Tenn. Comp. R. & Regs. 0400 — Environment and Conservation

0400-01 Office of the Commissioner

Chapter 0400-01-01 Public Records and Fees and Charges for Certain Departmental Services

Tenn. Comp. R. & Regs. 0400-01-01-.01 PUBLIC RECORDS

(1) Purpose The purpose of this rule is to establish the process by which the Department will provide access to its public records pursuant to the TPRA. Personnel of the Department shall provide timely access and assistance to persons requesting to inspect or receive copies of public records. No provision of these rules shall be used to hinder access to the Department’s public records. The public records of the Department are presumed to be open for inspection unless otherwise provided by law. However, the confidentiality, integrity, and organization of records, as well as the efficient and safe operation of the Department, shall be protected.

(2) Definitions “Department” means the Tennessee Department of Environment and Conservation.

“OORC” means the Tennessee Office of Open Records Counsel.

“Public records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency. Public records do not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record.

“Public Records Request Coordinator” and “PRRC” mean the individual designated by this

rule who has the responsibility to ensure public record requests are routed to the appropriate records custodian and are fulfilled in accordance with the TPRA. The Public Records Request Coordinator may also be a records custodian. The term also includes the Public Records Request Coordinator’s designee.

“Records custodian” means the office, official, or employee lawfully responsible for the direct custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the record.

“Requestor” means a person seeking access to a public record, whether it is for inspection or duplication.

“TPRA” means public records laws compiled in T.C.A. Title 10, Chapter 7, Part 5, often referred to as the Tennessee Public Records Act.

(3) Requesting Access to Public Records (a) Except as described in this subparagraph, public records requests shall be submitted to the PRRC to ensure the requests are routed to the appropriate records custodian and fulfilled in a timely manner. Public records requests may be submitted to the PRRC using the contact information set forth in part (4)(a)3. of this rule. However, if a requestor submits a public records request directly to a records custodian, the records custodian may fulfill the request without submitting the request, response, or records through the PRRC if:

Responding will not incur charges under this rule or the Schedule of Reasonable Charges issued by the OORC; and 2. The records custodian is reasonably certain that the information or records are not confidential.

(b) Requests for inspection only may be made orally to a records custodian or the PRRC or submitted in writing using the Public Records Request Form, found in paragraph (8) of this rule, or a substantially similar form provided by the Department, completed in accordance with the instructions, and submitted to the PRRC. If the request is made orally, as a best practice, the PRRC should request a mailing or electronic mailing address from the requestor for providing any written communication required under the TPRA.

(c) Requests for copies, or requests for inspection and copies, shall be made in writing using the Public Records Request Form, found in paragraph (8) of this rule, or substantially similar form, completed in accordance with the instructions therein, and submitted to the PRRC.

(d) The Department may require any person making a request to view or make a copy of a public record to present a government-issued photo identification, if the person possesses photo identification, that includes the person’s address. If a person does not possess photo identification, the Department may require other forms of identification acceptable to the Department.

(e) The Department is not required to sort through files to compile information or to create or recreate a record that does not exist. Any request for inspection or copying of a public record shall be sufficiently detailed to enable the Department to identify the specific records to be provided for inspection and copying. A potential requestor who is uncertain of either how to sufficiently identify records or if certain records exist may contact the PRRC or other appropriate Department personnel for assistance prior to submitting a records request. The Office of General Counsel represents the Department in matters related to public records requests.

(4) Responding to Public Records Requests (a) Public Records Request Coordinator 1. The PRRC, or a records custodian fulfilling a request in accordance with subparagraph (3)(a) of this rule, shall review public record requests and make an initial determination of the following:

(i) If the requestor identified himself or herself as a Tennessee citizen;

(ii) If the records requested are described with sufficient detail to enable the Department to identify the specific records that are to be provided; and (iii) If the Department is the custodian of the records.

The PRRC shall acknowledge receipt of the request and take any of the following appropriate action(s):

(i) Advise the requestor of the requirements of this rule for obtaining public records, if the requirements have not been met.

(ii) Deny the request in writing using the Public Records Request Response Form developed by the OORC (the “Response Form”), or a substantially similar form, providing the appropriate ground, including but not limited to the following:

(I) The requestor is not, or has not presented evidence of being, a Tennessee citizen.

(II) The request lacks sufficient detail to identify the specific records to be provided for inspection or copying.

(III) An exemption or other law makes the record not subject to disclosure under the TPRA. The specific exemption or other law will be provided to the requestor in accordance with the TPRA.

(IV) The Department is not the custodian of the requested records.

(V) The records do not exist.

(iii) Contact the requestor to discuss modification or clarification of the request.

(iv) Forward the records request to the appropriate records custodian in the Department.

(v) If requested records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct governmental entity and PRRC for that entity if known.

(i) The title of the PRRC is “Tennessee Department of Environment and Conservation, Public Records Request Coordinator.” The PRRC’s contact information is:

Tennessee Department of Environment and Conservation 312 Rosa L. Parks Ave., 2 nd floor Nashville, TN 37243 615-532-0109 TDEC.Public.Records.Request@tn.gov https://www.tn.gov/environment/contacts/public-records-request.html (ii) Any changes to the contact information will be posted on the Department’s website.

(b) Records Custodian 1. Upon receiving a public records request for inspection or copies, a records custodian shall promptly make the requested public records available in accordance with T.C.A. § 10-7-503. If the records custodian is uncertain as to whether an applicable exemption or other law would apply to make requested records confidential, the records custodian shall consult with the PRRC.

If it is not practicable for the records custodian to promptly provide the requested records because additional time is necessary to determine whether the requested records exist; to search for, retrieve, or otherwise gain access to records; to determine whether the records are subject to confidentiality requirements; to redact records; or for other similar reasons, then a records custodian shall contact the PRRC to discuss the reason(s). The PRRC shall send the requestor a completed Response Form within seven business days from the date the Department received the request and provide the reason(s) additional time is needed to respond to the request.
If the Department intends to deny a public record request, the records custodian shall coordinate with the PRRC. If the PRRC determines that grounds for denial exist, the PRRC shall deny the request in writing as provided in subpart (a)(2)(ii) of this paragraph using the Response Form.
If a records custodian reasonably determines production of records should be segmented because the records request is for a large volume of records, or additional time is necessary to prepare the records for access, the Department shall use the Response Form, to notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If the Department deems it appropriate, the PRRC may contact the requestor to see if the request can be narrowed.
If a records custodian discovers records that existed at or before the time of the records request and that are responsive to the records request but were omitted from the Department’s response to the records request, the Department shall contact the PRRC to explain the omission, and the PRRC shall contact the requestor concerning the omission and produce the records as quickly as practicable.

(c) Confidential Records and Redaction 1. Records that are designated by law as confidential, including but not limited to records designated as confidential under T.C.A. § 10-7-504, shall not be open for public inspection.

In accordance with T.C.A. § 10-7-504(a)(21)(A)(i), the following records, and any other records determined by the Department to allow a person to identify areas of structural or operational vulnerability of a utility service provider or permit unlawful disruption to, or interference with, the services provided by a utility service provider, shall be treated as confidential and shall not be open for public inspection:

(i) The latitude and longitude coordinates of public water system wells, intakes, water mains, water tanks, valves and GIS analyses derived from these data;

(ii) Records pertaining to the delineation of source water protection areas; and (iii) Records pertaining to well head protection areas and inventories of significant potential contaminant sources.

If a record contains confidential information or information that is not open for public inspection, the Department shall prepare a redacted copy prior to providing access to the record. However, if the entire record is confidential, then it shall not be deemed a public record and shall not be produced. Whenever a redacted record is provided, the PRRC should provide the requestor with the

basis for redaction, which shall be general in nature and not disclose confidential information. The redaction of confidential information shall not constitute the creation of a new record. Costs associated with redacting records, including the cost of copies and staff time to provide redacted copies, shall be borne as provided by law.

(5) Inspection of Records (a) The Department will not charge for inspection of the Department’s public records.

(b) The PRRC or records custodian shall promptly respond to a public records request for inspection. The time and location for inspection of records within the offices of the Department should be coordinated with the PRRC or records custodian.

(6) Copies of Records (a) The PRRC or records custodian shall promptly respond to a public records request for copies.

(b) Copies will be available for pickup at a location specified by the records custodian or PRRC.

(c) If records are available in electronic form and the requestor agrees, the Department may provide such records via electronic mail, a web-based sharing platform, or other means to reduce costs and delivery time. Otherwise, copies will be shipped to the requestor’s address.

(d) A requestor may make copies of public records with personal equipment, if the equipment does not require contact with the record. However, the Requestor shall not connect any personal equipment directly to a Department computer, including, but not limited to, utilizing a flash drive, in order to make copies of public records.

(7) Fees and Charges and Procedures for Billing and Payment (a) Production Costs Upon a request for records under the TPRA, the Department shall charge the requestor a reasonable charge for production costs, including labor, duplication, and delivery, based on the most current Schedule of Reasonable Charges issued by the OORC, available at the website of the OORC. If a public record has commercial value as that term is described by T.C.A. § 10-7-506(c), the Department shall charge the requestor an additional fee in accordance with the procedure set out in Rule 0400-40-01-.02.

(b) Payment of Production Costs The Department shall provide the requestor an estimate of the production costs, including labor, duplication, and delivery, before the initial production of the requested records. The Department shall require the requestor to provide full payment of the production costs, including postage if applicable, before copies of the requested records are delivered or otherwise made available.

The Department shall waive the production cost if the total production cost, including labor, duplication, and delivery, is less than $50.
When the requestor is a federal, state, or local government agency, the Department may produce the requested copies of public records without charge if the Commissioner determines that the production is in the best interest of the public. A request made by a federal, state, or local government agency on behalf of a citizen under the TPRA shall be treated as a request by a citizen and charged accordingly.
The Department will not charge for the first hour of labor for each request unless the requests are aggregated as provided in subparagraph (e) of this paragraph.

(d) Reduction of Fees.

The Commissioner may reduce any part of the fees calculated under these rules upon the Commissioner’s determination that the reduction is in the best interest of the public.

(e) Aggregation of Frequent and Multiple Requests 1. The Department will aggregate requests for inspection or copies of records in accordance with the Reasonable Charges for Frequent and Multiple Request Policy promulgated by the OORC when four or more requests are received within a calendar month either from a single individual or from a group of individuals deemed by the Department to be working in concert.

Records requests will be aggregated at the Department level.
The PRRC is responsible for making the determination that a group of individuals is working in concert. The PRRC or the records custodian will inform the individuals that they have been deemed to be working in concert and that they have the right to seek review from the OORC.
Public records requests involving routinely released and readily accessible records may be excluded from aggregation. However, a requestor will be encouraged to search for such records online prior to submitting a public records request.
Once a requestor makes four or more requests in a calendar month, the Department is no longer required to deduct one hour from the labor cost. The Department will deduct one hour of labor cost for each of the first three requests in a calendar month.

(8) Public Records Request Form PUBLIC RECORDS REQUEST The Tennessee Public Records Act (TPRA) grants Tennessee citizens the right to access records made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity that exist at the time of the request. The TPRA does not require records custodians to compile information or create or recreate records that do not exist.

Many of the Department’s public records are available via online data viewers or public notice web pages.

Potential requestors are encouraged to check these online sources for the availability of desired public records before submitting a public records request.

To: Public Records Request Coordinator, Tennessee Department of Environment and Conservation, 312 Rosa L. Parks Ave., 2nd floor, Nashville, TN 37243 or email to:

TDEC.Public.Records.Request@tn.gov From: _____________________________________________________________________________ Requestor’s Name and Contact Information Is the requestor a Tennessee citizen?  Yes  No Request:  Inspection  Copy/Duplicate If costs for copies are assessed, the requestor has a right to receive an estimate. Do you wish to waive your right to an estimate and agree to pay copying and production costs in an amount not to exceed $______________________? If so, initial here: ___________________.

Delivery preference:  On-Site Pick-Up  USPS First-Class Mail  Electronic  Other: ____________________________________ Records Requested:

Provide a detailed description of the record(s) requested, including: (1) type of record; (2) timeframe or dates for the records sought; and (3) subject matter or key words related to the records. Under the TPRA, record requests must be sufficiently detailed to enable a governmental entity to identify the specific records sought. As such, your record request must provide enough detail to enable the records custodian responding to the request to identify the specific records you are seeking. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ______________________ _________________________________________ Signature of Requestor and Date Submitted CN-[ ]

History

Authority: T.C.A. §§ 4-5-201, et seq., 10-7-503; 10-7-504(a)(21); 11-1-101; 11-1-108; and 68-203-103.
Administrative History: Original rule filed June 14, 2010; effective September 12, 2010. Amendment filed June 27, 2012; effective September 25, 2012. Amendments filed February 16, 2017; effective May 17, 2017. Amendment filed December 6, 2017; effective March 6, 2018. Amendments filed March 6, 2019; effective June 4, 2019.

Tenn. Comp. R. & Regs. 0400-01-01-.02 MISCELLANEOUS FEES

(1) Purpose The purpose of this Rule is to establish a process for assessing fees and charges for certain departmental services. Pursuant to T.C.A. § 11-3-302, fees and charges related to park operations shall be placed in the state park fund. Pursuant to T.C.A. § 68-203-101, fees and charges, for the environmental programs listed in subsection (b) of that statute, shall be placed in the Tennessee Environmental Protection Fund.

(2) Assessment of certain fees and charges To defray the cost of park operation and the administration of environmental regulatory programs, the Commissioner shall establish fees and charges as are necessary to make the department as self-sufficient as possible. The Commissioner may set fees and charges for:

(a) Revenue-generating facilities, including marinas, campgrounds, golf courses, cabins, gift shops, restaurants;

(b) Miscellaneous services provided by the Department; and, (c) Regulatory functions and services provided for which fees are not otherwise specified in statutes or rules.

(3) In setting such fees and charges the Commissioner shall consider:

(a) Maintenance costs;

(b) Short and long term operational cost;

(d) Lab expense;

(e) The State’s current overhead rate;

(f) Costs billed to the State by contractors and consultants; and, (g) A reasonable portion of the amount expended by the Department in gathering and posting data, computer program development cost, etc.

History

Authority: T.C.A. §§ 11-1-101, 11-1-108, and 68-203-103.
Administrative History: Original rule certified May 24, 1974. Original rule filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-01-01-.03 STATE PARKS ENTRANCE FEES AND PARKING FEES

(1) Purpose.

This rule is promulgated for the purpose of establishing entrance fees and parking fees to provide funding to maintain and improve the quality of facilities and services offered to all patrons of Tennessee State Parks System. It is the commissioner’s intent that funds raised pursuant to this part rule will remain exclusively within the Tennessee State Parks System.

(2) Entrance Permit Required.

All persons who enter a Designated Fee Area within the Tennessee State Parks System must have a valid entrance permit. Permits may be obtained at all Parks Visitor Centers and other locations designated by the commissioner.

(3) Designated Fee Area.

An area is a “Designated Fee Area” if the entrances to the area are so posted. Such postings may include the portion of the calendar year for which fees shall be charged and shall specify where entrance permits may be obtained. Any person who fails to obtain a permit as directed shall be subject to enforcement pursuant to Rule 0400-02-01-.04.

(4) Types of Permits.

(a) Complimentary Permit. Entrance permits shall be provided free of charge to the following persons:

Any person taking part in an organized tour or outing conducted for educational or scientific purposes related to the resources of the area visited by bona fide institutions established for these purposes. (Applicants for waiver of fees on this

basis will be required to provide documentation of their official recognition as educational or scientific institutions by Federal, State or local government bodies and will also be required to provide a statement as to the purposes of the visit proposed. Waivers granted on this basis will include all participating students and instructors, as well as accompanying non instructor chaperones;

Any person conducting State, local, or Federal government business within any Designated Fee Area;
Any person who has not reached thirteen (13) years of age; or 4. Any person performing approved volunteer projects/work in a State park.

(b) Tennessee State Parks Passport.

The Tennessee State Parks Passport is valid for admission to any Designated Fee Area.
The charge for the Tennessee State Parks Passport shall be determined by the Commissioner.
Except as provided in part 4. of this subparagraph, the Tennessee State Parks Passport shall be valid for one year from date of purchase.
For an additional fee, not to exceed thirty (30) dollars, as determined by the Commissioner, a Tennessee State Parks Passport that is purchased by a person sixty-five (65) years of age or older shall be valid for the lifetime of that person.

A Single-Visit Permit shall be required for all persons not admitted by a Complimentary Permit or Tennessee State Parks Passport.
The charge for the Single-Visit Permit shall not be more than two dollars ($2.00) per person. In lieu of this per person charge, the commissioner may establish a per vehicle charge. Any per vehicle charge established shall not exceed the total charge that would result if all passengers in the vehicle were charged on a per person basis.
A Single-Visit Permit shall be valid at the Designated Fee Area for which the permit is purchased during the same calendar day of purchase.

(5) Display and Nontransferability of Entrance Permits.

(a) Every permit shall be exhibited/displayed in the manner designated in the permit.

(b) Permits are nontransferable.

(6) Parking Fees.

(a) The Commissioner may charge a fee for the privilege of parking motor vehicles on State Park property. Such parking fees may be in addition to entrance fees.

The parking fee for vehicles capable of carrying fifteen (15) passengers or less shall range between one dollar ($1.00) and fifteen dollars ($15.00) per day.
The parking fee for vehicles capable of carrying more than fifteen (15) passengers shall range between ten dollars ($10.00) and fifty dollars ($50.00) per day.
The Commissioner may establish weekly, monthly, or annual parking fees that do not exceed the daily rates.

(b) Areas where a parking fee is charged shall be clearly posted. The posted sign shall include the rate and directions for making payment.

(7) Entrance Permits and Parking Fees Distinguished from Recreation Use Fees.

Neither Entrance Fee Permits nor the payment of parking fees authorizes the use of any facility for which a recreation use fee is charged. These fees are in addition to all other fees (e.g., green fees, slip fees, etc).

(8) The Commissioner may waive all or part of any fees otherwise due under this rule if he finds that such waiver is in the best interest of the park system. Such waivers may include the grant of free access on dates selected by the Commissioner, reduced group fees, special promotional fees, etc.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101, et seq.; 11-1-108; and 68-203-103.
Administrative History: Original rule filed June 14, 2010; effective September 12, 2010. Amendment filed December 21, 2011; effective March 20, 2012.

Chapter 0400-01-23 Reserved

Tenn. Comp. R. & Regs. 0400-01-23 Reserved

RULES

OF THE TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION

ABANDONED MINE LANDS

Chapter 0400-01-24 Repealed (Renumbered 0400-44-01)

Tenn. Comp. R. & Regs. 0400-01-24-.01 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.02 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.03 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.04 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.05 REPEALED

History

Authority: TCA. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982, effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.06 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.07 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.08 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.09 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.10 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.11 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982, effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.12 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.13 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Tenn. Comp. R. & Regs. 0400-01-24-.14 REPEALED

History

Authority: T.C.A. § 59-8-324 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 26, 1982; effective January 14, 1983. Repeal filed April 9, 2013; effective July 8, 2013. Rule renumbered 0400-44-01.

Chapter 0400-01-25 Repealed

Tenn. Comp. R. & Regs. 0400-01-25 Repealed

RULES

OF THE TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION

ABANDONED MINE LANDS

CHAPTER 0400-1-25 THROUGH 0400-1-31

REPEALED

Repealed by Chapter 837 of the Public Acts of 1984

Chapter 0400-01-40 Electronic Reporting

Tenn. Comp. R. & Regs. 0400-01-40-.01 APPLICABILITY

(1) Except as paragraph (2) of this rule provides otherwise, this chapter applies to persons who submit reports or other documents to the Department electronically to satisfy a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69.

(2) This chapter does not apply to:

(a) Documents submitted to the Department by facsimile or e-mail;

(b) Electronic documents submitted to the Department by magnetic or optical media such as diskette, compact disk, digital video disk, or tape;

(c) Documents and information submitted to the Department under grants issued by the Department, unless the conditions of the grant provide otherwise;

(d) Documents and information submitted to the Department under cooperative agreements entered into with the Department, unless the conditions of the agreement provides otherwise; or (e) Data transfers between EPA and the Department.

(3) This chapter provides the framework for guiding the Department to implement electronic reporting and for guiding any person who submits reports or other documents to satisfy a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68, and 69. It is intended that divisions of the Department that implement electronic reporting in their programs will develop such provisions through their own programs. The Department will receive, in electronic form, reports and other documents after each program prepares and becomes ready for electronic reporting.

History

Authority: T.C.A. §§ 11-1-101, 47-10-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed September 28, 2015; effective December 27, 2015.

Tenn. Comp. R. & Regs. 0400-01-40-.02 DEFINITIONS

The definitions set forth in this rule apply when used in this chapter.

(1) “Acknowledgement” means a confirmation of electronic document receipt.

December, 2015 2 (2) “Commissioner” means the Commissioner of the Department of Environment and Conservation.

(3) “Copy of Record” means a true and correct copy of an electronic document received by an electronic document receiving system, which copy can be viewed in a human-readable format that clearly and accurately associates all the information provided in the electronic document with descriptions or labeling of the information. A “copy of record” includes:

(a) All electronic signatures contained in or logically associated with that document;

(b) The date and time of receipt; and (c) Any other information used to record the meaning of the document or the circumstances of its receipt.

(4) “Department” means the Tennessee Department of Environment and Conservation.

(5) “Disinterested individual” means an individual who is not connected with the person in whose name the electronic signature device is issued. A “disinterested individual” is not any of the following:

(a) The person’s employer or employer’s corporate parent, subsidiary, or affiliate;

(b) The person’s contracting agent;

(6) “Electronic document” means any information in digital form that is conveyed to an agency or third-party, where “information” may include data, text, sounds, codes, computer programs, software, or databases. “Data” in this context, refers to a delimited set of data elements, each of which consists of a context or value together with an understanding of what the content or value means; where the electronic document includes data, this understanding of what the data element content or value means must be explicitly included in the electronic document itself or else be readily available to the electronic document recipient.

(7) “Electronic document receiving system” means any set of apparatus, procedures, software, records, or documentation used to receive electronic documents.

(8) “Electronic signature” means any information in digital form that is included in or logically associated with an electronic document for the purpose of expressing the same meaning and intention as would a handwritten signature if affixed to an equivalent paper document with the same reference to the same content. The electronic document bears or has on it an electronic signature where it includes or has logically associated with it such information.

(9) “Electronic signature agreement” means an agreement signed by an individual with respect to an electronic signature device that the individual will use to create his or her signatures requiring such individual to protect the electronic signature device from compromise; to promptly report to the agency or agencies relying on the electronic signatures created any evidence discovered that the device has been compromised; and to be held as legally bound, obligated, or responsible by the electronic signatures created as by a handwritten signature.

(10) “Electronic signature device” means a code or other mechanism that is used to create electronic signatures. Where the “device” is used to create an individual’s electronic signature, then the code or mechanism must be unique to that individual at the time the December, 2015 3 signature is created and he or she must be uniquely entitled to use it. The “device” is compromised if the code or mechanism is available for use by any other person.

(11) “EPA” means the United States Environmental Protection Agency.

(12) “Handwritten signature” means the scripted name or legal mark of an individual, handwritten by that individual with a marking or writing instrument such as a pen or stylus and executed or adopted with the present intention to authenticate a writing in a permanent form, where “a writing” means any intentional recording of words in a visual form, whether in the form of handwriting, printing, typewriting, or any other tangible form. The physical instance of the scripted name or mark so created constitutes the handwritten signature. The scripted name or legal mark, while conventionally applied to paper, may also be applied to other media.

(13) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character, including another agency.

(14) “Subscriber agreement” means an electronic signature agreement signed by an individual with a handwritten signature. This agreement must be stored until five (5) years after the associated electronic signature device has been deactivated.

(15) “Transmit” means to successfully and accurately convey an electronic document so that it is received by the intended recipient in a format that can be processed by the electronic document receiving system.

(16) “Valid electronic signature” means an electronic signature on an electronic document that has been created with an electronic device that the identified signatory is uniquely entitled to use for signing that document, where this device has not been compromised, and where the signatory is an individual who is authorized to sign the document by virtue of his or her legal status or his or her relationship to the entity on whose behalf the signature is executed.

History

Authority: T.C.A. §§ 11-1-101, 47-10-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed September 28, 2015; effective December 27, 2015.

Tenn. Comp. R. & Regs. 0400-01-40-.03 ENFORCEMENT AND COMPLIANCE

(1) A person is subject to any applicable state civil, criminal, or other penalties and remedies for failure to submit reports or other documents or otherwise comply with a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68, and 69 if the person fails to comply with the applicable provisions for electronic reporting.

(2) When an electronic document is submitted to satisfy a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69, the electronic signature legally binds, obligates, and makes the signatory responsible, to the same extent as the signatory’s handwritten signature would on a paper document submitted to satisfy the same reporting requirement.

(3) Proof that a particular signature device was used to create an electronic signature will suffice to establish that the individual uniquely entitled to use the device did so with the intent to sign the electronic document and give it effect.

(4) Nothing in this chapter limits the use of electronic documents or information derived from electronic documents as evidence in enforcement or other proceedings.

December, 2015 4

History

Authority: T.C.A. §§ 11-1-101, 47-10-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed September 28, 2015; effective December 27, 2015.

Tenn. Comp. R. & Regs. 0400-01-40-.04 ELECTRONIC REPORTING

(1) When allowed by the Department, a person may submit reports or other documents to the Department electronically to satisfy a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69, provided that person complies with the requirements of paragraph (3) of this rule.

(2) When required by the Department, a person must submit reports or other documents to the Department electronically to satisfy a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69 in compliance with the requirements of paragraph (3) of this rule.

(3)

(a) The person that transmits the electronic document to the Department’s applicable electronic document receiving system must comply with the system’s requirements for submission; and (b) The electronic document must bear all valid electronic signatures that are required by paragraph (4) of this rule.

(4) An electronic document must bear the valid electronic signature of a signatory if that signatory would be required to satisfy a statutory obligation or regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69 to sign the paper document for which the electronic document substitutes, unless the Department includes specific provisions to accept a handwritten signature on a separate paper submission and the signatory provides that handwritten signature. The paper submission must contain references to the electronic document sufficient for legal certainty that the signature was executed with the intention to certify to, attest to, or agree to the content of that electronic document.

History

Authority: T.C.A. §§ 11-1-101, 47-10-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed September 28, 2015; effective December 27, 2015.

Tenn. Comp. R. & Regs. 0400-01-40-.05 ELECTRONIC REPORTING SYSTEM

The Department’s electronic document receiving system that receives electronic documents submitted in lieu of paper documents to satisfy a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69 must be able to generate data with respect to any such electronic document, as needed and in a timely manner, including a copy of record for the electronic document, sufficient to prove, in private litigation, civil enforcement proceedings, and criminal proceedings, that:

(1) The electronic document was not altered without detection during transmission or at any time after receipt;

(2) Any alterations to the electronic document during transmission or after receipt are fully documented;

(3) The electronic document was submitted knowingly and not by accident;

December, 2015 5 (4) Any individual identified in the electronic document submission as a submitter or signatory had the opportunity to review the copy of record in a human-readable format that clearly and accurately associates all the information provided in the electronic document with descriptions or labeling of the information and had the opportunity to repudiate the electronic document based on this review; and (5) In the case of an electronic document that must bear electronic signatures of individuals as provided by paragraph (4) of Rule 0400-01-40-.04, that:

(a) Each electronic signature was a valid electronic signature at the time of signing;

(b) The electronic document cannot be altered without detection at any time after being signed;

(c) Each signatory had signed the opportunity to review in a human-readable format the content of the electronic document that he or she was certifying to, attesting to or agreeing to by signing;

(d) Each signatory had the opportunity, at the time of signing, to review the content or meaning of the required certification statement, including any applicable provisions that false certification carries criminal penalties;

(e) Each signatory had signed either an electronic signature agreement or a subscriber agreement with respect to the electronic signature device used to create his or her electronic signature on the electronic document;

(f) The electronic document receiving system had automatically responded to the receipt of the electronic document with an acknowledgement that identifies the electronic document received, including the signatory and the date and time of receipt, and was sent to at least one address that does not share the same access controls as the account used to make the electronic submission; and (g) For each electronic signature device used to create an electronic signature on the document, the identity of the individual uniquely entitled to use the device and his or her relation to any entity for which he or she will sign electronic documents had been determined with legal certainty by the Department. In the case of electronic documents submitted in lieu of paper documents to satisfy a statutory obligation or a regulatory requirement administered by the Department under the applicable portions of Tennessee Code Annotated, Titles 11, 59, 60, 68 and 69, this determination had been made before the electronic document was received, by means of:

Identifiers or attributes that are verified (and that may be re-verified at any time) by attestation of disinterested individuals to be uniquely true of (or attributable to) the individual in whose name the application is submitted, based on information or objects of independent origin, at least one item of which is not subject to change with governmental action or authorization;
A method of determining identity no less stringent than would be permitted by

part 1 of this subparagraph; or 3. Collection of either a subscriber agreement or a certification from the Department that such an agreement has been received and securely stored.

December, 2015 6

History

Authority: T.C.A. §§ 11-1-101, 47-10-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed September 28, 2015; effective December 27, 2015.

0400-02 Division of State Parks and Division of Natural Areas

Chapter 0400-02-01 General

Tenn. Comp. R. & Regs. 0400-02-01-.01 APPLICABILITY AND SCOPE

Tennessee State Parks and natural areas belong to the people of the State and are for the recreational use of the public and require protection and preservation. All visitors are welcome. To prevent abuse and misuse of the privileges and facilities provided, the following rules and regulations governing public use are adopted. The following rules and regulations apply to all state parks and state natural areas. If there is a conflict between these rules and a Natural Resource Rule in Chapter 0400-06-02, the more stringent

rule shall apply.

History

Authority: T.C.A. §11-1-108 and 11-14-104.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-01-.02 RESERVED

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-01-.04 PENALTIES

Any violation or these rules and regulations for the care and management of such properties as may be made under the authority of T.C.A. §11-1-108 shall be a misdemeanor and punishable under the general laws relating to misdemeanors.

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-01-.03 DEFINITIONS

(1) The following definitions shall apply to these regulations:

(a) The term “Commissioner” shall mean the Commissioner of the Tennessee Department of Environment and Conservation.

(b) The term “Assistant Commissioner” shall mean the Director of the Division of State Parks.

(d) The term “Authorized Person” includes any person authorized to enforce the provisions of these regulations.

(e) The term “Park Area” includes all state-owned or controlled lands administered by the Tennessee Department of Environment and Conservation, Division of Parks and Recreation.

(f) The term “Natural Area” includes all natural areas which are designated as natural areas by the Legislature.

(g) The term “Cultural Area” includes all those park areas which due to their cultural significance are determined to be on or eligible for listing on the National Register of Historic Places.

(h) The term “Recreational Area” includes all State lakeshores, scenic riverways, recreational areas, and all other park areas administered by the Division of State Parks primarily for the purpose of public recreation.

History

Authority: T.C.A. §§ 11-1-108 and 11-3-101.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Chapter 0400-02-02 Public Use and Recreation

Tenn. Comp. R. & Regs. 0400-02-02-.01 ABANDONED AND UNATTENDED PROPERTY

(1) Abandonment of any vehicle or other personal property is prohibited in a park area and such property may be impounded by the Park Manager or an authorized person.

(2) Leaving any vehicle or other personal property unattended for longer than 24 hours, without prior permission of the Park Manager, is prohibited and any property so left shall be impounded by the Park Manager. In the event unattended property interferes with a safe and orderly management of the park area, it may be impounded by the Park Manager at any time.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.02 AIRCRAFT

(1) The operation or use of aircraft on lands or waters other than at the landing areas designated in special regulations is prohibited. Where a water surface is designated as a landing area, the operation or use of aircraft on the water within 500 feet of bathing beaches, boat docks, floats, piers, ramps, or within one mile of water controlled structures, except as otherwise provided by special regulations, is prohibited.

(2) Except in extreme emergencies involving the safety of human life or threat of serious property loss, the air delivery of any person or thing by parachute, helicopter, or other means without prior written permission of the Park Manager is prohibited.

(3) The provisions of this rule shall not be applicable to aircraft engaged on official business of the Federal Government or State Government, or used in emergency rescue in accordance with the directions of the Park Manager, or forced to land due to circumstances beyond the control of the operator.

(4) The operation of aircraft shall be in accordance with current applicable regulations of the Federal Aviation Agency, State Aviation Commission and posted regulations of the individual Recreation Airports within the park areas.

(5) This rule does not apply to the operation of an unmanned aircraft system (UAS) as defined in

Rule 0400-02-02-.33. See Rule 0400-02-02-.33 for the requirements that apply to operation of a UAS in park areas or natural areas.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010. Amendment filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-02-.03 AUDIO DEVICES

(1) The operation or use of any audio devices including radios, television sets, musical instruments, and noise producing devices such as electric generating plants, or other equipment driven by motors or engines in such a manner and at such times so as to unreasonably annoy persons in campgrounds, picnic areas, lodges, or at other public places or gatherings is prohibited.

(2) The operation or use of public address systems, whether fixed, portable, or vehicle mounted on lands, waters, and highways, is prohibited except when such use or operation is in connection with public gatherings or special events for which permits have been issued by the Park Manager.

(3) The installation of aerials or other special radio, telephone, or television equipment is prohibited unless authorized by the Park Manager.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.04 BEGGING AND SOLICITING

(1) Begging is prohibited.

(2) Hitchhiking or the soliciting of transportation is prohibited.

(3) Commercial soliciting of any kind without a permit is prohibited: provided, that this rule shall not apply to transactions with authorized concessioners.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.05 CAMPING

(1) Camping and the use of trailers or other camper units is permitted only at designated locations: provided, however, that the Park Manager may issue written permits to persons desiring to camp in backcountry, or other isolated sections of a park area, or may designate portions of the park area in which such permits will not be required by marking on a map which shall be available for public inspection in the Park Offices.

(2) Within designated locations, the pitching of tents or parking of trailers or other camper units is permitted only at the sites designated.

(3) The Assistant Commissioner and/or Area Manager may establish limitations on the length of time persons may camp within a park area, either in a single period or in combined separate periods. Such limitations shall be posted at campgrounds, ranger stations, or other appropriate locations.

(4) The installation of permanent camping facilities is prohibited.

(5) The digging or leveling of the ground at any campsite is prohibited.

(6) Camping equipment must be completely removed and camping sites cleaned by campers before departure.

(7) Quiet shall be maintained in all campgrounds between the hours of 10:00 p.m. and 6:00 a.m.

(8) The gathering of wood for use as fuel in campgrounds or picnic areas shall be limited to dead material on the ground, except where such gathering is prohibited by the Park Manager by the posting of appropriate signs.

(9) Golf carts are only allowed on the paved roads within the campgrounds. Anyone operating a golf cart in the campgrounds must have a valid driver’s license.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101, et seq.; and 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010. Amendment filed December 21, 2011; effective March 20, 2012.

Tenn. Comp. R. & Regs. 0400-02-02-.06 CLOSING OF AREAS

The Park Manager may establish a reasonable schedule of visiting hours for all portions of a park area and close or restrict the public use of all or any portion of a park area, when necessary for the protection of the area or the safety and welfare of persons or property by the posting of appropriate signs indicating the extent and scope of closure. All persons shall observe and abide by the officially posted signs designating closed areas and visiting hours.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.07 DISORDERLY CONDUCT

(1) Disorderly conduct is prohibited.

(2) Offense defined: A person is guilty of disorderly conduct with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, if he shall:

(a) Engage in fighting or in threatening, violent or tumultuous behavior; or (b) Make unreasonable noise or make an offensively coarse utterance, gesture, or display, or address abusive language to any person present; or (c) Create a hazardous or physically offensive condition by any act or threat of action.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.08 DOGS, CATS, AND OTHER PETS

(1) Dogs, cats and other pets are prohibited unless they are crated, caged or on a leash, or otherwise under physical restrictive control at all times.

(2) Pets are prohibited in park inns, cabins, lodges (except in areas specifically designated for pets), public eating places, food stores, and on designated swimming beaches, public spray pads and pools at all times. The Park Manager may also designate, by the posting of appropriate signs, other portions of park areas where pets are not permitted. This prohibition shall not apply to Seeing Eye Dogs or Hearing Ear Dogs or service animals with their master.

(3) The keeping of dogs, cats or other pets by residents is prohibited unless authorized by the Park Manager under such conditions as they may prescribe.

(4) Dogs, cats or other pets running at large and observed in the act of killing, injuring or molesting humans or wildlife may be disposed of in the interest of public safety and protection of the wildlife.

(5) In park areas where hunting is permitted, the use of dogs may be allowed in accordance with rules of the Tennessee Wildlife Resources Commission.

(6) Persons shall clean up a pet’s waste in any park area. Failure to clean up the waste is a violation of park rules.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.09 EXPLOSIVES

(1) The use or possession of explosives is prohibited except upon written permission of the Park Manager. Any authorized use or possession of explosives shall conform with all applicable Federal, State, and local laws.

(2) The use or possession of fireworks and firecrackers is prohibited, except upon written permission of the Park Manager.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.10 FALSE REPORTS

The giving of any false or fictitious report or other information to any authorized person investigating an accident or any violation of law or regulations is prohibited.

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.11 FIREARMS, TRAPS, AND OTHER WEAPONS

(1) In park, natural, and historical areas the use of traps, seines, handthrown spears, nets (except landing nets), firearms (including air and gas powered pistols and rifles), blow guns, bows and arrows or crossbows, and any other implements designed to discharge missiles in the air or under the water which are capable of destroying animal life are prohibited. The possession of such objects or implements is prohibited unless they are unloaded and adequately cased, or broken down or otherwise packed in such a way as to prevent their use while in the park areas.

(2) Exceptions (a) Shooters may use recreational target shooting ranges available for skeet, trap and bow and arrow target shooting within a park area as long as these weapons are properly cased when not on the range.

(b) Authorized Federal, State, County and City law enforcement officers may carry firearms in the performance of their official duties.

(c) Persons using park area facilities while participating in authorized open or managed hunts within the park areas or beyond, may use and possess firearms under the specific rules and regulations pertaining to the authorized hunt and only in the authorized hunting zones or compartments.

(d) In accordance with T.C.A. § 39-17-1311, persons who are authorized to carry a handgun pursuant to T.C.A. § 39-17-1351 may carry handguns, unless such persons:

Are in the immediate vicinity of an athletic event or other school-related activity on an athletic field sponsored by a school or university: and 2. (i) Knew or should have known such an athletic event or other school-related activity was taking place, or (ii) Failed to take reasonable steps to leave the area of the athletic event or school-related activity after being informed of or becoming aware of its use.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101, et seq.; and 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010. Amendments filed March 10, 2016; effective June 8, 2016.

Tenn. Comp. R. & Regs. 0400-02-02-.12 FIRES

(1) The kindling of any fire is permitted only:

(a) In designated camping and picnic grounds when the fire is confined in a fireplace provided for the use of visitors, or grills, or in locations marked by the Park Manager; or (b) In other locations, including backcountry, wilderness and remote sections of the park areas when a written permit has been secured from the Park Manager; or (c) In stoves or lanterns using gasoline, propane, butane gas or similar fuels.

(2) Fires must be kindled in such manner that no tree, shrub, grass, or other inflammable or combustible matter will be set on fire or caused to be set on fire.

(3) When no longer needed, the fire shall be completely extinguished. Leaving a fire unattended is prohibited.

(4) Throwing or dropping a lighted cigarette, cigar, pipe heel, match or other burning material is prohibited.

(5) The kindling of fires on park area lands and privately owned lands under the legislative jurisdiction of the State of Tennessee may be prohibited or limited by the Park Manager by posted signs when the fire hazard makes such action necessary.

(6) The Park Manager, during such periods of time as he may prescribe, may prohibit smoking on any lands, including roads and trails, by the posting of appropriate signs.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.13 FISHING

(1) Unless further restricted herein or by special regulation, fishing within park areas shall be in accordance with the laws and regulations of the Tennessee Wildlife Resources Agency.

(2) Fishing in all park lakes may require a fishing permit for which there may be a nominal charge.

(3) Digging for bait is prohibited within all park areas.

(4) The transplanting or introducing of any live fish or fish eggs into the waters of any park area is prohibited.

(5) Fishing is prohibited from within 200 feet of any public raft or float designed for water sports or within the limits of designated mooring areas or swimming areas. Fishing from within 200 feet of public boat docks with designated harbors may be prohibited by the Park Manager by the posting of appropriate signs.

(6) Fishing from motor vehicle bridges is prohibited.

(7) State fishing licenses and park permits must be exhibited upon demand to any person authorized to enforce the provisions of these regulations.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.14 ALCOHOLIC BEVERAGES

(1) Possessing alcoholic beverages in an open container or consuming any alcoholic beverages in any state park area is prohibited, except as specifically allowed in paragraph (2) of this

rule.

(2) Possessing alcoholic beverages in an open container or consuming any alcoholic beverages in any state park area is allowed in the following designated areas and circumstances:

(a) In the overnight accommodations set out below:

Designated campsites;
Cabins;
Inn Rooms;
Group Camps; and 5. Other accommodations designated by the Division of State Parks.

(b) In any designated group day-use facility by any authorized group which has paid a reservation fee and has obtained a prior authorization from the Park Manager to consume alcohol. A designated group day-use facility includes:

Designated picnic area, shelters, or meeting rooms; and 2. Open-Space venues that have specific boundaries as defined by the Park Manager.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 4-5-202; 4-5-203; 4-5-206; 11-1-101, et seq.; and 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed May 1, 1975; effective May 31, 1975. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed October 15, 2003; effective December 29, 2003. Amendment filed June 14, 2010; effective September 12, 2010. Amendments filed March 10, 2016; effective June 8, 2016.

Tenn. Comp. R. & Regs. 0400-02-02-.15 LOST AND FOUND ARTICLES

All lost articles shall be deposited by the finder at the office of the Park Manager or at the nearest Ranger Station, leaving the name and address of the finder. Articles not claimed within thirty (30) days will be sent to the finder if they so request.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.16 PICNICKING

(1) In Natural and Cultural areas, picnicking is prohibited except in those locations designated by the Park Manager, by posting of appropriate signs.

(2) In recreation areas, picnicking is permitted unless appropriate signs have been posted by the Park Manager identifying locations where picnicking is not permitted.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.17 PORTABLE ENGINES AND MOTORS

The operation or use of a portable motor-driven electric generating plant, pump, or other equipment driven by a portable engine or motor outside any developed or public use area without written permission from the Park Manager, is prohibited. The Park Manager may issue a permit for the use if he determines that the applicant has submitted satisfactory justification for the use of such equipment, that natural resources will not be impaired, and that no undue interference with public enjoyment of the park area will result. This rule does not apply to outboard motors in areas where outboard motorboating in permitted, nor does it apply to electric generating plants on vessels.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.18 PRESERVATION OF PUBLIC PROPERTY, NATURAL FEATURES, CURIOSITIES

AND RESOURCES.

(1) The intentional or wanton destruction, defacement, or removal of any natural or cultural feature or non-renewable natural resource is prohibited without a permit granted pursuant to

rule 0400-02-02-.23 Scientific Specimens.

(2) The intentional or wanton destruction, injury, defacement, removal or disturbance in any manner of any public buildings, signs, equipment, monument, marker or other structure or of any relic, artifact, ruin or historic or pre-historic feature or of any other similar public property is prohibited. The intentional or wanton possession of park equipment is prohibited without the authorization of the Park Manager or his designate.

(3) Gathering or collecting for personal use reasonable quantities of natural products of a renewable nature including but not limited to fruits, berries, and driftwood is permitted; however, the gathering or collecting of such products for the purpose of commercial sale or other commercial use is prohibited.

(4) The gathering or collecting of small quantities of pebbles or small rocks by hand for personal use is permitted; however, the collection of such objects for the purpose of commercial sale or other commercial use is prohibited.

(5) The destroying, digging, cutting, removing, or possession of any tree, shrub, or other plant is prohibited without a permit granted by the Assistant Commissioner of Parks and Recreation.

(6) The use of any mineral or metal detecting device capable of detecting the underground or underwater location of geological, archaeological or historical objects or materials is prohibited. Provided, however, that this rule shall not apply to:

(a) Fathometers, radar equipment and electronic equipment used primarily for the navigation and safe operation of boats and aircraft;

(b) Persons possessing a permit from the State Archaeologist to conduct legitimate archaeological research when such permit is signed by the Assistant Commissioner of Parks and Recreation; and (c) An individual engaged in a limited search for a lost item under supervision of the Park Manager.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.34 PARKING

(1) No person shall:

(a) Stop, park, or leave any vehicle, whether attended or unattended, upon the paved or maintained surface of a road so as to leave less than 10 feet of the width of the same traffic lane for the free or unobstructed movement of other vehicles or upon a designated fire lane in violation of paragraph (1) of Rule 0400-02-05-.13; or (b) Stop or park any vehicle, whether attended or unattended, in a manner that is prohibited or restricted by any sign in violation of paragraph (1) of Rule 0400-02-05-.18.

(2) The person to whom a vehicle is registered and any person parking such a vehicle are jointly responsible for ensuring that a vehicle is not stopped, parked, or left in a manner that is in violation of paragraph (1) of this rule.

(3) For a person to whom a vehicle is registered, it shall be an affirmative defense to an alleged violation of paragraph (1) of this rule that the vehicle was leased or rented to another person at the time of the violation. Provided, however, that the person to whom the vehicle was leased or rented remains responsible for ensuring that a vehicle is not stopped, parked, or left in a manner that is in violation of paragraph (1) of this rule.

(4) A notice of violation containing a proposed civil penalty under Rule 0400-02-02-.35 for a violation of this rule may be served as set out in paragraph (2) of Rule 0400-02-02-.35 or by leaving a copy of the notice of violation on the vehicle that is stopped, parked, or left in violation of paragraph (1) of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101(e); and 11-1-109(b).
Administrative History: New rule filed January 22, 2021; effective April 22, 2021.

Tenn. Comp. R. & Regs. 0400-02-02-.35 NOTICES OF VIOLATION

(1) In addition to or in lieu of any other lawful action, the Commissioner may issue a notice of violation for any violation for which the Commissioner is authorized to seek a civil penalty pursuant to T.C.A. § 11-1-109 by notifying a person of the Commissioner’s intent to seek assessment of a civil penalty pursuant to T.C.A. § 11-1-109(c) and offering to settle the matter by the person to whom the notice of violation was issued admitting that the alleged violation occurred and paying the proposed penalty according to paragraph (3) of this rule.

Multiple alleged violations and proposed penalties may appear in a single notice of violation.

(2) Except as set out by paragraph (4) of Rule 0400-02-02-.34, a notice of violation issued pursuant to paragraph (1) of this rule shall be served by U.S. mail, personal service, email, or any other lawful means, on the person named in the notice of violation. The name and signature of the person issuing the notice of violation shall appear on the notice of violation.

(3) Any person served a notice of violation pursuant to this rule:

(a) May provide the Commissioner with a copy of the notice of violation signed by the person named on the notice of violation accepting the proposed civil penalty and admitting to the violations alleged in the notice of violation. The signed notice of violation shall be sent to the Department as provided on the notice of violation or the Department’s website. The person named on the notice of violation shall, by any means made available by the Department, make payment in the amount of the proposed civil penalty designated in the notice of violation within 30 calendar days of service of the notice of violation. The Commissioner may further settle the violations alleged in a notice of violation by such terms as the Commissioner determines appropriate; or (b) If a person does not accept the proposed civil penalty set out in a notice of violation, or any subsequent offer of settlement, the Commissioner, through the attorney general and reporter, may institute proceedings for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred, in the name of the Department to seek civil penalties pursuant to T.C.A. § 11-1-109(b)(3) and (c) for each violation. Nothing in this rule shall prohibit the Commissioner from seeking civil penalties greater than those proposed in the notice of violation or other offer of settlement.

(4) Signing and returning a notice of violation without remitting full payment of the proposed penalty in the notice of violation within the required 30 calendar days of service of the notice of violation may result in the Commissioner instituting proceedings through the attorney general and reporter for assessment in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred.

(5) Each notice of violation shall state the proposed penalty for the violation alleged. The date of the violation shall be the date that the violation occurred, not the date that any penalty is proposed through a notice of violation. Only penalties accepted according to subparagraph (3)(a) of this rule, or assessed according to subparagraph (3)(b) of this rule, shall be considered in determining whether to issue a second, or third or subsequent violation within a 365-day period pursuant to subparagraph (b) of this paragraph. Each day of a continued violation shall constitute a separate violation. The following shall be the schedule of standard penalties to be proposed by the Department.

(a) For an alleged violation of Rule 0400-02-02-.34: $35.

(b) For any other alleged violation:

First violation by an individual within a 365-day period, $50;
Second violation by an individual within a 365-day period, $100; and 3. Third or subsequent violation by an individual within a 365-day period, $200.

(6) Any proposed civil penalties paid to the Department pursuant to this rule shall be deposited in the state park fund created by T.C.A. § 11-3-302.

(7) Nothing in this rule shall limit the Commissioner’s authority to:

(a) Seek an assessment of civil penalties in excess of those proposed in a notice of violation through an action brought pursuant to T.C.A. § 11-1-109(c) without proposing to settle the matter by a notice of violation;

(b) Settle the allegations contained in a notice of violation after the expiration of the 30-day acceptance period; or (c) Pursue any other lawful criminal or civil remedy.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101(e); and 11-1-109(b).
Administrative History: New rule filed January 22, 2021; effective April 22, 2021.

Tenn. Comp. R. & Regs. 0400-02-02-.19 PUBLIC ASSEMBLIES, MEETINGS

(1) Public meetings, assemblies, gatherings, demonstrations, parades and other public expressions of views are permitted within park areas on lands which are open to the general public provided a permit has been issued by the Park Manager.

(2) Any application for such a permit shall set forth the name of the applicant, the date, time, duration, nature and place of the proposed event, and estimate of the number of persons expected to attend, and a statement of equipment and facilities to be used in connection therewith.

(3) The Park Manager shall issue a permit on proper application unless:

(a) A prior application for the same time and place has been made which has been or will be granted; or (b) The event will present a clear and present danger to the public health or safety; or (c) The event is of such nature or duration that it cannot reasonably be accommodated in the particular park area applied for.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.20 REPORT OF INJURY OR DAMAGE

All incidents resulting in injury to persons or damage to property must be reported by the person or persons involved as soon as possible to the Park Manager. This report does not relieve persons from the responsibility of making any other accident reports which may be required under State law.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.21 SADDLE AND PACK ANIMALS

(1) Horses and other saddle or pack animals are permitted only on those trails or routes established for their use, except in those areas where cross-country travel is permitted by the Park Manager.

(2) The use of horses or other saddle or pack animals upon the main traveled or maintained portion of roadways is prohibited except where such travel is necessary for ingress to and egress from trails or privately owned property, or is incidental to authorized travel.

(3) In the interest of the public safety and welfare the Park Manager, by special regulation, may require that saddle horse parties and pack trains shall be in the charge of a guide who has been licensed under State or local laws or who meets qualifications which may be established by the Park Manager, or both, if the Park Manager deems it necessary.

(4) Riding or hitching horses, or other saddle or pack animals in campgrounds, picnic areas, or within the immediate vicinity of trail shelters, eating or sleeping establishments or other areas of public gatherings, except where trails and facilities are designated or provided for such use, is prohibited.

(5) Riders shall slow their horses to a walk or slow trot when passing persons on foot or on bicycles.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.22 SANITATION

(1) All garbage, papers, cans, bottles, waste materials and rubbish of any kind must be disposed of only at points or places designated for the disposal thereof, or removed from the area.

(2) Draining or dumping refuse or wastes from any trailer, or other vehicle except in places or receptacles provided for such use is prohibited.

(3) Cleaning food or washing clothing or articles of household use at campground hydrants is prohibited.

(4) Polluting or contaminating in any manner any watershed, water supplies or water used for drinking purposes is prohibited.

(5) Fish entrails or other inedible parts of fish shall not be thrown into fresh waters or onto park area lands in areas of public concentration.

(6) Depositing any body waste in or on any portion of any comfort station or other public structure except into fixtures provided for that purpose is prohibited. Placing any bottle, can, cloth, rag, metal, wood, or stone substances in any of the plumbing fixtures in such station or structure is prohibited. All comfort stations shall be used in a clean, sanitary, and orderly manner.

(7) Urinating or defecating other than at the places provided is prohibited, except in backcountry, wilderness or other remote areas.

(8) Using State refuse containers or other refuse facilities for dumping household or commercial garbage or trash brought as such from private property is prohibited.

(9) Washing of vehicles, trailers, and boats at campground hydrants is prohibited.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.23 or Rule 0400-02-08-.28, respectively.

(6) The Commissioner may, prior to the issuance of any UAS flight permit, require a UAS flight permit applicant to pay (in the form of a credit card, cash, certified check, or money order made payable to the Department) a permit fee in an amount determined by the Commissioner to be the reasonable anticipated costs sufficient to cover costs incurred by the Department in processing the permit application and overseeing the permitted activity as determined by the specific facts and circumstances of that permit, including the presence of the UAS as an inconvenience to the park area or natural area guests or interference with the recreational nature of the park area or natural area. Upon request, the Commissioner shall provide a written breakdown of the anticipated costs. Nothing in this paragraph shall require the Commissioner to charge any costs for the issuance or renewal of a permit if the Commissioner determines that the permit may be issued and overseen without substantial cost to the Department.

(7) Each UAS flight permit issued will grant the one pilot named in the permit application the right to operate one UAS at a time, subject to any special conditions outlined in the permit.

(8) Each UAS permit shall only be valid for the time(s) and location(s) authorized by the Commissioner in the approval of the permit application.

(9) The Commissioner may establish the boundaries of any AFZ within a park area or natural area and a reasonable schedule of UAS flight operation for the AFZ, as well as whether an AFZ is permanent, seasonal, or temporary. A suitable location for an AFZ is one that:

(a) Is relatively open and free from obstruction;

(b) Is not near campgrounds, cabins, or other infrastructure where park area or natural area guests may routinely recreate or have accommodations;

(c) Is of a sufficient size to allow multiple UAS pilots to operate simultaneously; and (d) If possible, possesses scenic beauty or picturesque landscapes that will provide attractive backgrounds and opportunities for photography.

(10) The Commissioner may issue a UAS flight permit on a form issued by the Department to authorize UAS pilots to operate a UAS outside an AFZ pursuant to subparagraph (2)(b) of this rule. The Commissioner may deny an application for a UAS flight permit if the Commissioner determines, in the Commissioner’s sole discretion, that the issuance of the requested permit is inappropriate.

(11) When issuing a permit pursuant to paragraph (10) of this rule, the Commissioner may include additional reasonable terms and conditions the Commissioner deems necessary for the safety and protection of park area or natural area property and/or guests. Such terms and conditions may only limit a pilot’s ability to launch, land, or operate a UAS on certain park areas or natural areas, and may not regulate the airspace over a park area or natural area, or the flight of the UAS itself.

(12) This rule does not apply to the following types of UAS flight occurring within park areas or natural areas:

(a) UAS operated by employees of the State of Tennessee, the federal government, or contractors working on behalf of the State of Tennessee or the federal government, who are operating a UAS for official government business; or (b) A government agency, or a person acting on behalf of a government agency, using UAS flights for search-and-rescue, law-enforcement, or fire-prevention purposes.

(13) Persons exempted by paragraph (12) of this rule must still comply with all other applicable federal, state, and local laws governing UAS flights.

(14) This rule is not intended to impose any restrictions on the national airspace system under the sole regulatory authority of the FAA. To the extent reasonably possible, this rule should not be construed as regulating the national airspace system in any way, but only the launching, landing, and operation of UAS on park areas or natural areas.

(15) The Commissioner may revoke a UAS flight permit issued under this rule for any reason in the sole discretion of the Commissioner. A UAS flight permit issued under this rule only constitutes temporary, terminable permission to engage in the permitted activity.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-108.
Administrative History: New rule filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-02-.24 SKATES, SKATEBOARDS, ROLLER BLADES, SEGWAYS, SCOOTERS AND LIKE

RECREATIONAL EQUIPMENT.

The use of roller skates, skateboards, roller blades, segways, scooters and like recreational equipment are prohibited except in locations designated by the Park Manager by the posting of appropriate signs.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.25 SPECIAL EVENTS

Sports events, pageants, reenactments, regattas, entertainments and the like, characterized as public spectator attractions, are prohibited unless written permission has been given by the Park Manager. Such permits may be issued only after a finding that the issuance of such permit will not be inconsistent with the purposes for which the area is established and maintained, and will cause the minimum possible interference with use of the area by the general public. The permit may contain such reasonable conditions and restrictions as to duration and area occupied as are necessary for protection of the area and public use thereof.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.26 SWIMMING AND BATHING

(1) Swimming and bathing are prohibited except in designated beach areas, waters and pools.

(2) The Park Manager, with the approval of the Assistant Commissioner of Parks and Recreation, may post and enforce appropriate rules and regulations governing swimming areas. Violators of posted rules governing the use of pools and beaches will be subject to removal from the premises if the violation is flagrant or repeated or if in the judgment of the Park Manager the continued presence of the violator would create a hazardous condition in the area.

(3) The Park Manager or his designated staff in a pool or beach area are charged with providing a safe condition in these areas and as such may, from time to time, regulate public use of these facilities for the protection of public health and safety. Nothing in these rules shall be construed as limiting the authority of a lifeguard or other personnel in regulating public behavior at beaches and other swimming areas, to only posted rules.

(4) Scuba diving is prohibited within the limits of designated swimming, boat mooring, and boat docking areas.

(5) Scuba diving will be permitted in those state park lakes which are within the borders of a park but only upon receiving a permit to do so from the Park Manager or his authorized representative. This permit will be granted upon demonstration by the applicant that he/she has received scuba certification which is granted to those successfully completing courses meeting the “Revised Instructional Standards: Minimum Course Content for Entry-Level Scuba Certification,” January 16, 1986, including any subsequent revision to these standards. These standards are subscribed to by: National Association of Scuba Diving Schools, National Association of Underwriter Instructors, NAVI, PADI, Scuba Schools International and the YMCA. Provided, however, the Park Manager may refuse to grant a permit whenever in his judgment safety conditions or park operation concerns dictate.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.27 TAMPERING WITH VEHICLE OR VESSEL

Tampering or attempting to tamper with any vehicle, vessel or other equipment which is not lawfully in one’s possession or control, or entering or going upon, moving or manipulating any of the parts or components of any vehicle, vessel or other equipment or starting or setting the same in motion, except under such lawful possession or control, are prohibited.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.28 TRAVEL ON TRAILS

(1) The use of bicycles, motorcycles, snowmobiles, and other motor vehicles is prohibited on trails in park areas unless otherwise designated by the Park Manager by the posting of appropriate signs.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.29 WATER SKIING

(1) In lakes which are totally within the boundaries of a park area, the towing of water skis and similar devices by vessels is prohibited. In other lakes, water skiing is permitted except in waters which are posted by appropriate signs or markers.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.30 WILDLIFE; HUNTING

(1) The hunting, killing, wounding, frightening or capture at any time of any wildlife is prohibited, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury. Exception: On park areas during those times when hunts are being conducted in accordance with Tennessee Wildlife Resources Agency’s laws and regulations.

(2) Except as otherwise provided herein, the feeding, touching, teasing, molesting or intentional disturbance of any wildlife or the activities or phenomena of wildlife is prohibited.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.31 WINTER SPORTS

(1) Skiing, sledding, tobogganing, snowshoeing, skating, and other similar winter sports are permitted except upon roads and parking areas when such roads and parking areas are open to motor vehicle traffic and in other places where these activities are prohibited by posted signs.

(2) The towing of persons on skis, sleds, or other sliding devices is permitted only on routes or in locations designated by the Park Manager. Such designations may be made by marking on a map of the area which shall be available for public inspection at the park office, or by posting of signs.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.32 RESERVED

History

Authority: T.C.A. §§ 11-1-101(e) and (f) and 11-1-108.
Administrative History: Original rule filed April 4, 2000; effective June 18, 2000. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-02-.33 UNMANNED AIRCRAFT SYSTEMS

(1) Definitions.

When used in this rule, the following terms have the meanings given below:

(a) “Applicant” means the individual or entity that is submitting an application for unmanned aircraft system (UAS) flight outside the authorized flight zone. If the Applicant is an entity, the Applicant must have an individual listed on the application as the contact person for communication purposes.

(b) “Authorized flight zone” or “AFZ” means the land or water within a park area or natural area that is designated for unrestricted UAS launching, landing, and operation.

(c) “Commercial purpose” means operating a UAS for any purpose other than personal recreation and enjoyment. Such commercial purposes shall include, but not be limited to, filmmaking and photography, whether by professionals or amateurs, where there is the potential for financial gain, or where the film or photos are intended to be reproduced or posted on publicly available media outlets as brand promotion or awareness; scientific observation and data collection; specimen collection; GIS data collection; and research for institutions of higher education or governmental entities.

(d) “Commercial UAS flight” means a UAS operated for a commercial purpose.

(e) “Commissioner” means the Commissioner of the Department of Environment and Conservation or the Commissioner’s designee.

(f) “Department” means the Department of Environment and Conservation.

(g) “FAA” means the Federal Aviation Administration.

(h) “Natural area” has the same meaning as defined in Rule 0400-02-01-.03.

(i) “Park area” has the same meaning as defined in Rule 0400-02-01-.03.

(j) “Unmanned aircraft system” or “UAS” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft along with its associated elements (including communication links and the components that control the aircraft) that are required for the safe and efficient operation of the aircraft in the national airspace system.

(k) “UAS flight permit” means a permit issued under this rule to operate a UAS.

(2) No person may launch, land, or operate a UAS in any park area or natural area for any reason, unless:

(a) The UAS is launched, landed, and operated entirely inside of an AFZ, in which case, the person is not required to secure prior written approval from the Commissioner or to pay a permit fee; or (b) For a UAS that is launched, landed, or operated to any extent outside of an AFZ, the person obtains prior written approval from the Commissioner as evidenced by a signed UAS flight permit.

(3) Park area or natural area guests may not operate a UAS in a manner that would violate:

(a) Tennessee state law;

(b) Any regulation promulgated by the FAA regulating UAS flights;

(c) Any other law regulating the operation or flight of UAS; or (d) For persons with a UAS flight permit, any condition of the UAS flight permit, including but not limited to conditions added to the permit in accordance with paragraphs (5) and (11) of this rule.

(4) In order to receive a UAS flight permit, an Applicant must provide the following in or along with an application to the Commissioner prior to commencing flight of a UAS for which a UAS flight permit is required:

(a) Name and contact information of the Applicant;

(b) Name and contact information of the individual who will pilot the UAS;

(c) Anticipated time(s) and location(s) of all UAS flight activity requested to be authorized by the UAS flight permit, including a description of the proposed UAS flight activity and whether it will affect any natural features or wildlife in the park area or natural area, or park area or natural area guests;

(d) Whether the UAS flight is for recreational or commercial purposes;

(e) The permit fee, if any;

(f) Proof that the Applicant has all necessary licenses, certificates, waivers, clearances, and permits required by the FAA for the type of UAS flight in which Applicant seeks to engage;

(g) Certification that the Applicant agrees to remain liable for any damage caused by the UAS flight conducted under Applicant’s permit, regardless of who is piloting the UAS at the time of the damage;

(h) If the permit application includes a request to authorize a UAS flight for commercial purposes, in addition to the other information required by this paragraph (4), the Applicant shall provide:

The intended use of the footage, photographs, information, or specimens to be captured during the UAS flight, as applicable; and 2. If determined to be necessary by park area or natural area management, a certificate of general liability insurance naming the State of Tennessee as an additional insured with minimum limits per person and per accident that are acceptable to the Commissioner; and (i) Any other pertinent information requested by park area or natural area management.

(5) All UAS flights for the purpose of collecting artifacts or specimens on park areas or natural areas must also comply with and receive a permit for such flight in accordance with Rule

Chapter 0400-02-03 Boating

Tenn. Comp. R. & Regs. 0400-02-03-.01 ADDITIONAL REGULATIONS

In addition to the Park Regulations contained in this rule, the U.S. Coastguard Regulations, Titles 33 and 46 Code of Federal Regulations, and the Tennessee Boating Safety Act of 1965, as amended, must also be observed.

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-03-.02 DEFINITIONS

(1) “Vessel” includes every type or description of craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. This definition includes but is not limited to the following: Boat, motorboat, houseboat, rowboat, powerboat, jet boat, fishing boat, towboat, scow, flatboat, sailboat, cruiser, motor vessels, ship, barge, tug, floating cabana, party boat, charter boat, ferryboat, canoe, raft, or any buoyant device permitting or capable of free flotation.

(2) “Motorboat” means any vessel propelled by machinery of 65 feet or less in length, whether or not such machinery is the principal source of power.

(3) “Motor Vessel” means any vessel propelled by machinery over 65 feet in length, whether or not such machinery is the principal source of power.

(4) “Sailboat” or “Sail Vessel” means any vessel propelled solely by wind effect on the sail.

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-03-.05 PROHIBITED OPERATIONS

(1) No operator or person in charge of any vessel shall operate or knowingly permit any other person to operate a vessel in a reckless or negligent manner, or in a manner so as to endanger or be likely to endanger any person or property.

(2) No operator shall permit any person to ride on the gunwales, transom, or on the decking over the bow of a vessel propelled by machinery while the vessel is underway, unless the vessel is adequately equipped with rails or guards: provided, however, that this shall not apply while the vessel is being maneuvered for mooring or unmooring, or when embarking or disembarking passengers.

(3) No privately owned vessel shall be used to carry passengers for hire, or be used in any other commercial operation, unless written authorization has been granted by the Assistant Commissioner, except as provided by special regulations for areas having navigable waters.

(4) Vessels transported by vehicles must be launched or removed from the waters only at designated launching sites.

(5) No vessel shall be operated within 200 feet of any designated swimming area.

(6) All vessels shall proceed with due caution and at slow speed while underway when in the vicinity of any diver’s marker, designated by a standard square-shaped flag containing a white diagonal stripe on a red field.

(7) No vessel shall be operated in excess of five (5) miles per hour within designated harbors.

(8) Attaching a vessel to or interfering with any marker, navigational buoy, or other navigational aid is prohibited.

(9) Leaving any vessel unattended, outside of designated mooring or beaching areas, for a period in excess of 24 hours without prior written permission of the Park Manager is prohibited, and any vessel so left may be impounded by the Park Manager.

(10) Vessels equipped with a propeller above the water line, commonly referred to as an ‘‘airboat’’ are prohibited.

(11) No log boom, pier, dock, fence, pile, raft, anchorage, or other obstruction shall be installed in the waters of any park.

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-03-.03 BOAT LAUNCHING

(1) The Division of Parks and Recreation may establish a charge for the launching of private boats into lakes, rivers, or navigable streams accessible from park lands where such charge is otherwise permitted by statute or by the conditions under which the Division accepted title to these park lands.

(2) The Division of Parks and Recreation may prohibit the launching of personally owned boats on park lakes which are totally within the boundaries of a park.

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-03-.04 SAFETY FACTORS

(1) All persons under sixteen (16) years of age must be accompanied by an adult before fishing from boats except those children between 12 and 15 not using power-operated boats on the small park lakes.

(2) Boats shall not be operated in a reckless manner and shall not exceed five (5) miles an hour (except on open waters adjacent to park areas where there are no other speed restrictions).

(3) All occupants of a canoe must wear a life preserver on park-managed lakes and streams.

(4) All occupants of other types of park-owned boats are required to have a flotation device (furnished by the park) for every passenger.

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-03-.06 RESTRICTED WATERS

(1) No vessel shall be operated on any waters which are zoned or marked as migratory bird waters, or for fish cultural or wildlife uses.

(2) No vessel shall approach any dam or other engineering works closer than the limits posted with appropriate signs or markers.

(3) The Park Manager may close or otherwise restrict the use of any body of water when necessary to protect life or property, or for any other emergency. Such restricted area shall be defined, whenever practicable, by signs or markers.

(4) The Park Manager may, by the posting of appropriate signs, establish limitations on the time allowed for camping on or from vessels, either in single periods, or combined separate periods, in any area waters or portions thereof.

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Chapter 0400-02-04 Marina Operations

Tenn. Comp. R. & Regs. 0400-02-04-.01 DEFINITION

Park facilities for boat docking, storage and fueling will be referred to as a marina.

History

Authority: T.C.A. §11—108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-04-.02 STORAGE AT MARINA

(1)Facilities to store or moor a boat or vessel at a park marina may be obtained on a first come, first served basis from the Park Superintendent at an established monthly rate.

(2)A lease must be negotiated for space other than on a day-to-day or transient basis.

(3)Moorage will be limited to occupancy of an assigned space in a slip or dry storage area provided as a

part of the park development and specifically designed for the type of boat to be accommodated.

(4)No vessel or craft using barrels or metal containers for flotation will be permitted in park marinas.

Exception:The use of metal containers when filled with an appropriate amount of flotation material such as styrofoam will be allowed.

(5)Individuals under lease may not arrange for or provide electric service to their place of mooring.

Where such service is allowed, it will be provided through the Park Superintendent.

(6)All mooring shall be such as to permit easy and prompt removal of craft in the event of fire or other emergency.

(7)All moored craft shall be kept in a safe and seaworthy condition.

(8)Swimming is prohibited in all harbor areas.

(9)Proper sanitation, neat appearance and acceptable aesthetic standards shall be met at all times.

(a)No garbage or refuse of any kind may be dumped overboard. All such material shall be placed in proper receptacles provided on land.

(b)Littering of shoreline areas is strictly prohibited.

(c)Each craft moored in the harbor must be kept in good repair and appearance by the owner.

(d)Craft may not be removed from the water and left parked upon park property for more than forty-eight (48) hours without written permission of the Superintendent.

(e)All vessels moored in a park marina must have an approved type of treatment device if they have a toilet on board.

History

Authority: T.C.A. §11—1—108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987.

Tenn. Comp. R. & Regs. 0400-02-04-.03 MARINA OPERATION REGULATIONS

(1)Hours of operation will be posted in a conspicuous location showing year-round hours of operation, and must be complied with.

(2)Additional operation rules and regulations may be imposed by the Park Superintendent as he deems necessary by posting them at the marina office.

(3)The lease agreement provided for in these rules may also contain certain conditions regarding the arrangements for leasing storage facilities.

NOTE:Copies of the Tennessee Boating Safety Program may to obtained from the Park Office and Marina.

History

Authority: T.C.A. §11—1—108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987.

Chapter 0400-02-05 Vehicles and Traffic Safety

Tenn. Comp. R. & Regs. 0400-02-05-.01 STATE LAW APPLICABLE

Unless specifically covered by the general and special regulations set forth in this chapter, the laws and regulations of the State shall govern traffic and the operation and use of vehicles in all State Parks. Such State laws and regulations which are now or may hereafter be in effect are hereby adopted and made a

part of the regulations in this chapter.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.02 DEFINITIONS

The following terms and phrases when used in this chapter have the meanings respectively ascribed:

(1) “Vehicle”. Every device in, upon, or by which any person or property is or may be transported or drawn on land, except devices moved by human power or used exclusively upon stationary rails or tracks.

(2) “Motor Vehicle”. Every vehicle which is self-propelled by internal combustion, electric or any other mechanical motor, but not operated upon rails, or upon water.

(3) “Bicycle”. Every device propelled by human power upon which a person or persons may ride on land, having one, two, three or four wheels.

(4) “ATV”. All Terrain Vehicle.

(5) “Motorcycle”. Every motor vehicle having a seat for the use of the rider and designed to travel on not more than four wheels in contact with the ground, but excluding a tractor.

(6) “Authorized Emergency Vehicle”. Any vehicle in official use for emergency purposes by local, state or federal agencies and other emergency vehicles such as ambulances and fire engines.

(7) “Operator”. Any person who operates, drives, controls or otherwise has charge of a vehicle.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.03 BICYCLES

(1) Bicycle riders must comply with all applicable traffic regulations. Bicycle riders shall keep well to the right side of the road and shall keep the bicycle under complete control at all times.

Bicycles shall not be ridden abreast of one another except on roads designed for bicycle use only.

(2) Each bicycle must exhibit a white light on the front and a red light or red reflector on the rear during periods of low visibility or during the period between sundown and sunup.

(3) Anyone under the age of 16 is required to wear a helmet while operating or riding bicycles on any state park property.

History

Authority: T.C.A. §§ 11-1-108, -1-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010. Amendment filed December 21, 2011; effective March 20, 2012.

Tenn. Comp. R. & Regs. 0400-02-05-.04 COMMERCIAL TOWING SERVICE

An operator of a vehicle used to provide commercial towing service for another vehicle following an accident or for any other reasons must give immediate notice by the quickest available means of communication to the Park Manager before moving the vehicle, unless traffic is being obstructed, in which case notification shall be made before leaving the park area.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.05 DRIVER‘S LICENSE

Driving or permitting another person to drive a vehicle unless such operator has a valid license, when such is required by laws of the State in which the operator is resident or in which the vehicle is registered, is prohibited. A valid driver’s or operator’s license, registration and proof of insurance must be displayed upon the request of any authorized person.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.06 DRIVING UNDER INFLUENCE OF INTOXICATING LIQUOR OR DRUGS

No operator of a vehicle shall be under the influence of intoxicating liquor or drugs.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.07 ENTRANCES AND EXITS

No operator of a motor vehicle shall enter or leave the park with such vehicle at any place except established entrances and exits, and during such hours as may be designated by the Park Manager through the posting of appropriate signs.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.08 EXCESSIVE ACCELERATION

The excessive acceleration of the engine of a motor vehicle or motorcycle or ATV when such vehicle is not moving, or is approaching or leaving a stopping place, is prohibited.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.20 VEHICLE REGISTRATION

The operation of a vehicle which does not bear valid license plates and is not properly certificated or registered in accordance with applicable State laws is prohibited. Valid proof of ownership of State registry of the vehicle must be displayed upon the request of any authorized person. Valid proof of liability insurance must be displayed upon the request of any authorized person.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.09 FALSE REPORT

The giving of any false or fictitious report or information to any authorized person investigating an accident or other violation of law or regulations is prohibited.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.21 USE OF MOTORCYCLES

(1) Motorcycles (any two-, three- or four wheel vehicle of more than 5 horsepower) are only permitted on paved park roads, and must obey all traffic laws that any other motor vehicle operator must observe.

(2) Motorcycles must be equipped with brakes, lights, approved crash bars, seat and foot rests for operator and passenger, windshield or safety goggles for operator and passenger, and rear view mirror.

(3) Motorcycle operators must possess a valid Motorcycle Drivers License, Vehicle Registration Certificate, and vehicle must have proper license plates.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.10 FOLLOWING VEHICLES

The operator of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the roadway.

The responsibility for conformance with this rule rests with the operator of the following vehicle.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.11 LOAD, WEIGHT, LENGTH, AND WIDTH LIMITATIONS

(1) Load, weight, length, and width limitations of vehicles except as provided herein shall be in accordance with applicable State law: provided, however, the Park Manager may by the posting of appropriate signs, establish lesser limits, when limits within the State are determined to be greater than sufficient and proper for preservation of the roadway and the safety and welfare of the public, any may also establish hours during which heavy equipment may be operated over government roads.

(2) No vehicle, or load thereon, the total outside width of which exceeds eight (8) feet, shall be permitted on park roads without a permit from the Park Manager.

(3) Trailers more than 35 feet long are prohibited without a permit from the Park Manager.

(4) The transporting of explosives in any quantity or form without a permit from the Park Manager is prohibited.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.12 MUFFLERS

Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.13 OBSTRUCTING TRAFFIC

(1) Stopping, parking, or leaving any vehicle, whether attended or unattended, upon the paved or maintained surface of a road so as to leave less than 10 feet of the width of the same traffic lane for the free or unobstructed movement of other vehicles or upon a designated fire lane is prohibited, except in the event of accident or other conditions beyond the immediate control of the operator, or as otherwise directed by an authorized person.

(2) Causing or permitting a motor vehicle under one’s control to obstruct traffic by making turns from the wrong traffic lane, or by weaving in and out of traffic, or by driving so slowly as to interfere with the normal flow of traffic, or in any other manner, is prohibited.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010

Tenn. Comp. R. & Regs. 0400-02-05-.14 RECKLESS OR CARELESS DRIVING

(1) Driving or operating any vehicle carelessly or heedlessly, or in willful or wanton disregard for the rights or safety of other persons, or without due care or at a speed greater than is reasonable and prudent under prevailing conditions, having regard to traffic, weather, wildlife, road, and light conditions, and surface, width, and character of the road, is prohibited.

(2) Texting while operating a vehicle or distracted operation of a vehicle is prohibited.

(3) Every operator shall maintain such control of the vehicle as may be necessary to avoid danger to persons or property or wildlife.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.15 REPORT OF VEHICLE ACCIDENTS

(1) The operator of any vehicle involved in a collision or upset shall give notice of such accident forthwith by the quickest available means of communication to the Park Manager or his authorized representative and shall also provide a written report of the incident within twentyfour (24) hours when requested by the Park Manager or his authorized representative. This report does not relieve the operator from the responsibility of making any other motor vehicle accident report which may be required by State law.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.16 RIGHT OF WAY

(1) The operator of any vehicle, when being approached from any direction by any authorized emergency vehicle giving an audible or visual signal, shall yield the right of way to the emergency vehicle.

(2) Pedestrians, saddle horses, pack trains, and horsedrawn vehicles have right of way over motor vehicles.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.17 SPEED LIMITS

(1) The Park Manager may establish greater or lesser speed limits upon any road or other way when the maximum speed limits set forth are determined to be greater or less than is reasonable or safe. Such speed limits shall be established by the posting of appropriate signs and no person shall drive any vehicle at a speed in excess of the maximum limits so posted.

(2) The provisions of this rule shall not apply to authorized emergency vehicles: provided, however, that such vehicles shall not be operated at speeds in excess of those which are prudent under the circumstances.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.18 TRAFFIC CONTROL AND SIGNS

(1) The Park Manager may erect signs which regulate traffic, prohibit or restrict stopping, standing or parking, the direction of travel, and the hours during which roads and parking areas are open to the public. All persons shall comply with the directions of any signal or posted traffic sign.

(2) All persons shall obey the lawful order or signal of any authorized person directing, controlling, or regulating the movement of traffic.

(3) The operator of a motor vehicle shall comply with and observe all visual or audible signals given by any authorized person directing the operator to bring his motor vehicle to a stop.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.19 TRAVEL ON ROADS

(1) Operating a vehicle outside of established public roads, parking areas, or routes designated by the Park Manager is prohibited. Such routes may be designated by the posting of appropriate signs, or by marking a map which shall be available for public inspection in the office of the Park Manager, or both.

(2) Operating a vehicle, equipped with any fitting or device which damages or is likely to damage the road surface is prohibited: however, this rule shall not be construed to prohibit the use of ordinary detachable tire or skid chains or comparable safety devices under adverse road conditions.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-05-.22 TRAIL BIKES, MINIBIKES, AND OTHER OFF-ROAD VEHICLES

Trail bikes, minibikes and other off-road vehicles having two, three or four wheels are restricted to use of designated trails only. These designated areas may be used only during daylight hours as posted. These vehicles will be equipped with properly functioning mufflers and spark arresters. Neither vehicle nor operator’s license is required when vehicle is used within designated area. Safety is the responsibility of the user. All operators must operate within posted boundaries, or on trails as posted. Operator hours shall be from 9:00 a.m. to 30 minutes before sundown. Sanctioned competitive events are prohibited. One-way trails must be traveled in the direction indicated. No harassment or disturbance of people or wildlife is permitted. All riders of these vehicles shall follow the safety practices recommended by the American Motorcycle Association. Riders shall have a safety helmet and wear heavy shoes, protective clothing, and protective eyewear of shatterproof material. Safety of others must be a primary consideration at all times.

History

Authority: T.C.A. §11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed June 14, 2010; effective September 12, 2010.

Chapter 0400-02-06 Commercial and Private Operations

Tenn. Comp. R. & Regs. 0400-02-06-.01 ADVERTISEMENTS

Commercial notices or advertisements shall not be displayed, posted or distributed on park area lands unless prior written permission has been granted by the Director.

Such permission may be granted if the notice or advertisement is of goods, services, or facilities available within the park area or, if in the opinion of the Director, such notices and advertisements are found to be desirable or necessary for the convenience and guidance of the public.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987.

Tenn. Comp. R. & Regs. 0400-02-06-.02 BUSINESS OPERATIONS

Engaging in or soliciting any business in a park area except in accordance with the provisions of a permit, contract, or other written agreement with the Department is prohibited.

History

Authority: T.C.A. § 1-1-108.
Administrative History: Original rule certified May 24, 1974. Amendment filed August 24, 1987; effective October 8, 1987.

Tenn. Comp. R. & Regs. 0400-02-06-.03 CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES

Constructing or attempting to construct a building, or other structure, boat dock, road, trail, path, or other way, telephone line, telegraph line, power line, or any other private or public utility, upon, across, over, through, or under any park areas, except in accordance with the provisions of a valid permit, contract, or other written agreement with the Department of Conservation is prohibited.

History

Authority: T.C.A. § 11-1-108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-06-.04 DISCRIMINATION IN EMPLOYMENT PRACTICES

(1)The proprietor, owner, or operator of any hotel, inn, lodge or other facility or accommodation offered to or enjoyed by the general public within any park area is prohibited from discriminating against any employee or maintaining any employment practice which discriminates because of race, creed, color, ancestry, or national origin in connection with any activity provided for or permitted by contract or sublease. As used in this section, the term “employment” shall include, but not be limited to, employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

(2)Each such proprietor, owner or operator must post the following notice:

Notice This is a facility operated in an area under the jurisdiction of the Tennessee Department of Conservation.

No discrimination in employment practices on the basis of race, creed, color, ancestry, or national origin is permitted in this facility. Violations of this prohibition are punishable by fine, imprisonment, or both.

Complaints of violations of this prohibition should be addressed to the Director, State Parks, Nashville, Tennessee 37243.

History

Authority: T.C.A. § 11-108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-06-.05 DISCRIMINATION IN FURNISHING PUBLIC ACCOMMODATIONS AND

TRANSPORTATION SERVICES.

(1)The proprietor, owner or operator and the employees of any hotel, inn, lodge, or other facility or accommodations offered to or enjoyed by the general public within a park area and, while using such a park area, any commercial passenger-carrying motor vehicle transportation service and its employees, are prohibited from: (a) publicizing the facilities, accommodations or any activity conducted therein in any manner that would directly or inferentially reflect upon or question the acceptability of any person or persons because of race, creed, color, ancestry, or national origin; or (b) discriminating by segregation or otherwise against any person or persons because of race, creed, color, ancestry, or national origin in furnishing or refusing to furnish such person or persons any accommodations, facility, service, or privilege offered to or enjoyed by the general public.

(2)Each such proprietor, owner, or operator must post the following notice at such locations as will insure that the notice and its contents will be conspicuous to any person seeking accommodations, facilities, services, or privileges:

Notice This is a facility operated in an area under the jurisdiction of the Tennessee Department of Conservation.

No discrimination by segregation or other means in the furnishing of accommodations, facilities, services, or privileges on the basis of race, creed, color, ancestry or national origin is permitted in the use of this facility.

Violations of this prohibition are punishable by fine, imprisonment, or both.

Complaints of violations of this prohibition should be addressed to the Director, State Parks, Nashville, Tennessee 37243.

History

Authority: T.C.A. § 11-108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-06-.06 EATING OR LODGING ESTABLISHMENTS

(1) No establishment offering food, or lodging for sale on any privately owned lands under the legislative jurisdiction of the State of Tennessee may be operated without a permit obtained from the Superintendent. Such permit may include terms and conditions deemed necessary by the Superintendent to the health, safety, and welfare of the public and it may be revoked upon failure to comply with the requirements of paragraphs (2) and (3) of this Rule or the conditions set forth in the permit.

(2)Such establishment shall be maintained and operated in accordance with the rules and regulations recommended by the Tennessee Public Health Department for such establishments, and the substantive requirements of State and local laws and regulations relating to such establishments, which would apply if such privately owned lands were not subject to the jurisdiction of the State of Tennessee. In the event of conflict or inconsistency between such Tennessee Public Health Department recommendations and State or local laws for the former shall prevail.

(3)The Superintendent shall have the right to inspect such establishments at reasonable times to determine whether the establishment is being operated in accordance with the applicable rules and regulations.

History

Authority: T.C.A. § 11-108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-06-.07 IMPOUNDMENT OF ANIMALS

(1)Animals trespassing in park areas may be impounded by the Superintendent and, if not claimed by the owner within the periods specified in this section, shall be disposed of in accordance with State statutes insofar as they may be applicable. In the absence of such State statutes, the animals shall be disposed of in accordance with this section.

(2)If the owner is known, prompt written notice of the impounding will be served upon him, and in the event of his failure to remove the impounded animal within five (5) days from delivery of such notice, it will be disposed of in accordance with prescribed procedures.

(3)If the owner is unknown, no disposal of the animal shall be made until at least fifteen (15) days have elapsed from the date that a notice of the impounding is first published in a newspaper of general circulation in the county of which the trespass occurs and is posted at the county courthouse.

(4)The owner may redeem the animal by submitting proof of ownership and paying all expenses of the State for capturing, advertising, pasturing, feeding, impounding, and the amount of damage to any public property injured or destroyed by or through such trespass.

(5)In determining the claim of the State in any animal trespass, the value of forage consumed shall be computed at the daily, weekly, monthly, or yearly commercial rates prevailing in the locality for the class animal found in trespass. The claim shall include the pro rata salary of employees for the time spent and the expenses incurred in and about the investigation, reports, and settlement or prosecution of the claim.

(6)If an animal impounded under this section is offered at public sale and no bid is received or if the highest bid received is in an amount less than the amount of the claim of the State or of the officer’s appraised value of the animal, whichever is the lesser amount, such animal may be sold at private sale for the highest amount obtainable, or be condemned and destroyed or converted to the use of the State if of value for that purpose.

History

Authority: T.C.A. § 11-108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-06-.08 MEMORIALIZATION

The installation of any monument, memorial, tablet, or other commemorative installation in a park area without permission of the Director is prohibited.

History

Authority: T.C.A. § 11-108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-06-.09 NUISANCES

The creation or maintenance of a nuisance upon the State owned lands of a park area or upon any private lands within a park area under the exclusive legislative jurisdiction of the State is prohibited.

History

Authority: T.C.A. § 11-108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-06-.10 PROSPECTING, MINING, AND MINERAL LEASING

Prospecting, mining, and the location of mining claims under the general mining laws and leasing under the mineral leasing laws are prohibited in park areas, except as authorized by law.

History

Authority: T.C.A. § 11-108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-06-.11 RESIDENCE ON STATE LANDS

Residing in park areas is prohibited, except in accordance with a permit or other written agreement with the State authorizing such use, or by employees of the Division of State Parks.

History

Authority: T.C.A. § 11-108.
Administrative History: Original rule certified May 24, 1974.

Tenn. Comp. R. & Regs. 0400-02-06-.12 TRESPASS ON STATE LANDS

The running at large, herding, driving across, or grazing of animals of any kind on the public lands of an area, or the use of such lands for agricultural purposes, is permitted only under a valid lease, contract, or special use permit issued by the Department of Conservation.

History

Authority: T.C.A. § 11-108.
Administrative History: Original rule certified May 24, 1974.

Chapter 0400-02-07 Repealed

Tenn. Comp. R. & Regs. 0400-02-07-.01 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101, et seq., and 11-108.
Administrative History: Original rule certified May 24, 1974. Repeal filed February 21, 2024; effective May 21, 2024.

Chapter 0400-02-08 Management of Tennessee Natural Resource Areas

Tenn. Comp. R. & Regs. 0400-02-08-.01 NATURAL AREAS

Natural areas are areas possessing scenic; scientific, including biological and geological; and/or recreational values. Natural areas consist of legislatively designated areas that have been established to preserve an area’s inherent qualities and/or provide a specialized recreational facility. Each natural area is maintained and operated primarily for the preservation of the particular area or resource. The development of natural areas shall be limited to a few basic physical facilities. Larger structures such as interpretation and visitor centers, staff residences, picnic areas, parking areas and toilet facilities shall be located in specified zones near the major access points, if they cannot be located outside of the natural area. The purpose of these rules is to assure the preservation of natural areas throughout the state and to prevent abuse and misuse of the privileges and facilities provided.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.02 APPLICABILITY AND SCOPE

These rules apply to all natural areas. The state park rules at Chapter 0400-02-02 also apply to natural areas. Many state statutes are also applicable to all natural areas, including, but not limited to, T.C.A. § 11-5-108 regarding vandalism of caves.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.03 DEFINITIONS

When used in these rules the following terms have the meanings given below unless otherwise specified:

(1) “Commissioner” means the Commissioner of the Tennessee Department of Environment and Conservation or the Commissioner’s designee.

(2) “Department” means the Tennessee Department of Environment and Conservation.

(3) “Natural area” means those areas legislatively designated natural areas pursuant to T.C.A. § 11-14-108.

(4) “Program Administrator” means the administrator of the Natural Areas Program.

(5) “Manager” means that person given the responsibility by the Commissioner of overseeing a particular natural area.

(6) “Designated agency” means that agency designated in the management plan for the natural area as being responsible for management of the natural area.

(7) “Exotic species” means those species considered non-indigenous to the particular area.

(8) “Unmanned aircraft system” or “UAS” means unmanned aircraft system as defined in Rule

Tenn. Comp. R. & Regs. 0400-02-08-.04 PENALTIES

(1) T.C.A. § 11-14-115(a) states that whoever violates, fails, neglects, or refuses to obey any provision of the Natural Areas Preservation Act of 1971 or rule promulgated thereunder may be punished by a fine of not less than $100 for each day of such violation.

(2) T.C.A. § 11-14-115(b) states that any person who commits any of the following acts or omissions is subject to a civil penalty of up to $10,000 per day for each day during which the act or omission continues or occurs:

(a) Any damage or vandalism to any natural area;

(b) The removal or destruction of any rare, threatened or endangered species of plants in any natural area; or (c) Any other violation of the Natural Areas Preservation Act of 1971 or this Chapter.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.05 MANAGEMENT PLAN

(1) There shall be a management plan for each natural area. Development of each management plan shall adhere to a standardized outline format. The Department may consult with citizens’ organizations, as well as federal, state, and municipal agencies in the preparation of these plans.

(2) Responsibility for preparation and revision of the management plan for each natural area shall rest with the natural area’s Program Administrator or the state park manager with the approval of the Commissioner. The state park manager is responsible for preparation and revision when the primary management authority is the state park. For natural areas owned and managed by federal agencies, both the preparation and revision of the management plan and the day to day management of the natural area are the responsibility of the federal agencies. The Program Administrator shall be notified when federal agencies or state park managers are preparing and revising a management plan. For natural areas that are not owned by state or federal agencies, the owners shall be consulted regarding the management plan preparation. Representatives of administering agencies, private organizations, and other interested groups or individuals may provide written comment on management plans.

(3) The management plan for each natural area and revisions thereto shall take effect upon approval by the Commissioner. A deviation from these rules shall take effect only as provided in paragraph (5) of this rule. An up-to-date copy of each management plan shall be held by the manager, the Department, and the designated agency. These copies shall be available to public inspection during regular business hours as provided by law.

(4) Management of each natural area shall be in accordance with these rules except for deviations as may be provided in the management plan for natural areas.

(5) Whenever it is required in accordance with the management plan that there be a deviation from the rules in the management of a natural area, such deviation shall be set forth in detail, together with the reasons therefore, in the management plan. A deviation from these rules shall take effect only upon approval by the Commissioner, and only when in accordance with the provisions and restrictions of the Natural Areas Preservation Act of 1971, T.C.A §§ 11-14- 101 et seq.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.06 ADMINISTRATION AND CUSTODY

The form and method of administration and custody of each natural area shall be designated in the management plan. Each natural area shall have a manager who shall administer, manage, and protect the natural area in accordance with these rules and the management plan. The management plan shall designate an agency or owner to manage the natural area. The management plan may make a recommendation on whether an individual manager is needed full time in the natural area.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.07 REPORTS

The designated agency shall submit an annual report and such other periodic reports to the Commissioner in such form and at such time as the Commissioner may designate. The annual report shall include a record of management activities, land and easement inspection reports, natural catastrophes, visitor use data, and other influences affecting natural conditions within the natural area as provided in Rule 0400-02-08-.30. State and federal agencies shall be contacted for special conditions that might affect the natural area.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.08 INTRUSIONS

(1) Environmental intrusions are those areas, structures, or works of man that cause a negative impact upon the character of the natural area or the experience the natural area offers to its users.

(2) There shall be no development of structures, rights-of-way, or land uses which do not conform with the purposes and definition of a natural area as specified in T.C.A. §§ 11-14- 101 et seq., or these rules, except for intrusions that are permitted by each management plan. Any intrusion allowed by the management plan shall be considered as a deviation from these rules and treated as provided in Rule 0400-02-08-.05.

(3) Any environmental intrusion not necessary for the public use or well-being or for the management of the natural area, and is of such nature that it can be excluded, shall be so removed. This includes, but is not limited to, removing and revegetating roads, relocating powerlines, removing buildings, removing dams, and removing trash dumps.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.09 PUBLICITY

Information about natural areas and appropriate descriptive material shall be developed and made available to all interested persons. Publicity that would tend to induce the general public to visit a natural area, except to such extent as is compatible with the maximum desirable visitor use for the natural area as established by the management plan, shall be avoided. (See Rule 0400-02-08-.25.) Information shall emphasize protection and preservation of the natural area.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.10 BOUNDARY MARKERS

State owned natural area boundaries shall be made clearly evident by placing survey monuments at corners or other strategic locations, by posting boundary markers at intervals not exceeding 200 feet, or a shorter distance if necessary, so that each sign shall be visible from at least one other sign, except as otherwise provided in the management plan, and, if appropriate, by fencing or other means. Boundary marking of non-state owned natural areas shall be addressed in the management plan.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974, effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.11 BOUNDARY FENCES

Necessary boundary fences and barriers may be installed as provided in the management plan.

Generally, the fences and barriers shall not be in a form that may create a detrimental effect on movement of wildlife, air circulation, or other natural or aesthetic conditions. The fences and barriers shall also not, generally, cause unnecessary public opposition.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.12 ROADS

(1) Service Roads. Vehicular access lanes shall be installed and maintained within a natural area only where essential for patrol, fire control, or other necessary management activities, and in accordance with the management plan. Such lanes shall be closed to all vehicles except service and emergency vehicles. The service roads shall provide a single track and clearing shall not extend more than seven feet on each side of the center of the lane. Existing roads that are no longer necessary for management purposes shall be treated as intrusions per

Rule 0400-02-08-.08 unless otherwise utilized for public access as part of a trail system.

(2) Public Access Roads. Public access roads shall be installed and maintained only when needed to provide for visitor utilization of the natural area. Installation of these roads shall be in accordance with Rule 0400-02-08-.24 and the management plan. These roads shall be constructed subject to the following criteria:

(a) Road development in all natural areas shall be limited to the minimum extent necessary to provide access for the maintenance and/or public use of the natural area.

Roads shall be designed and located with extreme care and with a concern for the environment. Roads shall follow the general contour of the natural terrain.

(b) Roads in natural areas shall be constructed for a design speed not to exceed twentyfive miles per hour. Excessive cuts and fills shall be avoided. The width of roadways shall not exceed eighteen feet. Shoulders of the roadway shall not exceed one foot in width on each side. Two additional feet of shoulder may be allowed where guardrails are needed for safety purposes. The design of all structures, including, but not limited to, bridges, tunnels, grade separation devices, and retaining walls, shall be aesthetically pleasing and functional. Grades of up to 10% may be used where needed for short distances. Gravel surfaced roads shall be used when practical in keeping with primitive character of the natural area. Asphalt or concrete surfacing may be used where heavy use will make gravel surfacing impractical or when the safety of the visitor is involved.

(3) Careful attention shall be given to the impact that roads will have on the environment in the planning phase of natural area development. Road construction will not be initiated if during this phase it is determined that the impact will be negative to the character of the natural area. The appropriate manager for the natural area shall carefully weigh such values as drainage, streamflow, wildlife habitat and mobility, natural vegetation, geologic features, scenic features, noise levels, and other natural characteristics of the natural area before determining whether a road is to be built. The exact route of the proposed road shall be inspected at the site to ensure that all natural features have been considered.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.13 TRAILS

Location, form, and plan of any trails other than natural wildlife paths shall be specified in the management plan and conform to the objectives of the natural area. Trails shall be adequate to provide for permitted use of a natural area and to prevent erosion, trampling of vegetation, and other deterioration, but otherwise shall be kept to a minimum. Use of tread materials, footbridges, and elevated walks is permissible when necessary and provided for in the management plan. Trail development in natural areas is limited to foot trails and foot bridges. Only low impact recreation associated with hiking is permitted on foot trails. An exception may be granted for county or municipal owned natural areas where bicycling was expressly permitted prior to designation, provided that it is mentioned as a deviation in the management plan, as provided in Rules 0400-02-08-.05 and 0400-02-08-.30.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.14 OTHER STRUCTURES AND IMPROVEMENTS

Necessary signs, trash receptacles, and similar structures are permitted if provided for in the management plan or in a permit for scientific research activities. All structures and service facilities shall be located in specified areas only. Signs and structures shall conform to such style and standards as the Commissioner may establish.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.15 BUFFER AREAS

Buffer areas may be established adjacent to or within natural areas when deemed appropriate to eliminate the adverse effects of external influences. Such buffer areas may be devoted to uses other than nature preservation that do not adversely affect the natural area. Buffer areas may be controlled by ownership, easement, cooperative agreement, or other appropriate means. Criteria for buffer areas shall be included in the management plan. Management of a buffer area shall be in accordance with guidelines and provisions in the Natural Areas Preservation Act of 1971, T.C.A §§ 11-14-101 et seq.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.16 SERVICE AREAS

Service areas may be established within buffer areas to provide access and parking, management facilities, and visitor facilities. Provisions for service areas shall be included in the management plan.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.17 SCENIC AND LANDSCAPE MANAGEMENT

(1) No measures shall be taken to alter natural growth or features for the purpose of enhancing the beauty, neatness, or amenities of a natural area.

(2) Except as provided in the management plan, in a natural area there shall be no:

(a) Cutting of grass, brush, or other vegetation;

(b) Thinning of trees;

(d) Opening of scenic vistas; or (e) Planting.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-02-.33 .

(9) “FAA” means the Federal Aviation Administration, or its successor agency.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.18 VISITOR SAFETY

Guardrails, fences, steps, and other devices necessary for visitor safety may be installed as provided in the management plan.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.19 REMOVAL OR INTRODUCTION OF OBJECTS

Except as provided in the management plan, there shall be no removal of any natural material, product, or object from a natural area. A Scientific Research and Collecting permit is required for collecting in all natural areas. (See Rule 0400-02-08-.28.) No natural or man-made object that could endanger or detract from the natural characteristics of the natural area may be introduced to the natural area.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.20 WATER LEVEL CONTROL

Natural water levels shall not be altered. Water levels that have been altered by human activity may be changed if provided for in the management plan as essential for the restoratio n, safety, management, or maintenance of the natural area.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.21 FIRE CONTROL

All wildfires within a natural area shall be brought under control as quickly as possible. After a fire within a natural area there shall be no cleanup, fire hazard reduction, or replanting except with the approval of the Commissioner. Any special procedures and methods to be used for prevention and control of fire shall be included in the management plan.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.22 EROSION CONTROL

Erosion and soil deposition due to past or present disturbance by human activity or natural conditions within the natural area may be controlled in accordance with provisions of the management plan.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.23 VEGETATION AND WILDLIFE MANAGEMENT

(1) Management of Rare or Unusual Plants and Animal Species.

(a) Control of plant succession and habitat shall be undertaken only if restoration or preservation of a particular vegetative type, or preservation of a rare species of native flora or fauna, is designated in the management plan as an objective of the natural area.

(b) Control measures must be undertaken only with adequate prior observation and study of the natural areas and only with adequate scientific evidence of necessity. Control measures shall be followed by adequate observation and study of results. The Tennessee Wildlife Resources Agency shall be consulted in matters of management or control of wildlife populations.

(2) Control of Exotic Species. Control of exotic species may be undertaken as provided in the management plan. No introduction of non-indigenous species is allowed except if the introduced species is used to control damaging pests. The Tennessee Wildlife Resources Agency shall be consulted in matters of management or control of wildlife populations.

(3) Control of Native Populations. There shall be no action to increase or reduce populations of native plants or animals or to restrict movement of wildlife across boundaries of a natural area except as provided in the management plan. The Tennessee Wildlife Resources Agency shall be consulted in matters of management or control of wildlife populations.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.24 USE

(1) Use of natural areas shall be allowed only to such extent and in such manner as will not impair natural conditions. To the extent possible, the management plan shall define the use of each portion of the natural area and specify the controls and restrictions to be placed on access and use. The manager shall monitor conditions under which use will result in deterioration of the natural area and shall have the authority to further restrict access and use as necessary to protect the natural area. (See Rule 0400-02-08-.25.)

(2) Visitor activities that are not compatible with the preservation of the natural character of each natural area shall not be permitted.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; 11-14-104; and 11-14-106.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.25 NATURAL ENVIRONMENT ZONE

(1) Each natural area may be divided into Natural Environment Zones according to degree of development within the respective Natural Environmental Zones. Visitor presence and use may be specified for each Natural Environmental Zone.

(2) In establishing Natural Environmental Zones, consideration shall be given to the natural features and characteristics of the resource and to the objectives of the natural area as stated in the management plan.

(3) Natural areas are classified by default as natural environment predominates (Natural Environmental Zone 2). Delineation of any part of a natural area as any other Natural Environmental Zone shall be referenced in the management plan.

(4) Classification of Natural Environment Zones.

ZONE DESCRIPTION AND PRIMARY USE 1 Unmodified area containing unique natural characteristics is predominant.

Primary use is research. Permit required for utilization. 2 Natural environment predominates. Day use passive recreation experience is emphasized. Primary visitor uses are hiking and observation. 3 Slightly modified natural environment discernible. Man-made structures are minimal. Primary visitor uses are hiking, observation, and camping. 4 Modified natural environment evident. Visitor centers, staff residences, picnic, parking, and sanitary facilities are permitted.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.26 ACCESS CONTROL

Ingress and egress shall be allowed only at such locations and under such conditions as may be specified in the management plan. (See Rule 0400-02-08-.24 and Rule 0400-02-08-.12.)

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.27 ORIENTATION AND GUIDANCE OF VISITORS

There may be an interpretive program within each natural area for the orientation, education, and guidance of visitors. Exhibits, programs, and printed materials as well as guide service, interpretive programs, and labeled nature trails may be provided within the natural area. The overall interpretive program shall conform to the criteria in the management plan and to such additional general or special rules as the Commissioner may establish.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.28 SPECIAL USE OF AREAS

(1) A person wishing to engage in research or educational activities in a natural area not otherwise permitted by these rules or in the management plan for the natural area shall secure a permit from the Commissioner. If the activities are to be carried on by a group, a special use permit may be issued to the group leader who shall be responsible for the actions of the group.

(a) Educational Permits.

This permit shall provide adequate information about the applicant and his or her educational activities, including:

(i) The name, address, position, professional qualifications, and general field of interest of the applicant; and (ii) A description of the educational activities including:

(I) The objective, methods, and procedures to be followed;

(II) Records to be kept;

(III) Duration of the project;

(IV) Areas to be visited;

(V) Frequency and length of visits; and (VI) Detailed description of disturbances to be made.

Educational permits shall be required in Natural Environment Zone 1 and other areas that may be designated in the management plan. (See Rule 0400-02-08- .25)

(b) Scientific Research and Collecting Permits.

This permit shall provide adequate information about the applicant and his or her research activities, including:

(i) The name, address, position, professional qualifications, and general field of interest of the applicant; and (ii) A description of the activities, including:

(I) The objective, methods, and procedures to be followed;

(II) Records to be kept;

(III) Duration of the project;

(IV) Areas to be visited;

(V) Frequency and length of visits; and (VI) Detailed description of disturbances to be made.

Scientific Research and Collecting permits may be issued to an individual or individuals for the purpose of collection of biological, geological, or archaeological materials in natural areas. Permits shall be issued on the basis that the applicant agrees to adhere to these rules concerning natural areas.
Applicants who are granted permission to conduct research or collect in natural areas must submit written yearly reports of their research to the Commissioner after the application is approved. The collection data must be available to the public at all times for the purpose of scientific research and to be made part of the natural area’s management plan.
The application must specify information concerning the species or objects to be taken, numbers of species, method of taking, and disposition of specimens. A Scientific Research and Collecting permit shall be required for activities conducted in any part of a natural area. Any permit that may be required by another agency must be obtained prior to research or collecting in natural areas.
Specimens collected for curation shall be deposited in a publicly accessible institution.

A permit for the use of fire in a natural area shall be required for areas designated by the management plan as Natural Environment Zones 1 and 2. In Natural Environmental Zones 3 and 4 a fire permit is not necessary but shall be restricted to designated areas.

(d) Unmanned Aircraft System Permits.

All flights of unmanned aircraft systems (UAS) in a natural area shall be conducted and permitted according to the requirements outlined in Rule 0400-02-02-.33. For natural areas without a full-time manager, the Program Administrator shall serve as the manager for purposes of UAS operations in those natural areas.

(2) General Information Concerning Permits.

(a) A permit shall be valid for no longer than one year but may be renewed if a completed request for renewal on the form required by the Commissioner is received prior to the expiration of a permit. If no request for renewal is received prior to the expiration of an existing permit, then the permit holder shall file an application for a new permit.

(b) The Commissioner may modify, suspend, revoke, refuse to issue, or refuse to renew a permit at any time. Reasons for such action include, but are not limited to:

Violation of any rule, law, term or condition of a permit, or order of the Department or Commissioner;
Violation of the terms or conditions of any current or previously-issued permit issued by the Commissioner;
Allowing the activity under the permit will create an unreasonable threat to a natural area or the health or safety of the public;
The permit holder does not intend to comply with, or cannot comply with, any terms, conditions, or requirements of the permit, including compliance with all required laws and rules; or 5. Issuance, renewal, or continuation of the permit is not in the best interest of any natural area.

Required reporting may include, but not be limited to, reporting before commencing and/or upon completing permitted activities.

(3) For the purposes of this rule, unless context otherwise requires, “permit” means an Educational permit, a Scientific Research and Collecting permit, or a Fire permit issued pursuant to this rule. A permit issued under this rule only constitutes temporary, terminable permission to engage in the permitted activity and is not intended to create any ongoing right to engage in any activity.

(4) The Commissioner may, prior to the issuance or renewal of any permit, require a permit applicant to pay (in the form of a credit card, cash, certified check, or money order made payable to the Department) an amount determined by the Commissioner to be the reasonable anticipated costs sufficient to cover costs incurred by the Department in processing the permit application and overseeing the permitted activity as determined by the specific facts and circumstances of that permit. Upon request, the Commissioner shall provide a written breakdown of the anticipated costs. Nothing in this paragraph shall require the Commissioner to charge any costs for the issuance or renewal of a permit if the Commissioner determines that the permit may be issued and overseen without substantial cost to the Department.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.29 MANAGEMENT RESEARCH

There shall be continuing studies of the general problems regarding the management of natural areas.

Appropriate action shall be taken by the manager to alleviate problems determined by these studies and to enhance preservation of the natural area.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.30 RECORD

Records shall be retained for each natural area. Records may include annual reports of the manager as provided in Rule 0400-02-08-.07 and all other pertinent documentary material, studies, reports, obsolete portions of the management plan, Scientific Research and Collecting permits, and descriptions of significant events. The form and content of the record shall be as the Commissioner may establish.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal and new rule filed September 16, 2013; effective December 15, 2013. Amendments filed January 11, 2021; effective April 11, 2021.

Tenn. Comp. R. & Regs. 0400-02-08-.31 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal filed September 16, 2013; effective December 15, 2013.

Tenn. Comp. R. & Regs. 0400-02-08-.32 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal filed September 16, 2013; effective December 15, 2013.

Tenn. Comp. R. & Regs. 0400-02-08-.33 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; 11-13-106; and 11-14-104.
Administrative History: Original rule filed June 7, 1974; effective July 7, 1974. Repeal filed September 16, 2013; effective December 15, 2013.

Chapter 0400-02-09 Management of Tennessee Archaeological Areas

Tenn. Comp. R. & Regs. 0400-02-09-.01 CULTURAL AREAS

Cultural areas contain archaeological, historical, and environmental features which are desirable for protection, interpretation, and educational enjoyment.

Because of an area’s past association with significant people and events of Tennessee, or its contribution to the appreciation and knowledge of the state’s archaeological heritage, these areas will be acquired and exhibited as components of the overall Tennessee Outdoor Recreational Area System (TORAS).

History

Authority: T.C.A. § 11-1501, 11-1508, 11-1510, 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.02 APPLICABILITY AND SCOPE

To assure the preservation of areas designated as Archaeological Areas throughout the facilities provided, the following rules and regulations governing public use are adopted under the following authority: Tennessee Code Annotated § 11-1501, § 11-1504, § 11-1505, § 11-1506, § 11-1508, and § 11-1512.

History

Authority: T.C.A. § 11-1501, 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.03 DEFINITIONS

(1) The following definitions shall apply to these regulations:

(a)The term “Artifact” shall mean all relics, specimens or objects of a historical, prehistorical, archaeological, or anthropological nature which may be found above or below the surface of the earth, and which have scientific or historic value as objects of antiquity, as aboriginal relics, or as archaeological specimens.

(b) The term “Site” shall mean any location of historic or prehistoric human activity such as, but not restricted to, mounds, forts, earthworks, burial grounds, structures, villages, mines, caves, and all locations which are or may be sources of paleontological remains.

(c) The term “Archaeological Area” shall mean the study of the traces of human culture, any land or water site by means of photographing, mapping, surveying, digging, sampling, excavating, and removing artifacts or other archaeological material or going on a site with that intent.

(d) The term “Field Archaeology” shall mean the Director of the Division of Archaeology who is authorized to initiate, operate, and maintain a statewide program in Archaeology.

History

Authority: T.C.A. Chapter 15, § 11-1505, 11-1506, 11-1512, 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.04 PENALTIES

Any violation of these rules of management of such properties will be subject to the following penalty:

(1) Unauthorized excavation-Misdemeanor-Title 1; Chapter 15, § 11-1505. The State of Tennessee reserves to itself the exclusive right and privilege of field archaeology or lands, institutions, and commissions in order to protect and preserve archaeological and scientific information matter and artifacts. No person or organization, including any other agents or agencies of the State of Tennessee, unless acting as a duly authorized agent of the Division of Archaeology shall excavate upon any site situated on lands owned or controlled by the State of Tennessee or any agency thereof. All artifacts, photographs and records obtained on state properties, or state controlled properties, shall remain the property of the State Division of Archaeology subject to the decision of the State Archaeologist and the Advisory Council, and shall be maintained in public repositories to be agreed upon. Any person, corporation, society, or organization conducting explorations or excavations upon lands owned or controlled by the State or any agency thereof without having first obtained a permit from the State Archaeologist shall be guilty of a misdemeanor.

(2) Defacement of Sites or Artifacts-Misdemeanor-Title I; Chapter 15, § 11-1506. In order that sites and artifacts on State owned or controlled land shall be protected for the benefit of the public, it is hereby made a misdemeanor for any person, natural or corporate, to write upon, carve upon, paint, deface mutilate, destroy, or otherwise injure any objects of antiquity, artifact, Indian painting, Indian carving, or sites and all such acts of vandalism shall be punished as misdemeanors according to provisions of this chapter.

(3) Violations-Penalties-Title I; Chapter 15, § 1512. All acts expressly declared herein to be illegal, prohibited or deemed misdemeanors shall, upon conviction of the person for engaging in the conduct thus prescribed, be punished as misdemeanors, and the person guilty thereof shall for each violation be fined not less than $50.00 nor more than $200.00 or imprisoned in the County jail for not less than 10 days or more than 6 months, or both.

History

Authority: T. C. A. § 4-317, 11-1505, 11-1506, 11-1512. Administrative History. Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.05 UTILIZATION

(1) There shall be written general development guidelines and/or a Master Plan for each archaeological area. The Department shall consult, through public information hearings, with citizens’ organizations as well as Federal, State, and Municipal agencies in preparation of these plans as much as possible.

(2) Management of each archaeological area shall be in accordance with these rules except for deviations as may be provided in the Master Plan for the particular area.

(3) Whenever it is required by development guidelines and/or the area Master Plan that there be a deviation from the files in the management of an archaeological area such deviation shall be set forth in detail, together with the reasons thereof, in the Master Plan. A deviation from these rules shall take effect only upon approval by the State Archaeologist, State Historic preservation officer, and the Commissioner of Conservation.

History

Authority: T.C.A.§ 4-317, 11-303.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.06 ADMINISTRATION AND CUSTODY

The form and method of administration and custody of each archaeological area shall be designated in the Master Plan. Each archaeological area shall have a manager who shall administer, manage, and protect the area in accordance with these rules and the Master Plan. The Master Plan shall designate an agency to manage the area and shall recommend whether or not an individual manager is needed full time in the area. (If not otherwise provided in the Master Plan, the owner of an archaeological area shall have custody.) In such TORAS areas where archaeological research facilities are proposed or included, there will be a professionally qualified archaeologist and staff assigned to the Division of Archaeology who will administer all archaeological research in each archaeological area. Archaeological resources, such as features and artifacts, shall also be under the custody and jurisdiction of the Division of Archaeology.

History

Authority: T. C. A. § 4-317, 11-1504,
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.07 INDUSTRIES

(1) Intrusions are those areas, structures or works of man than cause a negative impact upon the character of the archaeological area or the experience the area offers to its users.

(2) There shall be no development of structures, rights-of-way, or other land uses or facilities which do not conform with the purposes and definition of an archaeological area as specified in the respective acts or these rules for management except for intrusions that are permitted by the guidelines for development, as provided in Rule 0400—2—8—.05.

(3) Any environmental intrusion not necessary for the public use or well being or for the management of the area and which is of such nature that it can be excluded shall be so removed. This includes, but is not limited to, removing and revegetating roads, relocating power lines, removing buildings, dams, and trash dumps.

History

Authority: T.C.A. § 4-317, 11-1505, 11-1506.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.08 PUBLICITY

Information about Tennessee Archaeological areas and appropriate descriptive material shall be developed and made available to all interested persons. Publicity shall be avoided which would tend to induce the general public to visit an area, except to such extent as is compatible with the maximum desirable visitor use for the area as established by the Master Plan.

History

Authority: T.C.A. § 4-317, 11-1501.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.09 BOUNDARY MARKERS

Archaeological resources area boundaries shall be made clearly evident by placing survey monuments at corners or other strategic locations by posting boundary markers at intervals not less than 200 feet, except by fencing or other means. Boundary marker signs shall be as the Department may establish.

History

Authority: T.C.A. § 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.10 BOUNDARY FENCES

Necessary boundary fences and barriers may be installed as provided in the Master Plan. Generally they shall not be in a form that will create a detrimental effect on movement of wildlife, air circulation, other natural or aesthetic conditions, or cause public opposition.

History

Authority: T.C.A. § 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.11 ROADS

(1) Service Roads. Vehicular access lanes shall be installed and maintained within Archaeological Areas only where essential for patrol, fire control, or other management or research activities and in accordance with the Master Plan. Such lanes shall be closed to all except service and emergency vehicles. They shall provide a single track and clearing shall not extend more than seven feet on each side of the center of the lane. Existing roads no longer necessary for management purposes shall be treated as intrusions per 0400—2—9— .07.

(2) Public Access Roads.

(a) Public access roads will be installed and maintained only when needed to provide for visitor utilization of the area. Installation of these roads will be in accordance with rules 0400-2-9-.22. These roads will be constructed subject to the following criteria:

(b) Road development in all Archaeological Areas shall be limited to the minimum necessary to provide access for the maintenance and/or public use of the area. Roads shall be designed with extreme care and located with a concern for the archaeological resources.

(c) Roads in Archaeological Areas shall be constructed for design speed not to exceed twenty-five miles per hour. Excessive cuts and fills shall be avoided. The width of the roadways shall not exceed eighteen feet. Shoulders of the roadway shall not exceed one foot in width on each side. Two additional feet of shoulder will be allowed where guard rails are needed for safety purposes. The design of all structures – bridges, tunnels, grade separation devices, retaining walls – shall be aesthetically pleasing as well as functional. Grades of up to 10% shall be used where needed for short distances. Gravel surfaced roads shall be used when practical, in keeping with the primitive character of Archaeological Areas. Asphalt or concrete surfacing may be used where heavy use will make gravel surfacing impractical or when the safety of the visitor is involved.

(d) Careful attention shall be given to the impact that roads will have on archaeological features in the planning phase of Archaeological area development. Road construction will not be initiated if during this phase it is determined that the impact will be negative to the character of the area. The Division of Archaeology shall carefully weight such values as drainage, archaeological features, scenic features, noise levels, and stream flow as well as other natural characteristics of the area before determining whether a road is to be built. The exact route of the proposed road shall be inspected at the site to insure that all natural and archaeological features have been considered.

History

Authority: T.C.A. § 4-317, 11-1505, 11-1506, 11-1507.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.12 FIREBREAKS

Necessary boundary firebreaks shall be constructed in a buffer area outside the area. Firebreaks within an area shall be kept to a minimum and shall not exceed ten feet in width and shall be constructed only in accordance with the Master Plan.

History

Authority: T.C.A. § 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.13 TRAILS

Location, form, and plan of any trails, other than natural wildlife paths, shall be specified in the Master Plan and conform to the objectives of the Archaeological Area. Trails shall be adequate to prevent erosion, trampling of archaeological features, trampling of vegetation and other deterioration, but otherwise shall be kept to a minimum. Use of tread materials, footbridges, and elevated walks is permissible when necessary to protect archaeological features provided for in the Master Plan.

History

Authority: T.C.A. § 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.14 SIGNS

A signing system for each Archaeological Area will be specified in each Master Plan and developed per the guidelines of the T.O.R.A.S. signing program.

History

Authority: T.C.A. § 4-317, 11-1406, and 11-1704.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.15 OTHER STRUCTURES AND IMPROVEMENTS

Necessary signs, trash receptacles, and structures are permitted if provided for in the Master Plan or in a permit for research activities. All structures and service facilities shall be located in such styled, standards, and numbers as the Department and the Division of Archaeology may establish.

History

Authority: T.C.A. § 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.16 BUFFER AREAS

Buffer areas shall be established around Archaeological Areas wherever possible in order to eliminate the adverse effects of external influences. Such areas may be devoted to uses other than archaeological preservation which do not adversely effect the Archaeological Area. Buffer areas may be controlled by ownership, easement, cooperative agreement, and other appropriate means. Criteria for buffer areas shall be included in the Master Plan. Authorization is given for the establishment of buffer areas in Tennessee Code Annotated, § 11-1801 et seq.

History

Authority: T.C.A. § 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.17 SERVICE AREAS

Wherever possible, service areas should be established to provide access and parking, management facilities, and visitor facilities. Provisions for necessary service areas shall be included in the Master Plan.

History

Authority: T.C.A. § 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.18 SAFETY HAZARDS

Guardrails, fences, steps and other devices necessary for visitor safety shall be installed as provided in the Master Plan.

History

Authority: T.C.A. § 4-317. Administrative History. Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.19 REMOVAL OR INTRODUCTION OF OBJECTS

There shall be no removal of any archaeological materials, artifacts, or other related objects from an Archaeological Area. Collecting of artifacts will not be permitted unless authorized by the State Archaeologist through the issuance of a permit.

No natural or man-made object or feature that could endanger or detract from the archaeological characteristics of the Archaeological Area may be introduced to the area without approval of the State Archaeologist.

History

Authority: T.C.A. § 4-317. Administrative History. Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.20 WATER LEVEL CONTROL

Natural water levels shall not be altered. Water levels which have been altered by man may be changed if justified in the Master Plan as essential for the restoration, safety, management, and maintenance of the area.

History

Authority: T.C.A. § 4-317. Administrative History. Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.21 EROSION CONTROL

Erosion and soil deposition due to past or present disturbance by man or natural conditions within or outside of the area may be controlled in accordance with the provisions of the Master Plan.

History

Authority: T.C.A. § 4-317. Administrative History. Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.22 USE

(1) Use of areas shall be allowed only to such extent and in such manner as will not impair archaeological conditions nor endanger archaeological features. The Master Plan shall define the use of each portion of the Archaeological Area and specify the controls and restrictions to be placed on access and use. The manager will monitor conditions under which use will result in deterioration of the area and shall have the authority to further restrict access and use as necessary to protect the area.

(2) Visitor activities that are not compatible with the preservation of the natural and archaeological character of each archaeological area shall not be permitted.

History

Authority: T.C.A. §§ 11-1505, 11-1506, and 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.23 ARCHAEOLOGICAL ZONE

(1) Each Archaeological Area will be divided into Archaeological Zones according to the occurrence. distributions and uniqueness of archaeological and natural features within the respective areas. The nature and intensity of visitor utilization and land use win be specified for each zone.

(2) In establishing zones, Consideration will be given to archaeological features and characteristics of the resource and to the objectives of the Archaeological Area as stated in the Master Plan and Tennessee Antiquity Act.

(3) Classification of Archaeological Zones.

ZONEDESCRIPTION AND PRIMARY USE

RUndisturbed area containing artifact concentrations, mounds, and other archaeological features. Primary use is research. 1 Undisturbed area containing archaeological materials and features. Visitor interpretation services are emphasized. 2 Modified zone containing exhibited archaeological features such as mounds, reconstructed aboriginal features, etc. Visitor observation, interpretation and research emphasized. 3 Undisturbed open areas. No archaeological features or artifact concentrations. Areas to function as open space buffers. 4 No archaeological features or artifact concentrations. Modified natural environment dominant. Facilities and land use permitted that support intent and purpose of an Archaeological Area.

History

Authority: T.C.A. §§ 4-317, 11-303.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.24 ACCESS CONTROL

Ingress and egress shall be allowed only at such locations and under such conditions as may be specified in the Master Plan.

History

Authority: T.C.A. §§ 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.25 ORIENTATION AND GUIDANCE OF VISITORS

There shall be an interpretive program within each Archaeological Area for the orientation, education, and guidance of visitors. Exhibits, programs, and printed materials as well as guide service, interpretive programs and labeled trails and exterior exhibits will be provided within the area. The overall interpretive program shall conform to criteria in the Master Plan and to such general or special rules as the Division of Archaeology may establish.

History

Authority: T.C.A. §§ 11-1501, 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.26 SPECIAL USE OF AREAS

An individual, university or other professionally qualified institution or corporation wishing to engage in research activities in an Archaeological Area not otherwise permitted by these rules shall secure a permit approved and issued by the Division of Archaeology. This permit will be valid only on land that is owned or otherwise controlled by the State.

(1) Archaeological Permits.

(a) Archaeological permits will be required on all excavations and collecting 'Within archaeological zones and other areas that may be designated in the Master Plan.

Written application must be completed by the applicant and approved by the State Archaeologist in order to obtain a permit.

(2) There shall he no collecting or excavation of artifacts from Archaeological Areas except as permitted in a valid Research Project operating under permits as described in Section 11 “a” above.

(a) The Archaeological permit application shall provide adequate information about the applicant and his educational activities. There will be included the name, address, position, professional qualifications, and general field specialty of the applicant and a description of the archaeological activities, including the objective, methods, and procedures to be followed, records to be kept, duration of the project, areas to be excavated or collected and a detailed written report in publishable form, prepared, of the results of the study. All field records, photographs, and artifacts must be returned to the Division of Archaeology.

(b) A permit will be valid for a specified time, but may be renewable.

(d) A person (Principal Investigator) holding a permit will report to the Director of the Division of Archaeology before commencing and upon completing permitted activities.

History

Authority: T.C.A. §§ 11-1505, 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.27 MANAGEMENT RESEARCH

There shall be continuing studies of the general problems of managing Archaeological Areas. Appropriate action will be taken by the manager to alleviate problems determined by these studies. The overall goal of preservation of the Archaeological Area will be the main influence of the type and scope of any action taken.

History

Authority: T.C.A. § 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.28 MASTER PLAN

(1) Responsibility for preparation and revision of the Master Plan for each Archaeological Area shall rest with the Director of the Division of Archaeology with the approval of the Commissioner of Conservation. Representatives of administering agencies, private organizations and other interested groups or individuals may participate in the formulation and revision of Master Plans. Requests for such participation must be submitted in writing to the Director of the Division of Archaeology.

(2) The Master Plan for each Archaeological Area and revisions thereto shall take effect upon approval by the Commissioner of the Department of Conservation. A deviation from these rules shall take effect only as provided in Rule 04-00—2—8—.05. An up-to-date copy of each Master Plan shall be held by the Director of the Division of Archaeology, the Department of Conservation, and the operational agency. These copies shall be available for public inspection during regular business hours as provided by law.

History

Authority: T.C.A. §§ 4-317, 11-303.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Tenn. Comp. R. & Regs. 0400-02-09-.29 RECORD

Records shall be prepared for each Archaeological Resource Area. One copy shall be retained by the managing agency and one copy by the Division of Archaeology. Records shall include annual reports of the manager and all other pertinent documentary material, studies, reports, obsolete portions of the Master Plan, research and research permits, and descriptions of significant events.

The form and content of the record shall be as the Department may establish. Responsibility for assembling the record shall be designated in the Master Plan.

History

Authority: T.C.A. § 4-317.
Administrative History: Original Rule filed April 10, 1979, effective July 30, 1979.

Chapter 0400-02-10 Requirements for Conducting Rafting Services - Ocoee River

Tenn. Comp. R. & Regs. 0400-02-10-.01 PURPOSE

(1) To provide information to the authorized Commercial Operator whereby he shall have full knowledge of Department of Environment and Conservation, Division of State Parks requirements, intentions, rules and regulations.

(2) To provide the Department with an effective means to manage commercial use that may infringe on the outdoor recreation opportunities of others.

(3) To preserve the scenic and recreational values of the river and the integrity of publicly-owned land (State, TVA, and U.S. Forest Service) contiguous to the river, and natural resources within the area.

(4) To preserve the integrity of the park facilities that boaters may come in contact with.

(5) To provide for the maximum safety of the public.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.02 RAFT, INFLATABLE BOATS, KAYAKS AND CANOE REQUIREMENTS FOR

COMMERCIAL OPERATORS.

Rafts, Inflatable Boats, Kayaks and Canoes (hereinafter known as ‘‘craft’’ unless otherwise specifically designated)

(1) Each raft must contain at least three (3) separate inflatable compartments.

(2) Each inflatable craft must be constructed of a tough rubberized fabric, or its equal, capable of repeated daily abrasion and abuse on a class III/IV river. Single thickness non-reinforced vinyl or other poorly or cheaply constructed rafts, canoes and kayaks are prohibited for use in commercial operations.

(3) Each raft must be of ‘‘4-man’’ size or larger. Each raft must be at least 11’ in length and 5’ wide.

(4) All kayaks, canoes or funyaks must have flotation such that the craft has positive buoyancy in still water when filled with water and occupied by the number of persons for which the craft is designed in white water usage.

(5) All commercial watercraft must meet or exceed the safety recommendations of the American White Water Affiliations, ‘‘Safety Code’’ of 1977, as revised from time to time.

(6) Each craft must be maintained in a reasonable operating condition for its intended use. Each craft shall be inspected after each trip for damage such as punctures, tears and excessive abrasions and wear which materially affect the structural integrity of the craft. If such damage is found, repairs must be made to the craft before it can be used for commercial boating purposes on the river.

(7) No tubes or tube-like crafts shall be allowed.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.03 PERSONAL SAFETY EQUIPMENT AND DEVICES

(1) Commercial Operators shall require each customer to properly wear a Type V U.S. Coast Guard approved personal flotation device (PFD) of appropriate size, while on or in the river.

(2) Each personal flotation device must be inspected prior to each issuance. Personal flotation devices must be removed from service immediately and repaired or disposed of if:

(a) the PFD becomes water logged;

(b) the PFD is damaged such that it can no longer be worn or attached to the user as originally intended by the manufacturer; and/or (c) the device is of such age or worn condition that the fabric, flotation material, webbing, fastening devices, etc., can no longer be reasonably expected to withstand the ordinary forces expected to be encountered in the normal course of customer usage on the river.

(3) Commercial Operators shall require all passengers and guides, in inflatable rafts, kayaks or canoes, to wear an appropriate helmet in addition to an approved personal flotation device, while on or in the river.

(4) All equipment including rafts, PFD’s, paddles, shall be subject to inspection by any authorized representative of the Division at any reasonable time, including but not limited to times when the equipment is in use on or about the river and equipment deemed to be in an unsafe condition by the above representative must be immediately repaired or removed from service.

(5) One (1) or more buoyant heaving line, 3/8’’ diameter and at least fifty (50) feet in length shall be carried on each trip.

(6) The Commercial Operator shall provide one (1) waterproof First Aid Kit for each trip of eight (8) craft or less, two (2) First Aid Kits for each trip of more than eight (8) craft. Each kit shall contain at least the following items:

(a) Semi-rigid or rigid splints for immobilization of fractures (b) Emergency space blanket, shock blanket or equivalent (c) Triangular bandages (d) Ace bandages (e) Quick cold packs (f) Gauze compresses at least 2 x 2 or larger (g) Roller gauze 2’’- up (h) Box of Band-aids 3/4’’- up (i) Butterfly band-aid (j) Safety Pins (k) Sting Swaps (l) Adhesive Tape (m) Antiseptic solution for cleaning, or moist sterile towelettes (n) Scissors (o) Tweezers (p) Tongue Depressors (Finger splints)

(q) Knife (r) Sun Screen (s) Sanitary Napkins (for compress)

(t) Eye Patches (u) Tie strips for splints (v) Pad for splints (w) Gloves (x) Biohazard Bag (y) CPR Mask (7) Passengers on trips shall be at least twelve (12) years of age.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed May 12, 1988; effective August 29, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.04 TRANSPORTATION

(1) The Commercial Operator shall restrict all parking of vehicles to areas approved by the Division and shall comply with all rules of the road.

(2) The Commercial Operator shall comply with the Department of Safety Rules and Regulations regarding the transportation of passengers.

(3) The Commercial Operator shall comply with the Department of Safety Rules and Regulations regarding commercial vehicles.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.05 GUIDES AND GUIDE TRAINEES

(1) All guides and guide trainees shall be at least 18 years of age.

(2) A minimum of one guide per trip shall have completed the American Red Cross Advanced First Aid Course, or an approved equivalent course, be qualified in C.P.R., and hold currently validated certificates.

(3) All guides shall have completed an American Red Cross or American Heart Association C.P.R. course, a basic multi-media first aid course and possess current valid certificates, or the equivalent as approved by the Division.

(4) Those guides which act as trip leaders (Commercial Operator’s principle representative for a given trip) must have at least one season’s experience as a guide on the Ocoee or a river similar in difficulty to the Ocoee.

(5) Copies of certifications required in paragraphs (2) and (3) of this rule, a photocopy of each guide’s driver’s license and a guide trainee list, shall be provided to the Park Manager upon request and filed in the Commercial Operator’s place of business and continually updated throughout the season.

(6) There shall be one guide or guide trainee per craft. No more than 25% of the crafts on a commercial trip shall have guide trainees controlling the craft for the entire trip.

(7) All guides shall be instructed by the Commercial Operator in safety and emergency techniques such as handling throwlines and other means of river rescue and equipment management techniques.

(8) Commercial Operator(s) shall cause all guides and guide trainees, to become knowledgeable with State Park and U.S. Forest Service Rules and Regulations; a copy of such rules and regulations shall be given to each guide or guide trainee.

(9) It shall be the responsibility of each Commercial Operator to instruct all guides or guide trainees as to the availability of emergency aid and/or assistance such as nearest ambulance, fire department, State Police, state park personnel, doctors and hospital(s).

(10) Every guide trainee must have all employee paperwork on file, including current CPR certification or dates of enrolled CPR classes.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.06 SAFETY PROCEDURES

(1) The Commercial Operator shall enforce all safety measures outlined in these requirements dealing with condition and quality of equipment, training and conduct of guides and occupants.

(2) The Commercial Operator shall conduct a white water safety seminar for all passengers to include at least the following topics:

(a) Description of the river and rapids;

(b) Equipment;

(e) Danger of strainers.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.07 OBEYANCE OF LAWS, RULES AND REGULATIONS, LICENSE REQUIREMENTS

AND CONDITIONS.

(1) The Commercial Operator shall abide by all federal, state and/or local laws, rules and regulations including those pertaining to commercial boating and those of the Tennessee Department of Conservation, the U.S. Forest Service and the Tennessee Valley Authority.

(2) The Commercial Operators, in the exercise of privileges granted under license agreement with TVA shall require that its (his/her) employees, agents, sublessees, contractors, subcontractors and their employees abide by and comply with all of TVA’s conditions and requirements.

(3) The Commercial Operator shall pay full balance of all fees owed by the annual pre-season public meeting on the First Tuesday of March.

(4) The Commercial Operator shall provide the State the information required, including but not limited to, “cap” numbers and accident reports.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.08 TERMINATION

(1) Upon violation of any regulation herein by the Commercial Operator, its guide(s), guide trainee(s), its employee(s) and/or agents, the Division may cause the Commercial Operator to cease and terminate any and all river operation(s) by one of the following procedures:

(a) If the violation is of such a degree that it may cause loss of life and/or damage to person or property, including damage to the river and/or the land contiguous to the river, the Division may, at its sole discretion, upon written notice to the Commercial Operator demand and require that the Commercial Operator terminate and cease any and all river operations until the Commercial Operator has satisfactorily demonstrated to the Division that such violation has been corrected.

(b) If the violation does not cause an immediate danger to life or property:

The Division shall give to the Commercial Operator, written notice specifying the particulars of the alleged unsatisfactory performance.
Not less than fifteen (15) days after receipt by the Commercial Operator of such notice, the Division shall grant to the Commercial Operator an opportunity to be heard upon the charges.
Following such opportunity to be heard, the Division shall, at is sole discretion, determine whether there has been a violation.
If the Division decides that there has been a violation of the regulations, it shall give to the Commercial Operator written notice of such decision, specifying the particulars thereof.
All hearings conducted under this rule shall be in accordance with the Uniform Administrative Procedures Act, T.C.A. §4-5-301, et seq.
If the Commercial Operator fails or refuses to remedy such violation within such reasonable period of time as may be fixed by the Division, the Division shall request that TVA terminate the Commercial Operator’s permit upon such date or upon contingency as it may deem proper to protect the public interest.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.09 COOPERATION WITH PARKS

(1) The Commercial Operator shall not cause any environmental damage to the river and/or river corridor and shall accomplish prompt clean-up and policing of litter generated by employees or guests as integral parts of his daily float trips.

(2) The Commercial Operator shall not allow any glass containers, aluminum drink cans or styrofoam containers of any kind on the river.

(3) The Commercial Operator shall, in cooperation with the park manager, instruct his guides so that they may properly inform passengers of the Ocoee River State Park facilities, U.S.

Forest Service property, local history and natural features along their route of travel on the Ocoee River.

(4) The Commercial Operator shall hold the Department harmless and indemnify Department from any and all liability for personal injuries, property damage or for loss of life, or property suffered or sustained by the Commercial Operator, its members, its agents and employees, its licensees, invitees and guests resulting from, or in any way connected with, the use of water(s)/land(s) of the Ocoee River State Recreation Area.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.10 NOTIFICATION OF ACCIDENTS OR CASUALTIES

(1) The Commercial Operator shall report to the Park Manager (P.O. Box 5, Delano, TN 37325), by use of accident form, any and all accidents or casualties resulting in loss of life, personal injury requiring a physician’s attention or property damage in excess of $200.00. Notification must be hand delivered or faxed within forty-eight (48) hours of said incident. The Division in turn will notify TVA.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.11 SCHEDULING AND CARRYING CAPACITY

(1) The Commercial Operators may prepare a proposed schedule assigning the times each Commercial Operator shall schedule daily trips for the forthcoming season. The proposed schedule shall be based on the Recreational Water Release Days and Times as determined by TVA. It shall include the schedule for all Commercial Operators licensed by TVA for the forthcoming year. A proposed schedule must be presented to the Department, and shall be open for discussion, at the annual preseason public meeting on the first Tuesday of March each year. The proposed schedule shall be utilized until a final schedule is issued by the Department. The Department shall review the proposed schedule and may approve it as presented, review the proposed schedule or reject the proposal and assign schedule times, as necessary, to optimize recreational opportunities, protect the whitewater resource and insure public safety. If a proposed schedule is not submitted, the Department shall schedule the daily trips. The Department shall announce (issue) a final schedule by April 15, of each year. The department may also, in its discretion, limit commercial use of the Ocoee on an emergency basis.

(2) The daily commercial carrying capacity for the middle Ocoee River Recreational Area (the area of the river between the Rogers Branch Put-In and the Caney Creek Take-Out) shall be 4,000 commercial customers for those day(s) for which the commercial usage during the last season exceeded 4,000 customers. Days which were capped for the last season will be capped for the next season unless the commercial usage on the "cap" day during the last season fell below 3,800 customers. The commercial "cap" is established in order to optimize recreational opportunities for all classes of users (private paddlers as well as commercial customers), to protect the recreational whitewater resource, and to insure public safety. The Department shall announce the "cap" days for the upcoming season at the annual postseason public meeting on the second Tuesday of October of each year.

(3) The Commercial Operators, utilizing a methodology acceptable to the Department, may allocate the commercial use for the "cap" days for the upcoming season. The allocation shall be based on a maximum of 4,000 commercial customers. The proposed allocation shall be presented by the Commercial Operators to the Department, and open for discussion, at the annual pre-season public meeting on the first Tuesday of March. The Department shall review the proposed allocation and may approve it as presented, revise it or reject the proposal and allocate the commercial carrying capacity among the commercial operators, as necessary, to optimize recreational opportunities, protect the whitewater resource and insure public safety. If an allocation is not submitted, the Department shall allocate the commercial customers. The Department shall utilize the "historical use" method in allocating the commercial capacity among the commercial operators. The "historical use" method shall be based on each commercial operator's daily customers totals from at least two prior seasons.

The historical use allocation methodology shall be determined as follows: Each commercial operator's largest daily customer total from at least two prior seasons is summed. If the sum exceeds 4,000, each commercial operator's next largest daily customer total is averaged with that operator's largest daily customer total. The average for each commercial operator are summed. If this sum exceed 4,000, each commercial operator's next largest daily customer total is averaged in until the sum of the averages for all commercial operators falls below 4,000. Each commercial operator's average becomes that commercial operator's allocation of commercial customers on "cap" day(s). Each commercial operator is allowed 15% of its allocation as overage to allow for no-shows and cancellations. For purposes of this allocation calculation, operations owned by the same person, association, corporation or political subdivision of the state under separate licenses shall be consolidated and considered to be a single commercial operator. The final commercial "cap" day(s) allocation shall be announced by the Department on or before April 15 of each year.

(4) The Commercial Operator must use the CAP Exchange form on “cap” days if their company is going over their allotted “cap”. The form must be faxed into the Park Office prior to the trip(s) causing the Operator to exceed the allotted “cap”.

(5) Each Commercial Operator shall not use more than twelve (12) rafts or carry more than one hundred (100) customers per time slot without prior approval from the Park Manager or Park Ranger in charge of the recreational use of the Middle Ocoee River Recreational Area.

Commercial Operators shall adhere to the final daily trip schedule, or on "cap" days the final commercial use "cap" day allocation, at all times.

(6) Each raft shall not have more than seven (7) customers or guide trainees, in addition to one (1) guide.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed May 13, 1994, effective July 27, 1994. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.12 PENALTIES

(1) Any violation of these rules and regulations shall be a misdemeanor and punishable under the general laws relating to misdemeanors.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.13 ORGANIZED GROUPS AND PRIVATE BOATERS

(1) While on the river, all noncommercial boaters whether organized groups or private individual boaters shall wear a personal flotation device of appropriate size which meets the following:

(a) The Coastguard approved bouyancy jacket must be made of nonabsorbent flotation materials equally distributed front and back, in jacket or vest worn about the upper torso. It must have bouyancy sufficient to float a 6 kg legalized lead weight and should be designed to keep a conscious person face up in the water. It must be Coastguard approved.

(2) All noncommercial boaters whether organized groups or private individual boaters shall not carry any glass containers, aluminum drink cans or styrofoam containers of any kind on the river.

(3) All noncommercial organized groups, paddle clubs or universities shall have with them at all times club rosters and identifications. These groups shall provide this information upon request.

(4) No tubes or tube like crafts shall be allowed.

(5) Violation of paragraphs (1) through (4) of this rule, shall be a misdemeanor and punishable under the general laws relating to misdemeanors.

History

Authority: T.C.A. §§4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
Administrative History: Original rule filed February 25, 1988; effective April 10, 1988. Amendment filed June 14, 2010; effective September 12, 2010.

Tenn. Comp. R. & Regs. 0400-02-10-.14 PETS IN THE OCOEE RIVER RECREATION AREA

(1) Animals left un-attended in vehicles, tied to the bumpers of vehicles or tied to stationary objects are subject to Tennessee Animal Cruelty Laws T.C.A. §§ 39-14-202 and 39-14-212.

History

Authority: T.C.A. §§ 4-3-504 and 11-1-108.
Administrative History: Original rule filed June 14, 2010; effective September 12, 2010.

Chapter 0400-02-13 Commercial Use Authorizations

Tenn. Comp. R. & Regs. 0400-02-13-.01 DEFINITIONS

“Applicant” means a person applying to receive or renew a commercial use authorization from the Commissioner.

“Commercial park activity” means any activity involving any commercial or business purpose within a state park that may impact park facilities, park visitors, or park staff, including, but not limited to, any recreational activity in a state park that is packaged and sold as a service by an organization or individual, other than the Department. Commercial park activity does not include commercial whitewater outfitter services subject to Chapter 0400-02-10.

“Commercial use authorization” means an authorization issued by the Commissioner to a person to engage in commercial park activity.

“Commissioner” means the Commissioner of the Department of Environment and Conservation or the Commissioner’s authorized representative.

“Department” means the Department of Environment and Conservation.

“Director” means the Director of State Park Operations for Tennessee State Parks or the Director’s designee.

“Gross revenue” means the entire amount of the actual sales price, whether for cash or other consideration, of all commercial park activities occurring within parks authorized by a commercial use authorization; all deposits not refunded to purchasers; and any money retained after a guest cancels or does not fulfill a scheduled commercial park activity and is not granted a refund.

“State park” or “park” means any land operated or managed by the Department pursuant to T.C.A. § 11-1- 108, including state parks and state natural areas.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.
Administrative History: Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective December 20, 2021.

Tenn. Comp. R. & Regs. 0400-02-13-.02 AUTHORIZATION REQUIREMENT AND APPLICATIONS

(1) No person shall engage in any commercial park activity without holding a current, valid commercial use authorization from the Commissioner authorizing such commercial park activity except in accordance with the terms of a special use permit issued pursuant to T.C.A. § 11-3-111(c), or as otherwise authorized in accordance with law.

(2) Any person who wishes to apply for a commercial use authorization shall file an application, accompanied by the required application fee, with the Commissioner that includes:

(a) The name of the applicant;

(b) The contact information, including phone number and email address for the applicant;

(d) The expected revenues from the commercial park activity per year;

(e) Proof of general liability insurance covering the commercial park activity in the amount of $1 million per occurrence with the State of Tennessee named as an additional insured, unless an alternate insurance amount is approved by the Commissioner based on the individual risk factors of the applicant’s commercial park activities;

(f) Proof of operation plans and emergency operation plans for the proposed commercial park activity;

(g) Proof that the applicant is qualified to provide the proposed commercial park activity, including but not limited to training for all staff that will participate in the commercial park activities;

(h) A statement of the expected group sizes, if applicable, and frequency of the commercial park activity;

(i) The state park or parks where the commercial park activity is proposed to occur;

(j) If the applicant is requesting a term longer than one year, the length of the term requested, how the applicant satisfies one or more of the criteria in subparagraph (5)(b) of this rule, information that supports why the applicant should be granted a longer term, and any other relevant information the applicant believes justifies a term greater than one year;

(k) If the person to whom the commercial use authorization is to be issued is an individual, general partnership, or other business entity where individuals hold the right to all or part of the commercial use authorization:

The names and Social Security Numbers of each such individual or general partner; and 2. For each such individual or general partner, an attestation and documentation complying with the requirements of the Eligibility Verification for Entitlements Act, codified at T.C.A. §§ 4-58-101 through 4-58-110;

(l) If the person to whom the commercial authorization is to be issued is a business entity other than those subject to subparagraph (j) of this paragraph, proof that the entity:

Holds a registration as a domestic or foreign business entity, as appropriate, in good standing with the Tennessee Secretary of State; and 2. Has obtained all permits and licenses, including business licenses, and paid all charges, fees, or taxes required by the State of Tennessee or its political subdivisions for the provision of the commercial park activity;

(m) A list of any conviction or entry of a plea of guilty by the applicant or, if the applicant is an entity, by any person that owns part or all of the applicant entity; and (n) Any other documentation or information reasonably requested by the Commissioner regarding the commercial park activity.

(3) The Commissioner may issue a commercial use authorization to the applicant upon determining that, in the Commissioner’s discretion, each proposed commercial park activity:

(a) Constitutes an appropriate use of the state park or parks;

(b) Will not exceed a park’s or parks’ capacity for conducting the commercial park activity based on other, existing commercial use authorizations to conduct substantially similar commercial park activities at that park or parks;

(c) Will have a minimal impact on park resources and values; and (d) Is consistent with the park purpose, management plans, policies, and all laws and rules.

(4) The Commissioner may, in the Commissioner’s discretion, deny an application for failure to meet all requirements listed in paragraph (3) of this rule or for any reason listed in Rule 0400- 02-13-.06. The decision of the Commissioner to deny an application is only subject to review pursuant to a petition for common law writ of certiorari.

(5) A commercial use authorization shall expire up to one year after its issuance on the last day of the month of issuance, except:

(a) As set out in subparagraph (7)(b) of this rule; or (b) Where the Commissioner determines, in the Commissioner’s sole discretion, that an applicant’s business model requires a longer term for one or more of the reasons listed in parts (1) through (3) of this subparagraph, the Commissioner may grant a term of up to five years.

The applicant’s business model requires substantial capital investments in facilities or equipment and a one-year term would not allow sufficient time to recover the applicant’s investment, thus disincentivizing the applicant and other potential applicants from entering the market and offering the proposed commercial park activity;
The applicant plans to apply for a loan from a financial institution and a longer permit term is required by the financial institution as part of its underwriting process; or 3. Based on the totality of the circumstances, a one-year term is not practical or will be detrimental to the applicant’s business in a way not described above but that will materially and negatively impact the applicant’s business or the applicant’s customers.

(6) If a commercial use authorization application is incomplete, the Commissioner shall notify the applicant and the applicant shall have 60 days to complete the application. If no attempt to complete the application is made by the applicant within the 60-day period then the application shall be closed and any application fee paid shall not be refunded. Nothing in this paragraph shall be construed to allow any person to complete an application after the expiration of a limited timeframe for applications, except pursuant to subparagraph (7)(b) of this rule.

(7) (a) In lieu of accepting rolling commercial use authorization applications at any park or parks, the Commissioner may establish a limited timeframe during which applicants must submit an application for a commercial use authorization in order to encourage efficiency in the Department’s administration of applications. Such a limited timeframe may be effective at one or more parks and different limited timeframes may be effective at different parks. The Commissioner shall make the application timeframes public by posting them on the Department’s website. The Commissioner may establish a single expiration date for all commercial use authorizations issued pursuant to the limited application timeframe. Renewals of existing commercial use authorizations pursuant to

Rule 0400-02-13-.08 not initially issued pursuant to this paragraph (7) shall not be subject to any limited application timeframe established under this subparagraph.

(b) If the Commissioner establishes a limited timeframe for applications pursuant to subparagraph (a) of this paragraph, the Commissioner may issue a commercial use authorization to a person who files a complete commercial use authorization application outside of the limited timeframe if the Commissioner determines that issuance of the commercial use authorization otherwise meets all requirements for the issuance of the commercial use authorization, is in the best interest of the park or parks where the commercial park activities are requested to occur, and the applicant demonstrates that application during the limited timeframe was impractical. If the Commissioner established a single expiration date as set out pursuant to subparagraph (a) of this paragraph, a commercial use authorization issued pursuant to this subparagraph shall have the same expiration as the commercial use authorizations issued pursuant to the most recent limited timeframe and, if applicable, the anniversary date(s) for the purposes of paragraph (1) of Rule 0400-02-13-.05 shall be the anniversary date(s) of the commercial use authorizations issued during the limited timeframe application process, but the application fee shall not be prorated.

(c) 1. If a limited timeframe is established for a park pursuant to subparagraph (a) of this paragraph and the demand for commercial use authorizations to conduct a certain commercial park activity or class of commercial park activities exceeds the park’s capacity for that activity, the Commissioner may establish that a limited number of new commercial use authorizations will be issued. If the Commissioner establishes a limited number of new commercial use authorizations to be issued to conduct a certain commercial park activity or class of commercial park activities, the Commissioner shall establish a system for determining which applicants will receive a commercial use authorization from among the pool of complete, valid applications received during the limited application timeframe. The Commissioner’s method shall utilize a scoring system that ranks applicants based on the information provided in their applications and may take an applicant’s prior experience conducting the relevant commercial park activity or class of commercial park activities at a park into account when scoring applications.

No application fee shall be refunded because an application was not chosen for a commercial use authorization pursuant to this subparagraph. Provided, however, that if the Commissioner decides to choose successful applicants using a qualifications-based scoring process under part 1. of this subparagraph after an application to engage in that commercial park activity or class of commercial park activities is received, the applicant shall be given the chance to withdraw that application and have the applicant’s application fee refunded by making such a request in writing within seven calendar days of the Commissioner sending written notification to the applicant of the intent to choose applicants using a qualificationsbased scoring process under part 1. of this subparagraph.
When the Commissioner has decided to choose applicants to receive a commercial use authorization to conduct a commercial park activity or class of commercial park activities in a park based on a qualifications-based scoring process under part 1. of this subparagraph, the Commissioner shall post notice of the Commissioner’s intent to do so, including the park where such commercial park activities will be restricted, the class of commercial park activities to be restricted, and the number of commercial use authorizations to be issued on the Department’s webpage.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.
Administrative History: Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective December 20, 2021.

Tenn. Comp. R. & Regs. 0400-02-13-.03 TERMS AND CONDITIONS

The Commissioner, in issuing a commercial use authorization under Rule 0400-02-13-.02, may place such terms and conditions on the authorized commercial park activity in light of the park or parks where the commercial park activity will occur relating to the safety and welfare of the visitors and protection of the resources. These requirements may include, but are not limited to, additional park plans, building site designs, additional insurance, limitations on the frequency of the commercial park activity, limitations on the number of persons that may be allowed to enter the park for the commercial park activity at a given time, or any other reasonably required terms and conditions.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.
Administrative History: Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective December 20, 2021.

Tenn. Comp. R. & Regs. 0400-02-13-.04 AMENDMENT OF AN EXISTING COMMERCIAL USE AUTHORIZATION

(1) A person shall only hold one commercial use authorization, which shall be amended as necessary to include all commercial park activities in which such person is engaging and all state parks where such activity will occur. To request an amendment to a commercial use authorization, a person shall file an amendment request, accompanied by the required amendment request fee, with the Commissioner that includes:

(a) The name of the applicant;

(b) The commercial park activity that is to be added or removed from the commercial use authorization;

(d) Proof of any additional operation plans and emergency operation plans for the proposed commercial park activity that is necessary because of the amendment;

(e) Proof that the applicant is qualified to provide the proposed commercial park activity, as amended, including but not limited to additional training for all staff that will participate in the proposed commercial park activity;

(f) A statement of the expected group size, if applicable, and frequency of commercial park activity, if changed by the proposed amendment;

(g) The state park or parks where the commercial park activity is proposed to occur, as amended; and (h) Any other documentation or information reasonably requested by the Commissioner regarding the commercial park activity, as requested to be amended.

(2) If the Commissioner determines, in the Commissioner’s discretion, that the proposed commercial park activity, as amended, is an appropriate use of the state park or parks; will have a minimal impact on park resources and values; and is consistent with the park purpose, management plans, policies, and all statutes and rules, the Commissioner may amend the existing commercial use authorization. An amendment to any existing commercial use authorization shall not change the expiration date or market fee reporting date of the commercial use authorization. The Commissioner may further deny any request to amend a commercial use authorization for any reason listed in Rule 0400-02-13-.06.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.
Administrative History: Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective December 20, 2021.

Tenn. Comp. R. & Regs. 0400-02-13-.05 MARKET FEES

(1) Within 60 days after each anniversary of the issuance of a commercial use authorization and the expiration date of a commercial use authorization, the person holding the commercial use authorization shall file with the Commissioner proof of all gross revenues from commercial park activities under this rule and pay all market fees owed under paragraph (3) or (4) of this rule based on those gross revenues for the year prior to that anniversary or expiration date, as appropriate. Such statement of gross revenue shall be broken down by commercial park activity and park.

(2) Any person holding a commercial use authorization shall permit the Commissioner to inspect all financial or other records related to the holder’s commercial park activities at any time to ascertain or audit the amount of market fees due under this rule.

(3) The market fee rate for a commercial use authorization shall be 3% of the gross receipts derived from commercial park activities unless an applicable alternative method has been established under paragraph (4) of this rule.

(4) In addition to or in lieu of the method set out in paragraph (3) of this rule, the Commissioner may approve of alternative method(s), including but not limited to a flat rate per customer, for calculating the market fee due for any commercial park activity if, in the Commissioner’s discretion, it is in the Department’s best interest to do so, by setting such fees in accordance with paragraph (2) of Rule 0400-01-01-.02. An alternative method of calculating market fees shall be available for commercial use authorizations issued after the effective date of the alternative method(s).

(5) In calculating the market fees owed under this rule, the person holding the commercial use authorization shall be given a single credit equal to the amount of the application fee paid for the commercial use authorization. However, no part of the application fee shall be refunded even if gross revenues do not result in market fees greater than the application fee. A credit for an application fee shall not be carried over to any future commercial use authorization or applied to any commercial use authorization other than the one for which it was paid. No credit shall be given for any other fee.

(6) No commercial use authorization shall be issued or renewed to any person who currently owes any fees required under this chapter unless arrangements for the payment of such fees have been made that are sufficient to the Commissioner.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.
Administrative History: Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective December 20, 2021.

Tenn. Comp. R. & Regs. 0400-02-13-.06 GROUNDS FOR REVOCATION, SUSPENSION, MODIFICATION, OR REFUSAL TO

ISSUE OR RENEW.

(1) The following acts by the holder of a commercial use authorization shall be violations of this

chapter and the Commissioner may revoke, suspend, modify, or refuse to issue or renew a commercial use authorization for one or more of the following reasons:

(a) Failure to abide by any term or condition of a commercial use authorization, including but not limited to failure to maintain required insurance;

(b) Providing any false, misleading, or deceptive information to the Commissioner regarding any matter, including the amount of market fees owed;

(c) Engaging in any false, fraudulent, or dishonest practices in the course of business, whether such practices are engaged in during the course of commercial park activity or otherwise;

(d) Failure to comply with any request for information from the Commissioner regarding the commercial park activity authorized under this chapter;

(e) Conducting any commercial park activity for which the person does not hold a commercial use authorization;

(f) Conducting any commercial park activity in any state park that the person’s commercial use authorization does not include;

(g) Engaging in any behavior that does not have a minimal impact on park resources and values and is not otherwise approved within a commercial use authorization;

(h) Engaging in any behavior that is not consistent with the park purpose, management plans, policies, and all laws and regulations;

(i) Failure to timely pay any fees owed under this chapter;

(j) Operating a commercial park activity in a manner that:

Is contrary to the purposes for which the natural, historic, recreational, and special use areas exist in a state park; or unreasonably impairs the atmosphere of peace and tranquility maintained in natural, historic, hospitality, recreational, or commemorative areas in a state park;
Unreasonably interferes with interpretive, visitor service, or other program activities, or with the administrative activities of a state park;
Substantially impairs the operation of public use facilities or services of state park concessioners or contractors;
Presents a clear and present danger to public health and safety; or 5. Results in significant conflict with other existing uses of a state park.

(k) A commercial park activity requested to be authorized is reasonably anticipated to be operated in a manner in violation of subparagraph (1)(j) of this rule; or (l) Conviction of or entry of a plea of guilty by any person holding a commercial use authorization of any felony or of a misdemeanor directly reflecting on such person’s fitness to conduct commercial park activities.

(2) A modification ordered under paragraph (1) of this rule may make any change to the commercial use authorization that could have been made at the issuance of the commercial use authorization, including, but not limited to, adding terms and conditions authorized by this

chapter, modifying the term of the commercial use authorization, changing state parks where the commercial park activity can be conducted, and altering the scope of the authorized commercial park activity.

(3) Any action by a person who owns part or all of a business entity that holds a commercial use authorization, including conviction of a crime, shall be imputed to the business entity holding the commercial use authorization.

(4) Any hearing to revoke, suspend, refuse to renew, or modify a commercial use authorization under this rule shall be conducted pursuant to the Uniform Administrative Procedures Act, (T.C.A. Title 4, Chapter 5, Parts 1 through 3).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.
Administrative History: Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective December 20, 2021.

Tenn. Comp. R. & Regs. 0400-02-13-.07 FEES

The Commissioner may set any fees the Commissioner determines are reasonably necessary for the administration of this chapter, including but not limited to an application fee, renewal fee, reissuance fee, and a commercial authorization permit amendment fee, by setting such fees in accordance with paragraph (2) of Rule 0400-01-01-.02.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.
Administrative History: Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective December 20, 2021.

Tenn. Comp. R. & Regs. 0400-02-13-.08 RENEWAL OF COMMERCIAL USE AUTHORIZATION

(1) Any person who holds a commercial use authorization issued under this chapter may renew a commercial use authorization by filing with the Commissioner a renewal application, accompanied by the required renewal fee, that includes:

(a) The name of the applicant;

(b) The contact information, including phone number and email address for the applicant;

(c) Proof of general liability insurance covering the commercial park activity in the amount of $1 million per occurrence with the State of Tennessee named as an additional insured, unless an alternate insurance amount is approved by the Commissioner based on the individual risk factors of the applicant’s commercial park activities;

(d) Any changes to the applicant’s operation plans and emergency operation plans for the proposed commercial park activity since the last time such plans were provided to the Commissioner;

(e) Any changes in qualification of the applicant to provide the proposed commercial park activity, including but not limited to training for all staff that will participate in the commercial park activities, since the last time such qualifications were provided to the Commissioner;

(f) Any change to the statement of the expected group sizes, if applicable, and frequency of the commercial park activity since the last time such information was provided to the Commissioner;

(g) If the person who is renewing the commercial authorization is a business entity other than an individual or general partnership, proof that the entity:

Holds a registration as a domestic or foreign business entity, as appropriate, in good standing with the Tennessee Secretary of State; and 2. Has obtained all permits and licenses, including business licenses, and paid all charges, fees, or taxes required by the State of Tennessee or its political subdivisions for the provision of the commercial park activity;

(h) A list of any conviction or entry of a plea of guilty by the applicant or, if the applicant is an entity, by any person that owns part or all of the applicant entity that has not previously been disclosed to the Commissioner;

(i) Whether the applicant is requesting the renewal term be the same as the expiring commercial use authorization’s term and, if not, the requested term length; and (j) Any other documentation or information reasonably requested by the Commissioner regarding the commercial park activity.

(2) Upon receipt of a complete renewal application with all required fees that is filed prior to the expiration of the commercial use authorization, the Commissioner shall renew a commercial use authorization, including one originally issued pursuant to a limited timeframe, unless the Commissioner refuses to renew the commercial use authorization pursuant to Rule 0400-02- 13-.06. Persons whose commercial use authorization has expired but who have filed a complete renewal application, including payment of all required fees, prior to the commercial use authorization becoming invalid pursuant to paragraph (3) of this rule may continue to operate under the terms of the expired commercial use authorization until the Commissioner either approves the application or there is a final refusal to renew the commercial use authorization pursuant to Rule 0400-02-13-.06. However, no person shall engage in any activity under a commercial use authorization while it is expired if the person’s application has not been submitted or is incomplete, including not having paid all required fees.

(3) If a person submits a complete renewal application, including all applicable fees, after the person’s commercial use authorization has expired but within 60 days of expiration, the Commissioner shall reissue the commercial use authorization if the application would have been approved under paragraph (2) of this rule had the application been submitted before expiration. If a person who holds a commercial use authorization fails to file a complete renewal application, including payment of all fees, within 60 days of the expiration of the commercial use authorization, then the commercial use authorization shall be invalid and the person shall file a new application for a commercial use authorization.

(4) If a person who holds a commercial use authorization files a renewal application before the expiration of the 60-day period outlined in paragraph (3) of this rule and the renewal application is incomplete, the Commissioner shall notify the applicant of the reason that the renewal application is incomplete and that the applicant has until 60 days after the expiration of the commercial use authorization to file a complete application as required under paragraph (3) of this rule.

(5) Commercial use authorizations shall be renewed for the same term as the applicant’s expiring commercial use authorization unless the applicant requests a different term length in its application. If the applicant’s requested term is longer than the term of the applicant’s expiring commercial use authorization, the applicant must meet one or more of the criteria in Rule 0400- 02-13-.02(5)(b) and demonstrate how the applicant’s business or market in which the business operates has changed in a way that necessitates a longer term since the last time the applicant submitted an application to the Commissioner.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.
Administrative History: Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective December 20, 2021.

Tenn. Comp. R. & Regs. 0400-02-13-.09 UPDATE OF INFORMATION ON FILE WITH THE COMMISSIONER

Any person who holds a commercial use authorization shall notify the Commissioner of any information required to be provided to the Commissioner under this chapter, including but not limited to conviction of any felony or of a misdemeanor directly reflecting on such person’s fitness to conduct commercial park activities, change of address, change of contact information, and change of ownership, within 30 days of any change to the information previously provided to the Commissioner.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 11-1-101.
Administrative History: Emergency rules filed June 29, 2021; effective through December 26, 2021. New rules filed September 21, 2021; effective December 20, 2021.

0400-03 Repealed

Chapter 0400-03-01 Repealed (Transferred to 0400-42-01)

Tenn. Comp. R. & Regs. 0400-03-01-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed November 12, 1975; effective December 12. 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-01.

Tenn. Comp. R. & Regs. 0400-03-01-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-01.

Tenn. Comp. R. & Regs. 0400-03-01-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400- 42-01.

Tenn. Comp. R. & Regs. 0400-03-01-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400- 42-01.

Tenn. Comp. R. & Regs. 0400-03-01-.05 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amended, filed November 12, 1975, effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-01.

Tenn. Comp. R. & Regs. 0400-03-01-.06 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule filed May 17, 1974; effective June 17, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-01.

Chapter 0400-03-02 Repealed (Transferred to 0400-42-02)

Tenn. Comp. R. & Regs. 0400-03-02-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq. Administrative History. Original Rule certified May 24, 1974. Amendment filed May 17, 1974; effective June 17, 1974. Amendment filed November 12, 1975, effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-02.

Tenn. Comp. R. & Regs. 0400-03-02-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq. Administrative History. Original Rule certified May 24, 1974. Amendment filed May 17, 1974; effective June 17, 1974. Amendment filed November 12, 1975, effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-02.

Tenn. Comp. R. & Regs. 0400-03-02-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq. Administrative History. Original Rule certified May 24, 1974. Amendment filed November 12, 1975, effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-02.

Tenn. Comp. R. & Regs. 0400-03-02-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq. Administrative History. Original Rule was certified May 24, 1974. Amendment: filed May 17, 1974; effective June 17, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-02.

Tenn. Comp. R. & Regs. 0400-03-02-.05 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq. Administrative History. Original Rule was certified May 24, 1974. Amendment filed May 17, 1974; effective June 17, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-02.

Tenn. Comp. R. & Regs. 0400-03-02-.06 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq. Administrative History. Original Rule was certified May 24, 1974, Amendment filed May 17, 1974; effective June 17, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-02.

Tenn. Comp. R. & Regs. 0400-03-02-.07 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq. Administrative History. Original Rule was certified May 24, 1974. Amendment filed May 17, 1974; effective June 17, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-02.

Tenn. Comp. R. & Regs. 0400-03-02-.08 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq. Administrative History. Original Rule filed October 4, 1977, effective November 3, 1977. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-02.

Chapter 0400-03-03 Repealed (Transferred to 0400-42-03)

Tenn. Comp. R. & Regs. 0400-03-03-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-03.

Tenn. Comp. R. & Regs. 0400-03-03-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400- 42-03.

Tenn. Comp. R. & Regs. 0400-03-03-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-03.

Tenn. Comp. R. & Regs. 0400-03-03-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400- 42-03.

Chapter 0400-03-04 Repealed (Transferred to 0400-42-04)

Tenn. Comp. R. & Regs. 0400-03-04-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule was certified May 24, 1974. Amendment filed May 17, 1974; effective June 17, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-04.

Tenn. Comp. R. & Regs. 0400-03-04-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-04.

Tenn. Comp. R. & Regs. 0400-03-04-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400- 42-04.

Tenn. Comp. R. & Regs. 0400-03-04-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 44, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-04.

Chapter 0400-03-05 Repealed (Transferred to 0400-42-05)

Tenn. Comp. R. & Regs. 0400-03-05-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400- 42-05.

Tenn. Comp. R. & Regs. 0400-03-05-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed May 17, 1974; effective June 17, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-05.

Chapter 0400-03-06 Repealed (Transferred to 0400-42-06)

Tenn. Comp. R. & Regs. 0400-03-06-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed May 17, 1974; effective June 17, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-06.

Tenn. Comp. R. & Regs. 0400-03-06-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed May 17, 1974; effective June 17, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-06.

Tenn. Comp. R. & Regs. 0400-03-06-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed May 17, 1974; effective June 17, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-06.

Chapter 0400-03-07 Repealed (Transferred to 0400-42-07)

Tenn. Comp. R. & Regs. 0400-03-07-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-401 et seq. and 4-5-201 et seq. Administrative History. Original rule certified May 24, 1974. Amendment filed November 12, 1975, effective December 12, 1975. Repeal filed March 15, 2013; effective June 13, 2013. Rule was renumbered 0400-42-07.

Tenn. Comp. R. & Regs. 0400-03-07-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-401 et seq. and 4-5-201 et seq. Administrative History. Original rule certified May 24, 1974. Amendment filed November 12, 1975, effective December 12, 1975. Repeal filed March 15, 2013; effective June 13, 2013. Rule was renumbered 0400-42-07.

Tenn. Comp. R. & Regs. 0400-03-07-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-401 et seq. and 4-5-201 et seq. Administrative History. Original rule certified May 24, 1974. Amendments filed May 17, 1974; effective June 17, 1974. Amendments filed November 12, 1975; to be effective December 12, 1975. Rules 0400-03-07-.03(c) and 0400-03-07-.03(d) Suspended December 11, 1975 until June 30, 1976. Repeal filed March 15, 2013; effective June 13, 2013. Rule renumbered 0400-42-07.

Tenn. Comp. R. & Regs. 0400-03-07-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-401 et seq. and 4-5-201 et seq. Administrative History. Original rule certified May 24, 1974. Amendments filed May 17, 1974; effective June 17, 1974. Amendments filed November 12, 1975; effective December 12, 1975. Repeal filed March 15, 2013; effective June 13, 2013. Rule renumbered 0400-42-07.

Chapter 0400-03-08 Repealed (Transferred to 0400-42-08)

Tenn. Comp. R. & Regs. 0400-03-08-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-08.

Tenn. Comp. R. & Regs. 0400-03-08-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-08.

Tenn. Comp. R. & Regs. 0400-03-08-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-08.

Tenn. Comp. R. & Regs. 0400-03-08-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-08.

Chapter 0400-03-09 Repealed (Transferred to 0400-42-09)

Tenn. Comp. R. & Regs. 0400-03-09-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-09.

Tenn. Comp. R. & Regs. 0400-03-09-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-09.

Tenn. Comp. R. & Regs. 0400-03-09-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-09.

Tenn. Comp. R. & Regs. 0400-03-09-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-09.

Chapter 0400-03-10 Repealed (Transferred to 0400-42-10)

Tenn. Comp. R. & Regs. 0400-03-10-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-10.

Tenn. Comp. R. & Regs. 0400-03-10-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-10.

Tenn. Comp. R. & Regs. 0400-03-10-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-10.

Tenn. Comp. R. & Regs. 0400-03-10-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-10.

Chapter 0400-03-11 Repealed (Transferred to 0400-42-11)

Tenn. Comp. R. & Regs. 0400-03-11-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-11.

Tenn. Comp. R. & Regs. 0400-03-11-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 14, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-11.

Tenn. Comp. R. & Regs. 0400-03-11-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-11.

Tenn. Comp. R. & Regs. 0400-03-11-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed May 24, 1974. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-11.

Chapter 0400-03-12 Repealed (Transferred to 0400-42-12)

Tenn. Comp. R. & Regs. 0400-03-12-.01 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1975. Amendment filed November 12, 1975; effective December 12, 1975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-12.

Tenn. Comp. R. & Regs. 0300-03-12-.02 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule Certified May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-12.

Tenn. Comp. R. & Regs. 0400-03-12-.03 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400- 42-12.

Tenn. Comp. R. & Regs. 0400-03-12-.04 REPEALED

History

Authority: T.C.A. §§ 59-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original Rule certified May 24, 1974. Amendment filed November 12, 1975; effective December 12, l975. Repeal filed August 2, 2012; effective October 31, 2012. Rule renumbered 0400-42-12.

0400-04 Repealed

Chapter 0400-04-01 Repealed

Tenn. Comp. R. & Regs. 0400-04-01 Repealed

RULES

OF THE

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION

DIVISION OF WATER RESOURCES

Chapter 0400-04-02 Repealed

Tenn. Comp. R. & Regs. 0400-04-02 Repealed

RULES

OF TENNESSEE DEPARTMENT OF CONSERVATION

DIVISION OF WATER RESOURCES

GROUND WATER DEVELOPMENT AND THE

LICENSING OF WATER WELL CONTRACTORS

AND PUMP SETTERS

TABLE OF CONTENTS

REPEALED

Authority: T.C.A. §§4-5-201 et. seq. and 69-11-106. Administrative History: Original rule filed May 24, 1974.

Repeal to Chapter filed June 21, 1993; effective August 5, 1993.

0400-05 Repealed

Chapter 0400-05-01 Repealed

Tenn. Comp. R. & Regs. 0400-05-01-.01 REPEALED

History

Authority: T.C.A. § §§ 11-1-101 and 4-5-201 et seq.
Administrative History: Original rule filed January 19, 2001; effective April 5, 2001. Repeal filed June 27, 2012; effective September 25, 2012.

0400-06 Division of Natural Areas

Chapter 0400-06-01 Ginseng Dealer Registration

Tenn. Comp. R. & Regs. 0400-06-01-.01 PURPOSE

The purpose of these regulations is to provide for the implementation of the ginseng dealers act requiring the registration of ginseng dealers and to permit the same, the submitting of an annual report and to require certain inspections of shipments of ginseng and further requiring the payment of a registration fee all of which is relative to the purchase, sale and/or export of wild or cultivated ginseng.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Tenn. Comp. R. & Regs. 0400-06-01-.02 AUTHORITY

The regulations are issued under the authority granted to the Commissioner of the Tennessee Department of Environment and Conservation by T.C.A. § 62-28-104.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984 . Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Tenn. Comp. R. & Regs. 0400-06-01-.03 DEFINITIONS

As used in these regulations, the term:

(1) “Buying Season” shall mean that period from September 1st for green roots and September 15th for dry roots through March 31st when it is legal for ginseng dealers to purchase ginseng from ginseng collectors.

(2) “Cultivated” shall mean grown under natural or artificial shade and according to varying standards of cultivation procedures.

(3) “Department” shall mean the Tennessee Department of Environment and Conservation.

(4) “Export” shall mean to transport, ship, carry, haul, take or otherwise move wild or cultivated ginseng (said ginseng being previously collected or cultivated inside the State of Tennessee) to destination(s) outside the State of Tennessee and/or the United States.

(5) “Ginseng” shall mean the plant or any part of the plant, Panax quinquefolius L., of the Araliaceae family cultivated and/or collected within the State of Tennessee.

(6) “Ginseng collector” shall mean any person who collects, digs, picks, pulls up, cuts, uproots, harvests or otherwise removes any part of the ginseng plant, either wild or cultivated, from its habitat for any purpose.

(7) “Ginseng dealer” shall mean any person who purchases ginseng for the purpose of resale or any person who exports ginseng to a destination outside the State of Tennessee. This definition specifically excludes retail businesses that sell ginseng to the general public for consumption within the United States.

(8) “Permit” shall mean the ginseng dealer permit as issued by the Tennessee Department of Environment and Conservation under the authority of T.C.A. § 62-28-101.

(9) “Person” shall mean any individual, partnership, firm, organization, corporation, association, club or other entity.

(10) “Purchase” shall mean to acquire, obtain, or receive or attempt to acquire, obtain or receive by exchange of money or other valuable consideration and shall specifically include barter or exchange.

(11) “Sell”, “Sale”, or “Sold” shall mean to dispose of, transfer or convey or to attempt to dispose of, transfer or convey by exchange of money or other valuable consideration and shall specifically include barter or exchange.

(12) “State” shall mean the State of Tennessee.

(13) “Wild” shall mean grown under natural conditions without the use of any cultivation procedures.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984. Amendment filed July 29, 1988; effective October 29, 1988. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Tenn. Comp. R. & Regs. 0400-06-01-.04 REGISTRATION, PERMIT AND FEE

(1) No person shall be a ginseng dealer without first registering and obtaining a ginseng dealer permit as issued by the Department.

(2) The permit shall be issued and become effective on September 1st of each year and will be good and valid through August 31st of the next year.

(3) Completed applications for registering and obtaining the permit shall be submitted to the Department prior to September 1st of each year along with a registration fee; the fee amount for registration shall be two hundred and fifty ($250) dollars per year. Registration shall not be deemed complete and a permit shall not be issued until the registration fee has been paid in full to the Department. Blank application forms shall be provided by the Department upon request.

(4) Upon registration and issuance of a permit, the ginseng dealer is authorized to sell, purchase, and/or export wild and/or cultivated ginseng pursuant to the following conditions:

(a) wild and/or cultivated ginseng that has been inspected and issued an export certificate pursuant to Rule 0400-06-01-.07 may be exported throughout the entire permit period, and (b) ginseng may only be purchased from ginseng collectors during the period from September 1st for green roots and September 15th for dry roots through March 31st of each permit period, and (c) wild ginseng may be sold to other registered and permitted ginseng dealers throughout the entire permit period if the ginseng was purchased from ginseng collectors during the period from September 1st for green roots and September 15th for dry roots through March 31st of each permit period.

(5) The permit does not renew automatically and a new permit must be obtained annually pursuant to paragraphs (2) and (3) of this rule.

(6) If a permit application is received on or after September 1st, the permit issued pursuant to such application shall be effective only from the date of issuance.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984. Amendment filed August 3, 1990; effective September 17, 1990. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Tenn. Comp. R. & Regs. 0400-06-01-.05 REPORTING

(1) All ginseng dealers shall file with the department during the period from September 1st through March 31st monthly reports (purchase records) of all purchases of ginseng. The reports shall be submitted on forms which are provided by the Department. The reports shall include but shall not be limited to, the amount of ginseng purchased, whether it was wild or cultivated, whether it was green (fresh) or dry, the county or counties from which the ginseng was collected, and the dates on which it was collected and purchased. Reports will cover from the 1st day of the previous month to the last day of the previous month for the entire period from September 1st through March 31st. The reports shall be due no later than the last day of the month following the report period, the first report being due October 31st.

(2) All ginseng dealers shall file with the Department an annual report on or before April 30th of each year, and it shall be submitted on forms provided by the Department. The annual report shall include, but shall not be limited to the amount, by weight, of all ginseng purchased and sold from April 1st of the previous year through March 31st of the current year, the county or counties from which the ginseng was collected, whether the ginseng was wild or cultivated, and the average price per pound paid for the ginseng.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984. Amendment filed July 29, 1988; effective October 29, 1988. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Tenn. Comp. R. & Regs. 0400-06-01-.06 RECORD KEEPING

(1) All ginseng dealers shall keep records of all purchases and/or sales of ginseng. These records shall include but shall not be limited to the purchase or sale date, date of collection, county of collection or cultivation and the weight of the ginseng purchased or sold.

(2) All ginseng dealers shall retain the records required by paragraph (1) of this rule for a period of 3 years from the date of the purchase or sale of ginseng.

(3) Upon reasonable notice to the ginseng dealer, all records required by this rule shall be made available to the Department at the dealer’s place of business and during normal dealer working hours.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Tenn. Comp. R. & Regs. 0400-06-01-.07 INSPECTION AND EXPORT CERTIFICATION

(1) All ginseng dealers who export ginseng to destination(s) outside the state shall have each sale (hereinafter referred to as shipment) of ginseng inspected by and obtain an export certificate from a designated representative of the Department before any such shipment of ginseng is exported from this state.

(2) The export certificate shall identify:

(a) the weight of the shipment of ginseng, (b) whether the ginseng is wild or cultivated, (c) the year the ginseng was collected, (d) the ginseng dealer permit number, (e) a shipment number, and (f) date of shipment of ginseng.

(3) The export certificate shall be verified and signed by the inspecting representative of the Department.

(4) A copy of the export certificate shall be enclosed or attached to the shipment of the subject ginseng. A copy of the certificate shall be retained for a minimum of 3 years by the ginseng dealer and the export certificate original shall be retained by the ginseng dealer and submitted to the department in accordance with internal procedures of the Department within a reasonable time after the export of the said ginseng. These internal procedures are subject to change from time to time.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Tenn. Comp. R. & Regs. 0400-06-01-.08 INSPECTION AT END OF BUYING SEASON AND WEIGHT RECEIPT

(1) Any ginseng dealer possessing ginseng roots at the end of the buying season (i.e. after March 31st) shall obtain a receipt for that ginseng from a designated representative of the Department.

(2) The receipt shall identify:

(a) the weight of the ginseng, (b) whether the ginseng is wild or cultivated, (c) the year the ginseng was collected, and (d) the ginseng dealer’s name and permit number.

(3) Upon verifying the weight of the ginseng, the designated representative of the Department shall sign and issue a receipt.

(4) The receipt shall be retained by the dealer and presented at the time of and in exchange for any future certification of the ginseng for export.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984. Amendment filed July 29, 1988; effective October 29, 1988. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Tenn. Comp. R. & Regs. 0400-06-01-.09 REGISTRATION AND REPORTING FORM AND CONTENT

The Department is authorized to prescribe the form and content of the ginseng dealer permit, inspection certificate, sale and purchase records, monthly report form, and annual report form required by the regulations. The form and content of the forms are subject to change from time to time as deemed necessary by the Department.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984. Amendment filed July 29, 1988; effective October 29, 1988. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Tenn. Comp. R. & Regs. 0400-06-01-.10 VIOLATION

(1) Any person violating the provisions of these regulations shall be guilty of a misdemeanor and punishable under the general laws relating to misdemeanors.

(2) The Commissioner of the Tennessee Department of Environment and Conservation may suspend, revoke and/or deny the issuance of a permit to any ginseng dealer who violates the act or these regulations. The ginseng dealer shall have the right to contest and appeal any suspension, revocation and/or denial of his/her permit and the provisions of the Uniform Administrative Procedures Act, compiled in Chapter 5 of Title 4 of the T.C.A., and the Rules of the Secretary of State, Chapter 1360-01-07, shall apply to any such contest and appeal.

History

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed November 14, 1983; effective February 13, 1984. Amendment filed July 29, 1988; effective October 29, 1988. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Chapter 0400-06-02 Rare Plant Protection and Conservation Regulations

Tenn. Comp. R. & Regs. 0400-06-02-.01 RARE PLANT PROTECTION AND CONSERVATION-GENERAL

(1) General (a) Purpose, Scope, and Applicability The purpose of these regulations is to provide for the implementation of The Rare Plant Protection and Conservation Act which requires persons to obtain written permission from a landowner or manager before knowingly removing or destroying state-listed endangered plant species and requires nursery farmers to be licensed in order to sell state-listed endangered species.

(b) Use of Number and Gender As used in these Rules:

Words in the masculine gender also include the feminine and neuter genders; and 2. Words in the singular include the plural; and 3. Words in the plural include the singular.

(1) Paragraph (a) Subparagraph 1. Part (i) Subpart (I) Item I. Subitem A. Section (A) Subsection (2) Definitions “Act” means “The Rare Plant Protection and Conservation Act of 1985,” T.C.A. Section 70-8- 301 et seq.

“Acquire,” “Acquired,” or “Acquisition” means to obtain, to have obtained, or the act of obtaining, by donation, or by exchange of money or other valuable consideration (specifically including barter or exchange), or to take as defined in these regulations.

“Commissioner” means the Commissioner of the Department of Environment and Conservation.

“Conserve” or “Conservation” means to use, or the use of, all methods and procedures for the

purpose of increasing the number of individuals of each resident species of plant up to levels adequate to assure their survival in their ecosystems; such methods and procedures also include all activities associated with scientific resource conservation such as research census, law enforcement, habitat protection, acquisition and maintenance, propagation, and transplantation into unoccupied parts of historic range.

“Department” means the Department of Environment and Conservation.

“Endangered Species” means any species or subspecies of plant whose continued existence as a viable component of the state’s flora is determined by the Commissioner to be in jeopardy, including but not limited to all species of plants determined to be “endangered species” pursuant to the Endangered Species Act.

“Endangered Species Act” means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. 884), 16 USC §§ 1531 et seq., as subsequently amended.

“Habitat” means the place where a plant species grows, thus implying a particular set of environmental conditions conducive to its survival.

“Landowner” means the person having legal deed to a parcel of land, or a lessee, or any other person entitled to possession, or a manager in the case of publicly owned land.

“Nursery Farmer” means any person engaged in the practice of growing or propagating stock for sale.

“Nursery Stock” means all trees, shrubs, or other perennial plants, or parts of such trees, shrubs, or other perennial plants grown or kept for, or capable of, propagation, distribution, or sale on a commercial basis.

“Person” means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department, or instrumentality of the federal government, any state or political subdivision thereof, or any foreign government.

“Plant” means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant.

“Population” means individuals of a given plant species that are capable of interbreeding with one another via natural mechanisms, or are growing in close proximity, yet self-pollinating or reproducing strictly by vegetative means.

“Rare Species” means any species of plant defined as endangered, threatened, or of special concern in Tennessee or pursuant to the Endangered Species Act.

“Sell” or “Sold” means to dispose of, transfer or convey, or to attempt to dispose of, transfer or convey by exchange of money or other valuable consideration, specifically including barter or exchange.

“Special Concern Species” means any species or subspecies of plant which is uncommon in Tennessee, or has unique or highly specific habitat requirements or scientific value and therefore requires careful monitoring of its status.

“Take” or “Taking” means to knowingly uproot, dig, remove, damage, destroy, possess, collect, or otherwise disturb for any purpose.

“Threatened Species” means any species or subspecies of plant which appears likely, within the foreseeable future, to become endangered throughout all or a significant portion of its range in Tennessee, including but not limited to all species of plants determined to be a “threatened species” pursuant to the Endangered Species Act.

History

Authority: T.C.A. §§ 4-5-201, et seq., 70-8-301, and 70-8-305; and Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed May 13, 1986; effective June 12, 1986. Repeal and new rule filed May 30, 2008; effective August 13, 2008.

Tenn. Comp. R. & Regs. 0400-06-02-.02 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., 70-8-301, and 70-8-305; and Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed May 13, 1986; effective June 12, 1986. Amendment filed July 14, 1999; effective September 27, 1999. Repeal and new rule filed May 30, 2008; effective August 13, 2008.

Tenn. Comp. R. & Regs. 0400-06-02-.03 PROMULGATION OF LISTS

(1) Criteria for listing a rare plant as endangered, threatened, or of special concern, shall be primarily, but not limited to, the following:

(a) Distribution of the species in Tennessee and throughout its range;

(b) Number of populations in Tennessee and throughout the species’ range;

(d) Habitat specificity;

(e) Known or perceived threats to the species and its habitats;

(f) Number of protected populations;

(g) Difficulty of adequately protecting or managing habitats for the species’ survival; and (h) Biological factors relating to such things as the species’ ability to reproduce, respond to disturbance, or its dependence on other species that also may be in jeopardy.

(2) Any interested person may nominate a plant species for listing as endangered, threatened, or special concern status or recommend changes in status or removal of species from the current rare plant list promulgated under the Act.

(3) A Scientific Advisory Committee of twelve (12) botanists knowledgeable about the state’s flora shall serve at the Commissioner’s request to periodically review the rare plant list and consider nominations for changes to it. This group shall meet at least once every three (3) years. Reimbursement for travel and per diem expenses shall be offered by the Department at current state rates.

(4) A public hearing shall be held prior to the addition or deletion of a species to or from the endangered or threatened species lists.

(5) The Department shall submit its proposed list of endangered species or any amendments to it to the Commissioner of the Department of Agriculture for his concurrence.

(6) Copies of the current list of endangered species or the list of threatened or special concern species shall be made available, upon request, by the Department of Environment and Conservation, Division of Natural Areas, Davy Crockett Tower, Floor 8, 500 James Robertson Parkway, Nashville, Tennessee 37243.

History

Authority: T.C.A. §§ 4-5-201, et seq., 70-8-301, et seq., and 70-8-305; and Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed May 13, 1986; effective June 12, 1986. Amendment filed July 14, 1999; effective September 27, 1999. Repeal and new rule filed May 30, 2008; effective August 13, 2008. Amendment filed September 26, 2011; effective December 25, 2011. Amendments filed July 24, 2024; effective October 22, 2024.

Tenn. Comp. R. & Regs. 0400-06-02-.04 LIST OF ENDANGERED SPECIES

The endangered plant list of Tennessee includes the following:

Latin Name Common Name Aconitum reclinatum A. Gray trailing white monkshood Agalinis auriculata (Michx.) Blake ear-leaved false-foxglove Agalinis decemloba (Greene) Pennel ten lobe false foxglove Agalinis heterophylla (Nutt.) Small ex Britton prairie false foxglove Agalinis oligophylla Pennell ridge-stem false foxglove Agalinis plukenetii (Ell.) Raf purple gerardia Anemone caroliniana Walt. Carolina anemone Anthoxanthum hirtum (Schrank) Y. Schouten & Veldkamp hairy sweetgrass Anticlea glauca Kunth. white camas Apios priceana Robbins Price’s potato-bean Arabis patens Sullivant spreading rockcress Arenaria lanuginosa (Michx.) Rohrback wooly sandwort Aristida ramosissima Engelm. ex Gray branched three-awn grass Asplenium scolopendrium L. var. americanum (Fern.) Kartesz & Gandhi Hart’s-tongue fern Astragalus bibullatus Barneby and Bridges Pyne’s ground-plum Betula cordifolia Regel heart-leaved paper birch Blephilia subnuda Simmers & Kral Cumberland pagoda-plant Blephilia woffordii Floden Caney Fork woodmint Brachydontium trichodes (Web.) Milde peak moss Bolboschoenus fluviatilis (Torr.) Sojak river bulrush Borodinia perstellata (E.L. Braun) P.J. Alexander & Windham Braun’s rockcress Botrychium simplex E. Hitchc. least moonwort Bulbostylis coarctata (Ell.) Fern. capillary hairsedge Calamagrostis cainii Hitchcock Cain’s reedgrass Calamagrostis insperata Swallen (C.W. Greene) Porter’s reedgrass Caltha palustris L. marsh marigold Campanula rotundifolia L. bluebell bellflower Carex barrattii Schweinitz and Torr. Barratt’s sedge Carex buxbaumii Wahlenb. Buxbaum’s sedge Carex canescens L. ssp. disjuncta Fern. hoary sedge Carex fumosimontana Estes Smoky Mountain sedge Carex interior L. H. Bailey inland sedge Carex lonchocarpa Willd. ex Spreng. southern long sedge Carex manhartii Bryson Manhart’s sedge Carex muskingumensis Schweinitz Muskingum sedge Carex pallescens L. pale sedge Carex pellita Willd. woolly sedge Carex tetanica Schkuhr rigid sedge Carex utriculata Boott Northwest Territory sedge Carex woodii Dewey Wood’s sedge Cephaloziella messalongi (Spruce) K. Muell. a liverwort Cerastium velutinum Raf. velvety cerastium Chelone obliqua L. red turtlehead Clematis fremontii S. Wats. Fremont’s leather-flower Clematis vinacea Floden wine colored leather-flower Clematis morefieldii Kral Morefield’s leather-flower Clethra alnifolia L. coastal pepperbush Collinsia verna Nutt. blue-eyed Mary Comptonia peregrina (L.) Coulter sweet-fern Coreopsis latifolia Michx. broad-leaved tickseed Crataegus harbisonii Beadle Harbison’s hawthorn Crocanthemum canadense (L.) Britt. Canada frostweed Crocanthemum propinquum ( Bickn.) Bickn. low frostweed Cypripedium kentuckiense Reed Southern ladyslipper Cypripedium reginae Walt. showy ladyslipper Dactylorhiza viridis (L.) R.M. Bateman, Pridgeon, & M.W. Chase long-bracted green orchid Dalea foliosa (A. Gray) Barneby leafy prairie-clover Dalea purpurea Vent. purple prairie-clover Delphinium exaltatum Ait. tall larkspur Desmodium ochroleucum M.A. Curtis ex Canby creamflower tick-trefoil Diamorpha smallii Britt. Small’s stonecrop Dichanthelium curtifolium (Nash) LeBlond short-leaved panic grass Dichanthelium spretum (J.A. Schultes) Freckmann Eaton’s witchgrass Echinacea pallida (Nutt.) Nutt. pale purple coneflower Eleocharis elliptica Kunth elliptic spikerush Eleocharis equisetoides (Ell.) Torr. horse-tail spikerush Eleocharis intermedia J.A. Schultes matted spikerush Eleocharis olivacea Torr. olive spikerush Eleocharis wolfii A. Gray Wolf’s spikerush Endotropis alnifolia (L’Hér.) Hauenschild alderleaf buckthorn Eriocaulon decangulare L. var. decangulare ten-angle pipewort Eriogonum harperi Goodman Harper’s umbrella-plant Eriophorum virginicum L. tawny cotton grass Erysimum capitatum (Dougl.) Greene western wallflower Eupatorium leucolepis (DC.) Torr. and A. Gray white-bracted thoroughwort Eurybia saxicastelli Rockcastle aster (J. J. N. Campbell & Medley) G. L. Nesom Euthamia gymnospermoides Green Great Plains goldentop Fimbristylis perpusilla Harper Harper’s fimbristylis Gentiana puberulenta J.S. Pringle prairie gentian Geocarpon cumberlandense (Wofford & Kral) E.E. Schilling Cumberland sandwort Geocarpon groenlandicum (Retzius) E.E. Schilling mountain sandwort Geum aleppicum Jacq. yellow avens Geum geniculatum Michx. bent avens Geum radiatum Michx. spreading avens Glyceria canadensis (Michx.) Trin. Canada manna grass Glyceria laxa (Scribn.) Scribn. limp manna grass Gratiola floridana Nutt. Florida hedge-hyssop Helenium brevifolium (Nutt.) Wood shortleaf sneezeweed Helianthus verticillatus Small whorled sunflower Heteranthera missouriensis C.N. Horn bouquet mud plantain Hexastylis harperi (Gaddy) B.R. Keener & L.J. Davenp. Harper’s heartleaf Homaliadelphus sharpii (Williams) Sharp Sharp’s homaliadelphus moss Houstonia montana Small Roan Mountain bluet Hydrocotyle americana L. American water-pennywort Hypericum adpressum Barton creeping St. John’s-wort Hypericum ellipticum Hook. pale St. John’s-wort Hypericum graveolens Bickl. mountain St. John’s-wort Iris brevicaulis Raf. Lamance iris Isoetes appalachiana D.F.Brunton & D.M.Britton Appalachian quillwort Isoetes melanopoda Gay and Durieu blackfoot quillwort Isoetes tennesseensis N.T. Luebke & J.M. Budke Hiwassee quillwort Isotria medeoloides (Pursh) Raf. small whorled pogonia Juncus articulatus L. jointed rush Lachnanthes caroliana (Lam.) Carolina redroot Lachnocaulon anceps (Walter) Morong whitehead bogbutton Lechea pulchella Raf. Leggett’s pinweed Lejeunea sharpii (Schust.) Schust. Sharp’s Lejeunea Leptodontium viticulosoides var. sulphureum (Müller Hal.) R. H. Zander Grandfather Mountain Leptodontium Leptohymenium sharpii (Crum & Anders.) Buck & Crum Mount Le Conte moss Leptoscyphus cuneifolius (Hook.) Mitt. a liverwort Lilium grayi S. Wats. Gray’s lily Lilium philadelphicum L. var. philadelphicum wood lily Lithospermum parviflorum Weakley, Witsell & D. Estes softhair marbleseed Lithospermum subsetosum (Mack. & Bush) Weakley, Witsell, & D. Estes smooth false gromwell Lonicera reticulata Raf. grape honeysuckle Lysimachia fraseri Duby Fraser’s loosestrife Lysimachia terrestris (L.) BSP. swamp loosestrife Maianthemum stellatum (L.) Link starflower false solomon’s-seal Marshallia obovata (Walt.) Beadle & F.E. Boynt. var. obovata spoonshape Barbara’s buttons Marshallia pulchra W.M. Knapp, D.B. Poind. & Weakley large-flowered Barbara’s-buttons Marsupella funckii (Web. & Mohr) Dumort. a liverwort Melanthium latifolium Desr. Melanthium hybridum Walt. broadleaf bunchflower Melanthium virginicum L. Virginia bunchflower Micranthes caroliniana (Gray) Small Carolina saxifrage Micranthes pensylvanica (L.) Haw. swamp saxifrage Muhlenbergia cuspidata (Torr.) Rydb. plains muhly Muhlenbergia torreyana (Shult.) Hitchcock Torrey’s dropseed Myriophyllum pinnatum (Walt.) B.S.P. cutleaf Watermilfoil Nabalis asper (Michx.) Torr. & A. Gray rough rattlesnake root Nestronia umbellula Raf. conjurer’s nut Packera crawfordii (Britt.) A.M. Mahoney & R.R. Lowal Crawford’s ragwort Patis racemosa (Sm.) Romasch., P.M. Peterson & R. J. Soreng mountain ricegrass Paxistima canbyi A. Gray Canby’s mountain-lover Paysonia perforata (Rollins) O’Kane & Al-Shehbaz Spring Creek bladderpod Paysonia stonensis (Rollins) O’Kane & Al-Shehbaz Stones River bladderpod Penstemon kralii D. Estes Kral’s beard tongue Penstemon tubaeflorus Nutt. white wand beard tongue Perideridia americana (Nutt. ex DC.) Reichenb. thicket parsley Phanopyrum gymnocarpon (Ell.) Nash savannah panic grass Phegopteris connectilis (Michx.) Watt long beech fern Physaria globosa (Desv.) O’Kane globe bladderpod Pityopsis ruthii (Small) Small Ruth’s golden-aster Plantago cordata Lam. heart-leaved plantain Platanthera grandiflora (Bigelow) Lindl. large purple fringed orchid Platanthera integra (Nutt.) A. Gray ex Beck yellow fringeless orchid Platanthera integrilabia (Correll) Luer white fringeless orchid Platanthera nivea (Nutt.) Luer snowy orchid Poa palustris L. owl bluegrass Pogonia ophioglossoides (L.) Ker-Gawl. rose pogonia Polygonella americana (Fisch. and Mey) small southern jointweed Polymnia johnbeckii D. Estes John Beck’s leafcup Ponthieva racemosa (Walt.) Mohr shadow-witch Porella gracillima Mitt. hot porella Prunus pumila L. sand cherry Pycnanthemum beadlei (Small) Fern. Beadle’s mountain mint Pycnanthemum torreyi Benth. Torrey’s mountain mint Pycnanthemum verticillatum (Michx.) Pers. whorled mountain-mint Pyrola americana Sweet American wintergreen Ranunculus longirostris Godr. eastern white water crowfoot Rhynchosia latifolia Nutt. prairie snoutbean Rhynchospora capillacea Torr. horned beak-rush Rhynchospora debilis Gale savannah beak-rush Rhynchospora rariflora (Michx.) Ell. few-flowered beak-rush Rhynchospora stiletto Naczi & Ciafré stiletto beaksedge Rudbeckia triloba L. var. beadlei (Small) Fern. brown-eyed Susan Rugelia nudicaulis Shuttlw. ex Chapman Rugel’s ragwort Sabatia capitata (Raf.) Blake rose gentian Sabulina paludicola (Fern. & B.G. Schubert) E.E. Schilling Godfrey’s stitchwort Sagittaria rigida Pursh sessile-fruited arrowhead Sanguisorba canadensis L. Canada burnet Schoenoplectus subterminalis (Torr.) Soják swaying bulrush Scutellaria arguta Buckl. hairy skullcap Sedum nevii A. Gray Nevius’ stonecrop Senega nana (Michx.) J.F.B. Pastore & J.R. Abbott dwarf milkwort Senega nuttallii (Torr. & Gray) J.F.B. Pastore & J.R. Abbott Nuttall’s milkwort Silene ovata Pursh ovate catchfly Silphium brachiatum Gattinger Cumberland rosinweed Solidago ayuhwasi M. Brock & D. Estes Hiwassee Goldenrod Solidago gattingeri Chapm. Gattinger’s goldenrod Solidago lancifolia Torr. and A. Gray broadleaf goldenrod Solidago porteri Small Porter’s goldenrod Solidago ptarmicoides (Torr. & Gray) B. Boivin prairie goldenrod Solidago rupestris Raf. rock goldenrod Solidago spithamaea M.A. Curtis Blue Ridge goldenrod Sparganium androcladum (Engelm.) Morong branching bur-reed Sphenolobopsis pearsonii (Spruce) R.M. Schust. a liverwort Spiraea alba DuRoi narrow-leaved meadow-sweet Spiraea virginiana Britt. Virginia spiraea Spiranthes magnicamporum Sheviak Great Plains ladies’-tresses Spiranthes ochroleuca (Rydb.) Rydb. yellow nodding ladies’-tresses Spiranthes odorata (Nutt.) Lindl. sweet scent ladies’-tresses Sporobolus junceus (P.Beauv.) Kunth piney-woods dropseed Stachys appalachiana D.B. Poind. & J.B. Nelson Appalachian hedge-nettle Steironema quadriflorum (Sims) A.S. Hitchc. fourflower yellow loosestrife Stellaria alsine Grimm trailing stitchwort Stenanthium diffusum Wofford Cumberland featherbells Sullivantia sullivantii (Torr. & Gray) Britt. Sullivan’s coolwort Symphyotrichum ericoides (L.) G.L. Nesom var. ericoides bushy aster Symphyotrichum estesii Semple May Prairie aster Symphyotrichum pratense (Raf.) Nesom barrens silky aster Symplocarpus foetidus (L.) Nutt. skunk-cabbage Syntrichia ammonsiana (H.A. Crum & L.E. Anderson) Ochyra Ammon’s tortula Syntrichia fragilis (Taylor) Ochyra fragile tortula Taxus canadensis Marsh. American yew Thaspium pinnatifidum (Buckley) A. Gray cutleaf meadow parsnip Triantha glutinosa (Walt.) Small sticky false asphodel Triantha racemosa (Walt.) Small coastal false-asphodel Tridens chapmanii (Small) Chase purpletop tridens Trichophorum cespitosum (L.) Hartman tufted club-rush Trifolium calcaricum J.L. Collins & Wieboldt running glade clover Trifolium reflexum L. buffalo clover Trillium decumbens Harbison trailing trillium Trillium lancifolium Raf. narrow-leaved trillium Trillium pusillum Michx. least trillium Trillium rugelii Rendle southern nodding trillium Trillium tennesseense E.E. Shilling & Floden Tennessee trillium Utricularia cornuta Michx. horned bladderwort Vaccinium elliottii Chapm. mayberry Veronica catenata Pennell sessile water-speedwell Veronica scutellata L. marsh-speedwell Viburnum molle Michx softleaf arrow-wood Vitis rupestris Scheele rock grape Xyris ambigua Beyr. ex. Kunth. coastal-plain yellow-eyed-grass Xyris curtissii Malme Curtis’s yellow-eyed grass Xyris fimbriata Ell. fringed yellow-eyed-grass Xyris tennesseensis R. Kral Tennessee yellow-eyed-grass

History

Authority: T.C.A. §§ 4-5-201, et seq., and 70-8-301, et seq.
Administrative History: Original rule filed May 13, 1986; effective June 12, 1986. Amendment filed April 27, 1992; effective June 11, 1992. Amendment filed July 14, 1999; effective September 27, 1999. Amendment filed October 23, 2000; effective January 6, 2001. Amendment filed October 5, 2004; effective December 19, 2004. Repeal and new rule filed May 30, 2008; effective August 13, 2008. Repeal and new rule filed September 26, 2011; effective December 25, 2011. Repeal and new rule filed October 17, 2013; effective January 15, 2014. Amendments filed July 20, 2016; effective October 18, 2016. Amendments filed June 9, 2020; effective September 7, 2020. Amendments filed July 24, 2024; effective October 22, 2024. Amendments filed February 10, 2026; effective May 11, 2026.

Tenn. Comp. R. & Regs. 0400-06-02-.05 shall be made available to the Department at the nursery farmer’s place of business and during the nursery farmer’s normal working hours.

History

Authority: T.C.A. §§ 4-5-201, et seq., 70-8-301, and 70-8-305; and Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed June 17, 1986; effective July 17, 1986. Amendment filed July 14, 1999; effective September 27, 1999.

Tenn. Comp. R. & Regs. 0400-06-02-.06 REGISTRATION AND LICENSING OF NURSERY FARMERS

(1) All nursery farmers who desire to sell or export Tennessee listed endangered plant species must first register with the Department and obtain a license as issued by the Department.

(2) Blank forms for license application shall be provided by the Department upon request and shall contain the following information:

(a) Applicant’s business name, address, and telephone number.

(b) Applicant’s business name, home address, and telephone number.

(3) Upon receipt by the Department of a completed application form, the Department will issue a license. No fee will be charged for the license.

(4) The license shall be valid from January 1st to the following December 31st and shall be renewed annually by the Department unless the nursery farmer is found in violation of T.C.A. §§ 70-8-301 et seq. or these regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq., 70-8-301, and 70-8-305; and Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed June 17, 1986; effective July 17, 1986. Amendment filed July 14, 1999; effective September 27, 1999.

Tenn. Comp. R. & Regs. 0400-06-02-.07 REPORTING BY NURSERY FARMERS

(1) Any nursery farmer selling or exporting Tennessee listed endangered plants shall file with the Department an annual report on forms provided by the Department. The report forms, available upon request, shall include, but shall not be limited to, the following information:

(a) The name and number of individuals of Tennessee listed endangered plant species purchased or otherwise acquired, indicating which plants were wild and which were propagated.

(b) The county and location from which the plants were originally taken (if the source is another nursery farmer, include that name and address).

(c) The name of the Tennessee listed endangered species sold or otherwise disposed of, indicating which plants were wild and which were propagated, and stating the number of wild plants sold.

(d) The name and address of the person or business to whom one hundred (100) or more of any endangered species were sold.

(2) Annual reports shall be due no later than January 31 of the following year and shall cover the period set out on the form provided by the Department.

History

Authority: T.C.A. §§ 4-5-201, et seq., 70-8-301, and 70-8-305; and Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed June 17, 1986; effective July 17, 1986. Amendment filed July 14, 1999; effective September 27, 1999.

Tenn. Comp. R. & Regs. 0400-06-02-.08 RECORDKEEPING BY NURSERY FARMERS

(1) Nursery farmers shall retain a copy of each annual report for a period of at least three (3) years, following its submission to the Department.

(2) Upon reasonable notice to the nursery farmer, all records required under this section, and original statements of written permission to take endangered species required under section

Tenn. Comp. R. & Regs. 0400-06-02-.09 INSPECTION

Nurseries may be subject to announced or unannounced inspections of current stock of wild and/or propagated endangered species.

History

Authority: Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed June 17, 1986; effective July 17, 1986.

Tenn. Comp. R. & Regs. 0400-06-02-.10 CERTIFICATION OF NATIVE RARE PLANT STOCK

A nursery engaged in the propagation of native rare plants may receive official certification as a native rare plant propagator. At the invitation of the nursery, a Department official, or officials, will inspect native plant stock to confirm those species under propagation. Upon being satisfied as to which native rare species are involved, the Department will issue a certificate naming those native rare species which the nursery is propagating.

History

Authority: Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed June 17, 1986; effective July 17, 1986.

Tenn. Comp. R. & Regs. 0400-06-02-.11 TAKING RARE SPECIES FROM DEPARTMENT LANDS FOR SCIENTIFIC,

EDUCATIONAL, OR PROPAGATIVE PURPOSES.

(1) Anyone wishing to take rare plant species from Department lands for scientific, educational, or propagative purposes shall first obtain a scientific collecting permit from the Department.

Application forms for permits will be provided by the Department.

(2) A scientific collecting permit shall be valid for one (1) year from the date of issuance unless otherwise indicated on the permit.

(3) All persons permitted to take rare plants for scientific, educational, or propagative purposes shall submit to the Department brief reports on the status and results of their collecting. A progress report shall be filed every six (6) months of the permit period and a final report must be submitted at the end of the permit period. Only a final report is necessary if the permit period does not exceed eight (8) months. The final reports shall include but shall not be limited to the following information:

(a) Name and number of individuals, cuttings, or any other plant parts of each rare species collected unless exception is granted by the Department.

(b) Locality of collection for each specimen of a rare species (specific locations, indicated on maps, may be required).

(d) Description of any environmental alterations resulting during or after the completion of collecting.

(4) The holder of a scientific collecting permit shall notify the Department if, during the permit period, he wishes to change the specific conditions of the permit.

History

Authority: Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed June 17, 1986; effective July 17, 1986.

Tenn. Comp. R. & Regs. 0400-06-02-.12 REPORTING FORM AND CONTENT

The Department is authorized to prescribe the content for written permission to take endangered species, and the form and content of the application for license, the endangered species dealer license, acquisition and purchase records, annual reports, application for scientific collecting, scientific collecting permit, and the scientific collecting and progress and final reports required by the regulations. The form and/or content of the above form(s) are subject to change from time to time as deemed necessary by the Department.

History

Authority: Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed June 17, 1986; effective July 17, 1986.

Tenn. Comp. R. & Regs. 0400-06-02-.13 VIOLATIONS

(1) As provided by T.C.A. § 70-8-310, any person violating the provisions of these regulations shall be guilty of a misdemeanor.

(2) The Commissioner may suspend, revoke, and/or deny the issuance of a license or permit to a nursery farmer, or person who takes for scientific, educational, or propagative purposes, who violates the act or these regulations. The nursery farmer, or person who takes for scientific, educational, or propagative purposes, shall have the right to contest and appeal any suspension, revocations, and/or denial of license or permit, under the provisions of the Uniform Administrative Procedures Act, compiled in Chapter 5 of Title 4 of the Tennessee Code Annotated.

History

Authority: T.C.A. §§ 4-5-201, et seq., 70-8-301, and 70-8-305; and Chapter 242, Public Acts of 1985.
Administrative History: Original rule filed June 17, 1986; effective July 17, 1986. Amendment filed July 14, 1999; effective September 27, 1999.

0400-07 Division of Geology

Chapter 0400-07 Confidentiality of Certain Federal Mineral Records Provided to the State

Tenn. Comp. R. & Regs. 0400-07-01-.01 CONFIDENTIALITY OF CERTAIN FEDERAL MINERAL RECORDS PROVIDED TO THE

STATE. The state shall maintain the confidentiality of all federal mineral and mineral production records provided to the State if the records are required to be kept confidential pursuant to the National Materials Policy Research and Development Act of 1980 (Public Law 96-479)

History

Authority: T.C.A. §§ 10-7-503 and 4-3-504.
Administrative History: Original rule filed February 27, 1987; effective May 27, 1987.

Chapter 0400-08 Repealed

Tenn. Comp. R. & Regs. 0400-08 Repealed

RULES

OF THE TENNESSEE DEPARTMENT OF CONSERVATION

DIVISION OF FORESTRY

Authority: T.C.A. §§4-3-201et seq., 11-1-101 et seq., 11-4-101 et seq., and Executive Order No. 41 (February 4, 1991). Administrative History: Original chapter filed August 25, 1989; effective October 9, 1989. Amendment to

chapter 0400-8-1 has assigned a new control number, removed, and renumbered to chapter 0080-7-2 filed December 6, 2000; effective April 30, 2001.

0400-09 Division of Archaeology

Chapter 0400-09-01 Native American Indian Cemetery Removal and Reburial

Tenn. Comp. R. & Regs. 0400-09-01-.01 MANNER OF REBURIAL

The reinterment of prehistoric and historic period Native American Indian skeletal remains shall be done in a manner consistent with original and/or traditional customs.

(1)When archaeological, tribal, or other documentation exists that specifies the original manner of burial, reburial of those remains shall be carried out in the same manner.

(2)When documentation on the original manner of burial is not extant, reburial of individual remains shall be done in subsurface grave pits at such a depth to prevent future disturbance. Remains shall be placed directly into the soil.

(3)Any religious or ceremonial activities carried out in conjunction with reburial shall not be the responsibility of the state.

History

Authority: T.C.A.§§ 11-6-116(b) and 11-6-119.
Administrative History: Original rule filed October 11, 1991; effective November 25, 1991.

Tenn. Comp. R. & Regs. 0400-09-01-.02 REBURIAL AREAS

All reburial areas should be as close to the original burial area as practicable and must be designated as a cemetery and registered with the county tax assessor’s office as same.

History

Authority: T.C.A. §§ 11-6-116(b) and 11-6-119.
Administrative History: Original rule filed October 11, 1991; effective November 25, 1991.

Tenn. Comp. R. & Regs. 0400-09-01-.03 MARKING OF BOUNDARIES

The boundary of any reburial area must be suitably marked and a permanent record of the location of reinterments kept by the landowner.

History

Authority: T.C.A. §§ 11-6-116(b) and 11-6-119.
Administrative History: Original rule filed October 11, 1991; effective November 25, 1991.

Tenn. Comp. R. & Regs. 0400-09-01-.04 NOTIFICATION

Anyone carrying out work which involves the removal of Native American Indian human remains must notify the Native American members of the Archaeological Advisory Council, the Chairman of the Tennessee Commission on Indian Affairs, and the State Archaeologist. Notification of the intent to remove such remains must be in writing. Such notification shall be given at the time a petition is filed under T.C.A. 46-4-101 et seq., “Termination of Use of Land as Cemetery”, or at the time an application for a permit is filed under T.C.A. 68-3-508.

History

Authority: T.C.A. §§ 11-6-116(b) and 11-6-119.
Administrative History: Original rule filed October 11, 1991; effective November 25, 1991 January 1999, (Revised)

Tenn. Comp. R. & Regs. 0400-09-01-.05 OBSERVATION OF DISINTERMENT BY NATIVE AMERICAN OBSERVERS

At least one (1) Native American observer is entitled to be present during removal, excavation or disinterment of Native American human remains. This person shall be a Native American Indian member of the Archaeological Advisory Council or person designated by such member. Additional observers may be present as field conditions warrant with the permission of the project director. Observers must make prior arrangements with the person in charge of excavation or burial removal. In some cases, such as on-going construction activities, observers may be required to follow special safety procedures.

History

Authority: T.C.A. §§ 11-6-116(b) and 11-6-119.
Administrative History: Original rule filed October 11, 1991; effective November 25, 1991.

0400-10 Division of Solid Waste Management (Administrative)

Chapter 0400-10-01 Administrative Procedures (Previously numbered 1200-01-10)

Tenn. Comp. R. & Regs. 0400-10-01-.01 GENERAL

(1) Unless otherwise specified by regulation or circumstances dictate otherwise, Chapter 1360- 04-01 of the Rules of the Tennessee Department of State Administrative Procedures Division are applicable to all contested cases arising under Tennessee Code Annotated Title 68,

Chapter 211 and Title 68, Chapter 212.

(a) In cases in which an Order and/or Assessment has been issued and a petition for review has been filed by a named party, the commissioner shall be the petitioner and the party petitioning for review shall be the respondent.

(b) In cases in which a permit has been denied and the applicant requests a hearing regarding the denial, the applicant shall be the petitioner and the commissioner shall be the respondent.

(c) In cases in which a permit holder has contested a condition of a permit or the applicability of a fee, the permit holder shall be the petitioner and the commissioner shall be the respondent.

History

Authority: §§ 68-211-101 et seq., 68-212-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed November 15, 2011; effective February 13, 2012. Rule previously numbered 1200-01- 10.

0400-11 Division of Solid Waste Management (Solid Waste Program)

Chapter 0400-11-01 Solid Waste Processing and Disposal (Previously numbered 1200-01-07)

Tenn. Comp. R. & Regs. 0400-11-01-.01 , the requirements of this rule apply as follows to Class I, II, III, and IV disposal facilities in Tennessee:

Class I facilities shall be subject to all applicable requirements;
Class I facilities permitted prior to March 18, 1990 shall not be subject to paragraph (3) Buffer Zone Standards;
Class II, III and IV facilities permitted prior to March 18, 1990 shall not be subject to the requirements of subparagraphs (n), (p), (q), (r), (u), (v), and (w) of paragraph (2) General Facility Standards, and paragraph (3) Buffer Zone Standards.
All facilities shall be subject to applicable requirements of paragraph (9) when applying for a permit or permit modification as specified in Rule 0400-11-01-.02.
No Class IV facility permits will be issued after July 1, 2008.

(c) Project Supervision - A registered engineer must plan, design, and inspect the construction of any Class I, II, III, or IV disposal facility; also, a registered engineer must assist in the start-up of and outline correct operating procedures for any new or altered facility. Any registered engineer herein required shall be governed by the terms of T.C.A. Title 62, Chapter 2.

(2) General Facility Standards - Unless specifically noted otherwise, the standards of this paragraph apply to Class I, Class II, Class III, and Class IV disposal facilities.

(a) Overall Performance Standard - The facility must be located, designed, constructed, operated, maintained, closed, and cared for after closure in such a manner as to minimize to the extent practicable:

The propagation, harborage, or attraction of birds and flies, rodents, or other disease vectors;
The potential for explosions or uncontrolled fires;
The potential for releases of solid wastes, solid waste constituents, or other potentially harmful materials to the environment except in a manner authorized by state and local air pollution control, water pollution control, and/or waste management control agencies; and 4. The exposure of the public to potential health and safety hazards through uncontrolled or unauthorized public access.

(b) Control of Access and Use 1. The facility must have an artificial or natural barrier which completely surrounds the active portion of the facility and must have a means to control entry, at all times, through the gate or other entrances to the active portion of the facility.

If open to the public, the facility must have clearly visible and legible signs at the points of public access which indicate the hours of operation, the types of waste materials that either will or will not be accepted, emergency telephone numbers, schedule of charges (if applicable), and any other necessary information.
If the facility is open to the public, or if it is otherwise necessary for proper operation, roads within the facility, easements, and parking areas shall be designed, constructed, and maintained so as to be accessible in all weather conditions. Traffic control signs shall be provided as necessary to promote an orderly traffic pattern to and from the solid waste discharge area to maintain efficient operating conditions.
The facility must have trained personnel present and on duty at all times it is in operation to assure compliance with operational requirements and to prevent entry of unauthorized wastes.
Class I landfill facilities shall have a certified operator or attendant on site during the hours of operation who is trained and certified as provided at Rule 0400-11- 01-.12.
There must be no scavenging at the facility. Any salvaging or recycling operations must be conducted at safe, designated areas (not the working face) and times, and in a sanitary manner.

(i) The operator must not permit or engage in open burning of solid wastes at the facility. Any open burning that does occur must be immediately extinguished.

(ii) The operator must not allow solid wastes which are burning or smoldering to be deposited into the active portion of the facility. Any such wastes that are received must be deposited at a location safely removed from the active portion and extinguished before being deposited into the active portion.

The facility must have, on-site and continuously available, properly maintained fire suppression equipment in sufficient quantities to control accidental surface fires that may occur, or arrangements must be made with the local fire protection agency to provide immediate fire fighting services when needed. Additional earth moving equipment shall be brought to the facility as necessary to help suppress an underground fire.

(d) Litter Control - A facility must be operated and maintained in a manner to minimize litter. Fencing, diking and/or other practices shall be provided as necessary to confine solid wastes subject to dispersal. All litter must be collected for disposal in a timely manner.

(e) Personnel Services - At Class I disposal facilities, and at Class II, Class III and Class IV disposal facilities as may be specified in the permits, there must be provided:

A building or other shelter which is accessible to facility personnel and which has adequate screening, heating facilities, and lighting;
Safe drinking water; and 3. Sanitary hand-washing and toilet facilities.

(f) Communications - The facility must have operating and effective communications devices (e.g., telephone, 2-way radio) capable of summoning emergency assistance on-site and available to facility personnel at all times the facility is in operation.

(g) Operating Equipment - At Class I disposal facilities, and at Class II, Class III and Class IV disposal facilities unless the Commissioner deems some other arrangement as adequate for proper facility operation, there must be maintained on-site operating equipment capable of spreading and properly compacting the volume of solid wastes received, and capable of handling the earthwork required. Back-up equipment must be available within 24 hours of primary equipment breakdown.

(h) Availability of Cover Material - Cover material sufficient to meet the initial and intermediate cover requirements of this rule must be available at the facility. If such material must be hauled in from off-site, at least a 30-day supply shall be maintained on-site at all times.

(i) Run-on, Run-off, and Erosion Control 1. The operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the facility for all flow up to and including peak discharge from a 24-hour, 25-year storm.

The operator must design, construct, operate, and maintain a run-off management system to collect and control at least the peak flow volume resulting from a 24-hour, 25-year storm.
Holding facilities (e.g., sediment basins) associated with run-on and run-off control systems must be designed to detain at least the water volume resulting from a 24 hour, 25 year storm and to divert through emergency spillways at least the peak flow resulting from a 24-hour, 100-year storm.
Collection and holding facilities associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
Run-on and run-off must be managed separately from leachate unless otherwise approved by the Commissioner.
The operator must take other erosion control measures (e.g., temporary mulching or seeding, silt barriers) as necessary to control erosion of the site.

(j) Dust Control - The operator must take dust control measures as necessary to prevent dust from creating a nuisance or safety hazard to adjacent landowners or to persons engaged in supervising, operating, and using the site. The use of any dust suppressants (other than water) must be approved in writing beforehand by the Department.

(k) Waste Restrictions 1. A facility may receive for disposal only those solid wastes it is allowed to manage under the terms of its permit.

Liquid wastes.

(i) Bulk or non-containerized liquid waste may not be placed in disposal facilities/units unless:

(I) The waste is domestic waste; or (II) The waste is leachate or gas condensate derived from the disposal facilities/units which are designed with a liner and leachate collection system.

(ii) Containers holding liquid waste may not be placed in disposal facilities/units unless:

(I) The container is a small container similar in size to that normally found in domestic waste;

(II) The container is designed to hold liquids for use other than storage; or (III) The waste is domestic waste.

Discarded Tires (i) No landfill shall accept for disposal any whole tires. Tires received at Class I, Class II, Class III and Class IV disposal facilities shall be managed as follows:

(I) Tires may be disposed of in the same manner as other waste after they have been shredded, chipped, chopped, sliced, or have been otherwise processed and are rendered not whole to effectively prevent floating.

(II) Whole tires or shredded, chipped, chopped or circumferentially sliced tires may be stored on site provided that the tire storage areas conform with the following standards:

I. The storage area shall be surrounded by an 18 inch high earthen berm to manage run-on and run-off and be sufficient to contain water in the event of a fire, and to provide that:

A. All surface run-off is directed around the site;

B. All rain water collected within the berm must be directed to an appropriate release point; and C. All fire control water can be contained until release is approved.

II. Tire piles shall be restricted to the following dimensions - 200 feet long, 50 feet wide, and 15 feet high. Whole tires shall be covered by a material sufficient to shield the tires from precipitation or an effective insect vector and rodent control program shall be established.

III. A buffer zone of at least 50 feet wide shall separate tire piles from each other and from active disposal areas.

IV. In order to reduce the risk of fires;

A. The storage areas and the buffer zone shall be kept free of brush and high grass;

B. No flammable liquids may be stored nor may equipment with an open flame be utilized in or within 50 feet of the storage area;

C. Communication equipment, capable of immediately notifying the responding fire department, shall be maintained; and D. A letter assuring response from the responding fire district must be filed with the Division and the telephone number of the responding fire district must be posted at the facility. If service is not available specific fire control measures must be specified by letter to the Division.

V. The storage area may not be located:

A. On an active disposal area;

B. On a closed disposal area, unless no remaining area is available and remedial closure is specified in writing to the Division;

C. On an area to be utilized for disposal within one year;

D. In the 100 year floodplain, unless the demonstration is made to the Commissioner as required at subparagraph (n) of this paragraph; and E. In wetlands, unless the demonstration is made to the Commissioner as required at subparagraph (p) of this paragraph.

VI. Tires or shredded tires may not be stored for more than one (1) year without the written approval of the Division. The operator shall maintain records sufficient to establish the date each tire pile within a storage area was begun.

Medical waste.

(i) Sharps must be securely packaged in puncture-proof containers prior to landfilling.

(ii) Cultures and stocks of infectious agents and associated biologicals must not be landfilled unless and until they have been treated (e.g., autoclaved, incinerated) to render them non-infectious.

(iii) Human blood and blood products and other body fluids may not be landfilled. This restriction applies to bulk liquids or wastes containing substantive amounts of free liquids, but does not apply to simply bloodcontaminated materials such as emptied blood bags, bandages, or “dirty” linens.

(iv) Recognizable human organs and body parts may not be landfilled.

Dead animals may:

(i) Not be disposed of in a Class II, Class III or Class IV disposal facility except as may be specifically approved in writing by the Commissioner.

(ii) Be disposed of in Class I disposal facilities only if managed as follows:

(I) Dead animals must be covered upon receipt with a minimum of two feet of cover and placed in an area which will receive additional waste and cover within 48 hours; or covered with three feet of compacted cover soil if placed in an area which will not receive additional waste and cover within 48 hours.

(II) Dead animals must not be disposed of in an area of a landfill which will not accommodate a minimum of five feet of depth from the finished landfill surface elevation when final cover has been put in place.

(III) Dead animals must be distributed for disposal over the landfill area in such a manner as to minimize the occurrences of future sinks and depressions in the final landfill cover caused by carcass decay.

Ash generated from municipal solid waste combustion (MSWC), may only be disposed of in a unit meeting all applicable standards for a Class II disposal facility, including a liner system and a leachate collection system. Such a unit may be located at a Class I facility.

(l) Sealing of Bore Holes - Prior to excavation, all bore holes drilled or dug during subsurface investigation of the site, piezometers, and abandoned wells which are either in or within 100 feet of the areas to be filled must be backfilled with a bentonite slurry or other sealant approved by the Commissioner to an elevation at least ten feet greater than the elevation of the lowest point of the landfill base (including any liner), or to the ground surface if the site will be excavated less than ten feet below grade.

(m) Endangered Species - Facilities shall be located, designed, constructed, operated, maintained, closed, and cared for during the post-closure care period in a manner that does not:

Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or 2. Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.

(n) Location In Floodplains - Facilities must not be located in a 100-year flood-plain unless it is demonstrated to the satisfaction of the Commissioner that:

Location in the floodplain will not restrict the flow of the 100-year flood nor reduce the temporary water storage capacity of the floodplain.
The facility is designed, constructed, operated, and maintained to prevent washout of any solid waste.

(o) Permanent Benchmark - There must be installed on-site a permanent benchmark (e.g., a concrete marker) of known elevation.

(p) Wetlands - Disposal facilities shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the Commissioner:

Where applicable under Section 404 of the Clean Water Act or Tennessee Water Pollution Control Act, the presumption that practicable alternative to the proposed landfill is available which does not involve wetlands is clearly rebutted;
The construction and operation of the landfill will not:

(i) Cause or contribute to violations of any applicable State water quality standard;

(ii) Violate any applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act; and (iii) Violate subparagraph (m) of this paragraph regarding the protection of endangered species;

The landfill will not cause or contribute to significant degradation of wetlands. The owner or operator must demonstrate the integrity of the landfill unit and its ability to protect ecological resources by addressing the following factors:

(i) Erosion, stability, and migration potential of native wetland soils, mud and deposits used to support the landfill;

(ii) Erosion, stability, and migration potential of dredged and fill materials used to support the landfill;

(iii) The volume and chemical nature of the waste managed in the landfill;

(iv) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste;

(v) The potential effects of catastrophic release of waste to the wetland and the resulting impacts on the environment; and (vi) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected.

To the extent required under Section 404 of the Clean Water Act or Tennessee Water Pollution Control Act, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent practicable as required by part 1. of this subparagraph, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands); and 5. Sufficient information is available to make a reasonable determination with respect to these demonstrations.

(q) Karst Terrane - If a facility is proposed in an area of highly developed karst terrane (i.e., sink holes, caves, underground conduit flow drainage, and solutionally enlarged fractures) the applicant must demonstrate to the satisfaction of the Commissioner that relative to the proposed facility siting:

There is no significant potential for surface collapse;
The ground water flow system is not a conduit flow which would contribute significant potential for surface collapse or which would cause significant degradation to the ground water; and 3. Location in the karst terrane will not cause any significant degradation to the local ground water resources.

The above referenced demonstration may require the installation of piezometers, the developing of a potentiometric-surface map of ground water, conducting geophysical surveys, dye tracing or other specific requirements deemed necessary by the Commissioner to evaluate the proposed site to his satisfaction.

(r) Airport Safety - The owners or operators of class I disposal facilities located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used only by piston-type aircraft must include in the Narrative Description of the Facility and Operations Manual a demonstration that the unit does not pose a bird hazard to aircraft. The owners or operators proposing new class I disposal facility within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the appropriate Federal Aviation Administration (FAA) office.

(s) Random Inspection Program - The owner or operator of a permitted landfill must implement a program at the facility for detecting and preventing the disposal of regulated hazardous waste, unauthorized special waste, PCB’s (>50 ppm), whole tires, lead-acid batteries, and liquid wastes. This program must include at a minimum:

Random inspection of five percent of the daily incoming loads.
Inspection of all suspicious loads.
Records of all inspections must be maintained in a bound notebook, and include the inspection date, vehicle identification, driver signature, identification of any unauthorized waste, disposition of any unauthorized waste, and facility inspector signature.
Training of facility personnel to recognize regulated hazardous waste.
Procedures for notifying the appropriate Division field office if an unauthorized waste is identified and left at the facility.

(t) Annual and Triennial Engineering Report 1. All operators of Class I disposal facilities within the state of Tennessee shall file with the Department, by May 1 of every year, an annual engineering report (AER) which shall include:

(i) A current topographic survey of the active portion of the disposal facility (same scale as approved plans) performed by a qualified land surveyor duly authorized under Tennessee law to conduct such activities. The survey must be superimposed on the approved contours;

(ii) Calculations on the current constructed capacity of the disposal facility, in cubic yards, and the total remaining volume within the currently constructed cells to be filled, in cubic yards, along with the total remaining permitted cubic yards;

(iii) The first AER submitted should include all minor permit modifications to the facility since the most recent permit issuance;

(iv) A report showing the quantity of leachate collected in gallons: for treatment, for disposal, recirculation, or other management method on a monthly basis for the reporting year. The report must name the location and method of leachate treatment and disposal. A summary of any leachate management system cleanouts performed since the last AER must also be provided.

(v) A report of amounts and types of Special Wastes disposal relative to normal solid waste disposed at the facility since the last AER, presented in the form of a ratio; and (vi) The certification statement in part (3)(a)10. of Rule 0400-11-01-.02 and submitted as required by part (3)(a)8. of Rule 0400-11-01-.02.

All operators of Class II facilities in the state of Tennessee shall file with the Department, beginning May 1, 2020, a triennial engineering report (TER). This report shall include:

(ii) Calculations on the current constructed capacity of the disposal facility, in cubic yards, and the total remaining volume within the currently constructed cells to be filled in cubic yards, along with the total remaining cubic yards;

(iii) The first TER submitted should include all minor modifications to the facility since the most recent permit issuance; and (iv) The certification statement in part (3)(a)10. of Rule 0400-11-01-.02 and submitted as required by part (3)(a)8. of Rule 0400-11-01-.02.

(u) Fault areas - Class I and II disposal facilities shall not be located within 200 feet (60 meters) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates in the Narrative Description of the Facility and Operations Manual that an alternative setback distance of less than 200 feet (60 meters) will prevent damage to the structural integrity of the SWLF unit and will be protective of human health and the environment.

(v) Seismic Impact zones - Class I and II disposal facilities shall not be located in seismic impact zones, unless the owner or operator demonstrates that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. The owner or operator must place the demonstration in the Narrative Description of the Facility and Operations Manual.

(w) Unstable areas - Owners or operators of Class I and II disposal facilities located in an unstable area must demonstrate that engineering measures have been incorporated into the SWLF units design to ensure that the integrity of the structural components of the SWLF unit will not be disrupted. The owner or operator must place the demonstration in the Narrative Description of the Facility and Operations Manual operating record. The owner or operator must consider the following factors, at a minimum, when determining whether an area is unstable:

On-site or local soil conditions that may result in significant differential settling;
On-site or local geologic or geomorphologic features; and 3. On-site or local human-made features or events (both surface and subsurface).

(x) Holding and Processing Tanks - Holding and processing tanks for any liquids brought to a landfill facility for waste processing shall not be located within the waste management boundary of the landfill.

(y) Scenic Rivers, Buffalo River 1. The facility shall not be located within two miles of the center of a Class II scenic river, nor within two miles of the center of such a river in an adjacent upstream county, notwithstanding the fact that the river is not designated as a scenic river in the upstream county, if the river is designated as a Class II scenic river in the adjacent downstream county; and provided further that the facility shall not be located within five miles of the center of the Buffalo River in Lewis County.

The river segments that are Class II scenic rivers are those that have been designated by the General Assembly in Tenn. Code Ann. § 11-13-104. At this time those are:

(i) Blackburn Fork - That segment downstream from a point one and one-half (1 ½) miles downstream from the county road at Cummings Mill to its confluence with Roaring River.

(ii) Buffalo River - The entire river, except that portion which lies within Wayne, Perry, Humphreys and Lewis counties.

(iii) Collins River - That segment which lies within the Savage Gulf naturalscientific area.

(iv) Duck River - That segment of the Duck River beginning at Iron Bridge Road at river mile 136.4 extending continuously to a point upstream to the boundary of Marshall County at river mile 173.7.

(v) Harpeth River - The entire river except that segment lying north of Highway 100 and south of Interstate 40 in Davidson County; and except those segments located in Cheatham, Dickson and Williamson counties.

(vi) Roaring River - That segment downstream from a point two (2) miles downstream from State Route 136, to its confluence with the Cordell Hull Lake.

(vii) Spring Creek - That segment between State Highway 136 and Waterloo Mill, and that segment downstream from the Overton-Jackson county line to its confluence with Roaring River.

(3) Buffer Zone Standards for Siting Landfills (a) Class I Disposal Facilities must be located, designed, constructed, operated, and maintained such that the fill areas are, at a minimum:

100 feet from all property lines;
500 feet from all residences, unless the owner of the residential property agrees in writing to a shorter distance;
500 feet from all wells determined to be downgradient and used as a source of drinking water by humans or livestock; and 4. 200 feet from the normal boundaries of springs, streams, lakes, (except that this standard shall not apply to any wet weather conveyance nor to bodies of water constructed and designed to be a part of the facility);
After the effective date of this rule, a total site buffer with no constructed appurtenances within 50 feet of the property line, except for groundwater monitoring wells, piezometers, landfill gas monitoring wells, utility poles, underground and above-ground lines and pipes (e.g., gas, water, electric), fences, permitted entrances and exits, and similar appurtenances approved by the Commissioner.

(b) Class II Disposal Facilities must meet the same buffer zone standards for siting as Class I facilities (subparagraph (a) of this paragraph).

(c) Class III and Class IV Disposal Facilities must meet the same buffer zone standards for siting as Class I facilities (subparagraph (a) of this paragraph).

(4) Leachate Migration Control Standards (a) Class I Disposal Facilities 1. Such facilities must have a liner designed to function for the estimated life of the site and the post-closure care period. It shall be designed, constructed, and installed to ensure that the concentration values listed in Appendix III of this rule will not be exceeded in the uppermost aquifer at the relevant point of compliance.

The liner must be:

(i) A composite liner consisting of two components; the upper component must consist of a minimum 30-mil flexible membrane liner (FML), and the lower component must consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1.0 x 10 -7 cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60-mil thick. The FML component must be installed in direct and uniform contact with the compacted soil component;

(ii) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients, physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;

(iii) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift;

(iv) Installed to cover all surrounding earth likely to be in contact with the waste or leachate;

(v) Of sufficient strength and durability to function for the life of the facility plus the post-closure care period; and (vi) Sloped such that, excluding excavation side slopes, the slope of the liner shall not exceed 25%.

(vii) After the effective date of this rule, designed and constructed with sumps and side slope risers, or technology that provides equivalent or superior performance that is approved by the Commissioner, as part of its leachate removal system and in a manner that minimizes penetrations through the liner. Where penetrations of the liner are approved by the Commissioner, they must be properly sealed to prevent leakage and, wherever feasible, be designed with access to allow repair of damaged seals.

Underlying the liners shall be a geologic buffer which shall have:

(i) A maximum hydraulic conductivity of 1.0 x 10 -5 cm/s and measures at least ten (10) feet from the bottom of the liner to the seasonal high water table of the uppermost unconfined aquifer or the top of the formation of a confined aquifer or (ii) Have a maximum hydraulic conductivity of 1.0 x 10 -6 cm/s and measures not less than five (5) feet from the bottom of the liner to the seasonal high water table of the uppermost unconfined aquifer or the top of the formation of a confined aquifer or (iii) Other equivalent or superior protection as defined in subpart (ii) of this part.

The compacted soil component of the composite liner shall be as follows:

(i) The compacted soil liners shall be free of sharp objects and be compatible with supporting soils and with leachate expected to be generated.

(ii) Admixtures (i.e., cement, bentonite, etc.) and special construction techniques may be used to improve the properties of the compacted soil liner provided that:

(I) In no case shall the liner thickness be less than two (2) feet; and (II) The modified liner shall achieve equivalent or superior performance to requirements of the minimum performance standard as described in this subparagraph.

Alternate liner designs may be used provided that:

(i) It is demonstrated to the satisfaction of the Commissioner that the liner design provides equivalent or superior performance to the minimum performance standard for a Class I facility as described in this subparagraph, and (ii) When approving a design the Commissioner, shall consider at least the following factors:

(I) The hydrogeologic characteristics of the facility and surrounding land;

(II) The climatic factors of the area; and (III) The volume and physical and chemical characteristics of the leachate.

A leachate collection and removal system is required immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the facility. The leachate collection and removal system must be:

(i) Constructed of materials that are:

(I) Chemically resistant to the waste managed in the facility and the leachate expected to be generated; and (II) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the facility. Other equivalent or superior protection may be substituted for this buffer as approved by the Commissioner.

(ii) Protected, by design and/or operational features, from equipment mishandling that might reasonably be expected during operation.

Such facilities must be designed, constructed, operated, and maintained such that the final cover includes a cap which will:

(i) Provide long-term minimization of migration of liquids through the closed facility;

(ii) Function with minimum maintenance;

(iii) Promote drainage;

(iv) Accommodate settling and subsidence so that the cap’s integrity is maintained; and (v) Meet the closure requirements of paragraph (8) of this rule.

The leachate collection and removal system must, at a minimum, meet the following requirements:

(i) The leachate collection and removal system must be designed, constructed, operated, and maintained such that the leachate depth over the liner does not exceed one foot as calculated referencing the infiltration volume of the 25-year 24-hour storm through the intermediate cover;

(ii) Leachate interception surfaces and associated piping must be designed, constructed, operated, and maintained to function without clogging throughout the scheduled post-closure care period;

(iii) Leachate collection reservoirs, including tanks, must:

(I) Be constructed and maintained such that collected leachate is contained;

(II) Have sufficient capacity to store the volume of leachate expected to be generated in 30 days, or other adequate provisions approved by the Commissioner; and (III) Have a reliable and convenient means of detecting the level of collected leachate in the reservoir and of sampling such leachate; and (iv) After the effective date of this rule, leachate tanks must include a secondary containment system, that may consist of dikes, liners, pads, ponds, impoundments, curbs, ditches, sumps, or other systems capable of containing the liquid stored, that are:

(I) Designed to contain 110 percent of the volume of the largest tank within the containment system; interconnected tanks must have engineering controls (e.g., level sensors and gauges, high level alarms, automatic shutoff controls) to isolate each tank to prevent discharge of the total volume from all interconnected tanks to the secondary containment system;

(II) Using best engineering practices, constructed of materials compatible with the liquid being stored, and (III) While in use, maintained to be adequately sealed against leakage.

Collected leachate:

(i) Must be managed in accordance with any other applicable state and local regulations; and (ii) Must be sampled and analyzed, at least annually for Appendix I constituents, or for those ground water monitoring parameters listed in the permit, using sampling and analysis procedures as found in the facility permit. All leachate analysis results with all pertinent supporting data must be reported to the Commissioner with the next semi-annual ground water analysis report.

(iii) Nothing in this rule shall prohibit the recirculation of leachate through the emplaced waste provided that the requirements of this Chapter are met.

During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:

(i) Geomembrane liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and (ii) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

(b) Class II Disposal Facilities must be located, designed, constructed, operated, and maintained in accordance with the standards for Class I disposal facilities in subparagraph (a) of this paragraph unless a waiver from one or more of those standards is obtained as set forth in paragraph (5) of Rule 0400-11-01-.01.

(c) Class III and Class IV facilities must be located, designed, constructed, operated, and maintained such that there is immediately underlying all solid wastes a geologic buffer which shall have:

A maximum hydraulic conductivity of 1.0 x 10 -5 cm/s and measures at least ten (10) feet from the bottom of the liner to the seasonal high water table of the uppermost unconfined aquifer or the top of the formation of a confined aquifer; or 2. A maximum hydraulic conductivity of 1.0 x 10 -6 cm/s and measures not less than five (5) feet from the bottom of the liner to the seasonal high water table of the uppermost unconfined aquifer or top of the formation of confined aquifer; or 3. Other equivalent or superior protection as defined in part 2. of this subparagraph.

(5) Gas Migration Control Standards (a) Class I Disposal Facilities must be designed, constructed, operated, and maintained such that any gases generated by decomposition or other reaction of solid waste are collected and vented, recovered, or otherwise managed such that:

There is no buildup of gas pressure under the final cover such that the functions of such cover (including any cap) are compromised;
The concentration of explosive gases in facility structures (excluding gas control or recovery system components) does not exceed 25 percent of the lower explosive limit for the gases;
The concentration of explosive gases at the property boundary does not exceed the lower explosive limit for the gases;
The minimum frequency of monitoring shall be quarterly and the operator shall keep records to comply with the monitoring and records requirements at part (5)(a)9. of Rule 0400-11-01-.02; and monitoring shall include at least the following locations:

(i) Underneath or in the low area of each on-site building;

(ii) At locations along the boundary as shown in the permit;

(iii) At any potential gas problem areas, as revealed by dead vegetation or other indicators; and (iv) At any other points required by the permit.

Within 60 days of detection above the limits set in parts 1., 2., and 3. of this subparagraph, implement a Department approved remediation plan for the methane gas releases. Pending the remediation, the owner/operator must take all necessary steps to ensure immediate protection of human health.

(b) Class II and Class III Disposal Facilities must meet the standards for Class I disposal facilities in subparagraph (a) of this paragraph unless the operator demonstrates to the satisfaction of the Commissioner that, due to the nature of his solid wastes or operation, no significant amounts of gas will be generated within his facility.

(6) Waste Handling and Cover Standards (a) Class I Disposal Facilities 1. The unloading of solid wastes at the disposal area must be confined to the smallest practicable area, and must be supervised by trained facility personnel to ensure safety and compliance with waste restriction requirements.

Promptly upon unloading, solid wastes (except in the case of solid waste balefills or other instances specifically approved in writing by the Commissioner) shall be spread in shallow (less than three-foot) layers and compacted with appropriate equipment to the maximum practicable density. Special wastes must be handled as specified either in the permit or in the special waste approval granted by the Commissioner.
The compacted solid waste must be covered at the end of each operating day with an initial cover consisting of at least a six inch layer of compacted soil or an adequate standard of other material as approved by the Commissioner.
Except for those completed portions to be finally closed (e.g., the final lift), all surfaces which will be left exposed for a period of over thirty days (e.g., initial and intermediate lifts) must be covered by an intermediate cover consisting of at least a one-foot layer of compacted soil or other material approved by the Commissioner.
All initial and intermediate cover depths must be maintained until either additional wastes are placed over the area or final cover is applied.
Upon achieving final grade or as otherwise required by the Commissioner, final cover shall be placed as set forth in the closure standards of paragraph (8) of this

rule.

(b) Class II, Class III, and Class IV Disposal Facilities 1. Solid waste disposal activities shall be confined to the smallest practicable area.

Compaction will be performed as necessary to ensure a stable fill.

Emplaced solid wastes shall be covered with soil or other material approved by the Commissioner of such depths and at such intervals as the Commissioner deems necessary to prevent fire hazards, promote a stable fill, minimize potential harmful releases of solid wastes or solid waste constituents, and control disease vectors.

(i) Class II disposal facilities shall have a frequency and depth of initial and intermediate cover specified in its permit conditions.

(ii) Unless otherwise specified by the Commissioner, Class III disposal facilities must be covered at least once every 14 days with at least a six inch layer of compacted soil or an adequate standard of other material as approved by the Commissioner.

(iii) Unless otherwise specified by the Commissioner, Class IV disposal facilities must be covered at least once every 30 days with at least a six inch layer of compacted soil or an adequate standard of other material as approved by the Commissioner.

Upon achieving final grade or as otherwise required, final cover shall be placed as set forth in the closure standards of paragraph (8) of this rule.

(7) Ground Water Protection/Monitoring Standards (a) Class I Disposal Facilities must be designed, constructed, operated, maintained, closed, and cared for after closure such that the following standards are met:

General Ground Water Protection Standard for solid waste facilities (i) This subpart will establish a ground water protection standard for parameters in the facilities’ permits, in Appendix I, and in Appendix II. The ground water protection standard shall be:

(I) For constituents for which a maximum contaminant level (MCL) is listed in Appendix III of this rule, the MCL for that constituent; or (II) For constituents for which MCLs have not been promulgated, the background concentration for the constituent established from wells installed in accordance with part 3. of this subparagraph; or (III) For constituents for which the background level is higher than the MCL identified under item (I) of this subpart or health based levels identified under subpart (ii) of this part, the background concentration.

(ii) The Commissioner may establish an alternative ground water protection standard for constituents for which MCLs have not been established.

These ground water protection standards shall be appropriate health based levels that satisfy the following criteria;

(I) The level is derived in a manner consistent with Environmental Protection Agency guidelines for assessing the health risks of environmental pollutants (51 CFR 33992, 34006, 34014, 34028, Sept. 24, 1986);

(II) The level is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act Good Laboratory Practice Standards (40 CFR part 792, August 17, 1989) or equivalent;

(III) For carcinogens, the level represents a concentration associated with an excess lifetime cancer risk level (due to continuous lifetime exposure) within the 1.0 x 10 -4 to 1.0 x 10 -6 range; and (IV) For systemic toxicants, the level represents a concentration to which the human population (including sensitive subgroups) could be exposed to on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime. For purposes of this

subpart, systemic toxicants include toxic chemicals that cause effects other than cancer or mutation.

(iii) In establishing ground water protection standards under subpart (ii) of this

part, the Commissioner may consider the following:

(I) Multiple contaminants in the ground water;

(II) Exposure threats to sensitive environmental receptors; and (III) Other site-specific exposure or potential exposure to ground water.

Compliance Monitoring Boundary - The compliance monitoring boundary shall be:

(i) The waste management boundary of the facility; or (ii) If the facility contains more than one solid waste landfill unit, the imaginary boundary circumscribing the waste management boundaries of the solid waste landfill units; or (iii) An alternative boundary as may be established by the Commissioner in the permit. An alternative compliance boundary shall not exceed 150 meters from the waste management unit boundary and shall be located on land owned by the owner of the SWLF unit. The Commissioner may establish an alternative boundary only if he finds that the change to such a boundary would not result in contamination of ground water, which such selection may be in consideration of all of the following factors that are relevant:

(I) The hydrogeological characteristics of the facility and surrounding land, including any natural attenuation and dilution characteristics of the aquifer;

(II) The volume and physical and chemical characteristics of the leachate;

(III) The quantity, quality, and direction of flow of ground water underlying the facility;

(IV) The proximity and withdrawal rates of ground water users;

(V) The availability of alternative drinking water supplies;

(VI) The existing quality of the ground water, including other sources of contamination and their cumulative impacts on the ground water; and whether the ground water is currently used or reasonably expected to be used for drinking water; and (VII) Public health, safety, and welfare effects.

Monitoring System for New and Existing Facilities (i) The facility must have a ground water monitoring system consisting of a sufficient number of wells and/or springs, with not less than 1 upgradient and 2 downgradient monitoring points, unless other monitoring points and locations are otherwise approved by the Commissioner, with installations at appropriate locations and depths, to yield ground water samples from the uppermost aquifer that:

(I) Represent the quality of background ground water that has not been affected by leakage from the facility; and (II) Represent the quality of ground water passing the compliance boundary hydraulically downgradient (i.e., static head) from the waste disposal area.

(ii) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing must be fitted with a screened interval, with inert gravel or sand and packed around the screen as necessary, to enable collection of ground water samples at depths where appropriate flow zones exist. The annular space (i.e., the space between the bore hole and the well casing) above the sampling depth must be sealed with a suitable material (e.g., cement grout or bentonite slurry) to prevent contamination of samples and the ground water and to prevent the loss of the volatile gases.

(iii) The Commissioner may allow the use of monitoring points or devices other than wells if he determines that such will reliably yield samples that are representative of the entire flow zone depth to be evaluated.

(iv) The Commissioner may require site specific investigation measures if he determines such is necessary to adequately evaluate proposed monitoring well locations.

Sampling, Analysis, and Recordkeeping Requirements (i) The ground water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of ground water quality at the upgradient and downgradient wells installed pursuant to part 3. of this subparagraph.

(I) At a minimum, the program must include procedures and techniques for:

I. Sample collection;

II. Sample preservation and shipment;

III. Analytical procedures;

IV. Chain of custody control; and V. Quality assurance and quality control.

(II) The ground water monitoring program must include sampling and analytical methods that are appropriate for ground water sampling and that accurately measure hazardous constituents and other monitoring parameters in ground water samples.

(ii) Ground water elevations must be measured in each well prior to purging each time ground water is sampled. The owner or operator must determine the rate and direction of ground water flow each time ground water is sampled. Ground water elevations in wells which monitor the same waste management area must be measured in a period of time short enough to avoid temporal variations in ground water flow which could preclude accurate determination of ground water flow rate and direction.

(iii) The owner or operator must establish background ground water quality in a hydraulically upgradient or background well(s) for each of the monitoring parameters or constituents of the particular ground water program that applies to the SWLF unit, as determined in parts 5. or 6. of this subparagraph.

(iv) The number of samples collected to establish ground water quality data must be consistent with the appropriate statistical procedures determined pursuant to subpart (v) of this part.

(v) The owner or operator must select and report to the Commissioner a statistical method to be used in evaluating ground water monitoring data.

The statistical test chosen shall be conducted separately for each hazardous constituent in each well and shall be one of the following statistical methods:

(I) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance monitoring well’s mean and the background mean levels for each constituent.

(II) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance monitoring well’s median and the background median levels for each constituent.

(III) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance monitoring well is compared to the upper tolerance or prediction limit.

(IV) A control chart approach that gives control limits for each constituent.

(V) Another statistical test method that meets the performance standards of subpart (vi) of this part.

(vi) The owner or operator must obtain a variance as provided at paragraph (5) of Rule 0400-11-01-.01 in order to use an alternative statistical method.

Any statistical method chosen under subpart (v) of this part shall comply with the following performance standards if appropriate:

(I) The statistical method used to evaluate ground water monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for normal theory test, then the data should be transformed or a distribution-free theory test should be used. If the distributions of the constituents differ, more than one statistical method may be needed.

(II) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background concentrations or a ground water protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experiment wise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts.

(III) If a control chart approach is used to evaluate ground water monitoring data, the specific type of control chart and its associated parameter values shall be protective of human health and the environment. The parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

(IV) If a tolerance interval or a predictional interval is used to evaluate ground water monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be protective of human health and the environment. These parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

(V) The statistical method shall account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit (PQL) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.

(VI) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

(vii) The operator must keep records of all ground water sampling activities conducted, the sample analysis results, and the associated ground water surface elevation throughout the active life of the facility and throughout the post-closure care period as well. Such records must be kept at the facility or at some other location within Tennessee as specified in the permit.

(viii) All ground water sample analysis results with any statistical determinations and the associated recording of ground water surface elevations must be submitted to the Commissioner within sixty days of the sampling event. To facilitate handling and evaluation of this data, the Commissioner may specify the manner and form in which the data must be reported.

(ix) The owner or operator must determine whether or not there has been a statistically significant increase over background values for each parameter or constituent required in the required monitoring program in part 5. of this subparagraph. Comparison must be made of subsequent sample analysis results to background concentrations or values established using a statistical procedure selected which will at least meet the general performance standard of assuring with a reasonable degree of confidence that the migration of waste constituents from the facility into or through the uppermost aquifer at the compliance monitoring boundary will be detected.

Detection Monitoring Program (i) The operator must obtain and analyze samples from the installed ground water monitoring system in accordance with the ground water monitoring program established in the permit or as otherwise required by the Commissioner. Detection monitoring is required at solid waste landfill units, and at a minimum, this type of monitoring must include analysis of samples for the constituents listed in Appendix I to this rule provided that:

(I) The Commissioner may delete any of the Appendix I monitoring parameters for a SWLF unit if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit; and (II) The Commissioner may establish an alternative list of inorganic indicator parameters for a SWLF unit, in lieu of some or all of the heavy metals (constituents 1-17 in Appendix I to this rule), if the alternative parameters provide a reliable indication of inorganic releases from the SWLF unit to the ground water. In determining alternative parameters, the Commissioner shall consider the following factors:

I. The types, quantities, and concentrations of constituents in wastes managed at the SWLF unit;

II. The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the SWLF unit;

III. The detectability of indicator parameters, waste constituents, and reaction products in the ground water; and IV. The concentration or values and coefficients of variation of monitoring parameters or constituents in the ground water background.

(ii) The monitoring frequency for all constituents listed in Appendix I to this

rule, or in the alternative list approved in accordance with item (i)(I) or (II) of this part, shall be at least semi-annual during active life of the solid waste disposal facility (including closure) and the post-closure period.

(I) The number of samples collected to establish ground water quality data must be consistent with an appropriate statistical procedure to be selected by the operator which will provide with reasonable confidence that the migration of waste constituents from the facility into and through the uppermost aquifer at the compliance monitoring boundary will be indicated.

(II) A minimum of four independent samples from each monitoring well (upgradient and down gradient) must be collected and analyzed for the constituents contained in Appendix I of this Rule, or those in the alternative list approved under item (i)(I) or (II) of this part, during the first semi-annual sampling event period. Each of the four independent samples (of each monitoring well) are to be collected and analyzed at approximately equally dispersed intervals throughout the six month long semi-annual sampling event. At least one sample from each well must be collected and analyzed during subsequent semi-annual sampling events.

(III) The elevation of the ground water surface must be determined and recorded at each monitoring well each time a sample is obtained, but prior to pumping or bailing any wells.

(iii) If the owner or operator determines that there is a statistically significant increase [reference subpart (7)(a)4.(v) of this rule] over background for one or more of the constituents listed in Appendix I to this rule or in the alternative list approved in accordance with item (i)(II) of this part, at any monitoring well at the compliance monitoring boundary, the owner or operator:

(I) Must, within 14 days of this finding, send a notice to the Commissioner indicating which constituents have shown statistically significant changes from background levels, and (II) Must establish an assessment monitoring program meeting the requirements of part 6. of this paragraph within 90 days except as provided for in item (III) of this subpart.

(III) The owner/operator may demonstrate that a source other than a SWLF unit caused the contamination or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. A report documenting this demonstration must be certified by a qualified ground water scientist and approved by the Commissioner.

If a successful demonstration is made, documented and approved, the owner or operator may continue detection monitoring as specified in subpart (ii) of this part. If, however, a demonstration is not made and approved within 90 days from sampling analysis showing a statistically significant increase over background in one or more constituents, then the owner or operator must initiate an assessment monitoring program as required in part 6. of this subparagraph.

Assessment Monitoring Program (i) Assessment monitoring is required whenever a statistically significant increase over background has been detected for one or more of the constituents listed in the Appendix I to this rule or in the alternative list approved in accordance with item 5.(i)(I) or (II) of this subparagraph.

(ii) Within 90 days of triggering an assessment monitoring program, the owner or operator must sample and analyze the ground water for all constituents identified in Appendix II to this rule and annually thereafter. A minimum of one sample from each downgradient well must be collected and analyzed during each sampling event. For any constituent detected in the downgradient wells as a result of the complete Appendix II analysis, a minimum of four independent samples from each well (upgradient and downgradient) must be collected and analyzed to establish background for the constituents. The Commissioner may specify an appropriate subset of wells to be sampled and analyzed for Appendix II constituents during assessment monitoring. The Commissioner may delete any of the

Appendix II monitoring parameters for a SWLF unit if it can be shown that the removed constituents are not reasonably expected to be in or derived from the waste contained in the unit.

(iii) After obtaining the results from the initial or subsequent sampling events required by subpart (ii) of this part, the owner or operator must:

(I) Within 14 days, give a notice to the Commissioner identifying the constituents listed in Appendix II of this rule that have been detected.

(II) Within 90 days and at least on a semiannual basis thereafter, resample all wells, conduct analyses for all constituents in Appendix I to this rule or in the alternative list approved in accordance with

subpart 5.(i) of this subparagraph; and for those constituents in

Appendix II to this rule that are detected in response to subpart (ii) of this part, and report their concentrations to the Commissioner. At least one sample from each well (upgradient and downgradient) must be collected and analyzed during these sampling events.

(III) If the concentrations of all constituents listed in Appendix II of this

rule are shown to be at or below background values, using the statistical procedures approved by the Commissioner for two consecutive sampling events, the owner or operator must notify the Commissioner and may return to detection monitoring upon approval by the Commissioner.

(IV) If the concentrations of any constituents listed in Appendix II of this

rule are above background values, but all concentrations are below the ground water protection standard, the owner or operator must continue assessment monitoring in accordance with this subpart.

(iv) If one or more constituents listed in Appendix II of this rule are detected at levels above the ground water protection standard, or statistically significant levels if the standard is based on background concentrations, the owner or operator must within 14 days of this finding give notice to the Commissioner of the finding and identify the constituents listed in Appendix II of this rule which have exceeded the general ground water protection standard. The owner or operator also:

(I) Must, after giving the notice required by this subpart identifying constituents listed in Appendix II of this rule which have exceeded the general ground water protection standard, develop and submit to the Commissioner in a timely manner for his approval a specific ground water quality assessment plan for the facility. To the satisfaction of the Commissioner, the ground water quality assessment plan must:

I. Be capable of determining whether solid waste or solid waste constituents from the facility have entered the ground water, the rate and extent of migration of waste or waste constituents in the ground water, and the concentration in the ground water of such wastes or waste constituent(s);

II. Specify the number, location, and depth of wells; the sampling and analytical methods to be used for detecting the solid wastes and solid waste constituents in the ground water; the evaluative procedures, including any use of previously gathered ground water quality information; and a schedule of implementation and reporting to the Commissioner;

III. Be certified by a qualified ground water scientist; and IV. Include provisions for identifying all domestic and commercial water use within an area determined by the Commissioner.

(II) During such time the assessment plan is being developed during implementation of corrective action, and until the successful completion of corrective action, or until the Commissioner gives notice to cease, the owner or operator must conduct quarterly sampling and analysis for those parameters with a statistically significant increase.

(III) Must characterize the nature and vertical and horizontal extent of the release by installing additional monitoring wells as necessary.

(IV) Must install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with item (iii)(II) of this part.

(V) Must notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site as indicated by sampling of wells in accordance with item (iii)(IV) of this part.

(VI) May demonstrate that a source other than a SWLF unit caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality. A report documenting this demonstration must be certified by a qualified ground water scientist.

If a successful demonstration is made, the owner or operator must continue monitoring in accordance with the assessment monitoring program pursuant to this part, and may return to detection monitoring if the constituents listed in Appendix II of this rule are at or below background as specified in item (iii)(III) of this part. Until a successful demonstration is made, the owner or operator must comply with this

subpart including initiating an assessment of corrective measures as provided at part 7. of this subparagraph.

(VII) If the Commissioner determines, based on the results of the ground water quality assessment program, that no solid wastes or solid waste constituent from the facility have entered the ground water, then the owner or operator may, upon being so notified, reinstate the detection monitoring program described in part 5. of this subparagraph.

(VIII) Any time during investigation, during assessment, or any time deemed necessary by the Commissioner, the owner or operator may be required to develop a corrective action plan or may be required to take specific actions for assessment or specific corrective actions the Commissioner deems necessary and appropriate.

Assessment of Corrective Measures (i) Within 90 days of finding that any of the constituents listed in Appendix II to this rule have been detected at a statistically significant level exceeding the ground water protection standards defined under part 1. of this subparagraph, the owner or operator must initiate an assessment of corrective measures. Such an assessment must be completed within a reasonable period of time.

(ii) The owner or operator must continue to monitor in accordance with the assessment monitoring program as specified in part 6 of this subparagraph.

(iii) The assessment shall include an analysis of the effectiveness of potential corrective measures to meet the requirements and objectives of a remedy as described in part 8. of this subparagraph. Analyses to assess and evaluate potential remedies shall address at least the following:

(I) The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;

(II) The time required to begin and complete the remedy;

(III) The cost of remedy implementation; and (IV) The institutional requirements such as State or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy(s).

(iv) The owner or operator must discuss the results of the corrective measures assessment, prior to the selection of remedy, in a public meeting with interested and affected parties.

Selection of Remedy (i) Based on the results of the assessment of corrective measures conducted under part 7. of this subparagraph, the owner or operator must select a remedy that, at a minimum, meets the standards listed in subpart (ii) of this

part. The owner or operator must submit to the Commissioner, within 14 days of selecting a remedy, a report describing the selected remedy, and how it meets the standard in subpart (ii) of this part.

(ii) Remedies must:

(I) Be protective of human health and the environment, (II) Attain the groundwater protection standard as specified pursuant to

part 1. of this subparagraph.

(III) Control the source(s) of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of constituents listed in

Appendix II of this rule into the environment that may pose a threat to human health or the environment; and (IV) Comply with standards for management of wastes as specified in

subpart 9.(iv) of this subparagraph.

(iii) In selecting a remedy that meets the standards of subpart (ii) of this part, the owner or operator shall consider the following evaluation factors:

(I) The long-and short-term effectiveness and protectiveness of the potential remedy(s), along with the degree of certainty that the remedy will prove successful based on consideration of the following:

I. Magnitude of reduction of existing risks;

II. Magnitude of residual risks in terms of likelihood of further releases due to waste remaining following implementation of a remedy;

III. The type and degree of long-term management required, including monitoring, operation, and maintenance;

IV. Short-term risks that might be posed to the community, workers, or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and re-disposal or containment;

V. Time until full protection is achieved;

VI. Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, re-disposal, or containment;

VII. Long-term reliability of the engineering and institutional controls; and VIII. Potential need for replacement of the remedy.

(II) The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors:

I. The extent to which containment practices will reduce further releases;

II. The extent to which treatment technologies may be used.

(III) The ease or difficulty of implementing a potential remedy(s) based on consideration of the following types of factors:

I. Degree of difficulty associated with constructing the technology;

II. Expected operational reliability of the technologies;

III. Need to coordinate with and obtain necessary approvals and permits from other agencies;

IV. Availability of necessary equipment and specialists; and V. Available capacity and location of needed treatment, storage, and disposal services.

(IV) The degree to which community concerns are addressed by a potential remedy(s).

(iv) The owner or operator shall specify as part of the selected remedy a schedule(s) for initiating and completing remedial activities. Such a schedule must require the initiation of remedial activities within a reasonable period of time taking into consideration the factors set forth in items (I) through (VI) of this subpart. The owner or operator must consider the following factors in determining the schedule of remedial activities:

(I) Extent and nature of contamination;

(II) Practical capabilities of remedial technologies in achieving compliance with ground water protection standards established under part 1. of this subparagraph and other objectives of the remedy;

(III) Availability of treatment or disposal capacity for wastes managed during implementation of the remedy;

(IV) Desirability of utilizing technologies that are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives;

(V) Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy; and (VI) Resource value of the aquifer including:

I. Current and future uses;

II. Proximity and withdrawal rate of users;

III. Ground water quantity and quality;

IV. The potential damage to wildlife, crops vegetation, and physical structures caused by exposure to waste constituent;

V. The hydrogeologic characteristic of the facility and surrounding land;

VI. Ground water removal and treatment costs;

VII. The cost and availability of alternative water supplies; and VIII. Other relevant factors.

(v) The Commissioner may determine that remediation of a release of an

Appendix II constituent from a SWLF unit is not necessary if the owner or operator demonstrates to the satisfaction of the Commissioner that:

(I) The ground water is additionally contaminated by substances that have originated from a source other than a SWLF unit and those substances are present in concentrations such that cleanup of the release from the SWLF unit would provide no significant reduction in risk to actual or potential receptors; or (II) The constituent(s) is present in ground water that:

I. Is not currently or reasonably expected to be a source of drinking water; and II. Is not migrating or is not likely to migrate in a concentration(s) that would exceed the ground water protection standard to other hydraulically connected waters; or (III) Remediation of the release(s) is technically impracticable; or (IV) Remediation results in unacceptable cross-media impacts.

(vi) A determination by the Commissioner pursuant to subpart (v) of this part shall not affect the authority of the State to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the ground water, to prevent exposure to the ground water, or to remediate the ground water to concentrations that are technically practicable and significantly reduce threats to human health or the environment.

Implementation of the Corrective Action Program.

(i) Based on the schedule established under subpart 8.(iv) of this subparagraph for initiation and completion of remedial activities the owner/operator must:

(I) Establish and implement a corrective action ground water monitoring program to:

I. At a minimum, meet the requirements of an assessment monitoring program under subpart 6.(iii) of this subparagraph;

II. Indicate the effectiveness of the corrective action remedy; and III. Demonstrate compliance with the ground water protection standard pursuant to part 1. of this subparagraph.

(II) Implement the corrective action remedy selected under part 8 of this subparagraph; and (III) Take any interim measure necessary to ensure the protection of human health and the environment. Interim measures should, to the greatest extent practicable be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to part 8. of this subparagraph. The following factors must be considered by an owner or operator in determining whether interim measures are necessary:

I. Time required to develop and implement a final remedy;

II. Actual or potential exposure of nearby populations or environmental receptors to hazardous constituents;

III. Actual or potential contamination of drinking water supplies or sensitive ecosystems;

IV. Further degradation of the ground water that may occur if remedial action is not initiated expeditiously;

V. Weather conditions that may cause hazardous constituents to migrate or be released;

VI. Risks of fire or explosion, or potential for exposure to hazardous constituents as a result of an accident or failure of a container or handling system; and VII. Other situations that may pose threats to human health and the environment.

(ii) The Commissioner may determine, based on information developed after implementation of the remedy has begun or, through other information, that compliance with requirements of subpart 8.(ii) of this subparagraph is not being achieved through the remedy selected. In such cases, the owner or operator must implement other methods or techniques that could practicably achieve compliance with the requirements, unless the owner or operator makes the determination under subpart (iii) of this part.

(iii) If the owner or operator determines that compliance with requirements under subpart 8.(ii) of this subparagraph cannot be practically achieved with any currently available methods, the owner or operator must:

(I) Obtain certification of a qualified ground water scientist or approval by the Commissioner that compliance with requirements under

subpart 8.(ii) of this subparagraph cannot be practically achieved with any currently available methods;

(II) Implement alternate measures to control exposure of humans or the environment to residual contamination, as necessary to protect human health and the environment; and (III) Implement alternate measures for control of the sources of contamination, or for removal or decontamination of equipment, units, devices, or structures that are:

I. Technically practicable; and II. Consistent with the overall objective of the remedy.

(IV) Submit to the Commissioner within 14 days of such determination a report justifying the alternative measures prior to implementation of the alternative measures.

(iv) All solid wastes that are managed pursuant to a remedy required under

part 8. of this subparagraph, or an interim measure required under item (i)(III) of this part, shall be managed in a manner:

(I) That is protective of human health and the environment; and (II) That complies with applicable RCRA requirements.

(v) Remedies selected pursuant to part 8. of this subparagraph shall be considered complete when:

(I) The owner or operator complies with the ground water protection standard at all points within the plume of contamination that lie beyond the ground water monitoring well system established under

part 3 of this subparagraph.

(II) Compliance with the ground water protection standard has been achieved by demonstrating that concentrations of constituents listed in Appendix II of this rule have not exceeded the ground water protection standard(s) for a period of three consecutive years using approved statistical procedures and performance standards. The Commissioner may specify an alternative length of time during which the owner or operator must demonstrate that concentrations of constituents listed in Appendix II of this rule have not exceeded the ground water protection standard(s) taking into consideration:

I. Extent and concentration of the release(s);

II. Behavior characteristics of the hazardous constituents in the ground water;

III. Accuracy of monitoring or modeling techniques, including any seasonal, meteorological, or other environmental variables that may affect the accuracy; and IV. Characteristics of the ground water.

(III) All actions required to complete the remedy have been satisfied.

(vi) Upon completion of the remedy, the owner or operator must submit to the Commissioner within 14 days a certification that the remedy has been completed in compliance with the requirements of subpart (v) of this part.

The certification must be signed by the owner or operator and by a qualified ground water scientist and approved by the Commissioner.

(b) Class II Disposal Facilities - Class II disposal facilities must meet the same ground water protection/monitoring standards for Class I facilities in subparagraph (a) of this paragraph except that:

Class II disposal facilities are not required to perform the analysis for the volatile organic compounds listed in Appendix I of this rule unless specifically required by the Commissioner.
Class II disposal facilities are not required to perform the analysis for the parameters listed in Appendix II of this rule unless specifically required by the Commissioner.
Class II disposal facilities are required every six months to conduct the sampling and perform the analysis for all or certain indicator parameters selected by the Commissioner and to annually conduct sampling and analysis for parameters specified by the Commissioner to be characteristic of the wastes to be disposed at the facility.
Class II facilities are required to establish reliable background concentrations of values against which future comparisons can be made. The operator must sample each well quarterly for the first year and analyze each sample for the parameters selected by the Commissioner. The Commissioner will establish background values for all the parameters required.
Since the operator of a Class II facility may or may not be required by the Commissioner to conduct sampling and analysis for the constituents listed in

Appendix II of this rule, the operator shall develop and submit a ground water quality assessment plan as required in part (a)6. of this paragraph and shall conduct corrective action as required in part (a)8. of this paragraph based on sampling and analysis of ground water monitoring parameters specified by the Commissioner to be characteristic of the wastes and/or the constituents listed in

Appendix II of this rule. The Commissioner, at his discretion based on statistical increases in sampling parameters, may expand the number of parameters that characterize the waste.

All ground water monitoring parameters for Class II facilities will be selected and established in the permit for new facilities, and for existing facilities, the parameters will be established in the permit modification for the new closure/post-closure care plan required in subpart (2)(b)2.(ii) of Rule 0400-11-01- .03.
Class II facilities shall meet all other requirements for the ground water protection and monitoring standards of this paragraph.

(c) Class III and Class IV Disposal Facilities - Class III and Class IV disposal facilities must meet the same ground water protection/monitoring standards for Class I facilities in subparagraph (a) of this paragraph.

(8) Closure and Post-Closure Standards - Unless specifically noted otherwise, the standards of this paragraph apply to Class I, Class II, Class III, and Class IV disposal facilities.

(a) General Performance Standard 1. The operator must close the disposal facility or disposal facility parcel in a manner that:

(i) Minimizes the need for further maintenance; and (ii) Controls, minimizes, or eliminates, to the extent necessary to prevent threats to public health and the environment, post-closure escape of solid waste, solid waste constituents, leachate, contaminated rainfall, or waste decomposition products to the ground or surface waters or to the atmosphere.

The operator must care for a disposal facility or disposal facility parcel for the period of time after closure, specified in subparagraph (d) of this paragraph, in a manner that assures that the performance objectives of part 1. of this subparagraph are continuously met.

(b) Adherence to Plan - The operator must initiate and complete closure activities and conduct post-closure care activities in accordance with the approved closure/postclosure care plan, if such plan has been prepared and approved for the disposal facility or disposal facility parcel being closed.

The operator must notify the Division Director of his intent to close at least 60 days prior to the date he expects to begin final closure of the disposal facility or disposal facility parcel.
The operator must complete closure activities including grading and establishing vegetative cover in the shortest practicable time, not to exceed 180 days, after any fill areas or any portion of the fill areas have achieved final grade, unless the Commissioner allows otherwise in the permit. Permits may provide, or be modified to provide, minimum areas for closure which will be shown in closure plans. Such modifications of closure plans, for the sole purpose of identifying minimum closure areas, shall be deemed minor modifications. When these complete closure areas reach final grade, these areas shall be closed as otherwise provided in this part and within the 180 day time frame provided herein.
Unless otherwise noted in the permit a depth of compacted final cover material (e.g., soil) shall be placed on the disposal facility or disposal facility parcel in the shortest practicable time, not to exceed 90 days, after achieving final grade of any fill area or any portion of a fill area. At least the top twelve inches of this cover material shall be soil which will support the growth of suitable vegetation (e.g., topsoil).

(i) At Class I and Class II facilities the depth of final cover system shall be at least 36 inches of soil of which a minimum of 12 inches shall be for the support of vegetative cover.

The design of the final cover system shall be such that the infiltration volume of water will be equal to or less than the percolation volume through the bottom liner system or a design which includes a compacted soil layer of at least 24 inches which has a permeability no greater than 1 x -7 cm/sec, whichever is less. This design shall be supported by the use of the HELP model or other equivalent method approved by the Commissioner.

An alternate final cover system may be used provided that it is demonstrated to the satisfaction of the Commissioner that the final cover system provides equivalent or superior performance to the minimum performance standard in this subpart.

(ii) At Class III and Class IV facilities, unless the Commissioner determines that a greater depth is needed to achieve the general performance standard of subparagraph (a) of this paragraph, the depth of final cover shall be at least 30 inches of compacted soil. The final cover shall consist of an 18-inch compacted soil layer with a maximum hydraulic conductivity of 1 x 10 -5 cm/s overlain by a 12-inch protective layer.

(iii) At Class I, II, III, and IV facilities, with approval of the Commissioner any other low permeability layer construction techniques or materials may be used to provide the final cover, provided that it provides equivalent or superior performance to the requirements of this part.

The final surface of the disposal facility or disposal facility parcel shall be graded and/or provided with drainage facilities in a manner that:

(i) Minimizes precipitation run-on from adjacent areas onto the disposal facility or disposal facility parcel;

(ii) Minimizes erosion of cover material (e.g., no steep slopes);

(iii) Optimizes drainage of precipitation falling on the disposal facility or disposal facility parcel (e.g., prevent pooling); and (iv) Provides a surface drainage system which is consistent with the surrounding area and in no way significantly adversely affects proper drainage from these adjacent lands.

In order to minimize soil erosion, as soon as practicable after final grading, the operator shall take steps as necessary to establish a protective vegetative cover of acceptable grasses over disturbed areas of the site. These steps shall include seeding, mulching, and any necessary fertilization at a minimum, and may include additional activities such as sodding of steeper slopes and drainage ways if such are necessary.
In addition to the drainage and grading requirements and vegetative cover requirements, the operator shall take other measures as may be necessary to minimize and control erosion and sedimentation (e.g., soil stabilization, sediment ponds) at the site.
As required in his permit, or as otherwise necessary to prevent threats to human health and the environment, the operator shall establish and/or complete a system for collecting, removing, and treating leachate generated by the disposal facility or disposal facility parcel.
As required in his permit, or as otherwise necessary to prevent threats to human health and the environment, the operator shall establish and/or complete a system for collecting and venting or otherwise controlling the vertical and horizontal escape of gases generated in the disposal facility or disposal facility parcel.
The operator must notify the Division Director in writing within 60 days of his completion of closure of the disposal facility or disposal facility parcel. Such notification must include a certification by the operator that the disposal facility or disposal facility parcel has been closed in accordance with the approved closure/post-closure care plan. Within 21 days of the receipt of such notice the Division Director shall inspect the facility to verify that closure has been completed and in accordance with the approved plan. Within 10 days of such verification, the Commissioner shall approve the closure in writing to the operator. Closure shall not be considered final and complete until such approval has been made.

(d) Post-Closure Care Period - For Class I and Class II disposal facilities, post-closure care must continue for 30 years after the date of final completion of closure of the disposal facility or facility parcel unless a shorter period is established in the approved closure/post-closure care plan. For Class III and IV disposal facilities, post-closure care must continue for two years after the date of final completion of closure of the facility or facility parcel. The post-closure care period may be reduced or extended based on cause by amendment of the approved closure/post-closure care plan as provided in subparagraph (2)(d) of Rule 0400-11-01-.03.

(e) Post-Closure Care Activities - During the post-closure care period, the operator must, at a minimum, perform the following activities on closed portions of his facility:

Maintain the approved final contours and drainage system of the site such that the objectives of part (c)4. of this paragraph are continuously met;
Ensure that a healthy vegetative cover is established and maintained over the site;
Maintain the drainage facilities, sediment ponds, and other erosion/sedimentation control measures (if such are present at the landfill), at least until the vegetative cover is established sufficiently enough to render such maintenance unnecessary;
Maintain and monitor the leachate collection, removal, and treatment system (if such is present at the facility);
Maintain and monitor the gas collection and control system (if such is present at the facility);
Maintain and monitor the ground and/or surface water monitoring system (if such is present at the facility). The monitoring system and sampling and analysis program established in the permit shall be continued during the post-closure care period, unless the permit is modified to establish a different system or program.

Monitoring data must be reported in writing to the Division Director within 30 days after the completion of the analyses.

Following completion of the post closure care period for each SWLF unit, the owner or operator must file with the Department a certification verifying that postclosure has been completed in accordance with the post-closure plan.

(f) Notice in Deed to Property - The operator must ensure that, within 90 days of completion of final closure of the facility and prior to sale or lease of the property on which the facility is located, there is recorded, in accordance with State law, a notation on the deed of property or on some other instrument which is normally examined during a title search that will in perpetuity notify any person conducting a title search that the land has been used as a disposal facility and its use is restricted in accordance with the approved closure/post-closure plan.

(g) Open Dump or Unauthorized Dump Closing - A person discontinuing the use of an open dump or unauthorized dump, whether on his own initiative or at the direction of the Commissioner, shall take all the actions determined by the Commissioner to be necessary, including but not limited to, the following:

Restrict access.
Implement effective rodent or vector controls, including baiting for at least two weeks after closing, to prevent rodent migration to adjacent properties and spraying of containers to control mosquitoes, or other measures as determined necessary by the Commissioner.
Compact and cover existing solid waste. The barrier layer of the final cover for the entire area shall be two feet or more of compacted soil or as otherwise determined by the Commissioner. Soil cover shall be of a quality to be easily managed and with sufficient clay content to provide an adequate seal on the wastes.
The application of a one foot soil layer to support vegetative or some other appropriate cover to minimize erosion and, when applicable, maximize evapotranspiration shall be established. Within 30 days after completion of final grading, the owner or operator of the dump shall prepare the final cover for the establishment of a vegetative or alternative cover. For the establishment of a vegetative cover, such preparation shall include, but not be limited to:

(i) Placement of appropriate species of grass seed, fertilizer and mulch or other practices to effectively establish vegetative cover.

(ii) Watering and maintenance necessary such that germination and/or established growth can reasonably be anticipated.

(iii) Implement and maintain erosion control measures by grading and reestablishing vegetative cover as needed or determined necessary.

Post signs indicating the dump site closure.
The Commissioner, if deemed necessary, based on site geology, hydrology, waste types, quantities and other pertinent factors may require the solid waste to be removed from the site and placed in an approved disposal facility. The Commissioner may also require monitoring of the site for unpermitted discharges to waters of the state as may be necessary to protect public health and the environment.
If the dump is closed on-site, the owner/operator must ensure that, within 45 days of the dump closure and prior to sale or lease of the property on which the dump is located, there is recorded a notation on the deed to the property or on some other instrument which is normally examined during title search that will in perpetuity notify any person conducting a title search, that the land has been used as a disposal facility.
If the owner or operator fails to timely comply with part 7. of this subparagraph, the Commissioner may present for recording in the office of the county register an instrument that will be in the chain of title that will in perpetuity notify any person conducting a title search that the land has been used as a disposal site.

Such notice may include the following:

(i) The name of the person who owns the property upon which the dump is located;

(ii) The book and page number in which the deed to such property is recorded; and (iii) A description of the wastes believed to be disposed on such property.

(9) Contents of the Part II Permit Application - This paragraph establishes the information that must be included in the Part II permit application in order for the Commissioner to determine the facility’s compliance with the standards of paragraphs (2) through (8) of this rule. The information requirements of this paragraph apply to applicants for permits for all Class I, II, and III disposal facilities unless the standard addressed by the information requirement does not apply to such facility.

(a) Hydrogeological Report - The Part II permit application must include a report assessing the hydrogeological characteristics of the site which meets the requirements of this subparagraph. This report shall be submitted prior to submission of the information required by subparagraph (b) of this paragraph.

The report must be prepared and certified by a qualified geologist who is registered with the State of Tennessee as required for such persons at T.C.A. § 62-36-102 or a qualified engineer who is registered with the State of Tennessee as required for such persons at T.C.A. Title 62, Chapter 2.
The report must be based on an analysis of existing data (e.g., well drillers’ logs) and site-specific soil borings and drillers’ logs or other subsurface investigations.

The soil borings performed must be of such number, locations, and depths deemed by the Commissioner to be necessary to provide a complete and accurate description of relevant subsurface conditions.

The report must include, but not necessarily be limited to, the following information:

(i) A description of the soil sampling and analytical procedures used including, but not necessarily limited to, a characterization of the soils underlying the site providing, at a minimum:

(I) Unified soil classifications;

(II) The saturated hydraulic conductivities of undisturbed samples of soils underlying the site which are to be used in meeting soil buffer requirements;

(III) The saturated hydraulic conductivity of remolded samples of soils taken from the site which are to be used in meeting liner and cover requirements; and (IV) A description of the soil sampling and analytical procedures used;

(ii) A tabulation of water table elevations (if encountered within the limits of drillings) measured at the time borings were performed and at least two additional measurements over a period of at least one week so as to allow water elevations to stabilize. If an estimation of the seasonal high water table cannot be made utilizing this data and other existing information, then the Commissioner may require water table elevations to be collected over a period up to one year.

(iii) A boundary plat locating soil borings with accurate horizontal and vertical controls which are tied to a permanent on-site bench-mark (reference elevation may be site specific). The plat must include the boundary of the proposed fill areas;

(iv) A potentiometric map of the uppermost aquifer (if such can be determined by information obtained within the limits of drilling) based on stabilized water elevations;

(v) A description of local ground water recharge and discharge features in the vicinity of the proposed landfill site and, if the Commissioner deems appropriate, a description of the regional ground water regime;

(vi) The locations of any springs and existing and abandoned wells within a one mile radius;

(vii) The locations of public water supply system intakes within a two mile radius; and (viii) A narrative summary and analysis of geological and hydrological evaluations performed as they relate to the suitability of the site for a disposal facility, and addressing in particular compliance with appropriate standards of this rule.

Undisturbed soil samples for hydraulic conductivity shall be collected in thin walled Shelby tubes per ASTM D-1587. The hydraulic conductivity shall be determined in accordance with ASTM D-5084.
Remolded soil samples for hydraulic conductivity shall be re-compacted in accordance with ASTM D-698 or ASTM D-1557. The hydraulic conductivity shall be determined in accordance with ASTM D-5084.
The report must include:

(i) A comprehensive environmental site assessment that includes an evaluation of the quality of ground water beneath the proposed facility. At a minimum, the applicant must provide analytical information for all constituents specified in regulations adopted by the board. The requirement for a comprehensive environmental assessment shall apply only to new sites for proposed solid waste disposal facilities and does not include expansions, modifications, or new units for existing permitted facilities or sites; and (ii) Proof satisfactory to the Commissioner that the geological formation of the proposed site and the design of the proposed facility are capable of containing the disposed wastes so that ground water protection standards are not exceeded.

(b) Engineering Plans - The Part II permit application must include:

Plans drawn at a scale of not less than one inch equals 100 feet, or one inch equals 200 feet if approved by the Commissioner, and with a contour interval not greater than five feet which clearly show:

(i) The proposed waste disposal areas;

(ii) The existing topography of the site and pertinent geological features (e.g., site drainage, streams, springs, sinks, outcrops);

(iii) The location(s) of the permanent on-site benchmark(s), with reference to Tennessee datum;

(iv) Planned ground water and surface water monitoring locations and the proposed compliance boundary;

(v) Soil boring locations;

(vi) The proposed excavated contours and the locations and elevations of dikes, berms, and/or trenches to be utilized in waste disposal operations or for prevention of flooding;

(vii) The location of on-site borrow areas and cover material storage areas;

(viii) The planned development of the site, illustrating the phases or progression of operational areas and parcels to be filled (with methods to be used);

(ix) How run-on will be diverted from, and run-off will be removed from, the work areas, illustrating the locations and slopes of ditches, dikes, etc., to be utilized for such diversion/removal and the directions of flow;

(x) The locations of planned temporary erosion control measures (e.g., temporary sediment basins, stone filters, terraces, silt fences) and permanent erosion control measures (e.g., permanent sediment basins, riprap, energy dissipaters, ditch stabilization, pipe drains);

(xi) The locations of all existing and proposed utilities, structures (including fences and gates), and roads;

(xii) The proposed final contours of the site and how run-off will be removed from, and run-on will be diverted from, the completed facility, illustrating the locations and slopes of ditches, drains, drop structures, etc., to be utilized for such removal/diversion and the directions of flow;

(xiii) The location of all 100-year floodplain boundaries on the site;

(xiv) The locations of leachate collection/treatment reservoirs and associated piping (if required); and (xv) The locations of all gas migration control devices or structures (if required) including gas monitoring points;

Detailed diagrams, drawn at a suitable scale, showing:

(i) Typical sections of dikes, trenches, diversion ditches, sediment basins, energy dissipaters, and other erosion and run-on/run-off control structures;

(ii) Typical sections of leachate collection/treatment reservoirs and associated piping (if required);

(iii) Typical sections of gas migration control devices and structures (if required);

(iv) Typical ground-water monitoring well installations;

(v) Typical sections of soil buffer/liner/leachate collection systems (including collection piping);

(vi) Typical sections of final cover systems (including any required cap); and (vii) Typical sections of access roads to and on the site.

Appropriate cross-sections (minimum of two per operational area), drawn at a scale of not less than one inch equals 100 feet, or may be one inch equals 200 feet if approved by the Commissioner, which clearly show:

(i) The original ground surface elevations;

(ii) The proposed excavation depths;

(iii) The proposed final elevations;

(iv) Soil borings;

(v) The configuration of the soil buffer/liner/leachate collection system, including slopes;

(vi) Typical cells and lifts and associated berms and dikes and on-site roadways;

(vii) The configuration of the final cover system (including any required cap), including slopes; and (viii) The configurations of any gas migration control features.

(c) Narrative Description of the Facility and Operations - The Part II permit application must include, with appropriate references to the engineering plans and hydrogeological report, a narrative which clearly:

Identifies the name of the individual responsible for operation and maintenance of the facility;
Describes the location of the facility using roads and highways;
Describes its compliance with all applicable buffer zone standards listed in paragraph (3) of this rule. Each buffer zone standard must be specifically addressed referencing the closest property lines, residences, wells, and bodies of water as appropriate, and maps may be attached for easy descriptions and reference or otherwise demonstrate compliance.
Describes its compliance with applicable siting requirements for fault areas.
Describes its compliance with applicable siting requirements for seismic impact zones.
Describes its compliance with applicable siting requirements for unstable areas.
Describes the barriers, signs, procedures and other measures to be used to control access to and use of the facility;
Describes the methods and sequence of operation;
Describes the types and anticipated volumes of solid wastes to be disposed of and the sources which generate the waste, and for special wastes, the physical and chemical characteristics of the wastes and any special handling procedures to be utilized;
Identifies the number of acres to be filled and the total number of acres to be permitted, including buffer zone acreage (Note: If the site is to be developed in accordance with a phased development plan, each parcel must be separately addressed. If minimum closure areas are to be utilized such proposal must be described here and delineated in the closure plans);
Describes the waste handling and covering program, to include but not necessarily be limited to, descriptions of:

(i) Unloading, spreading, and compacting operations;

(ii) The frequencies and depths of initial, intermediate, and final cover; and (iii) The cover material(s) to be utilized, including the estimated volumes to be needed (show initial, intermediate, and final earthwork calculations) and their sources and availability.

Describes the operating equipment to be utilized (including back-up equipment), and their source and availability;
Describes the structures and procedures to be used in controlling and collecting litter;
Describes how run-on and run-off collection and holding and erosion control facilities will be managed, including the disposition of collected waters and residues and a comparison of before and after flows in drainageways leaving the site;
Describes how leachate collection and holding facilities will be managed, including the disposition of collected leachate;
Describes the dust control measures to be taken and when they would be implemented;
Describes the fire safety precautions and procedures to be taken, the types and availability of on-site fire suppression equipment, and/or the arrangements made with the local fire protection agency;
Describes the facilities and services available to facility personnel, including shelter, drinking water, handwashing and toilet facilities, and communications equipment;
Describes in a construction quality assurance plan:

(i) How each new “as built” solid waste landfill unit(s) liner(s) and/or lateral expansion liner(s) and cover system(s) will be inspected and/or tested by a registered engineer as required at subparagraph (1)(c) of this rule during construction or installation for uniformity, damage, and imperfections, and (ii) How each constructed section of the liner system or final cover system will be certified by a registered engineer.

Describes how the migration of explosive gases will be controlled and monitored;
Describes the planned ground water monitoring program, to include but not necessarily be limited to, descriptions of:

(i) The number and location of wells or other monitoring points;

(ii) Monitoring well construction;

(iii) The parameters to be monitored for and the frequency they will be checked;

(iv) Sampling and analytical procedures and methods to be used; and (v) How the sampling and analytical results will be recorded and reported to the State.

Includes an engineering statement of the site flood frequency exposure and describes flood protection measures to be taken;
Describes the impacts the facility will have on endangered or threatened species of plants, fish, or wildlife or their habitat; and 24. Describes the random inspection program required under subparagraph (2)(s) of this rule.

(d) Closure/Post-Closure Plan - The Part II permit application must include a closure/postclosure plan as described in paragraph (2) of Rule 0400-11-01-.03.

APPENDIX I

CONSTITUENTS FOR GROUNDWATER MONITORING

INORGANIC CONSTITUENTS

Antimony 2. Arsenic 3. Barium 4. Beryllium 5. Cadmium 6. Chromium 7. Cobalt 8. Copper 9. Fluoride 10. Lead 11. Mercury 12. Nickel 13. Selenium 14. Silver 15. Thallium 16. Vanadium 17. Zinc ORGANIC CONSTITUENTS 18. Acetone 19. Acrylonitrile 20. Benzene 21. Bromochloromethane 22. Bromodichloromethane 23. Bromoform; Tribromomethane 24. Carbon disulfide 25. Carbon tetrachloride 26. Chlorobenzene 27. Chloroethane; Ethyl chloride 28. Chloroform; Trichloromethane 29. Dibromochloromethane; Chlorodibromomethane 30. 1,2-Dibromo-3-chloropropane; DBCP 31. 1,2-Dibromoethane; Ethylene dibromide; EDB 32. o-Dichlorobenzene; 1,2-Dichlorobenzene 33. p-Dichlorobenzene; 1,4-Dichlorobenzene 34. trans-1,4-Dichloro-2-butene 35. 1,1-Dichloroethane; Ethylidene chloride 36. 1,2-Dichloroethane; Ethylene dichloride 37. 1,1-Dichloroethylene; 1,1,-Dichloroethene; Vinylidene chloride 38. cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene 39. trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene 40. 1,2-Dichloropropane; Propylene dichloride 41. cis-1,3-Dichloropropene 42. trans-1,3-Dichloropropene 43. Ethylbenzene 44. 2-Hexanone; Methyl butyl ketone 45. Methyl bromide; Bromomethane 46. Methyl chloride; Chloromethane 47. Methylene bromide; Dibromomethane 48. Methylene chloride; Dichloromethane 49. Methyl ethyl ketone; MEK; 2-Butanone 50. Methyl iodide; Iodomethane 51. 4-Methyl-2-pentanone; Methyl isobutyl ketone 52. Styrene 53. 1,1,1,2-Tetrachloroethane 54. 1,1,2,2-Tetrachloroethane 55. Tetrachloroethylene; Tetrachloroethene; Perchloroethylene 56. Toluene 57. 1,1,1-Trichloroethane; Methylchloroform 58. 1,1,2-Trichloroethane 59. Trichloroethylene; Trichloroethene 60. Trichlorofluoromethane; CFC-11 61. 1,2,3-Trichloropropane 62. Vinyl acetate 63. Vinyl chloride 64. Xylenes

APPENDIX II

GROUND-WATER MONITORING LIST

Common Name Chemical Abstracts Service Index Name Acenaphthene Acenaphthylene, 1,2-dihydro- Acenaphthylene Acenaphthylene Acetone 2-Propanone Acetonitrile; Methyl cyanide Acetonitrile Acetophenone Ethanone, 1-phenyl 2-Acetylaminofluorene; 2-AAF Acetamide, N-9H-fluoren-2-yl- Acrolein 2-Propenal Acrylonitrile 2-Propenenitrile Aldrin 1,4:5,8-Dimethanonaphthalene, 1,2,3, 4,10,10-hexachloro-1,4,4a,5,8, 8a-hexahydro-(1a,4a,4aB,5a,8a,8aB)- Allyl chloride 1-Propene, 3-chloro- 4-Aminobiphenyl [1,1’-Biphenyl]-4-amine Anthracene Anthracene Antimony Antimony Arsenic Arsenic Barium Barium Benzene Benzene Benzo[a]anthracene; Benzantracene Benz[a]anthracene Benzo[b]fluoranthene Benz[e]acephenanthrylene Benzo[k]fluoranthene Benzo[k]fluoranthene Benzo[ghi]perylene Benz[ghi]perylene Benzo[a]pyrene Benzo[a]pyrene Benzyl alcohol Benzenemethanol Beryllium Beryllium alpha-BHC Cyclohexane, 1,2,3,4,5,6-hexachloro- (1a,2a,3B,4a,5B,6B)beta-BHC Cyclohexane, 1,2,3,4,5,6-hexachloro- (1a,2B,3a,4B,5a,6B)delta-BHC Cyclohexane, 1,2,3,4,5,6-hexachloro- (1a,2a,3a,4B,5a,6B)gamma-BHC; Lindane Cyclohexane, 1,2,3,4,5,6-hexachloro- (1a,2a,3B,4a,5a,6B)- Bis(2-chloroethoxy)methane Ethane, 1,1’-[methylenebis(oxy)]bis[2chloro- Bis(2-chloroethyl)ether Ethane, 1,1’-oxybis[2-chloro- Dichloroethyl ether Bis(2-chloro-1methylethyl)ether; Propane, 2,2’-oxybis[1-chloro- 2,2-Dichlorodiisopropyl ether;

Bis(2-ethylhexyl) phthalate 1,2-Bexenedicarboxylic acid, bis(2ethyihexyl)ester Bromochloromethane; Methane, bromochloro- Chlorobromomethane Bromodichloromethane Methane, bromodichloro- Dibromochloromethane Bromoform; Tribromomethane Methane, tribromo- 4-Bromophenyl phenyl ether Benzene, 1-bromo-4-phenoxy- Butyl benzyl phthalate; Benzyl 1,2-Benzenedicarboxylic acid, butyl butyl phthalate phenylmethyl ester Cadmium Cadmium Carbon disulfide Carbon disulfide Carbon tetrachloride Methane, tetrachloro- Chlordane 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8octachloro-2,3,3a,4,7,7a-hexahydro p-Chloroaniline Benzenamine, 4-chloro- Chlorobenzene Benzene, chloro- Chlorobenzilate Benzeneacetic acid, 4-chloro-a- (4-chlorophenyl)a-hydroxy,ethyl ester p-Chloro-m-cresol Phenol, 4-chloro-3-methyl- 4-Chloro-3-methylphenol Chloroethane; Ethyl chloride Ethane, chloro- Chloroform; Trichloromethane Methane, trichloro- 2-Chloronaphthalene Napthalene, 2-chloro- 2-Chlorophenol Phenol, 2-chloro- 4-Chlorophenyl phenyl ether Benzene, 1-chloro-4-phenoxy Chloroprene 1,2-Butadiene, 2-chloro- Chromium Chromium Chrysene Chrysene Cobalt Cobalt Copper Copper m-Cresol; 3-methylphenol Phenol, 3-methylo-Cresol; 2-methylphenol Phenol, 2-methylp-Cresol; 4-methylphenol Phenol, 4-methyl- Cyanide Cyanide 2,4-D; 2-4-Dichlorophenoxyacetic Acetic acid, (2,4-dichlorophenoxy)acid 4,4’-DDD Benzene, 1,1’-(2,2-dichloroethylidene) bis[4-chloro- 4,4’-DDE Benzene, 1,1’-(dichloroethylidene) bis[4-chloro- 4,4’-DDT Benzene, 1,1’-(2,2,2trichloroethylidene)bis[4-chloro- Diallate Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester Dibenz[a,h]anthracene Dibenz[a,h]anthracene Dibenzofuran Dibenzofuran Dibromochloromethane; Methane, dibromochloro- Chlorodibromomethane 1,2-Dibromo-3-chloropropane; DBCP Propane, 1,2-dibromo-3-chloro- 1,2-Dibromoethane; Ethane, 1,2-dibromo- Ethylene dibromide Di-n-butyl phthalate 1,2-Benzenedicarboxylic acid, dibutyl ester o-Dichlorobenzene Benzene, 1,2-dichloro- 1,2-Dichlorobenzene m-Dichlorobenzene Benzene, 1,3-dichloro- 1,3-Dichlorobenzene p-Dichlorobenzene Benzene, 1,4-dichloro- 1,4-Dichlorobenzene 3,3’-Dichlorobenzidine [1,1’-Biphenyl]-4,4’-diamine, 3,3’-dichlorotrans-1,4-Dichloro-2-butene 2-Butene, 1,4-dichloro-, (E)- Dichlorodifluoromethane Methane, dichlorodifluoro- 1,1-Dichloroethane Ethane, 1,1-dichloro- Ethyldidene chloride 1,2-Dichloroethane; Ethylene Ethane, 1,2-dichlorodichloride 1,1-Dichloroethylene; Vinylidene Ethene, 1,1-dichlorochloride 1,1-Dichloroethene cis-1,2-Dichloroethylene; Ethene, 1,2-dichloro-,(Z)cis-1,2-Dichloroethene trans-1,2-Dichloroethylene Ethene, 1,2-dichloro-, (E)trans-1,2-Dichloroethene 2,4-Dichlorophenol Phenol, 2,4-dichloro- 2,6-Dichlorophenol Phenol, 2,6-dichloro- 1,2-Dichloropropane Propane, 1,2-dichloro- Propylene dichloride 1,3-Dichloropropane; Propane, 1,3-dichloro- Trimethylene dichloride 2,2-Dichloropropane; Propane, 2,2-dichloro- Isoprophylidene chloride 1,1-Dichloropropene 1-Propene, 1,1-dichlorocis-1,3-Dichloropropene 1-Propene, 1,3-dichloro-, (Z)trans-1,3-Dichloropropene 1-Propene, 1,3-dichloro-,(E)- Dieldrin 2,7;3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a, 7,7a-octahydro-,(1aa,2B,2aa,3B,5B, 6aa,7B,7aa)- Diethyl phthalate 1,2-Benzenedicarboxylic acid, diethyl ester O,O-Diethyl O-2-pyrazinyl phos- Phosphorothioic acid, O,O-diethyl phorothioate; Thionazin O-pyrazinyl ester Dimethoate Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester p-(Dimethylamino)azobenzene Benzenamine, N,N-dimethyl-4-(phenylazo)- 7,12-Dimethylbenz[a]anthracene Benz[a]anthracene, 7,12-dimethyl- 3,3’-Dimethylbenzidine [1,1’-Biphenyl]-4,4’-diamine, 3,3’dimethyl- 2,4-Dimethylphenol; m-xylenol Phenol, 2,4-dimethyl- Dimethyl phthalate 1,2-Benzenedicarboxylic acid, dimethyl ester m-Dinitrobenzene Benzene, 1,3-dinitro- 4,6-Dinitro-o-cresol; 4,6-Dinitro2- Phenol, 2-methyl-4,6-dinitromethylphenol 2,4-Dinitrophenol Phenol, 2,4-dinitro- 2,4-Dinitrotoluene Benzene, 1-methyl-2,4-dinitro- 2,6-Dinitrotoluene Benzene, 2-methyl-1,3-dinitro- Dinoseb; DNBP; 2-sec-Butyl-4,6- Phenol, 2-(1-methylpropyl)-4,6-dinitrodinitrophenol Di-n-octyl phthalate 1,2-Benezenedicarboxylic acid, dioctyl ester Diphenylamine Benzenamine, N-phenyl- Disulfoton Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester Endosulfan I 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9, 9a-hexahydro-,3-oxide, Endosulfan II 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9, 9a-hexahydro-,3-oxide, (3a,5aa,6B, 9B,9aa)- Endosulfan sulfate 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9, 9a-hexahydro-,3,3-dioxide Endrin 2,7;3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6, 6a,7,7a-octahydro-,(1aa,2B,2aB,3a, 6a, 6aB,7B,7aa)- Endrin aldehyde 1,2,4-Methenocyclopental[cd]pentalene- 5-carboxal-dehyde,2,2a,3,3,4,7hexachlorodecahydro-,(1a,2B,2aB, 4B,4aB,5B,6aB,6bB,7R*)- Ethylbenzene Benzene, ethyl- Ethyl methacrylate 2-Propenoic acid, 2-methyl-, ethyl ester Ethyl methanesulfonate Methanesulfonic acid, ethyl ester Famphur Phosphorothioic acid, O-[4]

(dimethylamino)sulfonyl[phenyl]- O,O-dimethyl ester Fluoranthene Fluoranthene Fluorene 9H-Fluorene Heptachlor 4,7-Methano-1H-indene, 1,4,5,6,7,8,8heptachloro-3a,4,7,7a-tetrahydro- Heptachlor epoxide 2,5-Methano-2H-indeno[1,2b]oxirene, 2,3,4,5,6,7,7-heptachloro-1a,1b, 5,5a,6,6a-hexahydro-,(1aa,1bB, 2a,5a,5aB,6B,6aa)

Hexachlorobenzene Benzene,hexachloro- Hexachlorobutadiene 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- Hexachlorocyclopentadiene 1,3-Cyclopentadiene, 1,2,3,4,5,5hexachloro- Hexachloroethane Ethane, hexachloro- Hexachloropropene 1-Propene, 1,1,2,3,3,3-hexachloro- 2-Hexanone 2-Hexanone Methyl butyl ketone Indeno[1,2,3-cd]pyrene Indeno[1,2,3-cd]pyrene Isobutyl alcohol 1-Propane, 2-methyl- Isodrin 1,4,5,8-Dimethanonaphthalene, 1,2,3, 4,10,10-hexachloro-,1,4,4a,5,8,8ahexahydro-(1a,4a,4aB,5B,8B,8aB)- Isophorone 2-Cyclohexen-1-one, 3,5,5-trimethyl Isosafrole 1,3-Benzodioxole, 5-(1-propenyl)- Kepone 1,3,4-Metheno-2H-cyclobuta[cd]pentalen- 2-one,1,1a,3,3a,4,5,5a,5b,6decachlorooctahydro- Lead Lead Mercury Mercury Methacrylonitrile 2-Propanenitrile, 2-methyl- Methapyrilene 1,2-Ethanediamine, N,N-dimethyl-N’- 2-pyridinyl-N’-(2-thienylmethyl)- Methoxychlor Benzene, 1,1’-(2,2,2trichloroethylidene)bis[4methoxy- Methyl bromide; Bromomethane Methane, bromo- Methyl chloride; Chloromethane Methane, chloro- 3-Methylcholanthrene Benz[j]aceanthrylene, 1,2-dihydro-3methyl- Methyl ethyl ketone; MEK: 2-Butanone 2-Butanone Methyl iodide; Methane, iodoiodomethane Methyl methacrylate 2-Propenoic acid, 2-methyl-, methyl ester Methyl methanesulfonate Methanesulfonic acid, methyl ester 2-Methylnaphthalene Naphthalene, 2-methyl- Methyl parthion; Parathion methyl Phosophorothioic acid, O,O-dimethyl O-(4-nitrophenyl) ester 4-Methyl-2-pentanone; Methyl 2-Pentanon, 4-methylisobutyl ketone Methylene bromide; Dibromomethane Methane, dibromo- Methylene chloride; Methane, dichloro- Dichloromethane Naphthalene Naphthalene 1,4-Naphthoquinone 1,4-Naphthalenedione 1-Naphthylamine 1-Naphthalenamine 2-Naphthylamine 2-Naphthalenamine Nickel Nickel o-Nitroaniline; 2-Nitroaniline Benzenamine, 2-nitrom-Nitroaniline; 3-Nitroaniline Benzanamine, 3-nitrop-Nitroaniline; 4-Nitroaniline Benzenamine, 4-nitro- Nitrobenzene Benzene, nitroo-Nitrophenol; 2-Nitropherol Phenol, 2-nitro p-Nitrophenol; 4-Nitrophenol Phenol, 4-nitro- N-Nitrosodi-n-butylamine 1-Butanamine, N-butyl-N-nitroso- N-Nitrosodiethylamine Ethanamine, N-ethyl-N-nitroso- N-Nitrosodimethylamine Methamine, N-methyl-N-nitroso- N-Nitrosodiphenylamine Benzenamine, N-nitroso-N-phenyl- N-Nitrosodipropylamine; Di-n-propyl- 1-Propanamine, N-nitroso-N-propyl nitrosamine; N-Nitroso-Ndipropylamine N-Nitrosomethylethylamine Ethanamine, N-methyl-N-nitroso- N-Nitrosomorpholine Morpholine, N-nitroso- N-Nitrosopiperidine Piperidine, 1-nitroso- N-Nitrosopyrrolidine Pyrrolidine, 1-nitroso- 5-Nitro-o-toluidine Benzenamine, 2-methyl-5-nitro- Parathion Phosphorothioic acid, O,O-diethyl- O-,(4-nitrophenyl) ester Pentachlorobenzene Benzene, pentachloro- Pentachloronitrobenzene Benzene, pentachloronitro- Pentachlorophenol Phenol, pentachloro- Phenacetin Acetamide, N-(4-ethoxyphenyl)- Phenanthrene Phenanthrene Phenol Phenol p-Phenylenediamine 1,4-Benzenediamine Phorate Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester Polychlorinated biphenyls; PCBs 1,1’-Biphenyl, chloro derivatives Aroclors Pronamide Benzamide, 3,5-Dichloro-N-(1,1dimethyl-2-propynyl)- Propionitole; Ethyl cyanide Propanenitole Pyrene Pyrene Safrole 1,3-Benzodioxole, 5-(2-propenyl)- Selenium Selenium Silver Silver Silvex; 2,4,5-TP Propanoic acid, 2-(2,4,5trichlorophenoxy)- Styrene Benzene, ethenyl- Sulfide Sulfide 2,4,5-T; 2,4,5-Trichlorophenoxy- Acetic acid, (2,4,5acetic acid trichlorophenoxy)- 1,2,4,5-Tetrachlorobenzene Benzene, 1,2,4,5-tetrachloro- 1,1,1,2-Tetrachloroethane Ethane, 1,1,1,2-tetrachloro- 1,1,2,2-Tetrachloroethane Ethane, 1,1,2,2-tetrachloro- Tetrachloroethylene; Ethene, tetrachloro- Tetrachlorothene Perchloroethylene; 2,3,4,6-Tetrachlorophenol Phenol, 2,3,4,6-tetrachloro- Thallium Thallium Tin Tin Toluene Benzene, methylo-Toluidine Benzenamine, 2-methyl- Toxaphene Toxaphene 1,2,4-Trichlorobenzene Benzene, 1,2,4-trichloro- 1,1,1-Trichloroethane; Ethane, 1,1,1-trichloro- Methylchloroform 1,1,2-Trichloroethane Ethane, 1,1,2-trichloro- Trichloroethylene; Ethene, trichloro Trichloroethene Trichlorofluoromethane Methane, trichlorofluoro- 2,4,5-Trichlorophenol Phenol, 2,4,5-trichloro- 2,4,6-Trichlorophenol Phenol, 2,4,6-trichloro- 1,2,3-Trichloropropane Propane, 1,2,3-trichloro- O,O,O-Triethyl phosphorothioate Phosphorothioic acid, O,O,Otriethyl ester sym-Trinitrobenzene Benzene, 1,3,5-trinitro- Vanadium Vanadium Vinyl acetate Acetic acid, ethenyl ester Vinyl Chloride; Chloroethene Ethene, chloro- Xylene (total) Benzene, dimethyl- Zinc Zinc

Appendix III Contaminant Maximum Contaminant Level Inorganic Chemicals in Milligrams/Liter Antimony 0.006 Arsenic 0.01 Barium 2.0 Beryllium 0.004 Cadmium 0.005 Chromium ( total) 0.1 Fluoride 4.0 Lead 0.015 Mercury 0.002 Nickel 0.1 Nitrate 10.0 Selenium 0.05 Silver 0.1 Thallium 0.002 Volatile Organic Chemicals Benzene 0.005 Carbon Tetrachloride 0.005 1,2-Dichloroethane 0.005 1,1-Dichloroethylene 0.007 cis-1,2-Dichloroethylene 0.07 trans-1,2,-Dichloroethylene 0.1 O-Dichlorobenzene 0.6 1,4-Dichlorobenzene 0.075 Dichloromethane (methylene chloride) 0.005 1,2-Dichloropropane 0.005 Ethylbenzene 0.7 Monochlorobenzene 0.1 Styrene 0.1 Tetrachlorethylene 0.005 Toluene 1.0 1,1,1-Trichloroethane 0.20 1,1,2-Trichloroethane 0.005 Trichloroethylene 0.005 Trihalomethanes (total) 0.1 Vinyl Chloride 0.002 Xylenes 10.0 Organic Chemicals Alachlor 0.002 Aldicarb 0.003 Aldicarb sulfoxide 0.004 Aldicarb sulfone 0.002 Atrazine 0.003 Benzo(a)pyrene 0.0002 Carbofuran 0.04 Chlordane 0.002 2,4-D 0.07 Dalapon 0.2 1,2-Dibromo-3-chloropropane 0.0002 Di (ethylhexy)adipate 0.4 Di (ethylhexyl)phthalate 0.006 Dinoseb 0.007 Diquat 0.02 Endothall 0.1 Endrin 0.002 Ethylene dibromide 0.00005 Glyphosate 0.7 Heptachlor 0.0004 Heptachlor epoxide 0.0002 Hexachlorobenzene 0.001 Hexachlorocyclopentadiene (HEX) 0.05 Lindane 0.0002 Methoxychlor 0.04 Oxamyl (Vydate) 0.2 Pentachlorophenol 0.001 Picloram 0.5 Polychlorinated biphenyls (PCB) 0.0005 Simazine 0.004 Toxaphene 0.003 2,4,5 TP (Silvex) 0.05 1,2,4-Trichlorobenzene 0.07 Action level concentration obtained from TN Division of Water Supply part (1)(c)1. of Rule 1200-05-01- .33.

MCL value obtained from TN Division of Water Supply part (1)(b)11. of Rule 1200-05-01-.06.

MCL value obtained from TN Division of Water Supply subparagraph (1)(n) of Rule 1200-05-01-.12.

(EPA Secondary Drinking Water Standard)

All other values are MCLs currently applicable under the National Primary Drinking Water Regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-13-111; 68-211-101, et seq.; 68-211-701, et seq.; and 68-211- 801, et seq.; and Chapter 169 of the Private Acts of 1990.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Amendments filed December 18, 2012; effective March 18, 2013. Amendments filed October 1, 2019; effective December 30, 2019. Amendments filed April 16, 2025; effective July 15, 2025.

Tenn. Comp. R. & Regs. 0400-11-01-.02 PERMITTING OF SOLID WASTE STORAGE, PROCESSING, AND DISPOSAL

FACILITIES.

(1) General (a) Purpose - The purpose of this rule is to establish the procedures, documentation, and other requirements which must be met in order for a person to be permitted to operate a solid waste storage, processing or disposal facility in Tennessee.

(b) Scope/Applicability 1. The requirements of this rule apply as specified to operators of facilities in Tennessee. Except as otherwise provided in this rule, no facility can lawfully store, process, or dispose of solid waste unless the operator has a permit.

Each classification of disposal, processing, or transfer facility on a site must have a separate permit. However, a processing facility may have more than one unit.
The following facilities or practices are not subject to the requirement to have a permit:

(i) Disposal of septic tank pumpings;

(ii) Junkyards;

(iii) Reclamation of surface mines;

(iv) Disposal of farming wastes at facilities which are on the site of generation and with a fill area of less than one acre in areal extent when completed;

(v) Disposal of landscaping and land clearing wastes at facilities which are on the site of generation and with a fill area of less than one acre in areal extent when completed;

(vi) Disposal of construction/demolition wastes at facilities which are on-site of generation and with a fill area of less than one acre in areal extent when completed;

(vii) Burning solid wastes for energy recovery or processing solid wastes to produce a fuel or processing solid waste for materials recovery, provided such burning or processing occurs on the site of generation or at a site owned or operated by the same corporation or subsidiaries of such corporation;

(viii) Processing or disposal of solid wastes at hazardous waste management facilities authorized by permit or interim status under Rule 0400-12-01-.07, or management of solid waste that is regulated under Chapter 0400-12-01;

(ix) Baling, shredding, and mechanical or other processing of solid waste on the site of generation or at a site owned or operated by the same corporation or subsidiaries of such corporation;

(x) Processing of industrial wastewaters in on-site facilities subject to

regulation under T.C.A. §§ 69-3-101 et seq.;

(xi) Processing or disposal of the following materials:

(I) Domestic sewage and any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned wastewater treatment works for treatment;

(II) Industrial wastewater discharges that are point source discharges subject to permits under T.C.A. §§ 69-3-101 et seq.;

(III) Irrigation return flows;

(IV) Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.);

(V) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process;

(VI) Farming wastes which are returned to the soil as fertilizers; and (VII) Mining overburden returned to the mine site;

(xii) Processing or disposal of solid wastes by deep underground injection which are permitted under the Water Quality Control Act of 1977 and

Chapter 0400-45-06 Underground Injection Control.

(xiii) The use of solely natural rock, dirt, stumps, pavement, concrete and rebar, and/or brick rubble as fill material.

(xiv) The processing of waste tires at facilities that are permitted or otherwise authorized by this chapter to store and/or dispose of waste tires.

(xv) The storage of solid waste that is recyclable material incidental to its recycling, reuse, reclamation, or salvage provided that upon request of the Commissioner, the operator demonstrates to the satisfaction of the Commissioner that there is a viable market for all stored waste and provided that all waste is stored in a manner that minimizes the potential for harm to the public and the environment. Recyclable material may not be stored for more than one year without written approval from the Division.

(xvi) The storage of solid waste incidental to its collection. (The storage of solid waste at permitted facilities and permit-by-rule facilities and storage in a manner constituting disposal are not exempt from permitting requirements).

(xvii) The collection of “used oil” and/or the processing of used oil filters, provided that the used oil and/or filters are received directly from “do-ityourselfers” as the terms are defined at T.C.A. § 68-211-1002.

(xviii) The processing of landscaping or land clearing wastes or unpainted, unstained, and untreated wood into mulch.

(xix) The land application of both publicly owned treatment works water sludges and publicly owned treatment works wastewater sludges from facilities that are subject to regulatory standards of the Department’s Division of Water Resources.

(xx) The burning of natural and untreated wood, landscaping wastes, landclearing wastes in either an air curtain destructor or by open burning.

(xxi) The beneficial use of waste, which does not constitute disposal, that the generator demonstrates, to the satisfaction of the Commissioner, is not detrimental to public health, safety, or the environment.

(xxii) Recovered materials processing facilities provided all the following conditions are met:

(I) Prior to commencing operations, the owner or operator notifies the Commissioner on forms provided by the Department and completed in accordance with the instructions accompanying the forms, which include:

I. The facility name, owner, operator, mailing and location address;

II. The type(s) of material to be received;

III. The maximum storage capacity at the facility for the storage of each material identified in subitem II. of this item;

IV. A general description of the recovered materials processing operation; and V. Any information requested by the Commissioner to determine the amount of financial assurance needed, if any, pursuant to item (VII) of this subpart;

(II) Prior to implementing a change in ownership, location, type of material received, increase in storage capacity for a material, or method of processing, the owner or operator:

I. Notifies the Commissioner of the proposed change by submitting updated forms in accordance with item (I) of this

subpart; and II. Complies with item (VII) of this subpart;

(III) All materials arriving at the facility to be processed are recovered materials as defined in paragraph (2) of Rule 0400-11-01-.01;

(IV) The owner or operator manages all solid waste generated as a result of recovered materials processing from the point of generation and provides for its proper management in accordance with the requirements of this chapter;

(V) The owner or operator manages the recovered material(s) and/or product(s) produced as a valuable commodity(ies) while it is under the owner or operator’s control and minimizes:

I. The propagation, harborage, or attraction of flies, rodents, or other disease vectors;

II. The potential for explosions or uncontrolled fires;

III. The potential for releases of recovered materials or process residues to the environment except in a manner authorized by state and local air pollution control, water pollution control, and/or waste management agencies; and IV. The potential for harm to the public through unauthorized or uncontrolled access;

(VI) Upon request of the Commissioner, the owner or operator timely demonstrates, to the satisfaction of the Commissioner, that there is a viable market for the sale of, or a use or reuse of, the recovered material;

(VII) Upon request of the Commissioner, after the Commissioner receives the initial notification pursuant to item (I) of this subpart or a change in the information pursuant to item (II) of this subpart, the owner or operator timely files with the Commissioner a financial assurance instrument that complies with subparagraph (3)(d) of Rule 0400-11- 01-.03 in an amount determined by the Commissioner to be sufficient to ensure proper closure and post-closure care of the facility, after taking into consideration the potential value of the recovered materials and the cost for an independent third party to remove for proper management all of the recovered materials to be stored or processed based on the maximum extent of facility operation;

(Note: Financial assurance will not be required for recovered materials processing facilities that are government-owned or if the value of the recovered materials is more than the cost for an independent third party to remove for proper management all of the recovered materials to be stored or processed assuming the maximum extent of facility operation.)

(VIII) The owner or operator maintains the records necessary to demonstrate:

I. Compliance with items (III), (IV), and (VI) of this subpart; and II. That the maximum storage capacity at the facility for the storage of each recovered material has not been exceeded; and (IX) If applicable, in accordance with T.C.A. § 68-211-871 and subparagraph (5)(c) of Rule 0400-11-01-.09, the owner or operator submits an annual report by type of material by March 1 of each year in a manner directed by the Commissioner.

The Commissioner may issue or deny a permit for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility.
No permit or other authorization shall be issued or renewed by the Division of Solid Waste Management pursuant to this Chapter until all fees and/or penalties owed by the applicant to the Division are paid in full, unless a time schedule for payments has been approved and all payments are current or contested fees or penalties are under appeal.

(c) Coordinating Local Approval with Review of Permits and Permits by Rule 1. Regional Approval under T.C.A. Title 68, Chapter 211, Part 8.

(i) T.C.A. subdivision 68-211-814(b)(2) provides that an applicant for a permit for construction or expansion of a municipal solid waste landfill or incinerator must submit a copy of the application to the municipal solid waste region at or before the time the application is submitted to the department. It also requires the region to render a decision within 90 days of receipt of a complete application. Finally, it states that if the region rejects the application, the department shall not issue the permit unless it finds that the region’s decision was arbitrary and capricious and unsupported in the record developed before the region.

(ii) A person applying to the department for a permit for construction or expansion of a municipal solid waste landfill or incinerator must submit documentation to the department within 120 days of its submittal of a complete application to the region that shall include:

(I) Evidence of the date on which it submitted its application to the region;

(II) A copy of a notice that the application was determined to be complete by the region, if one was issued; and (III) A copy of the decision of the region or a notarized statement that the region failed to act within the 90 days after receipt of a complete application as provided by T.C.A. subsection 68-211-814(b).

(iii) Only for purposes of subparts (i) and (ii) of this part, “application” or “complete application” shall mean:

(I) I. For an incinerator, a copy of the notification required by subparagraph (2)(c) of this rule that contains the information required by subparts (2)(c)2.(i) through (v) of this rule; and II. For a landfill, a copy of the Part 1 application required by

subpart (3)(c)1.(i) of this rule; and (II) Other information which the region may reasonably require for its purposes of determining whether a proposed landfill or incinerator is consistent with the region’s solid waste plan.

Local Approval under T.C.A. Title 68, Chapter 211, Part 7 (i) T.C.A. Title 68, Chapter 211, Part 7, known as the “Jackson Law,” authorizes counties and municipalities to opt-into its provisions in accordance with T.C.A. § 68-211-707. If a local government does so, it may then approve or disapprove the proposed new construction for solid waste disposal by landfilling and solid waste processing facilities in accordance with T.C.A. § 68-211-704. For purposes of T.C.A. § 68-211- 105(h), a “new landfill for solid waste disposal” or a “new solid waste landfill” means any of the following:

(I) A solid waste landfill that received a tentative decision from the department to issue a permit after June 2, 1989 (the date the Jackson Law went into effect);

(II) A lateral expansion (a modification that expands the previously permitted footprint) of a solid waste landfill described in item (I) of this part; and (III) A solid waste landfill described in item (I) of this part whose owner or operator proposes to accept waste that would require a change of the landfill’s classification under this chapter to a classification with higher standards (i.e., from a Class III/IV landfill to a Class I or II landfill, or from a Class II to a Class I).

(ii) The Jackson Law does not apply to facilities that existed on June 2, 1989 (the date the Jackson Law went into effect) and it does not apply to an expansion of those facilities. Facilities that existed on June 2, 1989 include those that had received from the department a tentative decision to issue the facility a permit.

(iii) The Jackson Law does not apply to any private landfill that accepts solid waste solely generated by its owner if the waste is solely generated within the county where the landfill is located and if the private landfill does not accept county or municipal solid waste or ordinary household garbage.

(iv) If a local government(s) has not adopted the Jackson Law prior to the date the department issues public notice of a tentative decision to issue a permit, then the Jackson Law does not apply to that permitting process.

Public Acts 1989, Chapter 515, Section 13 provides that the Jackson Law shall only be applicable to any permit application for which a tentative approval/determination has not been public noticed.

(Note: A current list of local governments that have adopted the Jackson Law can be found on the department’s website.)

(v) The department shall not review or approve a notification for a solid waste processing facility or an application for a new solid waste landfill that is proposed to be located within jurisdictions that have adopted the Jackson Law until the application or notification for a processing facility permit by

rule is approved pursuant to T.C.A. § 68-211-704.

(vi) Within jurisdictions in which the Jackson Law is applicable, any person seeking department review and approval of an application for a new solid waste landfill permit, shall provide:

(I) Documentation to the department that the applicant submitted plans for the new solid waste landfill to the local government(s) in compliance with T.C.A. § 68-211-701 and that those plans included information about the following {T.C.A. subsection 68-211-704(b)}:

I. The type of waste to be disposed of at the landfill;

II. The method of disposal to be used at the landfill (including a drawing, map, or aerial photograph showing the location and maximum dimensions of the proposed landfill or landfill expansion);

III. The projected impact on surrounding areas from noise and odor created by the proposed landfill;

IV. The projected impact on property values on surrounding areas created by the proposed landfill;

V. The adequacy of existing roads and bridges to carry the increased traffic projected to result from the proposed landfill;

VI. The economic impact on the county, city or both;

VII. The compatibility with existing development or zoning plans; and VIII. Any other factor which may affect the public health, safety or welfare.

(II) A copy of the public notice issued by the local government(s) required by T.C.A. subsection 68-211-703(a);

(III) Evidence that the signs required by T.C.A. subsection 68-211-703(h) were erected;

(IV) The date of any public hearing held; and (V) Evidence of approval by the local government(s).

(vii) For solid waste processing facilities that are proposed to be located within jurisdictions in which the Jackson Law is applicable, any person seeking a permit by rule authorization for a new solid waste processing facility or a lateral expansion of a facility (a modification that expands the previously permitted footprint) shall provide:

(I) Documentation to the department that the applicant submitted a copy of the notification required by subparagraph (2)(c) of this rule that contains the information required by subparts (2)(c)2.(i) through (v) of this rule for the proposed new solid waste processing facility or lateral expansion of a solid waste processing facility to the local government(s) in compliance with T.C.A. § 68-211-701 and that the notification included information about the following:

I. The type of waste to be processed;

II. The method of processing;

III. The projected impact on surrounding areas from noise and odor;

IV. The projected impact on property values on surrounding areas;

V. The adequacy of existing roads and bridges to carry the increased traffic projected to result from the proposed facility;

VI. The economic impact on the county, city, or both;

VII. The compatibility with existing development or zoning plans; and VIII. Any other factor that may affect the public health, safety, or welfare.

(II) Evidence of approval by the local government(s).

Local Approval under Tennessee Private Acts, 1990, Chapter 210 (i) Section 1 of Chapter 210 of the Private Acts of 1990 provides that no permit may be issued for a new solid waste landfill or processing facility in Lewis County if the application was submitted by a county or municipality outside Lewis County, unless the legislative body of Lewis County approves it.

(ii) Any county or municipality outside of Lewis County that applies to the department for a permit for a new landfill in Lewis County shall include with the application documentation that the legislative body of Lewis County was aware of and approved the landfill and the location and maximum dimensions of the proposed landfill or landfill expansion.

(iii) Any county or municipality outside of Lewis County that applies to the department for a permit for a new processing facility, or a notification for a permit by rule for a new processing facility shall include with the application or notification documentation that the legislative body of Lewis County was aware of and approved the processing facility.

Public Notice of Drilling in Certain Counties, including Bledsoe, Lawrence, and Lewis (i) T.C.A. subsection 68-211-106(g) requires that, in the counties named or described in subpart (ii) of this part, any person applying for a permit for a solid waste processing or disposal facility for which core drilling is required must notify the department 45 days before the drilling and shall give public notice 30 days before the drilling. It also requires the applicant to include a copy of the public notice in the permit application to the department and mandates that the application be denied if any of these provisions is not met.

(Note: This chapter does not require core drilling for any processing facilities.)

(ii) The requirements of subpart (i) of this part apply in any county whose population is not less than 9,650 and not more than 9,750 and not less than 34,075 and not more than 34,175 in the 1980 federal census or any subsequent federal census. In 1980, these population brackets applied to Lewis and Lawrence Counties. In 1990 Bledsoe County was in the smaller bracket so this law now applies in Bledsoe County. It would also apply to any other county whose population is within those brackets in any future federal census.

(iii) In Bledsoe, Lawrence, and Lewis Counties, and any other county with a population in a future federal census that falls within the brackets stated in

subpart (ii) of this part, the applicant for any permit for a solid waste disposal facility that requires core drilling shall include with the application a copy of the public notice that was given that shows the date it was published.

(2) Permits by Rule (a) Except as specifically allowed in part 1. of this subparagraph, the owner or operator of the facilities or activities listed in parts (b)1. through 7. of this paragraph shall be deemed permitted and are authorized to operate upon receipt of a written authorization from the Commissioner.

Owners or operators of existing facilities or activities listed in parts (b)1. through 7. of this paragraph authorized to manage solid waste and operating on the effective date of these rules may continue to operate the facility or activity consistent with the notification, including the written narrative and any required attachments, currently on file with the Department, until the owner or operator:

(i) Is required by the Commissioner to comply with subparagraph (c) of this paragraph by submitting a complete updated notification by the date required by the Commissioner; and (ii) Receives a new written authorization from the Commissioner.

Owners or operators of facilities or activities seeking a written authorization from the Commissioner after the effective date of these rules must:

(i) Satisfy the requirements of parts 4. through 8. of this subparagraph if applicable;

(ii) Obtain all necessary prior approvals in accordance with subparagraph (1)(c) of this rule;

(iii) Submit a complete notification in compliance with the requirements of subparagraph (c) of this paragraph; and (iv) Pay all applicable fees as required by Rule 0400-11-01-.07.

After receiving a written authorization from the Commissioner, pursuant to part 1. or 2. of this subparagraph, the owner or operator must:

(i) As provided in subparagraph (d) of this paragraph, comply with the requirements of this paragraph, as applicable to the owner’s or operator’s facility or activity, as well as any recordkeeping requirements specified in the written authorization deemed necessary by the Commissioner after reviewing the written narrative and any required attachments to the notification that document site specific compliance with this paragraph;

(ii) Operate the facility or activity consistent with the notification submitted in accordance with part (c)2. of this paragraph;

(iii) Notify the Commissioner of any substantive changes in the information submitted pursuant to part (c)2. of this paragraph, including but not limited to a change in ownership, location, type of material received, storage capacity for a material, and method of processing, and receive an amended written authorization from the Commissioner prior to implementing the change;

(iv) Keep the following records at the facility or at another location approved by the Commissioner:

(I) The written authorization from the Commissioner;

(II) The notification information submitted to comply with subpart 2.(iii) of this subparagraph and subpart (iii) of this part; and (III) Any records specifically required by subparagraphs (b) and (c) of this paragraph, and as specifically required by the Commissioner in the written authorization, from the date the record is generated;

(v) Upon the request of the Commissioner, furnish any records required by

subpart (iv) of this part and make them available at all reasonable times for inspection; and (vi) Pay all applicable fees as required by Rule 0400-11-01-.07.

New solid waste processing facilities, tire storage facilities, and transfer stations must not be located in wetlands, unless the owner or operator makes the applicable demonstrations to the Commissioner as referenced at subparagraph (2)(p) of Rule 0400-11-01-.04.
Solid waste processing facilities, tire storage facilities, and transfer stations must not be located in a 100-year floodplain unless it is demonstrated to the satisfaction of the Commissioner that:

(i) Location in the floodplain will not restrict the flow of the 100-year flood nor reduce the temporary water storage capacity of the floodplain; and (ii) The facility is designed, constructed, operated, and maintained to prevent washout of any solid waste.

Solid waste processing facilities, tire storage facilities, and transfer stations must not:

(i) Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or (ii) Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.

An owner or operator proposing a new solid waste processing facility or a transfer station that handles putrescible wastes located within 10,000 feet (3,048 meters) of any airport runway end used by turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end used only by piston-type aircraft must demonstrate to the satisfaction of the Commissioner that the facility does not pose a bird hazard to aircraft.
An owner or operator proposing a new solid waste processing facility or a transfer station that handles putrescible wastes located within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft must notify the affected airport and the appropriate Federal Aviation Administration (FAA) office.
While authorized to operate under this paragraph, the owner or operator is exempt from the requirements of the following paragraphs of this rule: (3)

(Application for a Permit), (4) (Processing the Permit), and (6) (Transfer, Modification, Revocation and Reissuance, and Termination of Permits), and from Rules 0400-11-01-.03 (Requirements for Financial Assurance) and 0400-11-01- .04 (Specific Requirements for Class I, II, III, and IV Disposal Facilities), except to the extent these paragraphs or rules are otherwise referenced by this paragraph.

(b) Permit by rule eligible facilities or activities.

Solid waste processing facilities.

(i) Except as specified in subpart (iv) of this part, an owner or operator of a solid waste processing facility shall:

(I) Construct, operate, maintain, and close the facility in such a manner as to minimize:

I. The propagation, harborage, or attraction of flies, rodents, or other disease vectors;

II. The potential for explosions or uncontrolled fires;

III. The potential for releases of solid wastes or solid waste constituents to the environment except in a manner authorized by state and local air pollution control, water pollution control, and/or waste management agencies; and IV. The potential for harm to the public through unauthorized or uncontrolled access;

(II) Ensure that the facility has an artificial or natural barrier which completely surrounds the facility and a means to control entry, at all times, through the gate or other entrances to the facility;

(III) Ensure that the facility, if open to the public, has clearly visible and legible signs at the points of public access which indicate the hours of operation, the general types of waste materials that either will or will not be accepted, emergency telephone numbers, schedule of charges (if applicable), and other necessary information;

(IV) Ensure that the facility has trained personnel present during operating hours;

(V) Ensure that the facility has adequate sanitary facilities, potable water, emergency communications (e.g., telephone), and shelter available for personnel;

(VI) Ensure that the facility has access road(s) and parking area(s) constructed so as to be accessible in all weather conditions;

(VII) Restrict all waste handling (including loading and unloading) at the facility to paved surfaces;

(VIII) Restrict the storage of solid wastes at the facility to containers, bins, lined pits or on paved surfaces, designated for such storage;

(IX) Not burn solid wastes at the facility;

(X) Prohibit scavenging of solid wastes at the facility and limit any salvaging to safe, designated areas and times;

(XI) Ensure that wind dispersal of solid wastes at or from the facility is adequately controlled, and that windblown litter and other loose, unconfined solid wastes are collected daily and properly disposed;

(XII) Ensure that all liquids which either drain from solid wastes or are created by washdown of equipment at the facility are collected and directed to either:

I. A wastewater treatment facility permitted to receive such wastewaters under T.C.A. §§ 69-3-101 et seq. (Tennessee Water Quality Control Act), or II. Other methods approved by the Commissioner.

(XIII) Ensure that special wastes are not received, unless:

I. Such receipt has been specifically approved in writing by the Commissioner, and II. Special procedures and/or equipment are utilized to adequately confine and segregate the special wastes;

(XIV) Have alternative arrangements (e.g., contracts with other facilities) for the proper processing or disposal of the solid wastes authorized to be managed at the facility in the event the facility cannot operate;

(XV) Properly maintain and locate fire suppression equipment (e.g., fire extinguishers, water hoses) and make the equipment continuously available in sufficient quantities to control accidental fires that may occur;

(XVI) Manage all waste residues resulting from processing activities at the (Hazardous Waste Management), whichever is applicable, and/or with any other applicable state or federal regulations governing waste management;

(XVII) Install the processing equipment on-site and ensure it is ready for use before accepting solid waste for storage or processing;

(XVIII)Prior to receiving solid waste for processing, or within 90 days of the effective date of these rules, if authorized and operating on the effective date of these rules:

I. File with the Commissioner a performance bond or equivalent cash or securities, payable to the State of Tennessee in an amount determined by the Commissioner to be sufficient to ensure the proper operation, closure, and post closure care of the facility;

II. Submit financial assurance instruments that are specified in subparagraph (3)(d) of Rule 0400-11-01-.03; and III. Ensure that the financial assurance meets the criteria set forth in T.C.A. § 68-211-116(a), and complies with subparagraph (3)(b) of Rule 0400-11-01-.03.

(XIX) Maintain records documenting the amounts of the different types of solid waste at the facility, including, but not limited to, the amounts stored to be processed, in process, and that have completed processing, in order to determine processing completion within one year.

(ii) When closing the facility, the owner or operator of a processing facility shall:

(I) Remove all solid wastes and solid waste residues for proper disposal; and (II) Notify the Commissioner in writing of the completion of closure of the facility and include a certification that the facility has been closed by removal of all the solid waste and residues.

(iii) Within 21 days of the receipt of the certification of closure notice submitted by an owner or operator in accordance with item (ii)(II) of this part, the Commissioner will inspect the facility to verify that closure has been completed to the satisfaction of the Commissioner. Within 10 days of such verification, the Commissioner will approve the closure in writing to the operator. Closure shall not be considered final and complete until such approval has been made.

(iv) Item (i)(IX) of this part does not apply to incinerators or energy recovery units.

Reserved.
Tire storage facilities.

An owner or operator of a tire storage facility must:

(i) Not operate a tire storage facility in a county where the county legislative body owns or operates a permitted Class I, Class III, or Class IV facility which is accepting waste tires;

(ii) Construct, operate, maintain, and close the facility in a manner consistent with items (2)(k)3.(i)(I) and (II) of Rule 0400-11-01-.04;

(iii) Comply with items 1.(i)(II), (III), (IV), (V), (VI), (IX), (X), (XII), (XIII), and (XVI) of this subparagraph, and item 1.(ii)(I) of this subparagraph;

(iv) Provide, properly maintain, and make accessible fire suppression equipment capable of extinguishing a tire fire, such as fire extinguishers, and make the equipment continuously available in sufficient quantities to control accidental tire fires that may occur; and (v) As a condition to begin operating or to continue to operate, establish and maintain a valid contract for the disposal or recycling of the shredded tires.

Convenience centers.

An owner or operator of a convenience center must:

(i) Attach as a part of the notification required by subpart (a)2.(iii) of this paragraph all attachments required pursuant to part (2)(b)1. of Rule 0400- 11-01-.10; and (ii) Design and operate the facility in compliance with Rule 0400-11-01-.10.

Transfer stations.

(i) An owner or operator of a transfer station must comply with items 1.(i)(I) through (XV) of this subparagraph, and item 1.(ii)(I) of this subparagraph.

(ii) In addition to subpart (i) of this part, an owner or operator of a transfer station that manages putrescible solid waste must:

(I) Operate tipping areas within an enclosed building or covered area consisting of:

I. An impermeable floor;

II. Roof; and III. At least three walls that are capable of confining all solid waste within the building or covered area;

(II) Construct and maintain the enclosed building or covered area to prevent precipitation from reaching solid waste inside the structure; and (III) Ensure all solid waste is contained in the tipping area.

Land application facilities.

An owner or operator of a land application facility must:

(i) Attach as a part of the notification required by subpart (a)2.(iii) of this paragraph all attachments required at subparagraph (1)(c) of Rule 0400- 11-01-.13; and (ii) Design and operate the facility in compliance with Rule 0400-11-01-.13.

Tier One composting facilities.

An owner or operator of a Tier One composting facility must:

(i) Attach as a part of the notification required by subpart (a)2.(iii) of this paragraph all attachments required in the Composting Facility Operation Plan pursuant to subpart (2)(a)2.(vii) of Rule 0400-11-01-.11; and (ii) Design and operate the facility in compliance with Rule 0400-11-01-.11.

(c) An owner or operator seeking a written authorization from the Commissioner pursuant to this paragraph to operate a facility or activity listed in parts (b)1. through 7. of this paragraph must notify the Commissioner in accordance with the requirements of this subparagraph.

Notification must be submitted on forms provided by the Department and completed as per the accompanying instructions.
Notification must include, but shall not necessarily be limited to, the following information:

(i) The processing and disposal activities conducted and the types of solid wastes handled;

(ii) The name, mailing address, and location of the facility;

(iii) The name, mailing address, and telephone number of the applicant and, if the applicant is a government agency, corporation, company, or partnership, that of the registered agent or other contact person;

(iv) If different from the operator, the name, mailing address, and telephone number of the landowner, along with a signed letter from such owner to the Department allowing access to the property for purposes of inspection;

(v) A map (e.g., U.S.G.S. 7.5 minute topographic map) which clearly indicates the location of the facility;

(vi) A written narrative must be submitted that describes:

(I) How the owner or operator will comply with the requirements of subparagraph (b) of this paragraph, and Rules 0400-11-01-.10,

Tenn. Comp. R. & Regs. 0400-11-01-.03 . Such financial assurance shall meet the criteria set forth in T.C.A. § 68 211 116 and at subparagraph (3)(b) of Rule 0400-11-01-.03.

(vi) Facility operations manager, person responsible for the day-to-day operation, must be able to document training in the basics of compost facility operations within the first year of supervising the facility. Training must consist of classroom and hands-on course work and conclude with a certificate of completion that must be kept on site at all times. Appropriate compost operations training must be approved by the Department.

(vii) Facilities must follow a Composting Facility Operations Plan (CFOP) — reviewed and approved as part of the permit application — that describes operational procedures (methods and practices) to comply with the intent of regulations to protect human health and the environment and not create nuisances. This includes measures to control nuisance odors, vectors, fires, contact water and stormwater, provisions for the annual maintenance of the all-weather composting pads, as well as provisions for prompt equipment repair or replacement when needed. The CFOP must be internally reviewed annually to ensure it continues to reflect current procedures, equipment and feedstock(s). The CFOP must be updated when there is a change to procedures (including equipment) or the types of feedstocks processed, and reflect how the facility will continue to comply with the intent of the rules. The CFOP must be available to the permitting

authority upon request. The Department shall be informed in writing of any proposed changes to the CFOP for approval prior to implementation.

(viii) Facilities shall be maintained in a clean and sanitary condition, e.g., free of unsecured trash at end of each operating day.

(ix ) Operators of composting facilities shall comply with all local rules, regulations, and ordinances pertaining to their facilities.

(x) Contact water generated shall be directed to a containment, recycling, and/or treatment system sized to handle at a minimum a 24-hr 25-yr storm event.

(xi) Storage of finished compost on site is limited to 12 months of production, unless approved by the Department on a case-specific basis.

(xii) No material may be stored in excess of the designated capacity.

(xiii ) Non-compostable waste shall be removed or stored in a waste container and/or containment area, and disposed or recycled at a permitted solid waste facility in a timeframe approved in the CFOP.

(xiv) The composting area shall be maintained and repaired, as needed.

(xv) Closure - The facility must meet closure requirements described herein.

The facility is finally closed by removal of all solid wastes and solid waste residues for proper disposal. The operator must notify the Commissioner in writing of his completion of closure of the facility. Such notification must include a certification by the operator that the facility has been closed by removal of all the solid waste and residues. Within 21 days of the receipt of such notice the Commissioner shall inspect the facility to verify that closure has been completed. Within 10 days of such verification, the Commissioner shall approve the closure in writing to the operator. Closure shall not be considered final and complete until such approval has been made.

(xvi) The facility shall have a sign at the entrance of the facility that lists the following: name of facility; operating permit number; hours of operation; and emergency contact information.

(xvii) The facility must manage and process feedstocks in a timeframe that minimizes odors, contact water, release of feedstock liquids, fire and scavenging by vectors.

(b) Tier One Facility Design and Operating Standards 1. Tier One composting facilities may process Type 1 feedstocks only.

Tier One facilities shall meet the following design standards in order to operate in a manner that is protective of human health and the environment:

(i) The composting area should have run on and run off control and slope of 1 to 6 percent as determined by site conditions to direct contact water to the appropriate collection, storage and treatment system.

(ii) All composting at Tier One composting facilities shall be conducted on an all-weather composting pad, except for those facilities operating on a seasonal basis only (e.g., fall leaves and spring yard cleanouts). The allweather pad must meet the following criteria:

(I) Except as provided in item (III) of this subpart, the pad surface shall be 5 feet or more from the top of the seasonal high water table of the uppermost aquifer or the top of the formation of a confined aquifer;

(II) Soils within the first 5 feet of the surface shall exhibit hydraulic conductivity of 1.0 x 10 -6 cm/s. If soil depth to seasonal high water table is 10 feet or greater, a geologic buffer consisting of 10 feet of clay with a maximum hydraulic permeability of 1.0 x 10 -5 may be used;

(III) If less than 5 feet from the top of the seasonal high water table an improved low permeability surface is required for tipping, mixing and active composting areas. The improved low permeability surface shall consist of concrete, asphalt or other approved material capable of withstanding heavy equipment and preventing contamination of the uppermost aquifer; and (IV) All -weather pad shall be of sufficient slope to direct contact water to the appropriate collection, storage and treatment system. The pad shall also be constructed in such a manner as to prevent run-on of storm water to the extent practicable.

Tier One facilities shall meet the following operational standards:

(i) Compost processing time and temperatures shall be sufficient to kill weed seeds, reduce pathogens and vector attraction, and produce compost that meets the stability necessary for the intended use. Pathogen and vector attraction reduction compliance achieved as follows:

(I) Windrow composting: the compost material must be maintained at a minimum average temperature of 55°C (131°F) or higher for 15 days or longer. During the period when the compost is maintained at 55°C (131°F) or higher, there shall be a minimum of five turnings of the windrow with a minimum of 3 days between turnings. The 15 or more days at or above 55°C (131°F) do not have to be continuous; and (II) Aerated static pile or in-vessel composting process: Material maintained at a minimum average temperature of 55°C (131°F) or higher for three continuous days, followed by at least 14 days with a minimum of 45°C (113°F).

(c) Tier Two Facility Design and Operating Standards 1. Tier Two composting facilities shall process Types 1 and/or 2 feedstocks only.

Tier Two facilities shall meet the following design standards in order to operate in a manner that is protective of human health and the environment:

(i) Owner or operator must submit an engineering design report for approval with facility application.

(ii) Tipping, mixing, active composting, curing, screening and finished compost storage areas must be on an all-weather pad as described at (b)2.(ii) of this paragraph.

(iii) The maximum composting process windrow or pile size and minimum composting process windrow or pile spacing shall match the capability and requirements of the equipment used at the facility. As pile height increases, windrows or piles should be monitored to minimize compaction, a potential cause of odor.

(iv) A plan and procedure for monitoring the temperature and moisture during composting shall be provided, and should demonstrate that PFRP (Process to Further Reduce Pathogens, USEPA 40 CFR Part 503) is met.

The temperature and moisture ranges for the composting cycle shall be specified. The plan shall include contingencies for not meeting the specified ranges for the composting process.

Tier Two facilities shall meet the following operational standards:

(i) Feedstocks with free liquid shall be mixed with drier feedstocks, bulking material or compost so that the liquid is promptly adsorbed and not allowed to flow as free liquid from the compost piles or windrows. Free liquid that is not adsorbed shall be managed as contact water and directed to a containment or treatment system.

(ii) By the end of each operating day, all incoming feedstocks must be processed into the active composting pile, transferred to leak-proof containment or mixed with bulking material and covered in a manner that minimizes nuisance odors and scavenging by vectors.

(iii) Compost processing time and temperatures shall meet PFRP and vector attraction reduction requirements, and produce compost that meets the stability necessary for the intended use. Pathogen and vector attraction reduction compliance is achieved as follows:

(d) Tier Three Facility Design and Operating Standards 1. Tier Three composting facilities may process Types 1, 2 and/or 3 feedstocks.

Tier Three composting facilities shall comply with design standards for Tier 2 composting facilities and the additional design standards listed below:

(i) The working surfaces for all receiving, mixing, active composting and storage areas must be designed, constructed, and maintained to prevent conditions of contamination, pollution, and nuisance. All working surfaces must have a hydraulic conductivity of 1x10 -5 cm/s or less, and meet one the following construction and material specifications:

(I) Asphalt concrete or Portland cement concrete designed to minimize the potential for cracking and to allow equipment to operate without damage;

(II) Compacted soil, with a minimum thickness of one foot and protected from desiccation and installed in a manner such that the integrity will not be impaired by the operation of heavy equipment used at the composting and storage area; or (III) An equivalent engineered alternative.

Tier Three composting facilities shall meet the operational standards for Tier Two composting facilities and the additional operational standard listed below:

(i) Facilities that compost biosolids or sewage sludge shall comply with all applicable regulations regarding biosolids and sewage sludge in Rule

Chapter 0400-40-15.

(3) Testing - Tier 2 and 3 facilities shall meet the following test standards and requirements:

(a) Samples and measurements taken for the purpose of product testing shall be representative of the composting activity and shall be conducted in a manner consistent with Test Methods for Evaluation of Compost and Composting (TMECC) or other applicable standards pre-approved by the relevant agency.

(b) The minimum number of samples that shall be collected and analyzed is shown below.

Samples to be analyzed shall be composted prior to the analysis.

Compost Quantity Frequency 1 – 2500 tons 1 per quarter (or less for seasonal operation) 2501 – 6200 tons 1 per quarter 6201 – 17500 tons 1 per 2 months 17501 tons and above 1 per month Either the amount of finished compost applied to the land or prepared for sale or give away for application to the land (on as “as is” (wet weight) basis).

For facilities without scales use 800 lb/yd conversion factor.

If test results show the finished product is stable and in compliance with both metals and pathogens standards for a two year period the facility may request a reduction in the frequency of testing. Compost produced from non-biosolids feedstock may test for pathogens and trace metals at half the frequency, but overall testing for all other characteristics must be as defined in the table above.

(c) All compost shall be tested for stability using one of the methods listed in TMECC 5.08, Respirometry. The stability results must be recorded.

(d) All compost shall be tested for the presence of pathogens using the methods in TMECC 7.00, Pathogens. Before the compost may be sold, given away or applied to the land, either:

The density of fecal coliform in the finished compost shall be less than 1,000 Most Probable Number (MPN) per gram of total solids (dry weight basis); or 2. The density of Salmonella sp. bacteria in the finished compost shall be less than three MPN per four grams of total solids (dry weight basis).

(e) All composts shall be analyzed for metals listed in 40 CFR, Section 503.13(b)(3), as amended using methods described in TMECC 4.00 Chemical Properties. The concentration of metals in compost to be sold, given away or applied to the land shall not exceed the pollutant concentration (milligrams per kilogram) limits for Exceptional Quality compost as defined in the following table contained in 40 CFR, Section 503.13, Table 3.

METAL TOTAL METAL

CONSTITUENT CONCENTRATION

(mg/kg)

Arsenic 41 Cadmium 39 Copper 1500 Lead 300 Mercury 17 Nickel 420 Selenium 100 Zinc 2800 (f) Prior to being sold, given away or applied to the land, compost produced from feedstocks containing industrial by-products, sewage sludge or biosolids shall be analyzed for the metals listed in Table 1 of subparagraph (3)(e) of Rule 0400-12-01-.02 to verify that the compost does not exhibit the hazardous waste toxicity characteristic for those metals. This analysis shall be conducted on the first batch of compost produced and, thereafter, at the same frequency required by subparagraph (b) of this paragraph. Compost that exhibits the characteristic of hazardous waste shall be managed under the requirements of Chapter 0400-12-01.

(g) Compost which fails to meet the criteria of subparagraphs (d) and (e) of this paragraph must be managed as solid waste.

(4) Records - Facility owner or operators shall record and maintain at the facility for three years the following information regarding their activities for each month of operation of the facility.

Records shall be available for inspection by Department personnel during normal business hours and shall be sent to the Department upon request to include:

(a) Analytical results on composting testing;

(b) The type and quantity of feedstock and the source of feedstock received;

(d) The quantity of compost removed for use or for disposal, and the market or permitted disposal facility. The operator must identify the market for compost removed for use.

The operator must identify the permitted disposal facility for compost removed for disposal; and (e) Temperatures measurements throughout the composting process demonstrating that PFRP has been met is applicable.

(5) Design and Construction Plans (a) Master Plan - A master plan shall be provided that is drawn at a scale of not less than 1” = 400’ with not more than 20 foot contour interval and which clearly depicts:

The boundary of the proposed facility;
The existing drainage pattern of all site runoff;
Runoff monitoring stations;
Primary access roads;
Wells within one quarter mile of the site boundary;
The location of all 100-year floodplain boundaries; and 7. All residences within one quarter mile of the site boundary (If in an urban area residential properties may be delineated).

(b) Design Plans - Design plans shall be provided that are drawn at a suitable scale of not less than 1” = 50 feet and with contour intervals of not greater than five feet, which clearly depicts:

All structures;
Proposed waste processing areas;
Proposed waste storage areas;
All drainage appurtenances that control run-on/run-off and the direction of flow;
The location of all existing and proposed utilities and roads (defining surface material); and 6. The location of all contact water collection/treatment structures, piping, storage appurtenances, and any other associated unit.

(c) Narrative Description of the Facility and Operation - A narrative description of the facility and operation shall be provided that defines all procedures and activities pertinent to the design and operation of the facility. This narrative shall include, but not necessarily be limited to:

A description of how the facility will achieve the compliance of all standards defined in paragraphs (2), (3), (4), and (5) of this rule;
A description of the waste handling and processing equipment to be used;
A description of the management of run-on/runoff with design calculations of all structures designed to meet the 24hr – 25 yr storm event;
A description of the management of the contact water system and the disposition of the contact water;
A description of the odor control measures; and 6. A description of the procedures for the final closure of the facility.

(6) Annual Report Owners and operators of facilities producing compost shall submit to the Department an annual report by March 1 of each year. The report and shall include at a minimum:

(a) The facility name, address and permit number;

(b) The reporting year with all quantities expressed in tons (sludge expressed in dry weight);

(d) The total quantity of compost produced during the year covered by the report; and (e) The total quantity of compost removed for use or for disposal, and the market(s) or permitted disposal facility(s). The operator must identify the market for compost removed for use. The operator must identify the permitted disposal facility for compost removed for disposal.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; 68-211-101, et seq.; 68-211-701, et seq.; and 68-211-801, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Amendments filed December 18, 2012; effective March 18, 2013. Amendments filed April 8, 2016; July 7, 2016. Amendments filed October 1, 2019; effective December 30, 2019.

Tenn. Comp. R. & Regs. 0400-11-01-.04 SPECIFIC REQUIREMENTS FOR CLASS I, II, III, AND IV DISPOSAL FACILITIES

(1) General (a) Purpose and Scope- The purpose of this rule is to establish:

The standards which Class I, II, III, and IV facilities must meet in order to obtain a permit under the act for such activity; and 2. The specific information required in Part II of the permit application for such facilities in order to demonstrate compliance with the appropriate standards and to provide other necessary information.

(b) Applicability - Except as otherwise specified in subparagraphs (1)(b) and (c) of Rule

Tenn. Comp. R. & Regs. 0400-11-01-.05 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; and 68-211-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-11-01-.06 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; and 68-211-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-11-01-.07 FEE SYSTEM FOR NON-HAZARDOUS DISPOSAL AND CERTAIN NON-

HAZARDOUS PROCESSORS OF SOLID WASTE.

(1) General (a) Purpose - The purpose of this rule is to establish a system and schedule whereby certain fees shall be levied and collected by the Commissioner. Expenditure of such fees collected shall be restricted to operation of the non-hazardous solid waste management program established pursuant to the Act. Any unencumbered and any unexpended balance shall be maintained in the fund until expended in accordance with this Act.

(b) Applicability - The requirements of this rule apply as specified to the following persons:

All disposal, processing, and transfer facilities having a permit issued under the Act or subject to the permit requirements of Rule 0400-11-01-.01 et seq.
Facilities having a permit-by-rule pursuant to Rule 0400-11-01-.02.
Persons requiring a waste evaluation that requires reviewing analytical data and/or material safety data sheets.
The annual maintenance fee shall not apply to any facility that recovers and/or recycles seventy-five (75) percent of materials received. The owner/operator must maintain records that support the seventy-five percent recovery and/or recycling rate. Records shall be maintained as per paragraph (3) of Rule 0400- 11-01-.08.
These fees shall not apply to facilities that are required by regulatory mandate to submit revised plans.
These fees shall not apply to convenience centers.
Each classification of disposal, processing, or transfer facility on a site must pay fees as specified in paragraph (2) and (3) of this rule.

(2) Application Filing/Processing Fees (a) Any person who applies for a permit, permit-by-rule, special waste evaluation or special waste recertification pursuant to part (1)(b)3. of this rule, shall pay the specified amount in subparagraph (b) of this paragraph with the application.

(b) Fee Schedule 1. Class I and Class II Disposal Facilities (i) New Permit (I) Hydrogeologic Report $ 4,000 (II) Engineering Plans, Narrative Description, and Closure/Post-Closure (i.e., subparagraphs (9)(b) through (d) of Rule 0400-11-01-.04) $ 6,000 (ii) Lateral Expansions (I) Hydrogeologic Report $ 4,000 (II) Engineering Plans, Narrative Description, and Closure/Post-Closure (i.e., subparagraphs (9)(b) through (d) of Rule 0400-11-01-.04) $ 6,000 (iii) Vertical Expansions Engineering Plans, Narrative Description, and Closure/Post- Closure (i.e., subparagraphs (9)(b) through (d) of

Rule 0400-11-01-.04) $ 6,000 (iv) All other major modifications that do not result in an increase in airspace $ 2,000 2. Class III Disposal Facilities (i) New Permit, Lateral, and Vertical Expansions $ 3,000 (ii) All other major modifications that do not result in an increase in airspace $ 2,000 3. Processing Facility $ 1,000 4. Special Waste Evaluation $ 300 5. Transfer Station $ 500 6. Transfer of Ownership $ 1,000 7. Special Waste Recertification $ 150 (3) Annual Maintenance Fees (a) Any person who has a permit during any year shall pay the fee specified in subparagraph (c) of this paragraph by October 1 of that year.

(b) Any person who receives a permit or completes final closure after July 1 of any year shall pay a proportionate share of the fee based on the number of days the facility is permitted.

(I) Greater than 50,000 $15,000 (II) 25,000 to 50,000 $10,000 (III) Less than 25,000 $ 5,000 (IV) Zero Tons (Post Closure Period) $ 1,000 (ii) Class II (Tons/Year)

(I) Greater than 1,000 T $10,000 (II) Less than 1,000 T $ 4,000 (iii) Class III (Tons/Year)

(I) Greater than 10,000 $ 4,000 (II) Less than 10,000 $ 3,000 (iv) Class IV (Tons/Year)

(I) Greater than 10,000 $ 4,000 (II) Less than 10,000 $ 3,000 2. Processing Facilities $ 3,000 3. Transfer Station $ 1,500 4. Reserved.

Land Application Facility $ 100 (4) Baled Waste Inspection Fee - Any facility that intends to receive baled waste that was not baled in accordance with a permit issued in accordance with the Solid Waste Management Act, shall pay a $3.00 per bale inspection fee prior to the receipt of the waste.

(5) Facility Inspection Fee - Any person who has a municipal solid waste disposal facility permit or incinerator permit that receives waste is assessed a facility inspection fee of $0.35 on each ton of municipal solid waste received. This fee shall be calculated in the same manner and paid at the same time as the surcharge in Rule 0400-11-01-.08.

(6) Schedule for timely action on permit applications:

(a) A completeness determination must be made and the applicant notified within the following time frames:

Hydrogeologic Report for Disposal Facilities 30 days 2. Engineering Plans, Narrative Description, and Closure/Post-Closure (i.e., subparagraphs (9)(b) through (d) of Rule 0400-11-01-.04) for Disposal & Compost Facilities 45 days (b) The Department shall act upon a permit application (issue or deny) within the following time after the hydrogeological report and engineering plans, narrative description, and closure/post-closure are certified to be complete:
Disposal Facility (i) Class I 270 days (ii) Class II 270 days (iii) Class III 240 days 2. Processing Facility (i) Permit By Rule 90 days (ii) Compost Facility 120 days 3. Major Modification (i) Regulatory Requirement 180 days (ii) All other major modifications not covered under

part 1. of this subparagraph: 240 days 4. Minor Modifications Engineering Plans, Narrative Description, and Closure/Post-Closure Review (i.e., subparagraphs (9)(b) through (d) of Rule 0400-11-01-.04) 90 days 5. Waste Evaluation 30 days (c) The time periods in this paragraph shall be stayed if:

The applicant requests that review be suspended.
The department issues a written notice of deficiency and until the applicant adequately addresses said deficiency.
Local government approval is required under T.C.A. § 68-211-701.

(d) Should the Department not issue or deny a permit as specified in subparagraph (b) of this paragraph, the application fee shall be refunded with interest. The Board shall be provided a quarterly update as to the status of all permits.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; 68-211-101, et seq.; and 68-211-801, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Amendments filed October 1, 2019; effective December 30, 2019. Amendments filed April 16, 2025; effective July 15, 2025.

Tenn. Comp. R. & Regs. 0400-40-15-.02 , meet any one of the ten vector attraction reduction options listed in part (4)(b)1., 2., 3., 4., 5., 6., 7., 8., 9., or 10. of Rule 0400-40-15-.04, and meet either one of the six pathogen reduction alternatives for Class A listed in part (3)(a)3., 4., 5., 6., 7., or 8., or one of the three pathogen reduction alternatives for Class B listed in part (3)(b)2., 3., or 4. of

Rule 0400-40-15-.04.

“Bird hazard” means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.

“Board” means the Tennessee Underground Storage Tanks and Solid Waste Disposal Control Board established by T.C.A. § 68-211-111.

“Bulky waste” means large items of solid waste such as white goods, furniture, autos or large auto parts, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing, or disposal methods.

“Capacity” means the amount of material, in tons or cubic yards, a compost facility can hold at any one time. Includes feedstocks, actively composting and curing material, and final product storage.

“Cell” means a discrete volume of compacted solid waste that is enclosed by means of a barrier in a disposal facility.

“Certificate of completion” means a document issued by a certifying organization stating that the compost facility operations manager has met the requirements for the specified operations manager program.

“Closed portion” means a formerly active portion of a landfill which has undergone closure.

“Closure” means the taking of those actions at the termination of a disposal operation which are necessary to finally close the disposal facility or disposal facility parcel.

“Commercial solid wastes” means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding domestic and industrial wastes.

“Commissioner” means the Commissioner of the Tennessee Department of Environment and Conservation or his authorized representative.

“Completeness determination” means for the purposes of subparagraph (6)(a) of Rule 0400- 11-01-.07, an acknowledgement that an application addresses all applicable requirements specified in subparagraph (3)(c) of Rule 0400-11-01-.02, but does not mean that the contents are technically adequate.

“Compost” means solid waste which has undergone biological decomposition of organic matter, and has been disinfected using composting or similar technologies, and has been stabilized to a degree which is potentially beneficial to plant growth and which is suitable for use as a soil amendment, artificial top soil, growing medium amendment or other similar uses.

“Compostable material” means solid organic waste that may be decomposed under controlled conditions by micro-organisms under aerobic or anaerobic conditions which result in a stable humus-like material free of pathogenic organisms (e.g., food wastes, yard wastes, and low moisture content wastewater sludge).

“Composting” means the process by which biological decomposition of organic solid waste is carried out under controlled aerobic conditions, and which stabilizes the organic fraction into a material which can easily and safely be stored, handled and used in an environmentally acceptable manner. The presence of anaerobic zones within the composting material will not cause the process to be classified as other than composting.

“Composting facility” means a solid waste management facility where solid waste is processed using composting technology. Processing may include physical turning, windrowing, aeration or other mechanical handling of organic matter.

“Composting pad” means the ground on which composting activities take place. May be subdivided by function, such as “mixing pad”, “composting pad”, “curing pad” or “storage pad”. An “all-weather composting pad” is one of sufficient construction, firmness and grading so that composting equipment can manage the process during normal inclement weather, including expected rain, snow and freezing temperatures.

“Constructed appurtenances” means ponds, buildings, borrow areas, cut slopes, fill slopes, and other structures, accessories, or similar items associated with a disposal facility.

“Construction/demolition wastes” means wastes, other than special wastes, resulting from construction, remodeling, repair and demolition of structures and from road building. Such wastes include but are not limited to bricks, concrete and other masonry materials, soil, rock and lumber, road spoils, rebar, paving material.

“Contact water” means water that has come in contact with raw feedstocks or active composting piles. It does not include water from curing piles, finished compost or product storage piles.

“Convenience center” means any area which is staffed and fenced that has waste receptacles on site that are open to the public, when an attendant is present, to receive domestic waste, municipal solid waste and recyclable materials.

“Crop residues” means materials generated by the production, harvesting and processing of agricultural or horticultural plants. These residues include but are not limited to stalks, stems, leaves, seed pods, husks, bagasse, and roots.

“Curing” means a continuation of the composting process after the high heat stage during which stability and maturity continues to increase. For the purposes of these regulations, compost enters the curing stage after completing the process to further reduce pathogens and the requirements for vector attraction reduction.

“Curing area” means an area where organic material that has undergone the rapid initial stage of composting is further stabilized into a humus-like material.

“Department” means the Tennessee Department of Environment and Conservation.

“Destruction or adverse modification” means a direct or indirect alteration of critical habitat which appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using that habitat.

“Displacement” means the relative movement of any two sides of a fault measured in any direction.

“Disposal facility” means a facility or part of a facility at which solid waste disposal occurs.

“Division” means the Division of Solid Waste Management of the Department.

“Division Director” means the Director of the Division of Solid Waste Management.

“Domestic wastes” means any solid waste (including garbage, trash) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

“Endangered or threatened species” means any species listed in 50 CFR Part 17, as such list exists on the effective date of this rule.

“Energy recovery” means beneficial use or reuse of solid waste through the controlled combustion of such waste to recover energy therefrom.

“Energy recovery facility” means a facility for the recovery of energy or energy producing materials from the controlled processing of solid waste and the production of energy from said solid waste and other materials, including coal, for a heating and cooling system and/or for the production of electricity and process steam.

“Explosive gas” means methane (CH ).

“Facility” means all contiguous land including structures and other appurtenances and improvements on the land used for processing, disposal or land application of solid waste by an owner or operator.

“Farming wastes” means the wastes from the customary and generally accepted activities, practices, and procedures that farmers adopt, use, or engage in during the production and preparation for market of poultry, livestock, and associated farm products; and in the production and harvesting of agricultural crops which include agronomic, horticultural, and silvicultural crops and wastes resulting from aquaculture activities. However, the term does not include special wastes such as waste oils or other lubricants, unused fertilizers, or pesticide containers or residues.

“Fault” means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.

“Fill Area” means the area containing waste placed for final disposal not including earthen berms or other facility appurtenances.

“Final cover” means any cover material that is spread and compacted on the top and side slopes of a disposal facility which will be permanently exposed to the environment.

“Financial assurance” refers to a financial arrangement between the operator and the state which guarantees the availability of funds which the Commissioner may use to close and provide post-closure care to a landfill if the operator fails to properly execute his responsibilities under the Act, to include the requirements of these rules and the terms of his permit.

“Floodplain” means the lowlands and relatively flat areas adjoining inland waters, including flood prone areas, which are inundated by a flood. The “100-year floodplain” refers to a floodplain which is subject to a one percent or greater chance of flooding in any given year from any source.

“Food processing residuals” means organic materials generated as a by-product of the industrial food processing sector that are non-toxic, non-hazardous, and contain no sanitary wastewater. The term does not include fats, oil, grease and Dissolved Air Flotation (DAF) skimmings.

“Geologic Buffer” means a geologic formation or engineered structure that provides resistances to hydraulic pressure gradients between a liner and the seasonal high water table.

“Geomembranes” means manufactured low permeability membrane liners and barriers used to control the migration of fluids or gases.

“Ground water” means water below the land surface in a zone of saturation.

“Hazardous wastes” means a hazardous waste as defined in subparagraph (1)(c) of Rule

Tenn. Comp. R. & Regs. 0400-12-01-.02 .

“Holocene” means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.

“In operation” refers to a facility which is receiving or handling solid wastes.

“Incinerator” means an enclosed device using controlled flame combustion, the primary

purpose of which is to thermally break down solid waste. Examples of incinerators are rotary kiln, fluidized bed, and liquid injection incinerators.

“Industrial by-product” means materials generated by manufacturing or industrial processes that are non-toxic, non-hazardous, contain no domestic wastewater, and pass the paint filter test (Method 9095B).

“Industrial Wastes” means solid wastes produced in, or generated by, industrial or manufacturing processes. The term does not include commercial, domestic, mining, or hazardous waste regulated under Subtitle C of RCRA, or oil and gas waste.

“Initial cover” means cover material that is spread and compacted on the top, on the side slopes and on the working face of compacted solid waste at a disposal facility.

“Institutional wastes” means all solid wastes which are not special wastes, emanating from institutions such as, but not limited to, hospitals, health care facilities, nursing homes, laboratories, orphanages, correctional institutions, schools and universities.

“Intermediate cover” means cover material that is spread and compacted on the top and side slopes of a disposal facility which must resist erosion for a longer period of time than initial cover.

“In-vessel composting” means a process in which decomposing organic material is enclosed in a drum, silo, bin, tunnel, or other container for the purpose of producing compost; and in which temperature, moisture and air-borne emissions are controlled, vectors are excluded and nuisance and odor generation minimized.

“Junkyard” means a place which is maintained, operated, or used for storing, keeping, buying, or selling dismantled or wrecked automobiles, or parts thereof, or other old or scrap ferrous or nonferrous metals.

“Karst” means a specific type of topography that is formed by dissolving or solution of carbonate formations, such as limestone or dolomite; it is characterized by closed depressions or sinkholes, caves, sinking and reappearing streams, and/or underground conduit drainage flow.

“Land application facility” means a facility where solid wastes are applied onto or incorporated into the soil surface (excluding manure spreading operations) for agricultural purposes.

“Land reclamation” means the restoration of productivity to lands made barren through processes such as erosion, mining or land clearing.

“Landfill” means a facility, other than a land application unit, where solid wastes are disposed of by burial in excavated pits or trenches or by placement on land and covering with soil or other approved material.

“Landscaping and land clearing wastes” means trees, stumps, brush, dirt, branches, leaves, clippings, etc. from landscaping and land clearing activities.

“Leachate” means a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste.

“Lift” means the compacted vertical thickness of a horizontal series of solid waste cells that have been constructed and upon which cover material has been placed. The cover may be either initial, intermediate, or final in application.

“Liner” means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of wastes, waste constituents, or leachate.

“Liquid wastes” means any waste material that is determined to contain “free liquids” as defined by Method 9095 (Paint and Filter Liquids Test), as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Pub. No. SW-846).

“Lithified earth material” means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.

“Lower explosive limit” means the lowest percent of volume of a mixture of explosive gases which will propagate a flame in air at 25 o C and atmospheric pressure.

“Market” means the transfer or sale of recovered materials to be used, reused, and recycled.

“Maximum horizontal acceleration in lithified earth material” means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.

“Medical wastes” means the following solid wastes:

(a) Liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semiliquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials; and microbiological wastes containing blood or other potentially infectious materials;

(b) Cultures and stocks of infectious agents, including specimen cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures;

(d) All discarded sharps (e.g., hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades) used in patient care or that have come into contact with infectious agents during use in medical, research, or industrial laboratories; or (e) Contaminated carcasses, body parts, and bedding of animals that were intentionally exposed to pathogens in research, in the production of biologicals, or in the in vivo testing of pharmaceuticals.

“Mixed solid waste” means a mixture of organic and inorganic discards and may contain household and other municipal solid wastes that are excluded from regulation as hazardous wastes.

“On-site” means the geographically contiguous property with the same owner/operator which may be divided by public or private right-of-way. Non-contiguous properties owned or operated by the same person and connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

“Open burning” means the combustion of solid wastes without the following characteristics:

(a) Control of combustion air to maintain adequate temperature for efficient combustion, (b) Containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and (c) Control of emission of the gaseous combustion products.

“Operate” means to construct, alter, own, maintain, close, or care for after closure, or control a facility. In the event of an unpermitted facility the term shall include to place solid waste at the disposal site.

“Operator” means the person or persons applying for or holding a permit, or who are otherwise responsible for the operation of a facility.

“Parcel” means a discrete portion of a disposal facility. (See “Phased Development Plan.”)

“Permit” means the written authorization granted to a person by the Commissioner, to operate a solid waste processing and/or disposal facility. The terms “permit” and “registration” are synonymous for purposes of this Chapter.

“Permittee” means any person holding a valid permit under the Act to operate a processing and/or disposal facility.

“Person” means any and all persons, natural or artificial, including any individual, firm or association, and municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government.

“Personnel” or “facility personnel” means all persons who work at or oversee the operations of a processing or disposal facility, and whose actions or failure to act may result in noncompliance with the requirements of the permit.

“Pesticide wastes” means wastes from the use, or preparation for use, of a substance or mixture of substances intended for destroying, preventing, repelling, or otherwise controlling plant or animal pests. The term pesticide is a generic term which includes herbicides, insecticides, fungicides, rodenticides, miticides, etc. Pesticide wastes include, but are not necessarily limited to, unused pesticide product, leftover mixed material, tanks and equipment rinsate, containers (excluding properly rinsed containers), and other residues of pesticide.

“Phased development plan” means a plan for developing a tract of land as a disposal facility in sequential segments, or parcels, provided that the entire tract of land is covered by a permit authorizing such use. As used in this rule, a parcel must be of adequate acreage to sustain at least five years of use based on estimated solid waste volumes to be handled over that period.

“Placing” includes, but is not limited to discharging, depositing, injecting, releasing, dumping, spilling, spreading, and leaking.

“Poor foundation conditions” means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of an SWLF unit.

“Post-closure care” refers to the taking of those actions after closure of a disposal facility or a disposal facility parcel which are necessary to meet the post-closure care requirements of paragraph (8) of Rule 0400-11-01-.04.

“Post-closure care period” means the period of time following closure of the landfill or landfill parcel during which the operator must perform post-closure care.

“Privately owned solid waste disposal system” means a solid waste disposal system owned by a non-governmental entity which processes or disposes of its solid waste in facilities that have either a valid permit or a permit-by-rule.

“Processing facility” means a combination of structures, machinery or devices utilized to perform solid waste processing, including other storage and processing areas. The term does not include collection vehicles.

“Public water supply system” means a system that supplies to the public piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year.

“Putrescible Wastes” means solid wastes that contain organic matter capable of being decomposed by micro-organisms and of such a character and proportion as to be capable of attracting or providing food for birds.

“Qualified ground-water scientist” means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural science or engineering and has sufficient training and experience in groundwater hydrology and related fields as may be demonstrated by state registration, professional certification, or completion of accredited university programs that enable that individual to make sound professional judgments regarding groundwater monitoring, contaminant fate and transport, and corrective action.

“Reclaim,” “recover,” or “recycle” means any method, technique, or process utilized to separate, process, modify, convert, treat, or otherwise prepare solid waste so that component materials or substances may be beneficially used or re-used as products, raw materials, or energy sources, except that any use or reuse of a solid waste may not be used in a manner that would constitute solid waste disposal.

“Recovered materials” means those materials which have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation processing. Such recovered materials are not solid waste.

“Recovered materials processing facility” means a facility engaged solely in the storage, processing, and resale or reuse of recovered materials. A recovered materials processing facility is not a solid waste processing facility.

“Registration” means a process by which a solid waste disposal or processing operation is granted a permit to operate. In this Chapter, the words “registration” and “permit” are synonymous and may be used interchangeably.

“Representative sample” means a sample of a universe or whole (e.g., leachate, sludge, surface impoundment, surface water, ground water) which can be expected to exhibit the average properties of the universe or whole.

“Residue” shall mean any solid that remains after completion of solid waste processing including incineration products such as bottom ash, fly ash and grate siftings.

“Run-off” means any rainwater, or other liquid that drains overland from any part of a facility.

“Run-on” means any rainwater, or other liquid that drains overland onto any part of a facility.

“Salvaging” means the controlled removal of solid waste for utilization from a solid waste processing or disposal facility.

“Sanitary landfill” means a method of disposing of solid waste into or on land without creating nuisances or hazards to public health or to the environment by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer(s) of an approved material.

“Saturated zone” means that part of the earth’s crust in which all voids are filled with water.

“Scavenging” means the uncontrolled removal of solid waste from a solid waste processing or disposal facility.

“Seismic impact zone” means an area with a ten percent or greater probability that the maximum horizontal acceleration in lithified earth materials, expressed as a fraction of the earth’s gravitational pull will exceed 0.10g in 250 years.

“Shredding” means a process of reducing the particle size of solid waste through the use of grinding, shredding, chopping, slicing, milling, or rasping machines.

“Sludge” means any solid, semi-solid, or liquid waste generated from a municipal, commercial, industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

“Solid waste” means garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. Solid waste includes, without limitation, recyclable material when it is discarded or when it is used in a manner constituting disposal. Solid waste does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act (compiled at 33 U.S.C. Section 1342).

“Solid waste disposal” means the process of permanently or indefinitely placing, confining, compacting, or covering solid waste.

“Solid Waste Landfill (SWLF) Unit” means a discrete area of land or an excavation that receives waste, and that is not a land application unit, surface impoundment, injection well, or waste pile.

“Solid waste processing” means any process that modifies the characteristics or properties of solid waste, including, but not limited to, treatment, incineration, composting, separation, grinding, shredding, and volume reduction; provided, that it does not include the grinding or shredding of landscaping or land clearing wastes or unpainted, unstained, and untreated wood into mulch or other useful products.

“Source reduction” means any action or activity that reduces or eliminates the generation of waste.

“Source separated organics” means organic material that has been separated from noncompostable material at the point of generation, including but not limited to yard trimmings, food residuals, vegetative materials, woody materials, and compostable products.

“Special Wastes” are solid wastes that are either difficult or dangerous to manage and may include sludges, bulky wastes, pesticide wastes, medical wastes, industrial wastes, hazardous wastes which are not subject to regulations under Rules 0400-12-01-.03 through

Tenn. Comp. R. & Regs. 0400-12-01-.07 , liquid wastes, friable asbestos wastes, and combustion wastes.

“Stability” means the inverse measure of the potential for a material to rapidly decompose.

Measured by indicators of microbial activity, such as carbon dioxide production, oxygen uptake, or self-heating.

“Stream” means a watercourse which is not a wet weather conveyance.

“Structural components” means liners, leachate collection systems, final covers, run-on/runoff systems, and any other component used in the construction and operation of the SWLF that is necessary for protection of human health and the environment.

“Surface impoundment” means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes, or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling and aeration pits, ponds, and lagoons.

“Taking” an endangered or threatened species means harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing, or collecting or attempting to engage in such conduct.

“Throughput” means the amount of material, not to include bulking agents, in tons or cubic yards, a facility can process in a given amount of time.

“Transfer station” means a combination of structures, machinery or devices at a place or facility which receives solid waste taken from public and/or private collection vehicles and which is placed in other transportation units for movement to another solid waste management facility.

“Underground drinking water source” means:

(a) An aquifer supplying drinking water for human consumption, or (b) An aquifer in which the ground water contains less than 10,000 mg/1 total dissolved solids.

“Underground injection” means the subsurface emplacement of fluids through a bored, drilled, or driven well; or through a dry well, where the depth of the well is greater than the largest surface dimension.

“Unstable area” means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terranes.

“Uppermost aquifer” means the geologic formation nearest the natural ground surface that is an aquifer, as well as, lower aquifers that are hydraulically interconnected with the aquifer within the facility’s property boundary.

“Vector” means a carrier organism that is capable of transmitting a pathogen from one organism to another.

“Washout” means the carrying away of solid waste by waters of a flood.

“Waste management boundary” means a vertical surface located at the hydraulically downgradient limit of the solid waste landfill unit. This vertical surface extends down into the uppermost aquifer.

“Water table” means the surface of unconfined water at which pressure is atmospheric and is defined by the levels at which water stands in wells that penetrate the water.

“Well” means a shaft or pit dug, bored, drilled, jetted or driven into the earth. Wells are generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.

“Wet weather conveyances” means natural watercourses, including natural watercourses that have been modified by channelization, that flow only in direct response to precipitation in their immediate locality and whose channels are above the groundwater table and which do not support fish or aquatic life and are not suitable for drinking water supplies.

“Wetlands” means those areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wetlands generally include swamps, marshes, bogs and similar areas.

“White goods” means discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances.

“Windrow composting” means a process in which decomposing organic materials are placed in long rows for the purpose of producing compost. The rows are periodically turned or agitated to assure all parts of the decomposing material reach the desired stability.

“Woody material” means residuals and by-products of cutting trees, including but not limited to tree stumps, sawdust, pallets, and dimensional lumber that has not been treated chemically or with adhesives and coatings such as paint, glue, or any other visible contaminant.

“Working face” means that portion of a land disposal facility where solid wastes are discharged and are spread and compacted.

“Yard trimmings” means leaves, grass clippings, brush, garden materials, tree trunks, tree stumps, holiday trees, and prunings from trees or shrubs. Can also include vegetative materials resulting from the use of commercial products, including but not limited to discarded flowers, potted flowers, or grave blankets that do not include plastic, metal, polystyrene foam, or other non-biodegradable material.

(3) Classification of Disposal Facilities (a) Class I Disposal Facility refers to a sanitary landfill which serves a municipal, institutional, and/or rural population and is used or to be used for disposal of domestic wastes, commercial wastes, institutional wastes, municipal solid wastes, bulky wastes, landscaping and land clearing wastes, industrial wastes, construction/demolition wastes, farming wastes, shredded automotive tires, dead animals, and special wastes.

(b) Class II Disposal Facility refers to a landfill which receives waste which is generated by one or more industrial or manufacturing plants and is used or to be used for the disposal of solid waste generated by such plants, which may include industrial wastes, commercial wastes, institutional wastes, farming wastes, bulky wastes, landscaping and land clearing wastes, construction/demolition wastes, and shredded automotive tires. Additionally a Class II disposal facility may also serve as a monofill for ash disposal from the incineration of municipal solid waste.

(c) Class III Disposal Facility refers to a landfill which is used or to be used for the disposal of farming wastes, landscaping and land clearing wastes, demolition/construction waste, shredded automotive tires, and/or certain wastes having similar characteristics and approved in writing by the Department.

(d) Class IV Disposal Facility refers to a landfill which is used or to be used for the disposal of demolition/construction wastes, shredded automotive tires, and certain wastes having similar characteristics and approved in writing by the Department.

(4) Special Waste Approval Process (a) Applicability - The procedures and other requirements of this paragraph shall apply only to all permitted Class I, Class II, Class Ill and Class IV disposal facilities and all permitted solid waste processing facilities.

(b) General Requirement - Except as may be specifically allowed in the permit, an operator may not accept for processing or disposal at his facility any special waste unless and until specifically approved to do so in writing by the Department. Facilities shall not process or dispose of special waste for which approval by the Department has expired.

Special waste generators shall not send off-site to processing or disposal facilities special waste for which approval by the Department has expired, unless the facility has specific authority in the permit to accept such waste.

(c) Procedures 1. Persons who generate and wish to process or dispose of a special waste must make application to the Commissioner for waste evaluation. Also such persons who generate and wish to process or dispose of sludges, bulky wastes, pesticide wastes, medical wastes, industrial wastes, hazardous wastes which are not subject to regulations under Rules 0400-12-01-.03 through 0400-12-01-.07, liquid wastes, friable asbestos wastes, and combustion wastes, must make application to the Commissioner for waste evaluation unless the Commissioner determines such is not necessary. Such application must be on a form provided by the Department and completed according to the accompanying instructions. This application shall include, but not necessarily be limited to, a chemical and physical description of the solid waste, the amounts of and frequencies such solid waste is to be managed at the facility, a description of the processes or operations generating the waste, and an identification of the facility which such person wants to handle his waste, and any additional information needed by the Commissioner to clarify the application.

Applications shall be evaluated by the Commissioner upon receipt. If it is determined by the Commissioner that the facility can safely and effectively manage the special waste, considering the nature of the special waste and the design and operation of the facility, the Commissioner shall notify the applicant in writing (with a copy to the facility operator) of his approval. If the Commissioner determines that the facility cannot so manage the special waste, he will notify the applicant (with a copy to the operator) in writing of his denial.
The Commissioner may inspect special waste generators as authorized at T.C.A. § 68-211-102(b) and take waste samples as deemed necessary to evaluate special waste or potential special waste.
Persons who generate and have special waste processed or disposed of at an off -site facility must:

(i) Every three years, recertify the accuracy of the information on a form provided by the Department, thereby certifying that there has been no change in the waste stream or the process generating the waste since the original special waste approval was granted by the Department, and (ii) Submit all recertifications as required by subpart (i) of this part as follows:

(I) Originals of such recertification forms shall be submitted to the offsite processing or disposal facility that receives the waste stream and copies to the Department at the address indicated on the forms;

(II) Recertifications shall be submitted by July 1 of the third year from the original approval or the last recertification; and (III) All special waste approvals will expire on July 1 of the third year from approval if not recertified as provided herein.

(iii) If a change in the waste stream or the process generating the waste has occurred since the original special waste approval was granted, the generator (applicant) shall submit a new special waste request to the Department.

Landfills and/or waste processing facilities shall not accept a special waste at their facilities without the written, special waste approval from the Department unless the waste is specifically authorized in the facility permit.
A request from a special waste generator to transfer special waste approval from one facility to another permitted facility does not require a new waste evaluation nor an application review fee.

(d) Conditional Approval 1. In his approval, the Commissioner shall specify those management conditions which he deems necessary to prevent or minimize potential adverse impacts to public health, and the environment in order to promote safe and efficient facility operation. Failure to meet the required management conditions is unlawful disposal under the Act.

The Commissioner may require the operator to keep records on the receipt and management of certain special wastes. The operator shall keep copies of special waste approvals by the Department which the facility has accepted into the landfill and all recertifications submitted by generators of such waste.

(e) Effect of a Special Waste Approval - A special waste approval granted by the Commissioner does not grant any right of disposal of the special waste at the designated facility. The operator may refuse to accept any special waste even if it has been approved by the Commissioner to be disposed of at his facility.

(5) Variances and Waivers - After public notice and an opportunity for public comment, any standard, or requirement in these rules may be waived by the Commissioner if the operator can demonstrate, to the satisfaction of the Commissioner, that the standard is inapplicable, inappropriate, or unnecessary to his facility, or that it is equaled in effect by alternative standards or requirements. Any requests for such requests must include the following:

(a) An identification of the specific requirement(s) for which a waiver is requested;

(b) An explanation of the reason(s) why the requirement(s) should be considered inapplicable, inappropriate, or unnecessary, and/or a description of the alternative procedures or mechanisms to be utilized and why they should be considered equal in effect to the standard(s) proposed to be waived; and (c) Any other such information as the Commissioner deems necessary for his evaluation of the request.

(d) Any Class I variances or waivers granted will not be less stringent than the standards of 40 CFR 257 and 258 (Solid Waste Disposal Facility Criteria Final Rule, October 9, 1991).

(6) Electronic Submittal This chapter requires submittals of applications, reports, and other documents. To aid in the review or processing of an application, report, or other document, the Commissioner may require the person submitting such document to include an electronic copy of the document in a format acceptable to the Commissioner. When required by the Commissioner, the additional electronic copy of the application, report, or other document shall be submitted in accordance with the Commissioner’s instructions.

(7) Conditional Exemptions.

Soil that meets the criteria of Category 1 or Category 2 soil established in paragraph (2) of

Rule 0400-15-04-.01 and that is used outside the area of contamination, as defined at subparagraph (1)(e) of Rule 0400-15-01-.02, from which the soil was removed and is used in compliance with all requirements of Rule 0400-15-04-.01 is not subject to regulation under this chapter.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-211-101, et seq.; 68-211-701, et seq.; and 68-211-801, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Amendments filed April 8, 2016; effective July 7, 2016. Amendments filed October 1, 2019; effective December 30, 2019. Amendments filed April 16, 2025; effective July 15, 2025. Amendments filed November 10, 2025; effective February 8, 2026.

Tenn. Comp. R. & Regs. 0400-11-01-.11 REQUIREMENTS FOR COMPOST AND COMPOSTING FACILITIES

(1) General (a) Purpose - The purpose of this rule is to establish procedures, documentation, and other requirements which must be met in order for a person to operate a composting facility or offer for sale compost in Tennessee.

(b) Scope/Applicability 1. The requirements of this rule apply as specified to operators of composting facilities in Tennessee. Except as specifically provided elsewhere in these rules, no facility may compost solid waste without a permit as provided in paragraph (3) of Rule 0400-11-01-.02. Composting facilities, subject to a full permit on the effective date of this rule, must submit a part I and part II permit application to describe how it will comply with this rule. The application must be filed within 180 days of the effective date of this rule and implemented upon approval. The Division will not charge an application fee, nor require public notice of the application for facilities which already have permit-by-rule for composting.

Composting facilities that process biosolids or sewage sludge as a feedstock shall also comply with all other applicable federal or state laws regarding sludge management.
The following facilities or activities are not subject to the requirement to have a permit.

(i) Backyard composting and the resulting compost;

(ii) Animal and crop production operations that compost yard trimmings, agricultural residuals, mortalities, woody materials, and/or food scraps provided that the following conditions are met:

(I) The owner of the composting facility is the same as the owner of the animal or crop production operation where the yard trimmings, agricultural residuals, mortalities, food scraps, and woody materials are generated;

(II) The composting facility is located on property owned or leased by the animal or crop production operation;

(III) All compost produced is utilized exclusively at an animal or crop production operation;

(iii) Any composting facility with a throughput of less than 400 cubic yards of Type 1 feedstock during any calendar year;

(iv ) Any composting facility with a throughput of less than 50 cubic yards of Type 2 feedstock during any calendar year; and (v) Any composting facility with a throughput of less than 100 cubic yards of Type 2 feedstock in any calendar year using an in-vessel composting method.

A Tier One composting facility may only process Type 1 feedstocks. Type 1 feedstocks include source separated yard trimmings, woody material, crop residues, and other materials determined to pose a low level of risk to human health and the environment, including from physical contaminants and human pathogens.
A Tier Two composting facility may only process Type 1 and/or Type 2 feedstocks. Type 2 feedstocks include agricultural residuals, source-separated organics, and food processing residuals and industrial by-products as approved by the Department. Type 2 feedstocks are materials that the Department determines to pose a low level of risk to human health and the environment despite having more physical contaminants and human pathogens than Type 1 feedstocks.
A Tier Three composting facility may process Type 1, Type 2 and/or Type 3 feedstocks. Type 3 feedstocks include mixed solid waste, diapers, sewage sludge, biosolids, and industrial by-products and food processing residuals not covered in Type 2. They also include other materials the Department determines to pose a low level of risk to human health and the environment despite having more physical contaminants and human pathogens than Types 1 and Type 2 feedstocks.
Owner or operators of Tier One composting facilities may apply for an authorization pursuant to part (2)(b)7. of Rule 0400-11-01-.02.
No waste defined as hazardous waste under subparagraph (1)(c) of Rule 0400- 12-01-.02 may be received for composting. Feedstocks containing industrial byproducts, sewage sludge or biosolids are subject to a hazardous waste determination, in accordance with subparagraph (1)(b) of Rule 0400-12-01-.03, and must be approved in writing by the Division before being accepted at the facility.

(2) Facility Standards - Unless specifically noted otherwise, the standards of this paragraph shall apply to all compost facilities subject to a permit as provided at paragraph (3) of Rule 0400- 11-01-.02 and Tier One permit by rule facilities.

(a) General Facility Design and Operating Standards 1. All compost facilities shall meet the following design standards in order to operate in a manner that is protective of human health and the environment:

(i) The feedstock receiving, processing and storage areas must be clearly defined and the maximum throughput and capacity specified.

(ii) The composting facility shall have all-weather access roads. The facility shall be designed such that access to the composting facility shall be limited to authorized entrances, which shall be secured from public access when the facility is not in operation.

(iii) Contact Water Collection (I) The facility shall have a contact water collection system that is properly managed.

(II) Contact water shall be reused in the process or otherwise properly managed as per all applicable laws and rules.

(iv) Litter Control - Fencing and/or other control shall be provided to confine loose waste to the area designated for storage or processing: Accidental dispersal from the designated areas shall be recovered daily.

(v) Personnel Facilities - There shall be provided:

(I) A building or other shelter which is accessible to facility personnel which has adequate heating and light.

(II) Potable water for washing and drinking.

(III) Toilet facilities.

(vi) Operating Equipment - The facility shall have on-site operational and monitoring equipment capable of maintaining the waste processing as designed.

(vii) Endangered Species - Facilities shall be located, designed, constructed, operated, maintained, closed, and cared for during the post-closure care period in a manner that does not:

(I) Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or (II) Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.

(viii) Location in Floodplains- Facilities shall not be located in a 100-year floodplain, unless the demonstration is made to the Commissioner as required at subparagraph (2)(n) of Rule 0400-11-01-.04.

(ix ) Wetlands - The facility shall not be located in a wetland unless the demonstration is made to the Commissioner as required at subparagraph (2)(p) of Rule 0400-11-01-.04.

(x) Buffer Zone Standards for Siting New Facilities - All waste management areas shall be located so as to conform to the distance standards at subparagraph (3)(a) of Rule 0400-11-01-.04.

All compost facilities shall meet the following operational standards:

(i) Contingency operations shall identify proper management of all waste in the event of equipment failure, facility disaster, or receipt of unauthorized material such as oil, hazardous waste, etc.

(ii) Fire Safety (I) No open burning is allowed.

(II) The facility shall have, on-site and continuously available, properly maintained fire suppression equipment capable of controlling accidental fires. If available, local firefighting service shall be acquired.

(iii) Communication - The facility shall have available during operating hours equipment capable of summoning emergency assistance as needed.

(iv) Dust Control - The operator must take dust control measures as necessary to prevent dust from creating a nuisance or safety hazard to adjacent landowners or to persons engaged in supervising, operating, and using the site. The use of any dust suppressants (other than water) must be approved in writing beforehand by the Department.

(v) The owner/operator of a compost facility permitted pursuant to paragraph (1) of Rule 0400-11-01-.02 shall file with the Commissioner a performance bond or equivalent cash or securities, payable to the State of Tennessee.

Such financial assurance shall be in an amount determined by the Commissioner to be adequate to insure 30 days operation and proper closure of the facility. The types of financial assurance instruments that are acceptable are those which are specified in subparagraph (3)(d) of Rule

Tenn. Comp. R. & Regs. 0400-11-01-.08 SOLID WASTE MANAGEMENT FUND

(1) General (a) Purpose - The purpose of this rule is to establish the procedures, documentation, and other requirements which will be followed to establish and maintain the Solid Waste Management Fund (the fund).

(b) The requirements of this rule shall apply as specified to owners and operators of municipal solid waste disposal facilities and incinerators.

(2) Fee Collection - All owners/operators of municipal solid waste disposal facilities or incinerators shall pay the appropriate surcharge per T.C.A. § 68-211-835(d) to the Department as follows:

(a) Fee Schedule - All fees shall be due and payable as per the following schedule:

July 1 to September 30 October 31 2. October 1 to December 31 January 31 3. January 1 to March 31 April 30 4. April 1 to June 30 July 31 (b) All fees shall be paid by check or other negotiable instrument.

(3) Records - The owner/operators of all municipal solid waste disposal facilities or incinerators shall maintain written records of waste received in tons. All records for the current month shall be maintained at the facility and open for inspection by the Department during normal operating hours. All other records shall be maintained at suitable office space in order that they may be protected from damage or loss. These records shall also be open for inspection during normal working hours. The maintenance site for these records shall be designated on the date of the first payment to the Department. Any change in location shall be designated on the payment to the fund. Records shall be maintained for three years. In the event that records are damaged or destroyed, the amount of waste received for that month or quarter shall be based on the maximum day on record multiplied by the number of working days in the month or quarter. Records shall be maintained on a daily basis organized by month.

Waste shall be measured at the gate on a vehicle by vehicle basis. Each facility must use a standard reporting form provided by the Department.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; 68-211-101, et seq.; and 68-211-801, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-11-01-.09 WASTE REDUCTION AND PLANNING

(1) General Purpose The goal of the state is to reduce by twenty-five percent (25%) the amount of solid waste disposed of at the municipal solid waste disposal facilities and incinerators, as measured on a per capita basis within Tennessee by weight. The goal shall also apply to each municipal solid waste region, but does not apply to individual disposal facilities or incinerators.

Individual disposal facilities or incinerators are used only as measurement locations for assessing the achievement of a region’s waste reduction efforts. As an alternative to calculating the waste reduction goal on a per capita basis, regions shall have the option of calculating the goal on an economic growth basis using the method prescribed by the Department and approved by the Underground Storage Tanks and Solid Waste Disposal Control Board.

(2) Waste Reduction (a) Comprehensive Integrated Municipal Solid Waste Management Plan. The Department shall prepare a statewide solid waste plan to be used as guidance in achieving the statewide waste reduction goal. This plan shall be reviewed and, if needed, updated every five (5) years to account for any new available technologies.

The plan shall identify current preferred waste reduction and recycling practices to assist the State and the solid waste regions to effectuate their solid waste plans.
Best Management Practices. The Department shall prepare waste reduction and recycling best management practices based on the state solid waste plan that local governments will implement as needed in sum or in part to attain the statewide goal.
Preferred Waste Reduction Options. The Department shall, based on the most current statewide solid waste plan, prepare preferred options of waste reduction methodologies. These options shall be considered for determining qualitative equivalence in regional and local government solid waste programs.

(b) Waste Reduction Methods. The following restrictions and guidance shall be used to evaluate waste reduction methodologies implemented by local governments and their programs.

Landfill Bans. Local governments are best suited to design, implement, and manage landfill bans and material redirection at the point of collection, due to the dynamic nature of solid waste, waste streams, and its infrastructure, the variety and availability of local markets, local geography and topography.
Class III and Class IV materials. Materials received at a Class III or Class IV landfill are not considered as waste reduction unless the materials are recycled or used for other approved beneficial use activities.
Composting of “municipal solid waste.” Only the portion of composted municipal solid waste that is sold or beneficially used may be counted as waste reduction towards the goal.
Mulching of “municipal solid waste.” Only the portion of mulch made from municipal solid waste that is sold or beneficially used may be counted as waste reduction towards goal.
Recycling. Recycling constitutes a method of waste reduction so long as the recovered materials are marketed for recycling, or are stored for recycling at a solid waste management facility and at least seventy-five percent (75%) of the stored material must be marketed within the succeeding twelve (12) months. The following processes shall not be considered as marketing of recyclable materials nor counted toward the goal:

(i) Collection or material handling in preparation for buyers pending market sales.

(ii) Storage of unprocessed or processed materials. Unprocessed municipal solid waste is not considered as being recyclable pending market.

Source Reduction of “municipal solid waste.” Process modifications, feedstock substitutions or improvements, various housekeeping and management practices, and increases in the efficiency of machinery that decrease the overall amounts of residual materials affect the amount of materials destined for final disposal. As source reduction increases, the disposal amount should reflect a proportional decrease.
Energy recovery and production. Materials redirected for energy recovery and production shall be considered waste reduction.

(i) To calculate the tons of waste reduction the following formula shall apply:

T i – T o = T d Where:

T i = tons of municipal solid waste material input into the energy recovery system;

T o = tons of residual material output from the energy recovery system sent for disposal; and T d = tons diverted for energy recovery.

(ii) Waste incinerated where the primary purpose is not energy recovery is not considered waste reduction.

(iii) Residuals from wood wastes reduced in a pit burner or air curtain destructor are not considered waste reduction unless diverted from disposal or otherwise beneficially used in accordance with the Department’s beneficial use policy.

Problem waste diversion. The diversion of waste tires, used oil, lead-acid batteries, paints and other problem waste, as determined and identified by the Department, from a Class I disposal facility for recycling constitutes waste reduction.
The Department shall evaluate new technologies, as they are presented to the Department, to determine their applicability towards waste reduction efforts for the regions in meeting the goal.

(3) (a) The Department shall develop a comprehensive integrated municipal solid waste management plan, hereafter the Plan, for the State based on component requirements in T.C.A. § 68-211-815 that will serve as a master plan for the State and its local governments in the management of statewide integrated solid waste systems. The plan shall be reviewed every five (5) years and, if needed, updated accordingly based on available new technologies, resources, stakeholders, etc.

(b) The Plan shall be divided into the following major sections. These sections shall provide and describe in detail how the Plan shall be implemented:

Infrastructure, Demographic and Geological Overview 2. Solid Waste Plan 3. Waste Reduction Plan 4. Disaster Debris Management Plan 5. Outreach and Education Plan 6. Funding, Responsibilities, and Administration Plan (c) At a minimum, each plan and revised plan submitted by a municipal solid waste region shall include the following:
Demographic information;
A current system analysis of:

(i) Waste streams, including data concerning types and amounts generated;

(ii) Collection capability, including data detailing the different types of collection systems and the populations and areas which receive and do not receive such services;

(iii) Disposal capability, including an analysis of the remaining life expectancy of landfills or other disposal facilities;

(iv) Costs, using a full-cost accounting model developed by the commissioner, including costs of collection, disposal, maintenance, contracts and other costs; and (v) Revenues, including cost reimbursement fees, appropriations and other revenue sources;

Adoption of the uniform financial accounting system required by T.C.A. § 68-211- 874;
Anticipated growth trends for the next five-year period;
Anticipated waste capacity needs;
Planned capacity assurance, including descriptions of planned or needed facilities;
A recycling plan, including a description of current public and private recycling efforts and planned efforts to enhance recycling within the county or region;
A plan for the disposal of household hazardous wastes;
Adoption of uniform reporting requirements as required by this part;
A description of waste reduction and recycling activities designed to attain the goal required by T.C.A. § 68-211-861;
A description of education initiatives aimed at businesses, industries, schools, citizens and others, which addresses recycling, waste reduction, collection and other goals of this part;
An evaluation of multi-county solid waste disposal region options with an explanation of the reasons for adopting or failing to adopt a multi-county regional approach;
A timetable for implementation of the plan;
A description of the responsibilities of the various participating jurisdictions;
A certification from the region’s Title 68, Chapter 211, Part 9 solid waste

authority, if such an authority has been formed, or if no such authority has been formed, the county legislative body of each county in the region, that they have reviewed and approved of the region’s plan and/or revised plan;

A plan for managing solid waste generated as a result of disasters or emergencies based, in part, upon the FEMA 325 Public Assistance Program; and 17. Any other information as the Commissioner may deem relevant to the implementation of this part.

(d) Each county shall develop a comprehensive integrative municipal solid waste management plan in accordance with and consistent with the Plan noted in this rule.

This plan shall be designed based upon all resources within the county.

(e) Each municipal solid waste region shall compile and develop a comprehensive integrated municipal solid waste management plan in accordance with and consistent with the Plan noted in this rule and from the county plans within the region.

(f) Municipalities may elect to develop an integrated municipal solid waste management plan provided that they meet the same requirements as the county as described by this

rule.

(g) When the State approves and sets a new municipal solid waste goal to implement the goal, each local government and region with an integrated municipal solid waste management plan developed under this rule shall develop and submit a plan update in the format and methodology described by the Department. These local governments and regions shall be given a minimum of two (2) years to prepare major updates for their plan.

(h) All local governments and the municipal solid waste regions developing plans under this rule must submit such plans to the Department for review and approval. Approval by the Department shall deem that the submitted plan is consistent with the Plan described in this rule.

(i) The Department, with funds available, may provide funding or technical assistance to assist local governments and regions in this update process.

(j) Routine updates to the solid waste region’s plan shall be submitted by March 31 of each year for the immediate preceding calendar year in a format prescribed by the Department.

(k) Failure to complete an update to the Plan or to submit the Plan shall subject the solid waste region or local government to possible sanctions pursuant to T.C.A. §§ 68-211- 816 and 68-211-871.

(l) The twenty-five percent (25%) goal applies to only the waste that has been going to Class I landfills or municipal solid waste incinerators. Measurements of waste are to be based on the amount of waste entering a disposal facility prior to combustion or landfilling. Materials recovered or collected for recycling at these facilities prior to combustion or landfilling shall be weighed and deducted from the total amount being disposed.

(m) The region shall present its calculation of the twenty-five percent (25%) reduction on a per capita basis or the economic growth basis to be prescribed by the Department in accordance with paragraph (1) of this rule.

(n) The region plan shall utilize the base year of 1995 for measuring waste reduction unless a region can demonstrate that the 1995 data is clearly in error. A region may receive credit toward the waste reduction goal from recycling and source reduction programs prior to 1995, but no earlier than 1985. The region shall notify in writing the Division Director of such an error and request approval of any adjustment to the 1995 data.

(o) By March 31 of each year, each region shall submit an annual report to the Division.

Pursuant to T.C.A. §§ 68-211-863 and 68-211-871, such reports shall include, at a minimum, the amount and type of recycled materials collected in the region.

(4) Qualitative Assessment and Noncompliance (a) A qualitative assessment, as defined below, will be applied to municipal solid waste regions that failed to meet the twenty-five percent (25%) waste reduction and diversion goal stated in T.C.A. § 68-211-861(a) based on data from the region’s Annual Progress Report submitted to the Division. The qualitative assessment will objectively assess the activities and expenditures of both the municipal solid waste region and the local governments in the region to determine whether the region’s program is qualitatively equivalent to other regions similar in population and socio-economic level that meet the goal and whether the failure is due to factors beyond the control of the region.

(b) The Department shall evaluate the programs in those regions that do not satisfy this

rule to determine if they are qualitatively equivalent to those that did meet the 25% waste reduction and diversion goal.

(c) Noncompliance Procedures 1. The review of solid waste regions identified to be qualitatively assessed by the Department shall be accomplished through the following methodology:

(i) The Department shall use the submission of the municipal solid waste region’s Annual Progress Report for the most current reporting period to determine whether 25% of the solid waste generated in that year was either diverted from Class I facilities or recycled. If it was, the region meets the goal and the Department does not proceed to the next step. The region is considered qualitatively equivalent.

(ii) Regions that are not found qualitatively equivalent in the first step shall continue the qualitative assessment and be compared to two other regions that are most equivalent in population and socio-economic level.

(iii) The Department shall evaluate the programs in those regions that do not satisfy this rule to determine if they are qualitatively equivalent to those that did meet the 25% waste reduction and diversion goal by evaluating at least the following current solid waste program activities, giving the first three items the greatest weight:

(I) Waste reduction and recycling programs and systems;

(II) Waste diversion programs and systems;

(III) The quality of the region’s municipal solid waste plan;

(IV) Solid waste education programs and systems;

(V) Waste collection and handling systems;

(VI) Solid waste program budgets and staffing; and (VII) A cost benefit analysis of the waste reduction and recycling progress as well as the solid waste generation in the region.

(iv) As part of the evaluation of subpart (iii) of this part, the Department shall visit the region and meet with the appropriate officials from each local government to research and investigate programs and activities listed in

subpart (iii) of this part.

(v) The Department shall prepare a comprehensive report for the region providing an analysis of program activities and explaining findings, recommendations, and any required activities. The Department shall meet with each local government in the region to review the comprehensive report and provide the region and its member local governments at least thirty (30) days to prepare a written response that shall be included in the final report prior to finalizing and publishing.

(vi) Findings. The Department shall clearly identify to the region or the local governments assessed their status upon completion of the qualitative assessment. This status shall be one of the following:

(I) Qualitatively Equivalent - The local government or region is qualitatively equivalent to the comparison regions. This means that the systems and activities are equal to comparison counties, but the region failed to meet the goal through no fault of their own.

(II) Marginally Qualitatively Equivalent - The local government or region is marginally qualitatively equivalent to the comparison regions. This means that some systems and activities are equal to comparison regions, but some are not. Further, the solid waste plan is not being followed and may be contributing to the goal not fully being attained.

The Department for purposes of goal achievement shall deem the region or local governments as equivalent but may require remedial activities or need to follow-up to assist the region in strengthening efforts to attain the goal.

(III) Qualitatively Not Equivalent - The local government or region is not qualitatively equivalent to one or more of the comparison regions.

This means that many systems or activities may be equal to the comparison counties, but more than half are not and the region or local government did not meet the goal. The Department may direct or prescribe efforts to assist the region in achieving their goal.

(IV) Qualitatively Not Equivalent (No-Fault) - The local government or region is not qualitatively equivalent to one or more of the comparison regions, but has mitigating circumstances like topography or geography that prevents qualitative equivalency.

If a region is determined qualitatively not equivalent to comparison regions, the Department shall work with the region and its member local governments to establish a timetable to achieve the goal and achieve compliance with the Act.

This may include technical assistance (system design, improvements, and needs assessments), grant offerings, workshops, and other activities designed to assist the region in achieving the goal.

If a region that has been found not to be qualitatively equivalent complies with the required recommendations for two years, it shall be deemed to have returned to compliance and not be subject to penalties.

(d) Except as provided in subparagraph (a) of this paragraph, failure to comply with the applicable requirements of this rule will subject any entity to the penalties provided by T.C.A. §§ 68-211-816 and 68-211-861.

(5) Reporting (a) Class I landfills shall report to the Department, on forms provided by the Department, the county of origin and tonnage of municipal solid waste on a quarterly basis within thirty (30) days after the end of the quarter.

(b) Class III and Class IV landfills shall report to the Department, on forms provided by the Department, the county of origin and tonnage of material data collected and disposed on an annual basis by January 31st for the previous calendar year. Volume data shall be converted from cubic yards to tons at a conversion factor of 4 cubic yards per ton.

(c) Recovered Materials Processing Facilities (RMPF) that manage over 100 tons per year of reclaimed, recovered or recycled materials or are publically owned shall report to the Department, on forms provided by the Department, the county of origin and tonnage by commodity type processed by March 1 of each calendar year. Material Processing Facilities may optionally report this information on a quarterly basis on forms provided by the Department.

For the purposes of this paragraph, RMPF shall not include end processors of materials or secondary/intermediate collectors of recycled materials. Only RMPFs that initially receive recycled materials directly from the public (including commercial collections, contracted collections, etc.) and process and market these materials to secondary, intermediate or end users are required to report under this paragraph.

(d) Material data collected from private sector recovered materials processing facilities shall be considered proprietary business information if requested by the private material recovery facility, and shall be protected as such and not be disclosed in a nonaggregated format. Data ownership information shall not be disclosed in this circumstance unless authorized by the data originator to do so.

(e) All municipal solid waste planning regions shall submit by March 31 st in the calendar year immediately following the reporting year their annual progress report by county.

The region may request in writing prior to the due date an additional thirty (30) days to submit all required information. Additional time may be granted by the Commissioner for good cause shown.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-211-101, et seq.; and 68-211-801, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Repeal and new rule filed October 10, 2012; effective January 8, 2013. Amendment filed February 26, 2015; effective May 27, 2015.

Tenn. Comp. R. & Regs. 0400-11-01-.10 CONVENIENCE CENTERS/COUNTY PUBLIC COLLECTION RECEPTACLES

(1) Purpose (a) This rule shall establish the minimum level of service which every county must provide in order to assure that all residents of a county are provided with collection and disposal service.

(b) This rule shall establish minimum standards for the design and operation of convenience centers if such service is selected by a County.

(c) This rule shall establish requirements for operation and use of county public collection receptacles for municipal solid waste.

(2) Minimum level of service – (a) Household collection - A county shall be deemed to have met minimum level of service if at least ninety percent (90%) of all residents have access to household collection.

(b) Convenience centers - A county shall be deemed to have a minimum level of service if convenience centers are established as provided in this subparagraph. Each county must have at least one convenience center unless a higher level of service is provided.

Convenience centers must meet the permit by rule requirements at part (2)(b)4 of

Rule 0400-11-01-.02. The operator must make attachments to the notification as follows:

(i) The operator attaches a written narrative to his notification describing the specific manner in which the facility complies with paragraph (3) of this

rule.

(ii) A design plan attached indicating boundaries of the site and all appurtenances.

(iii) A site location map is submitted on a USGS Topo map.

Number of centers - The service area of a county is defined as follows:

(i) Service area - The service area of a county is defined as follows:

(I) County area in square miles less in square miles the following;

I. Federal lands or reservations;

II. State lands or reservations;

III. Forestry reserves as held by wood processing industry;

IV. Municipal corporations served by mandatory collection;

V. Federally managed water bodies or rivers; or;

(II) Population as certified by the most recent census as per the U.S.

Bureau of Census less the population served by mandatory collection service.

(ii) The minimum number of centers shall be established as follows:

(I) The service area in square mile divided by one hundred eighty square miles (180 mi ); or (II) The service area population divided by 12,000.

(All calculations shall be rounded to the nearest whole number).

(c) Higher Level of Service - If a county or region proposes an alternative system, said system shall be approved by the Commissioner. The proposed system must provide a higher level of service than convenience centers. The county or region must, at a minimum, provide a review as per paragraph (4) of this rule and state in detail the criteria by which the system provides a higher level of service.

(3) Design and operation standards (a) Access - The facility shall restrict unauthorized access by means of fencing with the ability to secure access points. Operating hours shall be posted at the facility.

(b) Dust and Mud Control - In order to prevent the creation of a nuisance or safety hazard all surfaces utilized for access and general operation shall be paved (includes compacted stone).

(c) Run-on and Run-off Control 1. In order to prevent operational hazards all run-on surface water shall be diverted around the facility.

In order to prevent ponding of water, the surface of the facility shall be graded to assure proper runoff control. All runoff shall be diverted to an area that can be controlled with reference to release from the property. The release area shall be properly graded and stabilized to prevent erosion or other damage to adjoining properties. Release of solids in the runoff must be controlled.

(d) Fire safety - The facility must have on-site, properly maintained, fire suppression equipment. Arrangements must be made with the nearest available fire protection agency to provide additional protection.

(e) Communication - There shall be maintained during operating hours on-site equipment capable of notifying the appropriate authorities of an emergency, unless it is demonstrated to the Commissioner’s satisfaction that such requirement would be an unreasonable hardship at the convenience center location.

(f) Personnel facilities 1. In order to provide shelter during inclement weather and store necessary records and supplies a suitable structure shall be provided on-site.

Sanitary facilities shall be provided.

(g) Water - Service water should be provided to the facility if equipment and/or the facility management requires such water for maintenance.

(h) Process water - If mechanical compaction is utilized all liquid generated by this equipment shall be collected and properly managed.

(i) Waste Handling 1. Recycled material shall be placed in separate receiving containers;

All waste handling (including loading and unloading) shall be conducted on paved surfaces (pavement includes compacted stone);
There is no storage of solid waste at the facility except in containers, bins, or on paved surface designed for such storage;
All litter shall be collected at the beginning and end of each working day.

Incidents of illegal dumping shall be referred to local authorities and addressed in the annual revision of the solid waste plan.

(j) Facility supervision - Trained personnel must always be present during operating hours. Training will be established as per T.C.A. § 68-211-853.

(k) Siting restrictions 1. Convenience centers shall not be located within wetlands, unless the owner or operator makes the applicable demonstrations to the Commissioner as referenced at subparagraph (2)(p) of Rule 0400-11-01-.04.

The facility must not be located in a 100 year floodplain, unless the demonstration is made to the Commissioner as required at subparagraph (2)(n) of Rule 0400-11-01-.04.
The facility must not cause or contribute to the taking of any endangered or threatened species of plants, fish or wildlife; or result in the destruction or adverse modification of a critical habitat.
New convenience centers must not be located within fifty (50) feet of streams. In order to protect these, the area within the fifty feet must have a stable vegetative cover.

(l) The facility shall not receive special waste unless approval is received from the Department in writing. Approval will require the construction of special containment areas.

(m) The facility shall not receive medical waste.

(4) Municipal Solid Waste Collection and Plan (a) Annually each solid waste disposal region shall revise the local plan as required by T.C.A. § 68-211-814. This annual revision shall consider:

Survey of roadside dumps;
Citizen complaints;
Alternative systems available;
Volume of waste received or collection by the existing systems.

(b) This report shall be submitted to the Department of Environment and Conservation by March 31 of each year.

(5) Requirements for Operation and Use of County Public Collection Receptacles for Municipal Solid Waste (a) Each county which maintains and uses receptacles for the collection of municipal solid waste from the general public at sites separate from a convenience center shall develop a plan for the elimination of collection receptacles or the conversion to manned convenience centers as defined in paragraph (2) of Rule 0400-11-01-.01 by June 30, 2015. The county will include the following information as part of the municipal solid waste planning region’s annual report (which is submitted to the Division) until said collection receptacles are eliminated or converted:

The number of receptacles in the County by location;
The location of all receptacles by street address and geo-code (longitude and latitude);
Collection times for such receptacles; and 4. Operation procedures and security measures adopted and enforced to maintain and service the receptacles and to ensure the protection of public health and safety. Such information required by this part must be in the form of a narrative manual and meet the minimum requirements in subparagraph (b) of this paragraph.

(b) Minimum operation and security requirements shall be as follows:

All containers must be emptied at a minimum of once every 7 days, except the commissioner may provide an extension of time for severe weather or other emergency conditions.
Litter and/or solid waste outside the receptacles must be controlled. Such wastes must be removed at a minimum frequency of at least once every 7 days.
Receptacles must be maintained and managed in a manner to minimize disease vectors.
Receptacles must be located on an all weather surface (such as gravel).

(c) Per T.C.A. § 68-211-851, as amended, counties which did not have receptacles in place as of January 1, 1996 or which subsequent to such date discontinues use of any receptacle authorized in this paragraph, shall be prohibited from installing or maintaining additional receptacles.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; 68-211-101, et seq.; 68-211-701, et seq.; and 68-211-801, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Amendments filed October 10, 2012; effective January 8, 2013. Amendment filed December 18, 2012; effective March 18, 2013. Amendments filed October 1, 2019; effective December 30, 2019.

Tenn. Comp. R. & Regs. 0400-11-01-.12 REQUIREMENTS FOR CERTIFICATION OF OPERATORS, ATTENDANTS, AND

RESPONSIBLE PERSONS FOR SOLID WASTE LANDFILLS.

(1) General (a) Purpose The purpose of this rule is to establish procedures and requirements for training and certification of operators, attendants, and other responsible persons for municipal solid waste landfills. This rule will identify those persons who must receive certification and will impose fees for training and certification.

(b) Applicability The training and certification requirements of this rule apply to operators, attendants, and responsible persons for Class I landfills. One certified operator is required to be on-site during the hours of operation. However, a certified operator is not required to be on-site during the post closure period.

(c) Training and Certification for Class I Landfill Personnel The Department shall either conduct or approve another person to conduct training for the persons as provided in subparagraph (b) of this paragraph.

Training for landfill personnel shall include at least the following:

(i) Reading the Plans (ii) Basic Design and Landfill Operation (iii) Stormwater and Leachate Management (iv) Landfill Gas Management (v) QAQC for Performance Standard Requirements (vi) Random Inspection Program (vii) Ground Water Monitoring 2. Certification Required Those facilities identified in subparagraph (b) of this paragraph are required to have a certified operator and one certified attendant with their certification from a training program approved by the Department.

Certificate of Completion The training course must be provided or approved by the Department. Those persons required to obtain certification must attend the training course and must pass an exam. The Department will issue a “certificate of completion” to such individuals successfully completing the training course.
Term of Certification A certificate of completion issued by the Department under part 3. of this subparagraph shall be valid for 3 years, unless revoked or invalidated for cause as provided by T.C.A. § 68-211-853.

All persons required to obtain certification must become recertified within 3 years by attending 24 hours of Department approved training.

Application A person desiring to be certified must file an application with the Department on a form provided by the Department.
Examination An applicant must pass the written examination developed, prepared, and given by the Department or developed, prepared, and given by another person who has been approved by the Department.

An applicant who fails to pass an examination may repeat the examination at the next regularly scheduled examination date. If the applicant again fails to pass, he may then re-apply for the training and certification and pay the appropriate application fees.

Examination papers will not be returned to the applicant.

An applicant who fails to pass an examination may review his examination by making an appointment to do so within 30 days following notification of the exam grade.

Recognition of Other Certification Successful completion of a Department approved training course will adequately satisfy the initial certification requirements. The Department will maintain a list of approved training programs recognized by the Department.
Reciprocity (i) Certification of competency may be issued, without examination, to a person who holds a current valid certificate from another state or a private company that has entered into a reciprocity agreement with the Department.

(ii) Reciprocity agreements may be established if the Department determines that the certification and training program of another state or a private company meets or exceeds that of the Department.

Fees Fees are imposed for the operator and attendant training and certification.

Application for landfill operator and/or attendant certification by the Department must be made on forms provided by the Department completed in full according to the instructions.

(i) Applications for initial certification must be accompanied by a $400 certification fee.

(ii) Applications for recertification must be accompanied by a $100 recertification fee.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-211-101, et seq.; and 68-211-801, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-11-01-.13 REQUIREMENTS FOR LAND APPLICATION FACILITIES

(1) General (a) Purpose - The purpose of this rule is to establish procedures, documentation, and other requirements which must be met in order for a person to design, construct and operate a land application facility in Tennessee.

(b) Scope/Applicability 1. The requirements of this rule apply to land application facilities in Tennessee.

Except as specifically provided elsewhere in these rules, no person may land apply solid waste without a permit as provided in part (1)(b)1. of Rule 0400-11- 01-.02.

The land application of landscaping and landclearing wastes and farming wastes are exempt from the permit requirements of this rule.
The land application of solid wastes from food processing facilities are subject to the requirements to have a permit-by-rule.
Land application of all other solid wastes will be subject to subpart (1)(b)3.(xxi) of

Rule 0400-11-01-.02.

(c) Notification Requirements - The operator must comply with the notification requirements of part (2)(b)6. of Rule 0400-11-01-.02. The operator must make attachments to the notification as follows:

The operator attaches a written narrative to his notification describing the specific manner in which the facility complies with paragraph (2) of this rule.
The operator attaches any sampling, monitoring, or other plans required by these rules or by the Commissioner.
The operator of an existing permit-by-rule land application facility must modify the notification if:

(i) Adding a waste stream from a new generator, or a waste stream from an existing generator which has not been previously approved for land application at that site; or (ii) Adding new acreage to the land application operations.

(2) Unless specifically noted otherwise, the standards of this paragraph shall apply to all land application facilities subject to a permit-by-rule as provided in paragraph (1) of this rule.

(a) Performance Standards 1. The facility must be constructed, operated, maintained, and closed in such a manner as to minimize:

(i) The propagation, harborage, or attraction of flies, rodents, or other disease vectors;

(ii) The potential for releases of solid wastes or solid waste constituents to the environment except in a manner authorized by state and local air pollution control, water pollution control and/or waste management agencies; and (iii) The potential for harm to the public through unauthorized or uncontrolled access.

(b) Design Standards - In addition to satisfaction of the performance criteria detailed in subparagraph (a) of this paragraph, land application facilities must be designed and constructed in compliance with this paragraph.

The facility must designate and describe in the attachments to the permit-by-rule notification any on-site storage of solid wastes at the land application facility. Any storage must be restricted to containers, bins, lined pits or on paved surfaces, designed for such storage, or other storage provisions approved by the Commissioner. Any lagoons/surface impoundments must be of an engineered design. Such design must include a liner and groundwater monitoring system capable of detecting leakage from the storage unit. Additionally, detailed engineering drawings and a design/operational narrative must be provided to the Division as an attachment with the permit-by-rule notification for review and approval.
The facility must not be located in a floodplain unless it is demonstrated to the satisfaction of the Commissioner that the land application area is operated and maintained to prevent washout of any solid waste.
The facility shall not be located in wetlands.
If a facility is proposed in an area of highly developed karst terrain, the applicant must demonstrate to the satisfaction of the Commissioner that the facility will not cause any significant degradation to the local groundwater resources.
The facility must be located such that the waste application boundaries are greater than:

(i) 500 feet from a dwelling;

(ii) 500 feet from any domestic water supply well;

(iii) 100 feet from a stream;

(iv) 1000 feet from a public water supply well; and (v) 20 feet from a public roadway.

There must be a vegetative buffer zone between the facility and any wet weather conveyance, stream, or karst feature.
Analytical data for each of the waste streams proposed for land application must be submitted to the Division. The analytical data must completely characterize the wastes proposed for land application.

(c) Operational Standards - In addition to satisfaction of the performance and design criteria detailed in subparagraphs (a) and (b) of this paragraph, land application facilities must be operated in compliance with this paragraph.

Facilities at which wastes are to be land applied for agronomic benefits, must demonstrate that the rate at which waste is to be land applied will benefit crop production without exceeding crop nutrient needs or hydraulically overloading the receiving soils.
For wastes which are to be land applied for soil amendment benefits, the facility must demonstrate the amendment value of land application by soil and waste analysis, and that application rates must not exceed the soil amendment needs of, or hydraulically overload the receiving soils.
The land application of waste must not result in an accumulation of harmful levels of waste constituents in crops or in the environment. It must be demonstrated that the rate at which waste is to be land applied will not result in an accumulation of harmful levels of waste constituents or waste degradation byproducts in the receiving soils, produced crops, or in the environment.
The soils analytical data, the waste constituent analytical data and waste application rate calculations must be included as an attachment to the permit-by-

rule notification.

Land application methods must be appropriate for the waste being land applied.

Wastes which have a potential for attraction of vectors or for the generation of objectionable odors must be immediately incorporated into the soil matrix, either through direct injection or tilling.

Except as provided at part (b)1. of this paragraph, there must be no storage of solid wastes at the facility.
Wind dispersal of solid wastes at or from the facility must be adequately controlled.
The facility must be operated in a manner such that the rate at which waste is to be land applied would be at a rate beneficial to crop production.
The facility must submit a sampling plan for the periodic monitoring for waste materials, waste constituents in soil, and in surface waters. In this plan, the facility must propose a sampling frequency, proposed parameters and indicate the report format in which it will be submitted.
Ground water monitoring may be required by the Commissioner. If groundwater monitoring is required by the Commissioner, a groundwater monitoring plan must be submitted for approval.

(d) Recordkeeping Requirements - The operator must maintain for the operational life of the facility the following records:

A list of all generators of solid wastes land applied by the permittee; and 2. For each solid waste stream land applied, the total quantity applied, and the number of acres to which the waste was applied.

(e) Reporting Requirements 1. Annual Reporting - On or before March 1 of each year, the operator must submit to the Division an annual report. This annual report must contain, at a minimum, the following information:

(i) The full name and permanent mailing address of the permittee;

(ii) The street address(es) for all locations at which the permittee has land applied solid wastes during the previous calendar year;

(iii) A list of all generators of solid wastes land applied by the permittee during the previous calendar year;

(iv) For each solid waste stream land applied during the preceding year, the total quantity applied, and the number of acres to which the waste was applied;

(v) Copies of any analytical data generated during the preceding year for any solid waste materials that the permittee has land applied; and (vi) Copies of any analytical data generated during the preceding year from surface waters, groundwater monitoring or soil samples at each site where solid waste materials have been land applied.

(f) Financial Assurance - Financial assurance is intended to ensure that adequate financial resources are available to the Commissioner for the proper operation and closure of the facility. The types of financial assurance instruments that are acceptable are those specified in subparagraph (3)(d) of Rule 0400-11-01-.03. Such financial assurance shall meet the criteria set forth in T.C.A. § 68-211-116 and Rule 0400-11- 01-.03. Financial assurance must be provided for land application facilities having a waste storage capacity in excess of 100,000 gallons for liquids and/or sludges, or 1000 cubic yards for solids. The applicant shall file with the Commissioner a performance bond or equivalent cash or securities, payable to the State of Tennessee.

(g) Reserved.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; 68-211-101, et seq.; 68-211-701, et seq.; and 68-211-801, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Amendment filed December 18, 2012; effective March 18, 2013. Amendments filed October 1, 2019; effective December 30, 2019. Amendments filed April 16, 2025; effective July 15, 2025.

Chapter 0400-11-02 Challenge Grants for Waste Reductions (Previously numbered 1200-01-16)

Tenn. Comp. R. & Regs. 0400-11-02-.01 PURPOSE AND SCOPE

(1) This rule is established in order to set standards and procedures that are necessary for the administration of the grant program established by T.C.A. § 68-212-205(d).

(2) This program shall be known as the Challenge Grants Program. The purpose of the Program is to assist in the development and implementation of programs to prevent, minimize, recycle, or eliminate toxic and/or hazardous waste generation in keeping with the policy of the state, that “...wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Waste that is nevertheless generated should, in order of priority, be reduced at its source, recovered and reused, recycled, treated, or disposed of so as to minimize the present and future threat to human health and the environment.” (T.C.A. § 68- 212-201(b)).

(3) There shall be two (2) broad categories of Challenge Grants. One category shall be for research to encourage the development of new technology for the reduction or better treatment of hazardous waste. The other category shall encourage generators of hazardous waste to adopt and adapt more appropriate technologies that reduce or better treat hazardous waste.

History

Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-11-02-.02 ELIGIBLE PROJECTS

(1) All Tennessee businesses, industries, trade associations and institutions of higher education are eligible to submit a proposal for a challenge grant if the project is located in Tennessee.

(2) Generator projects will involve the study of the applicability of waste reduction techniques to determine the effectiveness of that waste reduction technique at the applicant’s facility.

(3) Research projects will involve the evaluation of new waste reduction methods or technology.

Research projects will determine if the method or technology is practical for use by hazardous waste generators in Tennessee.

History

Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-11-02-.03 FUNDING

(1) No individual grant shall exceed ten thousand dollars ($10,000).

September, 2012 2 (2) Grant recipients must provide matching funds or in-kind contributions which equal or exceed the grant amount.

(3) Grant funds may be used for rental of pilot scale equipment or purchase of supplies.

(4) Grant funds may not be used for capital improvements or the purchase of equipment.

(5) Project billing to the state shall be as specified by the Commissioner in the grant agreement.

History

Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-11-02-.04 PROPOSAL

(1) Each grant proposal shall be accompanied by a letter of transmittal indicating: the primary contact person, a project summary statement, grant amount requested, matching funds available, projected schedule and shall be signed by the applicant.

(2) Each grant proposal shall include an introduction detailing the specific nature of the problem and the need for improvements.

(3) Proposals must identify the specific methods or technologies proposed to be used for waste reduction. Waste reduction includes but is not limited to source reduction, on-site recycling, and/or reuse. Source reduction includes but is not limited to product substitutions and process changes.

(4) The proposed project shall be described in sufficient detail that a person unfamiliar with the waste issue or proposed research procedure can make a judgment of the merits of the project. The proposal shall detail deadlines for specific activities and provide a statement of expected results and potential environmental and economic benefits.

(5) A line item schedule of costs for the project shall be provided showing separation of grant costs and matching costs of the applicant. Totals for the grant amount requested and the matching funds shall be shown.

(6) The qualifications of the project manager(s) shall be provided.

History

Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-11-02-.05 REPORTS

Interim reports shall be submitted as required by the Commissioner in the grant agreement and a final report addressing project results shall be submitted at the completion of the project. A summary of total project costs shall be included with the final report. Each proposal shall include an agreement to provide interim and final reports as required by the Commissioner and that all reports may be furnished to the public in promoting waste reduction statewide.

History

Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-11-02-.06 CRITERIA FOR PROJECT SELECTION

(1) All grant proposals shall be evaluated according to their relative accuracy, completeness and potential contribution to achieving the goal stated in Rule 0400-11-02-.01, using the following criteria:

September, 2012 3 (a) Identification of the Waste Reduction Problem Description of the hazardous or toxic waste covered by the proposal including the chemical characterization of the waste and the quantity produced on an annual basis.

The method(s) presently used by the applicant to manage the waste to be studied.

(b) Soundness of Technical Approach The description of the activities to be taken to complete the study including scope of work and the methods to be used to collect and analyze data to evaluate the effectiveness of the method or technology being studied.

(c) Financial Support Provision of financial support sufficient to bring the study to a reasonable conclusion including a breakdown of expenditures expected for labor, travel, materials, laboratory analyses, computer time and other specialized costs related to the proposed project.

(d) Environmental and Economic Benefits The reduced environmental impact and the amount of money that would be saved if the study is implemented.

(e) Reference to the Statewide Problem The practicality of the application of the study recommendations to similar waste streams statewide and the potential for reducing hazardous or toxic waste statewide.

(f) Qualification of the Project Director The qualifications of the project director as they relate to the type and scope of the proposed project.

(g) Amount of Waste to be Reduced The estimated amount of hazardous and/or toxic waste that would be reduced at the site being studied or in case of a research project an estimate as applied to typical waste streams.

(h) Project Schedule The proposed schedule of activities which will lead to a satisfactory conclusion of the project within the contract period.

(2) Each criterion provided in paragraph (1) of this rule shall be given equal weight. Each proposal shall be rated using all criteria. Each proposal shall be given a numerical score for each criterion based on the accuracy, completeness and the degree to which the application statements are directed toward the program goal. The sum of the numerical scores for all of the criteria shall be the score for that application.

(3) All proposals shall be ranked in order of priority for the purpose of selecting the eligible applicants for the available funds. A higher scoring proposal shall be given priority over a lower scoring proposal. In case of a tie the proposal received earliest shall be given priority.

September, 2012 4

History

Authority: T.C.A. §§ 68-212-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

0400-12 Division of Solid Waste Management (Hazardous Waste Program)

Chapter 0400-12-02 Commercial Hazardous Waste Management Facilities (Renumbered from 1200-01-14)

Tenn. Comp. R. & Regs. 0400-12-02-.01 COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITIES: GENERAL

(1) General (a) Purpose, Scope and Applicability 1. This rule provides definitions of terms, general standards, and overview information applicable to these rules.

In this rule:

(i) Subparagraph (1)(b) establishes rules of grammatical construction for these rules.

(ii) Subparagraph (1)(c) describes the system by which these rules are organized, numbered, and referenced.

(iii) Subparagraph (2)(a) defines terms which are used in these rules.

(b) Use of Number and Gender As used in these rules:

Words in the masculine gender also include the feminine and neuter genders.
Words in the singular include the plural.
Words in the plural include the singular.

(1) paragraph (a) subparagraph 1. part (i) subpart September, 2012 2 (I) item I. subitem (2) Definitions and Incorporations (a) Definitions Unless otherwise defined in this subparagraph, the definitions found in paragraph (2) of

Rule 0400-12-01-.01, “Hazardous Waste Management System: General”, shall apply when those terms are used in this Chapter. In addition, when used in this Chapter, the following terms have the meanings given below:

“Appropriate local community officials” shall include, but not necessarily be limited to, the chief officer of the county legislative body of the county in which the commercial facility is or is to be located and the chief officer(s) of the municipal legislative body(ies) of all incorporated municipalities where the commercial facility is or is to be situated within, or within one mile of, the boundaries of such municipality.

“Area” means a section or region of land potentially subject to adverse impacts due to releases from hazardous waste TSD units in one or more associated locations.

Adverse impacts may occur via both ground water and surface water flow. Because ground water and surface water intake and withdrawal points are not necessarily adjacent to each other, an area does not necessarily border a location.

“Commercial facility” means any hazardous waste management facility that stores, treats or disposes of hazardous waste generated off-site. However, a facility shall not be deemed to be a commercial facility if the only hazardous waste that it receives from off-site is either:

hazardous waste generated from material manufactured by a corporation, generated only at a site or sites owned or operated by the same manufacturing corporation, or subsidiaries of such corporation, or product distribution sites under contract to such corporation; provided, that the volume of hazardous waste received from such sites and placed in storage for more than thirty (30) days does not exceed ten percent (10%) of the permitted or interim status storage capacity at the facility; and provided further, that during no annual period may more than ten percent (10%) of the total hazardous waste treated or disposed at the facility be from such sites;
mixed hazardous waste (hazardous waste that is also regulated as a radioactive material) that is received for storage and treatment (but not disposal or incineration) pursuant to an order, compliance plan or similar plan or agreement in which such receipt for storage and treatment is specifically approved by the commissioner or board; provided, that any such order, compliance plan or similar plan or agreement also requires that the ultimate land disposal of such mixed hazardous waste or waste from its treatment be at a commercial facility permitted under this part or a properly authorized facility in another jurisdiction; or 3. hazardous wastes in the same waste codes and generated from the same industrial operations that a combustion facility was permitted to receive on July 1, 2001, notwithstanding any change of ownership of such operations since such date. The volume of such waste treated annually shall not exceed ten percent (10%) of the combustion facility’s July 1, 2001, permitted treatment capacity.

September, 2012 3 “Endangered or threatened species” means any species listed in 50 CFR Part 17, Rule 0400- 06-02-.04, as such lists exist on the effective date of this rule.

“Land-based unit” means a unit subject to Rule 0400-12-01-.06(6) including surface impoundments, landfills, waste piles, land treatment units, and hazardous waste management units subject to Rule 0400-12-01-.06(27). Units exempt from ground water monitoring correction requirements under Rule 0400-12-01-.06(6)(a)2 and covered indoor waste piles in compliance with Rule 0400-12-01-.06(12)(a)3 are considered non-land-based units.

“Local community” means the county and incorporated municipality, if any, in which the facility is proposed and any incorporated municipality within one (1) mile of the proposed facility. (Note: For purposes of identifying incorporated municipalities within this one-mile limit, distances shall be measured on the straight line between the points on the facility boundary and the municipal boundary that are nearest each other. For purposes of this determination, “facility boundary” shall refer to the facility property line unless there is a security fence or other clear boundary of a smaller area within which all hazardous waste management activities (exclusive of transportation to and from such smaller area) will be conducted.)

“Location” means a site-specific tract of land that is within or is part of a larger area that is characterized by a distinctive topography, specific local geologic or hydrogeologic conditions, or that has ecological benefit.

“New commercial hazardous waste management facility” or “new commercial facility” means any commercial facility which is not: (1) an existing facility, or (2) an already permitted facility, or (3) a facility for which the permit application required by Rule 0400-12-01-.07 was filed with the department on or before July 1, 1989, or (4) a planned facility which was under review by the department in anticipation of the filing of an application on or before July 1, 1989.

“Non-land-based unit” means an incinerator, tank and its associated piping and underlying containment system, or container storage area, and other units not subject to Rule 0400-12- 01-.06(6). Non-land-based unit also means those hazardous waste management units regulated under Rule 0400-12-01-.06(27) that are not subject to Rule 0400-12-01-.06(6).

“Private drinking water supply system” means all water supplies that are not public water supplies which are primary drinking water sources.

“Public Water Supply System” means a system that supplies to the public piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year.

“Qualified professional” means a scientist, engineer, or professional in a technical discipline with sufficient training and experience, as demonstrated by State registration, professional certification, or completion of accredited university programs, that enables the individual to make sound professional judgments regarding location standards demonstrations.

“Scenic, cultural or recreational area” means parks, forests, recreational areas, museums, and wildlife management areas owned and/or operated by Federal, State, and/or local government (or agencies created by such government); Class I and II designated natural areas identified at T.C.A. §11-14-108; Class I, II, and III Scenic Rivers identified at T.C.A. §11-13-104 and Scenic River Areas designated pursuant to T.C.A. §11-13-108; and sites included on the National Register of Historic Places established by the Department of Interior, Washington, D.C. or determined eligible for National Register listing by the National Park Service, Tennessee’s State Historic Preservation Officer. This shall not include rivers September, 2012 4 and streams except where such are located within, or serve as, the boundaries of the abovedescribed areas.

“Stream” means a watercourse which normally carries flow or supports a viable aquatic community.

“Unit” or “Hazardous waste management unit” is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system, and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.

History

Authority: §§ 68-212-101 et seq., 68-212-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

Tenn. Comp. R. & Regs. 0400-12-02-.02 ;

(iii) New land-based and thermal treatment units to be added to existing or proposed commercial facilities which do not meet the definition of ‘‘new commercial facility’’ at Rule 0400-12-02-.01(2)(a).

(iv) Those permitted non-commercial facilities whose permit is modified to allow commercial operation.

Except as provided in subpart 1(iii) of this subparagraph, the requirements of this

rule shall not apply to:

(i) Those commercial facilities or units which were in existence and had a permit and/or interim status on July 1, l989;

(ii) Proposed commercial facilities or units which do not meet the definition of ‘‘new commercial facility’’ at Rule 0400-12-02-.01(2)(a).

The requirements of this rule shall not apply to those commercial facilities which are seeking a new permit to replace an expiring permit unless subpart 1(ii) or (iii) of this subparagraph also apply.
With respect to the addition of new units to permitted commercial facilities;

September, 2012 14 (i) The requirements of paragraph (3) and subparagraphs (4)(q) and (r) of this

rule shall not apply, and (ii) The other requirements of this rule shall apply only to those units for which a permit is required pursuant to Rule 0400-12-01-.07.

The criteria of paragraphs (2) and (3) of this rule shall apply to new commercial facilities in addition to the facility standards of Rule 0400-12-01-.06. In the event of any overlap or conflict between these criteria and standards, the more stringent requirements shall apply.
The information required in paragraph (4) of this rule must be submitted as part of, or along with, the Part B permit application described in Rule 0400-12-01- .07(5). However, those portions of the documentation submitted in compliance with paragraph (4) of this rule must be clearly identifiable and separable.

(d) Definition of ‘‘Existing’’ The distance criteria of this rule shall apply to those wetlands, wells, streams, intake points, parks, structures and other protected entities as those entities exist on the date of original Part A application submittal (exclusive of voided Part A applications - see

Rule 0400-12-02-.02(2)(a)) for a proposed new commercial facility. The term ‘‘existing’’ is used in this rule to denote this.

(2) Siting Criteria (a) Floodplains 1. New land-based units shall not be located in 100-year floodplains.

Owners or operators of new non-land-based units located in 100-year floodplains must demonstrate, to the satisfaction of the commissioner, that the unit is designed, constructed, operated, and maintained to prevent the washout of any hazardous waste by a 100-year flood, and to enable the unit to withstand the effects of erosion during its active life. New units will be prohibited in locations where the owner or operator is unable to make these demonstrations.
Owners or operators of new units located in the 100-year floodplain must further demonstrate that maintenance activities will repair controls after a flood.
New non-land-based units shall not be located in the historical migration zone of 100-year floodplains.
As used in this subparagraph:

(i) ‘‘100-year flood’’ means a flood discharge that has a one-percent chance of being equaled or exceeded in any given year.

(ii) ‘‘100-year floodplain’’ means any land area which is subject to a one percent or greater chance of flooding in any given year from any source.

(iii) ‘‘Historical Migration Zone’’ means the area within any 100-year floodplain as defined by the Federal Emergency Management Agency (FEMA) on September, 2012 15 their Flood Insurance Rate Maps (FIRMs) having a Flood Hazard Factor code greater than or equal to A7.

(iv) ‘‘Flood Hazard Factor’’ (FHF) is, for a given reach of any body of water, the weighted difference between the 10- and 100-year water surface elevations expressed to the nearest one-half foot; FHFs have been calculated by FEMA for the vast majority of flood-prone areas of the U.S.

(v) ‘‘Washout’’ means the movement of hazardous waste from hazardous waste management unit as a result of a flood event.

(b) Wetlands 1. New land-based and non-land-based units shall be prohibited in or adjacent to wetlands.

As used in part 1 of this subparagraph:

(i) ‘‘Adjacent’’ to a wetland means bordering, contiguous, neighboring, or hydrologically interconnected via surface water or ground water. Adjacent wetlands include, but are not limited to, those areas that are separated from other waters of the states by man-made dikes, berms, or barriers, natural river berms, and beach dunes.

(ii) ‘‘Wetland(s)’’ means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands include, but are not limited to, swamps, marshes, bogs, and similar areas.

(c) Seismic Considerations 1. New land-based and non-land-based units to be located in the vicinity of a fault along which movement during the Holocene has occurred shall be located no closer than 200 feet (61 meters) to the fault, unless a site-specific demonstration under part 3 of this subparagraph is made.

For new land-based and non-land-based units that will be located within 3,000 feet of a lineament, owners or operators shall demonstrate, to the satisfaction of the commissioner, that no faults along which movement during the Holocene has occurred are present within 200 feet of the unit. This is the minimum distance specified by the commissioner, unless a site- specific demonstration is made under part 3 of this subparagraph.
In cases where the owner or operator or the regulatory authority believes that the 200 foot distance is either larger than necessary or not large enough to protect human health and the environment, they may do site-and regional-specific studies to demonstrate, to the satisfaction of the commissioner, that the zone of deformation is smaller or larger than 200 feet. This comprehensive site and regional investigation must show that any movement along the Holocene fault and in the adjacent zone of deformation will not disrupt the contents of any unit or damage the structural integrity of any unit, or in any way threaten human health or the environment.
For new land-based and non-land-based units to be located in a seismic impact zone, as determined by the owner or operator based on approved seismic risk September, 2012 16 maps or methods, the owner or operator shall demonstrate, to the satisfaction of the commissioner, that:

(i) The structural integrity of the unit will allow it to withstand damage caused by any ground shaking, liquefaction, or seismic wave motion exceeding the predicted maximum horizontal acceleration for the corresponding seismic impact zone, or (ii) There is less than 10 percent probability that the maximum horizontal acceleration at the site will exceed 0.10g in 250 years.

As used in parts 1 through 4 of this subparagraph:

(i) ‘‘Displacement’’ means the relative movement of any two sides of a fault measured in any direction.

(ii) ‘‘Fault’’ means a fracture or zone of rock fracturing in any material along which there has been an observable amount of displacement of the sides relative to one another.

(iii) ‘‘Holocene’’ means the most recent geologic epoch within the Quaternary Period, from the end of the Pleistocene Epoch to the present, including the last 10,000 - 12,000 years.

(iv) ‘‘Lineament’’ means an arranged topographical line or series of lines on the earth’s surface, which may be straight or gently curved, and of sufficient length as to indicate or reflect the alignment of buried structural configurations (these features may be indicated by depressions, uplifts, changes in stream course, or changes in vegetation, and may denote the presence of faults, folds, or joints).

(v) ‘‘Horizontal ground acceleration’’ is the maximum change in velocity over time relative to horizontal movement of the earth’s surface as measured at a particular point during an earthquake. This is a parameter used to specify the hazard posed to structures caused by ground motion during an earthquake. This information can be used to calculate the acceleration values for any particular area and is derived from equations relating to the area’s geology and its past seismicity. Calculated acceleration values are plotted on a map and contoured to delineate regional variations in predicted estimates of maximum ground acceleration. Such maps are available in Open-File Report No. 82-1033 of the U.S. Geological Survey.

(vi) ‘‘Seismic impact zone’’ means an area where the probability is greater than or equal to 10 percent that the maximum horizontal acceleration in lithified earth material will equal or exceed 0.10g (expressed as a percentage of the earth’s gravitational pull (g), in 250 years.

(vii) ‘‘Structural component(s)’’ means any constituent, part, element, or ancillary device used in the construction and operation of a land-based or non-land-based unit.

(viii) ‘‘Zone of deformation’’ means the area adjacent to and surrounding a Holocene fault which is subject to structural deformation as a result of movement along the fault. Geologic features that may occur in a zone of deformation include splay or satellite faults, gauge zones, en echelon fault clusters, and complexly deformed strata.

September, 2012 17 (d) Unstable Areas 1. Poor Foundation Conditions (i) Owners and operators of new land-based and non-land-based units to be located in areas where poor foundation conditions exist at, beneath, adjacent to, or in the area of the unit shall demonstrate, to the satisfaction of the commissioner, that the problem conditions can and will be mitigated, or have been mitigated, using appropriate engineering methods.

(ii) As used in subpart (i) of this part, ‘‘poor foundation conditions’’ means those areas where features exist which indicate that a natural or maninduced event may result in inadequate foundation support for the structural components of a land-based or non-land-based unit.

Areas Susceptible to Mass Movement (i) Owners and operators of new land-based and non-land-based units to be located in areas susceptible to mass movement shall demonstrate, to the satisfaction of the commissioner, that appropriate engineering measures will be applied to ensure unit structural integrity and to mitigate the threats posed to human health and the environment by mass movement.

(ii) As used in subpart (i) of this part, ‘‘areas susceptible to mass movement’’ means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the unit, because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, creep, solifluction, block sliding, rock fall, and slump. As a minimum those areas identified on the Geological Hazards Map of Tennessee (published in 1977 by the Tennessee Department of Conservation and the Tennessee State Planning Office) as subject to mass movements, shall be so considered.

(iii) As used in subpart (i) of this part, ‘‘structural integrity’’ means the ability of a unit to withstand physical forces exerted upon designed components, ancillary devices, and containment structures (e.g., liners, dikes) of the unit.

Karst Terrain (i) New land-based units shall not be located in a karst terrain unless the owner or operator demonstrates, to the satisfaction of the commissioner, that:

(I) The site hydrogeologic characterization requirements of part (4)(h)1 of this rule have been met, and (II) The media-specific requirements for ground water under part (e)1 of this paragraph have been met, and that ground water can be effectively monitored and corrective action can be effectively implemented in accordance with Rule 0400-12-01-.06(6)(h) through September, 2012 18 (k) to prevent the rapid spread of contaminants through the subsurface in the event of a hazardous waste release, and (III) A geotechnical and hydrogeologic investigation of the site as required by part (4)(h)1 of this Rule shows that the site is stable within Holocene time, and that subsidence into or collapse of subsurface solution cavities as a consequence of instability caused by liquefaction of overburden or by the presence of subsurface voids will not occur.

(ii) New non-land-based units shall not be located in a karst terrain unless the owner or operator demonstrates, to the satisfaction of the commissioner, that:

(I) The site hydrogeologic characterization requirements of part (4)(h)1 of this rule have been met, and (II) A geotechnical and hydrogeologic investigation of the site as required by part (4)(h)1 of this rule shows that the site is stable within Holocene time and subsidence into or collapse of subsurface solution cavities as a consequence of instability caused by liquefaction of overburden or by the presence of subsurface voids will not occur, or (III) Where the requirement of item (II) of this subpart cannot be met, that appropriate engineered measures are applied to ensure the unit’s structural integrity and to contain, mitigate, or eliminate the adverse effects to human health and the environment that may occur as a result of locating in karst terrain.

(iii) Owners or operators of new units located in a karst terrain that meet the demonstration requirements specified in subparts (i) and (ii) of this part shall design, construct, operate, and maintain the unit in a manner such as to prevent any adverse impacts on human health and the environment as a consequence of the unit’s location in karst terrain.

(iv) As used in subparts (i) through (iii) of this part, ‘‘karst terrain’’ means a specific type of topography that is formed by dissolving or solution of carbonate formations, such as limestone or dolomite; it is characterized by closed depressions or sinkholes, caves, sinking and reappearing streams, and/or underground conduit drainage flow.

(e) Ground water 1. Complex Hydrogeology (i) New land-based units are prohibited in areas where the owner or operator cannot demonstrate, to the satisfaction of the commissioner:

(I) That the hydrogeology of the site can be adequately characterized.

The characterization shall include the rate and direction of ground water flow within the uppermost aquifer and all interconnected aquifers using a ground water flow net (or equivalent hydrogeologic model on a local scale as specified under part (4)(i)1 of this rule);

September, 2012 19 (II) Compliance with the ground water monitoring requirements under

Rule 0400-12-01-.06(6); and (III) The technical practicability of a corrective action program at the site, based on the availability of current or new and innovative technologies that could practicably achieve ground water remediation. The demonstration shall specify how a corrective action response will be effectively implemented to remediate a release to ground water within the facility property boundary and shall illustrate all the factors that are necessary to be in compliance with the corrective action requirements under Rule 0400-12-01-.06(6).

(ii) Owners or operators of new land-based units that meet the requirements for an exemption from ground water monitoring/correction requirements as specified under Rule 0400-12-01-.06(6)(a)2 are exempt from items (i)(I) and (i)(II) of this part.

High-Resource-Value Ground Waters (i) New land-based units located in vulnerable hydrogeologic settings overlying high-resource-value ground waters or the recharge zone of highresource-value ground waters are prohibited unless the following conditions are met by the owner or operator:

(I) An extension of the post-closure-care period is granted by the commissioner for such time as is necessary to protect human health and the environment;

(II) The unit contains only waste that has been treated using Best Demonstrated Available Technology (BDAT) as required under Rule

Tenn. Comp. R. & Regs. 0400-12-02-.03 SITING CRITERIA FOR NEW COMMERCIAL HAZARDOUS WASTE MANAGEMENT

FACILITIES.

(1) General (a) Purpose/Scope 1. Paragraph (2) of this rule establishes the criteria which define an acceptable site for a new commercial facility in Tennessee. These criteria provide a basis upon which permit applications for facilities will be evaluated. The differences between treatment, storage and disposal facilities are incorporated into a ‘‘unit’’ approach (i.e. ‘‘land-based units’’ and ‘‘non-land-based units’). This approach rather than a ‘‘facility’’ approach was selected in recognition that a ‘‘facility’’ may include several different ‘‘units’’ of various types and functions. The land-based/non-landbased distinction was selected over a storage/treatment/disposal distinction when it became apparent that the structural nature of a unit was much more September, 2012 13 important than its intended use function in evaluating the risks the unit poses to human health and the environment in a given locational setting. For example, a surface impoundment holding hazardous wastes presents much the same hazards to surrounding persons and properties whether it is holding the wastes for purposes of storage, treatment, or disposal. In effect, the land-based/nonland-based approach distinguishes between certain types of storage/treatment units and others, with disposal units always considered land-based units. This is consistent with the approach taken in establishing the hazardous waste management facility standards promulgated in Chapter 0400-12-01, Hazardous Waste Management.

Paragraph (3) of this rule establishes the criteria by which the permit applicant’s previous operating history in the field of solid or hazardous waste management will be evaluated.
Paragraph (4) of this rule establishes the documentation deemed necessary in order for the department to determine compliance with the criteria of paragraphs (2) and (3). These information requirements must be met in order for a person to be permitted to operate a new commercial facility in Tennessee.

(b) Applicability 1. Except as provided in part 4 of this subparagraph, the requirements of this rule apply as specified to the following hazardous waste management facilities or units, and the owner(s) and operator(s) thereof:

(i) All new commercial facilities that are required to apply for a permit pursuant to Rule 0400-12-01-.07;

(ii) All new hazardous waste management units to be added to commercial facilities which previously received a permit pursuant to this rule and Rule

Tenn. Comp. R. & Regs. 0400-12-01-.10 ; and (III) The owner or operator can demonstrate, to the satisfaction of the commissioner, that health-based criteria for those hazardous wastes or hazardous constituents of concern will not be exceeded beyond the limit of the waste management area in the event of a release, or that the owner or operator can implement an effective corrective action program within the time necessary to prevent contamination in the underlying aquifer from moving beyond the facility property boundary and endangering human health and the environment.

Health-based criteria are:

I. Maximum contaminant levels (MCLs) promulgated under

Section 141.2 of the Safe Drinking Water Act (40 CFR Part 141 Subpart B), or II. For hazardous constituents for which MCLs have not been promulgated, a concentration which satisfies the following criteria, assuming exposure through consumption of the water contaminated with the hazardous constituent:

A. Is derived in a manner consistent with U.S. Environmental Protection Agency guidelines for assessing the health risks of environmental pollutants (51 FR 33992, 34006, 34014, 34028), and September, 2012 20 B. Is based on scientifically valid studies conducted in accordance with the Toxic Substances Control Act (TSCA) Good Laboratory Practice Standards (40 CFR

Part 792), or equivalent, and C. For carcinogens, represents a concentration associated with an excess upper bound lifetime cancer risk of 1x10-6 due to continuous constant lifetime exposure, and considers the overall weight of evidence for carcinogenicity, and D. For systemic toxicants, represents a concentration to which the human population (including sensitive subgroups) could be exposed on a daily basis that is likely to be without appreciable risk of deleterious effects during a lifetime.

(ii) The commissioner shall extend the unit post-closure-care period as specified under Rule 0400-12-01-.06(7)(h)1 for new land-based units in vulnerable hydrogeologic settings overlying ground waters other than highresource-value ground waters for such time as is necessary to protect human health and the environment.

Corrective Action Buffer Zone (i) Owners or operators of new land-based units shall establish a dedicated buffer zone between the unit and the facility property boundary adequate to ensure that ground water time of travel, measured along a flow line at least 100 feet in length and originating at the base of the unit, allows adequate time to implement the corrective action response necessary to remedy a hazardous waste release to ground water and to mitigate, contain, or eliminate the release within the facility property boundary. Calculation of the ground water time of travel shall be made as specified under item (4)(i)2(iii) of this rule.

(ii) Owners and operators of new land-based units that cannot establish a dedicated buffer zone at their site that fulfills the requirements under

subpart (i) of this part are prohibited from constructing their facility at that particular site.

(iii) A dedicated buffer zone as required under subpart (i) of this part shall meet the following criteria:

(I) It shall consist of an area of land between the unit and the facility property boundary that is owned by the owner or operator and serves as a separation distance between the unit and facility property boundary. The buffer zone shall be used for corrective action and not for the treatment, storage, or disposal of hazardous waste;

(II) It shall serve as a buffer zone for as long as hazardous waste or hazardous constituents remain in the unit, and (III) It shall be recorded as a notation on the facility property deed as a dedicated portion of the facility property for the sole purpose for September, 2012 21 which it is intended as specified under items (I) and (II) of this

subpart.

Definitions As used in parts 1 through 3 of this subparagraph:

(i) ‘‘Areas of complex hydrogeology’’ include, but are not limited to, karst terrains where ground water flow occurs through conduits and along bedding planes and fractures enlarged by dissolution of the rock; fractured rock formations (joints and faults; excludes self-healing fractures); irregularly stratified geologic deposits (e.g., certain fluvial and glacial deposits); mixed hydrogeologic regimes (e.g., certain glacial deposits overlying fractured crystalline bedrock); folded areas where flow paths may be contorted and recharge zones where background water quality cannot be determined.

(ii) ‘‘Areas of vulnerable hydrogeology’’ are sites where ground water is particularly susceptible to contamination in the event of a release of hazardous waste or hazardous constituents from a hazardous waste unit.

Areas of vulnerable hydrogeology are determined by calculating the time of travel (TOT) of ground water measured along a 100-foot flow line originating at the base of the land-based unit. Procedures for calculating the ground water time of travel are described in EPA statutory interpretive guidance document no. EPA 530-SW-86-0228 entitled, ‘Criteria for Identifying Areas of Vulnerable Hydrogeology Under the Resource Conservation and Recovery Act,’’ Interim Final, July l986.

(iii) ‘‘Flow net’’ is a graph of flow lines and equipotential lines used in the study of ground water that represents three-dimensional flow through porous media. Procedures for constructing a ground water flow net are described in EPA statutory interpretive guidance document no. EPA 530-SW-86-0228 entitled, ‘‘Criteria for Identifying Areas of Vulnerable Hydrogeology Under the Resource Conservation and Recovery Act,’’ Interim Final, July, l986.

Equivalent hydrogeologic models may be used in place of a flow net, subject to the approval of the commissioner.

(iv) ‘‘High-Resource-Value Ground waters’’ are defined as those ground waters that are characterized by either of the following factors: the ground water is irreplaceable because no reasonable alternative source of drinking water is available to substantial populations, or the ground water is ecologically vital because it provides the base flow for a particularly sensitive ecological system that, if polluted, would destroy a unique habitat.

(v) ‘‘Recharge Zone’’ is defined as that part of a geologic unit, which is an aquifer, where ground water is absorbed and added to the zone of saturation; from this area the ground water can migrate through the geologic unit under the influence of existing hydraulic gradients.

(vi) ‘‘Release’’ means any spilling, leaking, pouring, emitting, emptying, discharging, injecting, pumping, escaping, leaching, dumping, or disposing of hazardous waste or hazardous constituents into the environment including the abandonment or discarding of containers, barrels, and other closed or open receptacles containing hazardous waste or hazardous constituents.

September, 2012 22 5. Vertical Buffer Zones (i) New land-based units shall be located and constructed such that there is, between the bottom of the unit’s liner system and the seasonally high water elevation in the uppermost saturated zone underlying the unit, a buffer layer of natural and/or emplaced soil meeting one of the following descriptions:

(I) Ten feet thick, with a saturated hydraulic conductivity of 1x10-5 centimeters per second, or (II) Five feet thick, with a saturated hydraulic conductivity of 1x10-6 centimeters per second.

(ii) New non-land-based units shall be located and constructed such that there is, between the bottom of the unit’s secondary containment system and the seasonably high water elevation in the uppermost saturated zone underlying the unit, one of the following:

(I) A buffer layer of natural and/or emplaced soil meeting one of the following descriptions:

I. Four feet thick, with a saturated hydraulic conductivity of 1x10- 5 centimeters per second, or II. Two feet thick, with a saturated hydraulic conductivity of 1x10- 6 centimeters per second; or (II) A buffer layer of other material, mechanically separate from the secondary containment system, which the commissioner determines to provide equivalent or superior protection to fluid movement.

(f) Drinking Water Supplies 1. Except as provided in part 4 of this subparagraph, new land-based units shall be located at least:

(i) Outside the lateral limits of the theoretical cone of depression (calculated at the design capacity of the existing pumping system) for any public or private drinking water supply well which withdraws water from the uppermost aquifer or any underlying aquifer which is hydraulically connected to the uppermost aquifer within this cone of depression; and (ii) Two times the corrective action buffer zone distance calculated pursuant to

part (e)3 of this paragraph from existing private drinking water supply wells; and (iii) Five times the corrective action buffer zone distance calculated pursuant to

part (e)3 of this paragraph from existing public water supply wells; and (iv) Two times the corrective action buffer zone distance calculated pursuant to

part (e)3 of this paragraph from any stream segments that are, relative to existing private drinking water supply intakes:

(I) For impounded stream segments, within one mile upstream or downstream, and September, 2012 23 (II) For non-impounded stream segments, within one mile upstream and 0.1 mile downstream; and (v) Five times the corrective action buffer zone distance calculated pursuant to

part (e)3 of this paragraph from any stream segments that are, relative to existing public water supply intakes:

(I) For impounded stream segments, within two miles upstream or downstream, and (II) For non-impounded stream segments, within two miles upstream and 0.2 mile downstream.

Except as provided in part 4 of this subparagraph, new non-land-based units shall be located at least:

(i) Five hundred feet from any existing private drinking water supply well, except that a shorter distance shall be allowed if the owner or operator agrees to install, operate, and maintain a ground-water monitoring system as described in Rule 0400-12-01-.06(6) and establishes a corrective action buffer zone between the unit and the facility property boundary as provided in part (e)3 of this paragraph; and (ii) One thousand feet from any existing public water supply well, except that a shorter distance shall be allowed if the owner or operator agrees to install, operate, and maintain a ground-water monitoring system as described in

Rule 0400-12-01-.06(6) and establishes a corrective action buffer zone between the unit and the facility property boundary as provided in part (e)3 of this paragraph; and (iii) Five hundred feet, measured upgradient along existing drainage ways from the normal banks, from any stream segments that are, relative to existing private drinking water supply intakes:

(I) For impounded stream segments, within one mile upstream or downstream, and (II) For non-impounded stream segments, within one mile upstream and 0.1 mile downstream; and (iv) One thousand feet, measured upgradient along existing drainage ways from the normal banks, from any stream segments that are, relative to existing public water supply intakes:

(I) For impounded stream segments, within two miles upstream or downstream, and (II) For non-impounded stream segments, within two miles upstream and 0.2 mile downstream.

Except as provided in part 4 of this subparagraph, transport vehicle parking areas (excluding driveways/access roads), loading/unloading areas, recycling units, and other areas/units (excluding analytical laboratories) where hazardous wastes are managed at a new facility but which are not land-based or non-land- September, 2012 24 based units shall be subject to the set-back requirements of subparts 2(i) through (iv) of this subparagraph.
The set-back requirements of parts 1 through 3 of this subparagraph shall not apply to those water supply wells and intakes used to supply drinking water solely to the hazardous waste management facility itself, providing such are monitored on at least a quarterly basis and other measures taken as necessary to ensure a safe drinking water supply for employees.

(g) Surface Waters 1. New land-based units shall be set back from streams, lakes, ponds, reservoirs, and other surface water bodies (except those constructed as part of the facility) by a distance at least equal to the corrective action buffer zone distance calculated pursuant to part (e)3 of this paragraph.

New non-land-based units shall be located at least 200 feet, measured upgradient along existing drainageways from the normal banks, from streams, lakes, ponds, reservoirs, and other surface water bodies (except those constructed as part of the facility).
Transport vehicle parking areas (excluding driveways/access roads), loading/unloading areas, recycling units, and other areas/units (excluding analytical laboratories) where hazardous wastes are managed at a new facility but which are not land-based or non-land-based units shall be subject to the setback requirement of part 2 of this subparagraph.

(h) Scenic, Cultural and Recreational Areas To ensure that human enjoyment of scenic, cultural, and recreational areas are not impaired, new commercial facilities must:

Be screened from sight, or at sufficient distance as to be indistinguishable from the surroundings, from the boundaries of such areas, unless the owner or operator demonstrates to the satisfaction of the commissioner that the facility and operations are consistent with the visual character of other surrounding structures and activities; and 2. Be located, configured, designed, constructed, and/or operated such that driveways, transport vehicle parking areas, loading and unloading areas, and other areas where mechanized (or other) noisy operations may take place do not cause a significant increase in the noise level at the boundaries of scenic, cultural, and recreational areas.

(i) Endangered Species A new commercial facility must be located, designed, constructed, operated, maintained, closed, and (for disposal units) cared for during the post-closure care period in a manner that does not:

Cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife; or 2. Result in the destruction or adverse modification of the critical habitat of endangered or threatened species.

September, 2012 25 (j) Distances from Other Structures/Areas This subparagraph establishes criteria governing the location of proposed commercial facilities relative to other structures or areas, which may be impacted. These criteria are designed to minimize incompatibility with the character of the surrounding area, to minimize adverse effects on the value of surrounding areas through impairment of the ability to enjoy or use such structures/areas, and to provide additional protection to public health and safety. These requirements shall not apply to structures which are

part of or associated with the facility or which the owner or operator owns.

Except as provided by part 5 of this subparagraph, new commercial facilities shall be at least 1,500 feet from the actual location of the hazardous waste facility measured as the shortest distance between the permitted hazardous waste management unit and the property line of existing structures/areas identified in part 3 of this subparagraph. New commercial facilities must also be screened from sight, or at a sufficient distance (not less than 1,500 feet) as to be indistinguishable from the surroundings and from existing structures/areas as identified in part 3 of this subparagraph, unless the owner or operator demonstrates to the satisfaction of the Commissioner that the facility and operations are consistent with the visual character of other surrounding structures and activities.
New commercial facilities must be located, configured, designed, constructed, and/or operated such that transport vehicle parking areas (excluding driveways/access roads), loading and unloading areas, and other areas where mechanized (or other) noisy operations may take place do not cause a significant increase in the noise level at existing structure/area boundaries as identified in

part 3 of this subparagraph.

The requirements of parts 1 and 2 of this subparagraph apply to:

(i) Structures which are hospitals, nursing homes, or other institutions which house populations of the aged or sick;

(ii) Structures which are schools, child-care centers, or other non-residential facilities where children spend substantial amounts of time, and surrounding areas of associated use (e.g., including playgrounds but excluding driveways and parking areas);

(iii) Structures which are used as residences, and surrounding areas of associated use (e.g., including yards but excluding driveways, parking areas, farmlands, woodlots, etc.);

(iv) Structures which are churches, and surrounding areas of associated use (e.g., including yards, playgrounds, and picnic areas, but excluding driveways and parking areas); and (v) Structures which are used for public service, commercial retail, or commercial service purposes and frequented by the public.

New non-land based units and other areas/units (other than land-based units) where hazardous wastes are managed (including transport vehicle parking lots but excluding driveways and access roads) shall be located at least 50 feet from the facility property line.

September, 2012 26 5. The Commissioner may grant a variance from the 1,500 feet requirement in part 1 for new commercial facilities without land-based or thermal treatment units, which are sited at a location that was formerly permitted as a commercial hazardous waste management facility. All such facilities shall be at least 1,000 feet from the property line of existing structures/areas identified in part 3 of this subparagraph. These commercial facilities must also be screened from sight, or at a sufficient distance (not less than 1,000 feet) as to be indistinguishable from the surroundings and from existing structures/areas as identified in part 3 of this subparagraph, unless the owner or operator demonstrates to the satisfaction of the Commissioner that the facility and operations are consistent with the visual character of other surrounding structures and activities. This variance shall constitute an exemption to T.C.A. § 68-212-105(6) as required by T.C.A. § 68- 212-108(a)(2). In granting the variance, the Commissioner shall consider existing artificial and/or natural barriers, such as fences, ridges, hills, cliffs, airport runways, or a combination of such barriers, that will provide, in the opinion of the Commissioner, the equivalent protection provided by part 1 of this subparagraph.

(k) Roads To minimize the impact on existing traffic flows and patterns:

The primary transportation route from a state or federal highway leading to and from the facility must be designed to carry the commercial truck traffic that will serve the facility.
Entrances to and exits from the facility onto public roads shall be designed and constructed in accordance with appropriate provisions of A Policy on Geometric Design of Highways and Streets, 1984 Edition, published by the American Association of State Highway and Transportation Officials.

(l) Emergency Response Capabilities 1. The owner or operator of a proposed new commercial facility must demonstrate to the satisfaction of the commissioner that, in the event of any fire, explosion, or unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituent to air, soil, or surface water that might reasonably occur, adequate trained personnel, procedures, and equipment are available to respond so as to minimize hazards to human health or the environment. This demonstration may consider both on-site emergency response resources and those of off-site emergency response authorities.

The owner or operator must develop and submit for approval by the commissioner a contingency plan which describes how facility personnel will respond in the event of a fire, explosion, or accidental release. This contingency plan must meet the requirements of Rule 0400-12-01-.06(4).
The owner or operator must coordinate his contingency planning efforts with the Local Emergency Planning Committee (LEPC) established pursuant to Title III of the Superfund Amendments and Reauthorization Act, and identify to the LEPC a facility coordinator who will be available to work with the LEPC in its development of a local emergency response plan, as it relates to the facility.

(i) The owner or operator must initiate the following arrangements, as appropriate to the facility, through the LEPC:

September, 2012 27 (I) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;

(II) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency

authority;

(III) Agreements with state emergency response teams, emergency response contractors, and equipment suppliers, and (IV) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases resulting from human error or natural events at the facility.

(ii) Where the LEPC declines to enter into such arrangements, the owner or operator must document the refusal in the operating record and attempt to make arrangements directly with the local emergency services authorities such as fire, police, and hospitals.

(m) Economic Impact The owner or operator of a proposed new commercial facility must demonstrate to the satisfaction of the Commissioner that the adverse economic impacts of constructing and operating the proposed facility (at the selected site) on the local community and the surrounding communities have been minimized.

(3) Operating History of the Applicant (a) A new commercial facility shall not be issued a permit if the owner’s or operator’s previous operating experience and compliance history in managing hazardous waste indicate to the commissioner an inability or unwillingness to operate the proposed facility in compliance with permit terms and conditions.

(b) No permit for a commercial facility shall be issued if any person who is the legal or beneficial owner of ten percent (10%) or more of the stock of the company or corporation applying for such permit:

Has been convicted of any felony; or, 2. Has been convicted of a misdemeanor for the unlawful storage, treatment or disposal of hazardous wastes.

(c) A permit shall not be denied on the basis of violations of the Act, rules or a permit if there have been neither criminal convictions nor administrative orders issued for such violations.

(4) Siting Information Requirements September, 2012 28 The owner and operator, if different, of a proposed new commercial facility must submit the information specified in this paragraph as part of his application for a permit.

(a) General 1. Owners or operators providing information or making demonstrations under this

rule must comply with the general requirements for Part B applications at Rule 0400-12-01-.07(5).

Information required under this paragraph must be prepared and/or approved by a qualified professional in the appropriate field of expertise.
Information required under this paragraph must include plans for a quality assurance/quality control (QA/QC) program for all engineered measures.
Where required, geologic information shall be obtained from United States Geological Survey 7.5’ (1:24,000) Quarter Quadrangle maps. Smaller scale maps may be used where the 7.5’ quadrangle maps are unavailable.
If applicable, and in lieu of any subparagraph(s) under this paragraph, the owner or operator must submit information, supporting data, and analyses sufficient to demonstrate, to the satisfaction of the commissioner, that a location characteristic is not applicable at the unit.

(b) General Facility/Site Mapping The owner or operator for a proposed new commercial facility must submit a topographic map showing a distance of 2500 feet around the facility at a scale of 1 inch equal to not more than 200 feet. Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility (for example, contours with an interval of 5 feet if relief is greater than 20 feet, or an interval of 2 feet if relief is less than 20 feet). If the proposed site is located in mountainous areas, larger contour intervals should be used to adequately show topographic profiles of facilities. The map shall clearly show the following if and as they exist within the mapped area (Note: More than one map may be utilized if necessary to clearly show all items. In addition, aerial photographs may be utilized in lieu of mapping where appropriate.):

Map scale and date;
Boundaries of counties and incorporated municipalities;
Legal boundaries of the proposed hazardous waste management facility site;
Location of proposed hazardous waste management units within the facility site along with driveways/access roads, transport vehicle parking areas, loading/unloading areas, fences, gates, etc.;
Streams and other surface waters;
Wetlands;
Public and private water supply wells (refer to subpart (j)1(i) of this paragraph);
Scenic, cultural, and recreational areas and their boundaries;

September, 2012 29 9. Structure/areas identified at part (2)(j)3 of this rule; and 10. Primary and alternate transportation routes that will be used to access the facility.

(c) Floodplains 1. Site Characterization (i) Based on Flood Insurance Rate Maps (FIRMs) developed by the Federal Emergency Management Agency (FEMA) under the Federal Flood Insurance Act of l968, owners and operators of all proposed new landbased and non-land-based units shall identify whether or not the unit is to be located in a 100-year floodplain, and if so, what the Flood Hazard Factor (FHF) is at their site. A copy of the relevant flood insurance map which clearly shows the entire site and indicates the source and date of publication must be included.

(I) If there are no FIRMs that cover the entire site, then other flood insurance maps that show the 100- year floodplain and FHF boundaries at the site must be substituted, or (II) If there are no flood insurance maps that cover the site or parts of the site, or if FHFs are not shown on the map, the owner or operator must submit:

I. Data determining the flood flow frequency using procedures outlined by the Water Resource Council in Bulletin Number 17B: Guidelines for Determining Flood Flow Frequency, and II. Data determining the Flood Hazard Factor using procedures outlined by FEMA in (References to be determined).

(ii) Owners or operators of all proposed new non-land-based units whose site has an FHF of A7 or higher can include the data and results of a sitespecific geomorphic study undertaken to determine if their units are subject to erosion rates equal to those determined by FEMA. This study would be undertaken to demonstrate that the FEMA FHF for their site is not an accurate indicator of erosion, and would include:

(I) The results of an analysis of successive historical aerial photographs; and/or (II) Other site-specific analyses which can be shown to predict the erosion potential at the site.

Engineering Demonstration In order to determine compliance with the requirements of subparagraph (2)(a) of this rule, owners or operators of all proposed new non-land-based units to be located in the 100-year floodplain, as determined through the site characterization requirements in subpart 1(i) of this subparagraph, must provide the following information:

(i) A report outlining engineering analyses that have determined the hydrodynamic and hydrostatic forces expected to be experienced by the unit’s erosion control structures as a consequence of a 100-year flood.

September, 2012 30 (ii) Structural or other engineering studies showing that units subject to the requirements under subpart (i) of this part, and their flood protection devices (e.g., floodwalls and dikes) at the facility are, or can and will be, designed, constructed, operated, and maintained to prevent washout during a flood event.

(d) Wetlands Owners or operators of proposed new land-based or non-land-based units must submit documentation indicating that the unit is not located in or adjacent to a wetland, as defined in subpart (2)(b)2(ii) of this rule. This must include documentation demonstrating that the U.S. Fish and Wildlife Service and the Tennessee Department of Conservation were consulted with regard to this determination.

(e) Seismic Considerations 1. Site Fault Characterization To determine the applicability of the seismic Holocene fault zone requirements under parts (2)(c)1 through 3 of this rule, owners or operators of proposed new land-based and non-land-based units shall demonstrate to the satisfaction of the commissioner that the unit is not located within 200 feet (61 meters) of a Holocene fault. The information submitted by the owner or operator shall be of a quality that is acceptable to geologists experienced in identifying and evaluating faults and fault movements. The information submitted shall show the following:

(i) Any lineaments that suggest the presence of a fault or faults within 3,000 feet of a unit, and the absence of a fault or faults that have had displacement in the Holocene within 200 feet of a unit. This information shall include a map of the zone of deformation surrounding any Holocene faults, and it shall be based on geologic analyses of the site, which will include the following studies:

(I) Published geologic studies, (II) Aerial analysis of the area within a five-mile radius of the unit, (III) An analysis of aerial photographs covering an area having a 3,000foot radius of the unit, and (IV) A reconnaissance based on walking portions of the area within 3,000 feet of the unit to clarify and confirm findings from the above studies.

(ii) If the information submitted under subpart (i) of this part indicates that a fault or faults may be present within 3,000 feet of the unit, the owner or operator of the unit shall demonstrate that no fault or faults that have had displacement during the Holocene occur within the distance specified by the commissioner under part (2)(c)3 of this rule. If the site analysis conducted under subpart (i) of this part is not conclusive or has not been conducted to the satisfaction of the commissioner, the owner or operator shall also conduct a comprehensive geologic analysis consisting of the following:

September, 2012 31 (I) Subsurface exploration of the area within a distance of 3,000 feet from the unit; methods for exploration may include geophysical surveys, drilling or trenching, or other appropriate methods.

(II) Trenching perpendicular to any fault or lineaments passing within 200 feet of the unit.

(III) Determination of the age of any displacements made evident from the subsurface exploration based on stratigraphic relationships, radiometric age dating, or other acceptable, equivalent methods.

(IV) Construction of supporting maps and other analyses to document the location and ages of the fault or faults found.

(iii) In cases where the owner or operator or the regulatory authority determines that the zone of deformation is smaller or larger than 200 feet, the owner or operator shall submit the results of geologic analyses supporting this determination, including any or all of the analyses listed in items (ii)(I) through (IV) of this part.

Seismic Impact Zone Determination To determine the applicability of the seismic impact zone requirements under

part (2)(c)4 of this rule, the owner or operator of a proposed new land-based unit shall determine, to the satisfaction of the commissioner, the location of the unit relative to a seismic impact zone, as applicable. The owner or operator shall submit information to show the following:

(i) The presence or absence of a seismic impact zone relative to the location of the unit. The information shall be based on the following:

(I) The results of a site-specific seismic risk assessment or state and local site-specific risk maps, or, where these are not available, approved seismic risk maps presented in the United States Geological Survey Open-File Report No. 82-1033, or (II) Results of a site-specific seismic activity investigation based on standard industry techniques.

(ii) Information indicating the potential for seismically induced liquefaction at the site, including results of soil characterization tests and moisture tests.

(iii) Seismic unit integrity engineering demonstration. If the owner or operator has determined that the unit is located within a seismic impact zone based on the information submitted under subpart (i) of this part, the owner or operator of the unit shall submit the following information:

(I) A demonstration of the integrity of the unit’s structures, foundations, embankments, and ancillary components to withstand damage from liquefaction, and from seismic wave motion where the maximum horizontal acceleration in the underlying geologic units will exceed the maximum horizontal acceleration for a seismic impact zone as defined under subpart (2)(c)5(v) of this rule, September, 2012 32 (II) A description of the engineering measures taken to prevent the following unit structures from sustaining damage from wave motion when the maximum horizontal acceleration is exceeded:

I. Container storage containment system (required under Rule 0400-12-01-.06(9)(f)), II. Tank systems (required under Rule 0400-12-01-.06(10)(c)), III. Secondary containment structure (required by Rule 0400-12- 01-.06(10)(d)), IV. Dikes, liners, and leachate collection systems (required for land-based units under Rules 0400-12-01-.06(11)(b), (12)(b), and (14)(b)), V. Incinerator structures (required under Rule 0400-12-01- .06(15)(a)), VI. Units regulated under Rule 0400-12-01-.06(19), and VII. Any other structures, features, or ancillary components directly related to the units that may be affected, to the satisfaction of the commissioner.

(f) Unstable Areas - Poor Foundation Conditions 1. Site Characterization In order to determine compliance with the requirements of part (2)(d)1 of this

rule, owners and operators of proposed new land-based and non-land-based units shall submit a geotechnical report demonstrating, to the satisfaction of the commissioner, that poor foundation conditions do not exist. The report shall include:

(i) A description of the site’s physical conditions and identification of the following unstable areas, if present:

(I) Soil conditions (e.g., presence of swelling clays) where differential settling, subsidence, or liquefaction may result in structural failure;

(II) Geologic or geomorphic features (e.g., solution cavities; lava tubes) that may result in sudden or non-sudden structural failure;

(III) Certain man-made features or events (e.g., areas of extensive subsurface mining or ground water withdrawal) that may result in sudden or non-sudden structural failure;

(IV) Ground subsidence that has occurred or is occurring as the result of natural or human-induced events;

(V) Areas where increased loading may result in soil failure, and (VI) Other unstable zones as appropriate.

September, 2012 33 (ii) Results of a site geologic investigation including, but not limited to, the following:

(I) A detailed geologic mapping program;

(II) A boring and sampling program which includes drilling, collection of minimally disturbed soil samples, logging and classification of soil samples and in-situ physical testing;

(III) Laboratory soils analyses on selected soil samples to determine the soil’s physical index properties such as grain size distribution, Atterberg limits, and moisture content, and (IV) Determination of the soil’s engineering properties (e.g., strength, consolidation, and compaction), including a determination of the susceptibility of the soil to liquefaction.

Geotechnical Engineering Demonstration Owners or operators of proposed new land-based and non-land-based units located in areas of poor foundation conditions, as determined through the site characterization requirements in part 1 of this subparagraph, shall demonstrate, to the satisfaction of the commissioner, that the adverse conditions can be adequately mitigated or that the unit can be constructed in a manner to prevent any compromising of its structural integrity. The owner or operator shall submit the following:

(i) A report showing how the information submitted under part 1 of this subparagraph will be analyzed and applied to determine the design criteria for the construction of each unit. The criteria will identify the appropriate engineering methods and techniques which shall be implemented in order to ensure adequate unit integrity. The techniques and methods must meet state-of-the-art, industry-accepted design standards;

(ii) A report describing how the engineering measure will protect and prevent the following structures from damage, including:

(I) Container storage containment systems (required by Rule 0400-12- 01-.06(9)(f));

(II) Tank foundations for new tanks (required by Rule 0400-12-01- .06(10)(c));

(III) Secondary containment structures (required by Rule 0400-12-01- .06(10)(d));

(IV) Dikes required for surface impoundments, and liners (required for surface impoundments, waste piles, and landfills by Rules 0400-12- 01-.06(11)(b), (12)(b), and (14)(b)), (V) Incinerator structures (required under Rule 0400-12-01-.06(15)(a)), (VI) Units regulated under Rule 0400-12-01-.06(19); and (VII) Any other structures or features deemed necessary by the commissioner.

September, 2012 34 (g) Unstable Areas - Areas Susceptible to Mass Movement 1. Site Characterization In order to determine compliance with the requirements of part (2)(d)2 of this

rule, owners or operators of proposed new land-based and non-land-based units must demonstrate, to the satisfaction of the commissioner, that the units are not located in an area susceptible to mass movements based on a slope stability report. The report shall include the following:

(i) Geomorphic aerial photo and geologic studies of the surrounding area of influence, defined as the area susceptible to present or future mass movement.

(ii) Site field investigation for physical evidence of slope instability or evidence of failure.

(iii) If evidence of natural slope instability or mass movement exists, or if the unit design requires slope modification, then a site-specific slope stability study will be performed that shall include, but not be limited to, the following investigations:

(I) Detailed geologic mapping identifying rock and soil types and major structures (e.g., faults and formation contacts);

(II) Structural statistical study of faults and fractures;

(III) Laboratory fabric strength testing of soil, rock, rock joints, and fault surfaces;

(IV) Analysis of loading conditions, drainage areas, and slope angle;

(V) Study of site seismicity and hydrogeologic conditions, and (VI) Evaluation of the potential for future mass movement, including: types of mass movement, areas of probable mass movement, areas that would be affected by mass movement, probabilities of the movements, and volumes of material involved. The report must address the existing and future static and dynamic forces on the geologic material that would affect the unit, and of any other geologic material that, by a failure or movement (including creep), might compromise the structural integrity of the unit. The potential for movement or failure and the vulnerability of the unit must be evaluated.

Mass Movement Engineering Demonstration (i) In order to determine compliance with part (2)(d)2 of this rule, owners or operators of proposed new land-based and non-land-based units located in areas susceptible to mass movements, as determined through the site characterization requirements in part 1 of this subparagraph, must submit a geotechnical engineering report describing the measures that will be taken to mitigate the threats posed by mass movements to the unit. The proposed engineering measures must meet current industry-accepted geotechnical engineering and design standards. The report must indicate September, 2012 35 the engineering measures applied to slopes, or to the on-site structures themselves, which will be used to protect the following structures from damage:

(ii) Container storage containment systems (required by Rule 0400-12-01- .06(9)(f));

(iii) Tank foundations for new tanks (required by Rule 0400-12-01-.06(10)(c));

(iv) Secondary containment structures (required by Rule 0400-12-01- .06(10)(d));

(v) Dikes required for surface impoundments, and liners (required for surface impoundments, waste piles, and landfills by Rules 0400-12-01-.06(11)(b), (12)(b), and (14)(b));

(vi) Incinerator structures (required by Rule 0400-12-01-.06(15)(a));

(vii) Units regulated under Rule 0400-12-01-.06(19); and (viii) Any other structures or features deemed necessary by the commissioner.

(h) Unstable Areas - Karst Terrain 1. Site Characterization In order to determine compliance with the requirements of part (2)(d)3 of this

rule, owners or operators of proposed new land-based and non-land-based units shall conduct the following studies:

(i) A site hydrogeologic characterization, including:

(I) A determination as to whether the unit is located in a karst terrain, and if so, identification of the nature of the karst present at the site.

Such studies shall be based on a review of geologic and topographic maps, aerial photo geomorphic studies and other pertinent background information.

(II) Where studies conducted under item (I) of this subpart have determined the presence of karst, the following investigations shall be performed:

I. Determination of the location, size, and density of features such as sinkholes, solution channels, caverns, faults and fractures, honeycombs, microkarst, and bedding plane fractures located beneath or adjacent to the unit. This will include a stratigraphic column with detailed lithologic descriptions for the units that comprise the karst terrain.

II. Determination of the location, density, and orientation of largeand small-scale conduits.

III. For land-based units only, a subsurface investigation to determine the rock’s solubility and porosity (primary and secondary), rate of dissolution, and the rock’s subsurface characteristics (structural competency data).

September, 2012 36 (ii) Where the site is located in a karst terrain as determined under item (i)(I) of this part, the owner or operator shall submit a geotechnical study demonstrating the degree of stability and potential for subsidence of the site based on the historical changes in regional and local water levels and on history and presence of sinkhole development during the Holocene, as defined by subpart (2)(c)5(iii) of this rule.

Engineering Demonstration In order to determine compliance with the requirements of item (2)(d)3(ii)(III) of this rule, owners or operators of units located in karst terrain, as determined by

part 1 of this subparagraph, shall submit structural or other engineering studies demonstrating that the design and operation of the unit will mitigate the adverse effects of the karst terrain.

(i) Ground water 1. Complex Hydrogeologic Conditions Owners and operators of proposed new land-based units must submit a demonstration that characterizes the hydrogeology of the site to include hydraulic and geologic features, subsurface strata, recharge and discharge conditions, and those additional conditions that render the location hydrogeologically complex.

Specifically, the demonstration shall include, but not be limited to, the following:

(i) Identification of the uppermost aquifer and aquifers hydraulically interconnected beneath and adjacent to the facility property.

(ii) A ground water flow net (or equivalent hydrogeologic model) constructed from data collected on a local scale that identifies the rate and direction of ground water flow within the aquifers. Field piezometer data and any additional information obtained from hydrogeologic investigations of the facility area shall serve as the basis for the ground water flow net (or equivalent model) and identification of aquifers beneath and adjacent to the facility property. The commissioner may require validation of the flow net analysis by requiring that the owner or operator install additional piezometers at points selected by the commissioner. In areas difficult to characterize, and where a flow net analysis (or model) may be inconclusive, the owner or operator must submit an alternate hydrogeologic method for identifying areas of horizontal and vertical components of flow in the uppermost aquifer and interconnected aquifers for determining ground water flow rate and direction.

(iii) Use of the ground water flow net (or equivalent hydrogeologic method) to identify the placement and position of ground water monitoring wells at the facility property boundary to ensure compliance with the ground water monitoring requirements under Rule 0400-12-01-.06(6).

High-Resource-Value Ground waters (i) For owners or operators of new land-based units, a demonstration showing that the unit is not located over a high-resource-value ground water or in the recharge zone of high-resource-value ground water as defined under

subpart (2)(e)4(iv) of this rule. The demonstration shall include, but not be limited to, the following:

September, 2012 37 (I) Calculation of the ground water time of travel as a means of determining the vulnerability of the ground water beneath the facility units using EPA guidance document no. 530-SW-86-0228;

(II) A site-specific determination of the resource value of the ground water, and (III) A site-specific determination of whether the site is a recharge zone and, if so, the resource value of the ground water being recharged.

(ii) The owner or operator must submit sufficient information, supporting data, and analysis to demonstrate the technical practicability of a corrective action plan that will prevent a ground water release from migrating beyond the facility property boundary.

(iii) Ground water is vulnerable if the time for ground water to travel from the base of the unit to any point at least 100 feet away, and that is along a flow line following the path of least resistance, is less than the time required to detect a release and implement corrective action. The method of determining time of travel is described in detail in the document entitled, ‘‘Criteria for Identifying Areas of Vulnerable Hydrogeology Under the Resource Conservation and Recovery Act’’ (EPA, 1986).

Corrective Action Buffer Zone Owners and operators of new land-based units shall submit an estimated buffer zone distance (as defined under subpart (2)(e)3(i) of this rule, based on the distance traveled by ground water from the unit boundary for a period of 2 to 5 years. Calculations shall be based on the methodology contained in the EPA guidance manual entitled ‘‘Criteria for Identifying Areas of Vulnerable Hydrogeology Under the Resource Conservation and Recovery Act.’’ 4. Vertical Buffer Zone (i) Except as provided in subpart (iv) of this part, owners or operators of proposed new land-based or non-land-based units must submit data, diagrams, text, and/or other information as necessary to describe how natural and/or emplaced soils will be utilized to provide the vertical buffers required by items (2)(e)5(i)(I) and (II) and (2)(e)5(ii)(I) of this rule. This information must include, but not necessarily be limited to, the following:

(I) A description of the subsurface soil profile, including field soil classifications (according to the criteria of the U.S. Department of Agriculture’s Soil Conservation Service) and depths;

(II) The saturated hydraulic conductivities of undisturbed samples of soils underlying the site which are to be used without being recompacted in meeting the vertical buffer requirements;

(III) The saturated hydraulic conductivities of remolded samples of soils which are to be emplaced or recompacted as buffer materials;

(IV) Cross-sections showing the configuration of natural and/or emplaced soils used in meeting the vertical buffer requirements;

September, 2012 38 (V) Soil emplacement and/or recompaction procedures, including field testing procedures to be utilized for quality assurance/quality control;

(VI) A description of the soil sampling and analytical procedures used;

(VII) A tabulation of water table elevations (if encountered within the limits of drillings) at the time borings were performed, 24 hours later, and seven days later; and (VIII) An identification of the seasonally high water elevation in the uppermost aquifer underlying the units and an explanation of how this was determined.

(ii) The information submitted pursuant to subpart (i) of this part must be based on an analysis of existing data (e.g., well drillers’ logs) and sitespecific soil borings and drillers’ logs or other subsurface investigations.

The soil borings performed must be of such number, locations, and depths as to provide a complete and accurate description of relevant subsurface conditions.

(iii) The hydraulic conductivities required pursuant to subpart (i) of this part shall be determined on samples collected in thin-walled Shelby tubes as per ASTM D-1587, using the falling head method with permeameter specified in the U.S. Corps of Engineers Manual EM 1110-2-1906.

Samples shall be recompacted as defined by a Proctor test (ASTM D-698).

(iv) Owners or operators of proposed new non-land-based units seeking to provide an alternate buffer as provided in item (2)(e)5(ii)(II) of this rule must submit data, diagrams, text, and/or other information as necessary to demonstrate that the alternate buffer provides protection to fluid movement which is equivalent to or superior to that of the soil buffers described in item (2)(e)5(ii)(I) of this rule.

(j) Drinking Water Supplies 1. Relative to proposed new land-based units, the owner or operator must:

(i) Identify all public and private water supply wells within 2500 feet of such units and their use (Note: Identification of such wells shall require a survey of all homes and businesses that might have knowledge of such wells in addition to a review of state and local governmental records as appropriate.);

(ii) Submit calculations, diagrams, and/or other information as necessary to show that the set-back requirements of subparts (2)(f)1 (ii) and (iii) of this

rule are met;

(iii) Submit calculations, diagrams, and/or other information as necessary to demonstrate that the units are outside the cone of depression of water supply wells required by subpart (2)(f)1(i) of this rule. (Note: This demonstration shall not be limited to those wells identified in subpart (i) of this part.)

Relative to proposed new non-land-based units and other areas/units where hazardous wastes are managed at a new facility but which are not land-based or non-land-based units, the owner or operator must:

September, 2012 39 (i) Identify all public and private water supply wells within 1000 feet of such units and their use (Note: Identification of such wells shall require a survey of all homes and businesses that might have knowledge of such wells in addition to a review of state and local governmental records as appropriate.);

(ii) Submit calculations, diagrams, and/or other information as necessary to show that the set-back requirements of subparts (2)(f)2(i) and (ii) of this

rule are met;

The owner or operator of a proposed new commercial facility must submit mapping, calculations, diagrams, and/or other information as necessary to show that the set-back requirements relative to water supply intakes which are presented in subparts (2)(f)1(iv) and (v) and (2)(f)2(iii) and (iv) and part (2)(f)3 of this rule are either not applicable or met.

(k) Surface Waters The owner or operator of proposed new commercial facilities must submit mapping, calculations, diagrams, and/or other information demonstrating that the set-back requirements of parts (2)(g)1 through 3 are met.

(l) Scenic, Cultural and Recreational Areas - The owner or operator of a proposed new commercial facility must submit:

Documentation demonstrating that this Department and other agencies as appropriate were consulted relative to the identification of scenic, cultural, and recreational areas which might be impacted by the proposed facility;
Descriptive text, diagrams, artist’s renderings, photographs, and/or other information as necessary to demonstrate compliance with part (2)(h)1 of this rule; and 3. Background noise data, anticipated facility source noise levels, barrier designs, noise reduction calculations, and/or other information as necessary to demonstrate compliance with part (2)(h)2 of this rule.

(m) Endangered Species The owner or operator of a proposed new commercial facility must submit:

Documentation demonstrating that the Tennessee Resource Management Division, U.S. Fish and Wildlife Service, Tennessee Wildlife Resources Agency, and other agencies as appropriate were consulted relative to the identification of endangered or threatened species and their habitat, and the impacts of the proposed facility on such species and/or their habitat; and 2. Descriptive text, diagrams, and/or other information as necessary to demonstrate that the criteria at subparagraph (2)(i) of this rule are met.

(n) Distances from Other Structures/Areas The owner or operator of a proposed new commercial facility must submit:

September, 2012 40 1. Descriptive text, diagrams, artist’s renderings, photographs, and/or other information as necessary to demonstrate compliance with part (2)(j)1 or 5 of this

rule; and 2. Background noise data, anticipated facility source noise levels, barrier designs, noise reduction calculations, and/or other information as necessary to demonstrate compliance with part (2)(j)2 of this rule.

(o) Roads The owner or operator of a proposed new commercial facility must submit design details of highway entrances and exits necessary to demonstrate compliance with part (2)(k)2 of this rule;

(p) Emergency Response Capabilities The owner or operator of a proposed new commercial facility must submit the documentation required by subparagraph (2)(l) of this rule.

(q) Economic Impact Evaluation In order to demonstrate compliance with subparagraph (2)(m) of this rule, the owner or operator of a proposed new commercial facility must submit a report documenting the results of a study evaluating the economic impacts the proposed facility would have on the local community and surrounding communities and demonstrating how any adverse economic impacts will be minimized. The report shall include the sources of information, assumptions, and calculations utilized. The economic impact shall be projected based on the following factors assessed over the period beginning with the initiation of construction and extending through the expected operating life of the facility or - for disposal facilities - through the post-closure care period required under Rule 0400-12-01-.06(7):

Effects on property values;
Tax revenue to be generated and/or other direct compensation to the community;
Effects on employment (e.g., increases or decreases in job opportunities and/or personal incomes);
Increases in public expenditures for services such as police protection, fire and emergency response, sewers, water, electricity, roads, schools, etc.;
Decreases in hazardous waste management costs to local, state, or regional generators; and 6. Attractiveness to existing or potential industrial neighbors.

(r) Operating History of the Applicant The owner and operator of a proposed new commercial facility must each submit a disclosure statement, supported by an affidavit(s) attesting to the truth and completeness of the facts asserted therein, which includes:

A brief description of the structure of the business (e.g. partnership, sole proprietorship, corporation, association, or other);

September, 2012 41 2. The names, addresses, and titles of all officers, directors or partners of the applicant, of any parent or subsidiary corporation if the applicant is a corporation, and of any person owning 10% or more interest in the applicant company;

The name and address of any company in the field of hazardous waste management in which the applicant business or any of its officers, directors or partners, holds a 10% or greater interest and the name of the officer, director, or partner holding such interest;
The name and address of any hazardous waste facility heretofore constructed or operated by the applicant or any parent or subsidiary corporation if the applicant is a corporation;
A copy of any judicial order, or any administrative order issued within the five (5) years preceding the submission of the part B permit application, concerning any hazardous waste facility identified in part 3 or 4 of this subparagraph issued by any state or federal authority relating to permit or license revocation or citing a violation of any state or federal statute or local ordinance;
A copy of any judicial or administrative order against any person identified in part 2 of this subparagraph which concerns any felony, or a misdemeanor for unlawful waste management, or a local ordinance governing waste management;
A description of any still pending administrative or judicial proceeding concerning waste management that could result in a determination against any person identified in part 2 of this subparagraph. The description must include title, docket or case number and status of the proceeding.

History

Authority: §§ 68-212-101 et seq., 68-212-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012.

0400-13 Division of Solid Waste Management

Chapter 0400-13-01 Lead-Based Paint Abatement(Renumbered from 1200-01-18)

Tenn. Comp. R. & Regs. 0400-13-01-.01 ) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight, where the renovator has obtained a copy of the determination.

June, 2024 58 (2) Definitions.

In addition to the definitions in Rule 0400-13-01-.01, the following definitions apply to this rule, unless otherwise specified:

“The Act” means T.C.A. Title 68, Chapter 131, Part 4, Tennessee Lead-Based Paint Abatement Certification Act.

“Child-occupied facility” means a building or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools, and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.

“Compensation” means payment for services rendered in the form of money, goods, or services and bartering.

“Emergency renovation operation” means renovation activities, such as operations necessitated by non-routine failures of equipment, that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage.

“Lessee” means any entity that enters into an agreement to lease, rent, or sublease target housing, including but not limited to individuals, partnerships, corporations, trusts, government agencies, housing agencies, Indian tribes, and nonprofit organizations.

“Minor repair and maintenance activities” are activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by subparagraph (6)(f) of Rule 0400-13-01-.01 are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

“Multi-family housing” means a housing property consisting of more than four dwelling units.

“Pamphlet” means the EPA pamphlet developed under 15 U.S.C. § 2686(a) for use in complying with this and other rulemakings under TSCA 15 U.S.C. § 2686(b) and the Residential Lead-Based Paint Hazard Reduction Act, or any state or Tribal pamphlet approved by EPA pursuant to 40 C.F.R. § 745.326 that is developed for the same purpose. This includes reproductions of the pamphlet when copied in full and without revision or deletion of material from the pamphlet (except for the addition or revision of state or local sources of information.)

June, 2024 59 “Renovator” means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized state or Tribal program.

“Residential dwelling” means:

(a) A single-family dwelling, including attached structures such as porches and stoops; or (b) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the residence of one or more persons.

(3) Information Distribution Requirements.

(a) Renovation of Dwelling Units.

No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the renovator shall:

Provide the owner of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or (ii) Obtain a certificate of mailing at least seven days prior to the renovation.

In addition to the requirements in part 1. of this subparagraph, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following:

(i) Obtain, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the renovator has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of the renovator, and the date of signature; or (ii) Obtain a certificate of mailing at least seven days prior to the renovation.

(b) Renovations in Common Areas.

No more than 60 days before beginning renovation activities in common areas of multifamily housing, the renovator shall:

Provide the owner with the pamphlet, and comply with one of the following:

(i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or (ii) Obtain a certificate of mailing at least seven days prior to the renovation.

June, 2024 60 2. Notify in writing, or ensure written notification of, each unit of the multi-family housing and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the renovator.

Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.
If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, the renovator must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the renovator initiates work beyond that described in the original notice.

Sample language for acknowledgment is provided in paragraph (6) of this rule. The written acknowledgments required in subparts (a)1.(i), (a)2.(i), and (b)1.(i) of this paragraph shall:

Include a statement recording the owner or occupant’s name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature;
Be either a separate sheet or part of any written contract or service agreement for the renovation; and 3. Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non-owner-occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

(4) Recordkeeping Requirements.

(a) Renovators shall retain and, if requested, make available to the Commissioner all records necessary to demonstrate compliance with this rule for a period of three years following completion of the renovation activities in target housing.

(b) Records that must be retained pursuant to subparagraph (a) of this paragraph include (where applicable):

Reports certifying that a determination had been made by an inspector, certified pursuant to paragraph (5) of Rule 0400-13-01-.01, that lead-based paint is not present in the area affected by the renovation, as described in paragraph (1) of this rule;
Signed and dated acknowledgments of receipt as described in subparts (3)(a)1.(i), (3)(a)2.(i), (3)(b)1.(i), of this rule;
Certifications of attempted delivery, as described in subpart (3)(a)2.(i) of this rule;

June, 2024 61 4. Certificates of mailing as described in subparts (3)(a)1.(ii), (3)(a)2.(ii), and (3)(b)1.(ii) of this rule; and 5. Records of notification activities performed regarding common area renovations, as described in parts (3)(b)3. and (3)(b)4. of this rule.

(5) Enforcement and Penalties.

Enforcement of these rules and penalties for violations are set forth in T.C.A. §§ 68-131-404 and 68-131-405.

(6) Acknowledgment and Certification Statements.

(a) Acknowledgment Statement.

As required under part (3)(c)1. of this rule, acknowledgments shall include a statement of receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.
The following is a sample of language that could be used for such acknowledgments:

I have received a copy of the pamphlet, Protect Your Family From Lead In Your Home, informing me of the potential risk of lead hazard exposure from renovation activity to be performed in my dwelling unit. I received this pamphlet before the work began.

Signature _________________________________ Printed Name ______________________________ Date _____________________________________ Unit Address _______________________________ (b) Certification of Attempted Delivery.

When an occupant is unavailable for signature or refuses to sign the acknowledgment of receipt of the pamphlet, the renovator is permitted (per subpart (3)(a)2.(i) of this rule) to certify delivery for each instance. The certification shall include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of the renovator, and the date of signature.
The following is a sample of language that could be used under those circumstances:

(i) Refusal to Sign.

I certify that I have made a good faith effort to deliver the pamphlet, Protect Your Family From Lead In Your Home, to the unit listed below at the dates and times indicated, and that the occupant refused to sign the acknowledgment. I further certify that I have left a copy of the pamphlet at the unit with the occupant.

June, 2024 62 Signature _________________________________ Printed Name ______________________________ Date _____________________________________ Unit Address ______________________________ Attempted delivery dates and times: ____________ (ii) Unavailable for Signature.

I certify that I have made a good faith effort to deliver the pamphlet, Protect Your Family From Lead In Your Home, to the unit listed below, and that the occupant was unavailable to sign the acknowledgment. I further certify that I have left a copy of the pamphlet at the unit with the occupant.

(a) It is a violation for a renovator to:

Fail or refuse to comply with any provision of this rule.
Fail or refuse to establish and maintain records required by paragraph (4) of this

rule.

Fail to or refuse to make available to the Commissioner records as required by this

rule.

Fail to or refuse to permit the Commissioner access to records as required by this

rule.

Fail to or refuse to permit the Commissioner or the Commissioner’s authorized representatives entry or inspection of the business premises of persons and firms engaged in renovation during business hours upon presenting credentials identifying themselves as employees of the department.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 68-131-401, et seq.
Administrative History: New rules filed March 7, 2024; effective June 5, 2024. Chapter was transferred from 1200-01-18 which was repealed.

Tenn. Comp. R. & Regs. 0400-13-01-.02 LEAD-BASED PAINT HAZARDS

(1) Scope and Applicability.

(a) This rule identifies lead-based paint hazards.

(b) The standards for lead-based paint hazards in this rule apply to target housing and childoccupied facilities.

(c) Nothing in this rule requires the owner of one or more properties subject to these standards to evaluate the property or properties for the presence of lead-based paint hazards or to take any action to control these conditions if one or more hazards is identified.

(d) Identification of the lead hazards as defined on and after the effective date of this rule shall be disclosed to the property owner and occupants of the target housing and childoccupied facility.

(2) Definitions.

In addition to the definitions in Rule 0400-13-01-.01, the following definitions apply to this rule, unless otherwise specified:

“Wipe sample” means a sample collected by wiping a representative surface of known area, as determined by ASTM E1728, “Standard Practice for Field Collection of Settled Dust Samples Using Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques,” or equivalent method, with an acceptable wipe material as defined in ASTM E 1792, “Standard Specification for Wipe Sampling Materials for Lead in Surface Dust,” or equivalent method.

(3) Lead-Based Paint Hazards.

(a) A paint-lead hazard is any of the following:

Any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g., the windowsill or floor) are equal to or greater than the dust-lead hazard levels identified in subparagraph (b) of this paragraph.
Any damaged or otherwise deteriorated lead-based paint on an impact surface that is caused by impact from a related building component, such as a doorknob that knocks into a wall or a door that knocks against its door frame.

June, 2024 57 3. Any chewable lead-based painted surface on which there is evidence of teeth marks.

Any other deteriorated lead-based paint in any residential building or childoccupied facility or on the exterior of any residential building or child-occupied facility.

(b) A dust-lead hazard is surface dust in a residential dwelling or child-occupied facility that contains a mass-per-area concentration of lead equal to or exceeding 10 μg/ft on floors or 100 μg/ft on interior windowsills based on wipe samples.

(c) A soil-lead hazard is bare soil on residential real property or on the property of a childoccupied facility that contains total lead equal to or exceeding 400 parts per million (μg/g) in a play area or average of 1,200 parts per million of bare soil in the rest of the yard based on soil samples.

(d) Applicable work practice standards and certification, occupant protection, and clearance requirements are found in Rule 0400-13-01-.01. The work practice standards in that rule do not apply when treating paint-lead hazards of less than:

Two square feet of deteriorated lead-based paint per room or equivalent, 2. Twenty square feet of deteriorated paint on the exterior building, or 3. Ten percent of the total surface area of deteriorated paint on an interior or exterior type of component with a small surface area.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 68-131-401, et seq.
Administrative History: New rules filed March 7, 2024; effective June 5, 2024. Chapter was transferred from 1200-01-18 which was repealed.

Tenn. Comp. R. & Regs. 0400-13-01-.03 RESIDENTIAL PROPERTY RENOVATION

(1) Purpose and Applicability.

(a) The purpose of this rule is to require each person who performs a renovation of target housing for compensation to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.

(b) Except as provided in subparagraph (c) of this paragraph, this rule applies to all renovations of target housing performed for compensation.

Minor repair and maintenance activities.
Emergency renovation operations.
Renovations in target housing in which a written determination has been made by an inspector (certified by the Commissioner pursuant to paragraph (5) of Rule

Chapter 0400-13-02 Asbestos Accreditation Requirements(Renumbered from 1200-01-20)

Tenn. Comp. R. & Regs. 0400-13-02-.01 ASBESTOS ACCREDITATION REQUIREMENTS: GENERAL

(1) General.

(a) Scope and applicability.

This chapter contains procedures and requirements for the accreditation of asbestos training programs, individuals, and firms performing asbestos activities.

This chapter outlines the responsibilities and limitations of each accredited asbestos training program, individual, and firm.

This chapter applies to all individuals and firms who perform or offer to perform asbestos activities in schools or public and commercial buildings, as defined in paragraph (2) of this rule.
This chapter does not apply to small-scale, short-duration activities conducted in schools or public and commercial buildings.
Each department, agency, and instrumentality of executive, legislative, and judicial branches of the federal government and the State of Tennessee having jurisdiction over any property or facility, or engaging in any asbestos activities, and each officer, agent, or employee thereof, shall be subject to, and comply with the requirements of this chapter.

(i) Inclusions:

(I) This chapter does not exempt a Local Education Agency (“LEA”) from complying with the requirements outlined in the federal Asbestos Hazard Emergency Response Act and 40 C.F.R. Part 763, Subpart E Asbestos-Containing Materials in Schools regulations;

(II) An LEA and its employee(s) shall comply with this chapter; and (III) Firms, which include general contractors, consultants, staffing services, and subcontractors, hired by an LEA to perform asbestos activities shall comply with the requirements of this chapter.

(ii) Exemptions:

May, 2025 2 (I) LEAs and their employees are exempt from paying application fees outlined in Rule 0400-13-02-.05 when individuals conducting the asbestos activity or activities are employed directly by LEAs and their school systems to ensure their compliance with AHERA, as defined in paragraph (2) of this rule.

I. The exemption in item (I) of this subpart includes custodial and maintenance employees and designated individuals responsible to ensure that LEAs comply with AHERA.

II. The exemption in item (I) of this subpart does not apply to individuals, even though employed by the LEA, conducting asbestos activities in buildings not owned or operated by the LEA.

(II) Federal, state, and local regulatory agencies are exempt from this

chapter when performing compliance inspections for the purpose of determining adherence to applicable statutes or regulations, and not to locate, assess, or remedy the condition of asbestos-containing building material.

Nothing in this chapter requires the performance of asbestos activities.

(b) As used in this chapter:

Words in the masculine gender also include the feminine and neuter genders;
Words in the singular include the plural; and 3. Words in the plural include the singular.

(1) Paragraph (a) Subparagraph 1. Part (i) Subpart (I) Item I. Subitem A. Section (A) Subsection (d) The Commissioner may make forms available electronically or allow these applications or information to be submitted electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.

(2) Definitions.

May, 2025 3 When used in this chapter, the following terms have the following meanings unless otherwise specified:

(a) “Accessible” when referring to ACM means that the material is subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities.

(b) “Accredited” or “accreditation” when referring to an individual, firm, or training provider means that the Commissioner has issued an accreditation certificate to a firm or training provider or issued an accreditation identification card to an individual pursuant to this

chapter, and when referring to a laboratory means that the laboratory entity is accredited in accordance with 15 U.S.C. § 2646.

(c) “Asbestos” means the asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.

(d) “Asbestos activities” means providing an initial or refresher asbestos training course(s); conducting asbestos inspections, asbestos response actions, asbestos project monitoring; or preparing asbestos management plans or asbestos project designs.

(e) “Asbestos-containing material” or “ACM” means any material or product which contains more than one percent (1%) asbestos.

(f) “Asbestos-containing building material” or “ACBM” means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM found in or on interior structural members or other parts of a school building or public and commercial buildings.

(g) “Asbestos Hazard Emergency Response Act” or “AHERA” means the Asbestos Hazard Emergency Response Act of 1986, as amended, 15 U.S.C.§§ 2641 – 2656, and its associated regulations, 40 C.F.R. §§ 763.80 – 763.99.

(h) “Asbestos inspector” or “inspector” means an individual who has successfully completed the required three-day asbestos inspector training course to conduct asbestos inspections in schools and public and commercial buildings to identify all locations of friable and non-friable asbestos-containing building material, identify the type of asbestos-containing building material, and determine its classification and condition.

(i) “Asbestos management planner” or “management planner” means an individual who has successfully completed the three-day asbestos inspector and two-day management planner training courses to conduct asbestos inspections and risk assessments, determine the appropriate response actions, and to prepare an asbestos management plan for use in schools.

(j) “Asbestos project designer” or “project designer” means an individual who has successfully completed the three-day asbestos project designer training to design any of the following activities with respect to asbestos-containing building material in schools or public and commercial buildings: response actions other than a small-scale short duration maintenance activity, maintenance activities that disturb asbestos-containing building material other than a small-scale short duration maintenance activity, or response actions for a major fiber release episode.

(k) “Asbestos project monitor” or “project monitor” means an individual who has successfully completed the five-day asbestos project monitor training to observe response actions performed by a firm or individual and generally serves as a building owner’s representative to ensure that abatement work is completed according to the specifications and in compliance with all relevant statutes and regulations. The asbestos May, 2025 4 project monitor performs the vital role of collecting clearance air samples to confirm the completion of a response action involving friable and non-friable asbestos-containing material and asbestos-containing building material.

(l) “Asbestos supervisor” or “supervisor” means an individual who has successfully completed the required five-day asbestos supervisor training to provide oversight or supervision of asbestos response actions performed in schools or public and commercial buildings. An accredited supervisor may directly or indirectly supervise, oversee, and provide direction to asbestos workers performing response actions. An asbestos supervisor may be an individual with the position title of foreman, working foreman, or lead man pursuant to the accredited supervisor’s company’s policy.

(m) “Asbestos training course” or “training course” means an initial or refresher asbestos training course, including an online refresher asbestos training course, in any of the following disciplines: worker, inspector, management planner, project designer, supervisor, and project monitor.

(n) “Asbestos worker” or “worker” means an individual who has successfully completed the required four-day accredited asbestos worker training course to be responsible in a nonsupervisory capacity to carry out the following activities with respect to friable asbestoscontaining building material in schools or public and commercial buildings: a response action, other than a small-scale, short duration activity; a maintenance activity that disturbs friable asbestos-containing building material other than a small-scale, short duration activity; or a response action for a major fiber release episode.

(o) “Asynchronous online course” means a course that allows students to view instructional materials at any time they choose at any location and does not include a live video lecture component.

(p) “Building” means any structure having two or more walls and a roof/ceiling.

(q) “Building owner” means the person in whom legal title to the premises is vested unless the premises are held in trust, in which instance the building owner means the person in whom beneficial title is vested.

(r) “Clearance air samples” mean air samples collected to confirm the completion of removal, encapsulation, or enclosure of ACBM, or assumed to be ACBM, prior to the reoccupancy of the contained work area by the public.

(s) “Commissioner” means the Commissioner of the Tennessee Department of Environment and Conservation or the Commissioner’s designee.

(t) “Contained work area” means designated rooms, spaces, or other areas where response actions are being performed, including decontamination area(s), that are separated from the uncontaminated environment by polyethylene sheeting or other materials used in conjunction with the existing floors, ceiling, and walls of the structure or building.

(u) “Course agenda” means an outline of the key topics to be covered during an accredited asbestos training course in the appropriate discipline, which shall include the time allotted to teach each topic, hands-on training and assessment, and the name(s) of the instructor(s).

(v) “Course completion certificate” means a training course certificate issued to a student that successfully completes the requirements outlined in paragraph (4) of Rule 0400-13- 02-.02 for a specific discipline and has passed the course examination with a grade of 70% or greater.

May, 2025 5 (w) “Course student roster” means a list of names of every individual who attended a specific training course and whether they completed, passed, or failed.

(x) “Course test blueprint” means a written document identifying the proportion of the course test questions devoted to each major topic in the course curriculum.

(y) “Current certificate” means a training course completion certificate for a training course that an individual completed not more than 12 months before the current date.

(z) “Department” means the Tennessee Department of Environment and Conservation.

(aa) “Discipline” means one of the specific types or categories of asbestos activities identified in this chapter for which individuals may receive training from accredited training providers and become accredited by the Commissioner. Accredited asbestos “disciplines” are: worker, supervisor, inspector, management planner, project designer, and project monitor.

(bb) “EPA” means the United States Environmental Protection Agency.

(cc) “Encapsulation” means the treatment of asbestos-containing building material with a material that surrounds, or embeds asbestos fibers in an adhesive matrix to prevent release of asbestos fibers, as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant).

(dd) “Enclosure” means an airtight, impermeable, permanent barrier around asbestoscontaining building material to prevent the release of asbestos fibers into the air.

(ee) “Firm” means a company, corporation, partnership, sole proprietor, commercial enterprise, business entity, contractor, subcontractor, consultant, commission, state agency, county governmental body, municipality, party, association, staffing service, or any private or public legal entity; any Indian tribe; any interstate body; any departmental agency or instrumentality of the federal government, or two or more individuals or persons that carry on business. For the purposes of this chapter, employees of the firm include individuals whom the firm subcontracts.

(ff) “Friable asbestos-containing material” means any material containing more than 1% asbestos which has been applied on ceilings, walls, structural members, piping, duct work, or any other part of a building which, when dry, may be crumbled, pulverized, or reduced to a powder by hand pressure. The term includes non-friable asbestoscontaining material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.

(gg) “Friable asbestos-containing building material” means any friable asbestos-containing material that is in or on interior structural members or other parts of a school or public and commercial building. This term also includes previously non-friable ACM that is in or on interior structural members or other parts of a school or public and commercial building after such material becomes damaged to the extent that, when dry, it can be or has been crumbled, pulverized, or reduced to powder.

(hh) “Functional space” means a room, group of rooms, or homogeneous area (including crawl spaces or the space between a dropped ceiling and the floor or roof deck above), such as classroom(s), cafeteria, gymnasium, and hallway(s), that is designated by an May, 2025 6 individual accredited to prepare management plans, design abatement projects, or conduct response actions.

(ii) “Guest instructor” means an individual designated by the accredited training program manager or principal instructor to provide instruction specific to the lecture, hands-on training exercises, or work practice components of a training course.

(jj) “Hands-on training assessment” means an evaluation that tests the student’s ability to satisfactorily perform the work practices and procedures taught in an accredited asbestos training course.

(kk) “Hands-on training exercise” means any activity that requires the student to practice performing a work task or procedure. “Hands-on training exercise” does not include an exercise or activity in which the instructor shows a student how to perform a task without requiring the student to perform the task.

(ll) “High-efficiency particulate air” or “HEPA” means a filtering system capable of trapping and retaining at least 99.97 percent of all monodispersed particles 0.3 μm in diameter or larger.

(mm) “Homogeneous area” means an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture.

(nn) “Initial training course” means a training course required for initial accreditation in a specific discipline under this chapter.

(oo) “Inspection” means an activity undertaken in a school building, or a public and commercial building to determine the presence, location, or assess the condition of friable or non-friable asbestos-containing building material or suspected asbestoscontaining building material, whether by visual or physical examination, or by collecting samples of such material. “Inspection” includes re-inspections of friable or non-friable known or assumed asbestos-containing building material which has been previously identified by an accredited inspector. For the purposes of this chapter, “inspection” does not include:

Periodic surveillance conducted solely for the purpose of recording or reporting a change in the condition of known or assumed asbestos-containing building material;
Inspections performed by employees or agents of federal, state, or local government solely for the purpose of determining compliance with applicable statutes or regulations; or 3. Visual inspections conducted solely for the purpose of determining completion of response actions.

(pp) “Learning objective” means the knowledge, skills, abilities, and behaviors a student is expected to obtain from a given instructional activity.

(qq) “Local Education Agency” or “LEA” means:

A public board of education or other public authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a state, or for a combination of May, 2025 7 school districts or counties that is recognized in a state as an administrative agency for its public elementary schools or secondary schools;
The owner of any non-public, non-profit elementary or secondary school building; and 3. The governing authority of any school operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. §§ 921 to 932).

(rr) “Major fiber release episode” means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of more than three square or linear feet of friable asbestos-containing building material.

(ss) “Management Plan” means a document required by EPA to be developed by local education agencies as set forth in 40 C.F.R. Part 763 Subpart E Asbestos-Containing Materials in Schools that shall be developed by an accredited management planner.

(tt) “Minor fiber release episode” means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of three square or linear feet or less of friable asbestos-containing building material.

(uu) “Miscellaneous material” means interior building material on structural components, structural members, or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation material.

(vv) “NESHAP” means the National Emission Standard Hazardous Air Pollutants.

(ww) “Non-friable asbestos material” means an asbestos-containing material used in a school or public and commercial building which, when dry, cannot be crumbled, pulverized, or reduced to a powder by hand pressure.

(xx) “Online refresher training course” means a refresher training course curriculum presentation taken through web-based technology that is accessed through a networkenabled system using a computer whereby the student can watch and hear with or without the ability to interact with the instructor while the course is in progress.

(yy) “Operation and maintenance program” or “O&M program” means a program of work practices to maintain friable asbestos-containing building material in good condition, ensure clean-up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable asbestos-containing building material disturbance or damage.

(zz) “Oversight” means to directly observe an asbestos activity or response action for the

purpose of determining compliance with contractual, performance, or regulatory standards.

(aaa) “Person” means any individual, firm, business entity, governmental body, public entity, or private entity.

(bbb) “Potential damage” means circumstances in which:

Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities; or May, 2025 8 2. There are indications that there is a reasonable likelihood that the material or its covering will become damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices, changes in occupancy, or recurrent damage.

(ccc) “Potential significant damage” means circumstances in which:

Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities;
There are indications that there is a reasonable likelihood that the material or its covering will become significantly damaged, deteriorated, or delaminated due to factors such as changes in building use, changes in operations and maintenance practices changes in occupancy, or recurrent damage; or 3. The material is subject to major or continuing disturbance, due to factors including, but not limited to, accessibility or under certain circumstances, vibration, or air erosion.

(ddd) “Principal instructor” means the individual who has the primary responsibility for organizing and teaching an accredited asbestos training course.

(eee) “Project design” means a specific, detailed description of the procedures, processes, and engineering controls that is developed and documented to address an asbestos project, which may include but is not limited to: plans, drawings and specifications that recommend or establish the scope of work, standards of workmanship, equipment specifications or utilization, construction standards, alternative response action, courses of actions, or response action health and safety controls.

(fff) “Public and commercial building” means the interior space of any building which is not a school building, except that the term does not include any residential apartment building of fewer than 10 units or detached single-family homes. The term includes but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses, and factories.

Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.

(ggg) “Reciprocity” means a written cooperative or interchange of privileges between the State of Tennessee and consenting EPA-authorized states or EPA-authorized Indian Tribes.

(hhh) “Recognized laboratory” means a laboratory entity that is accredited in accordance with 15 U.S.C. § 2646(d).

(iii) “Refresher training course” means a training course accredited by the Commissioner as an annual, supplemental training course for an individual engaged in a specific discipline.

(jjj) “Removal” means the taking out or the stripping of any asbestos-containing building material from a damaged area, a functional space, or a homogeneous area in a school or public and commercial building.

(kkk) “Repair” means returning damaged asbestos-containing building material to an undamaged condition or to an intact state so as to prevent a fiber release.

May, 2025 9 (lll) “Response action” means a method, including removal, encapsulation, enclosure, repair, and operations and maintenance, that protects human health and the environment from friable asbestos-containing building material.

(mmm)“Responsible official” means an individual with the authority to act on behalf of a training provider and to make decisions that bind the training provider.

(nnn) “School” means any elementary or secondary school as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. § 2854) as of the effective date of this rule.

(ooo) “School building” means:

Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food;
Any gymnasium or other facility which is specially designed for student athletic or recreational activities;
Any other facility used for the instruction or housing of students or for the administration of educational or research programs;
Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in subparagraphs (a), (b), or (c) of this definition;
Any portico or covered exterior hallway or walkway of any facility described in subparagraphs (a), (b), or (c) of this definition; and 6. Any exterior portion of a mechanical system used to condition interior space of any facility described in subparagraphs (a), (b), or (c) of this definition.

(ppp) “Significantly damaged friable miscellaneous ACM” means damaged friable miscellaneous ACM where the damage is extensive and severe.

(qqq) “Significantly damaged friable surfacing ACM” means damaged friable surfacing ACM in a functional space where the damage is extensive and severe.

(rrr) “Small-scale, short-duration activities” or “SSSD” means tasks such as, but not limited to:

Removal of asbestos-containing insulation on pipes;
Removal of small quantities of asbestos-containing insulation on beams or above ceilings;
Replacement of an asbestos-containing gasket on a valve;
Installation of electrical conduits through or proximate to asbestos-containing materials;
Installation or removal of a small section of drywall;
Removal of small quantities of asbestos-containing material only if required in the performance of another maintenance activity not intended as asbestos abatement;

May, 2025 10 7. Removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glove bag;

Minor repairs to damaged thermal system insulation which does not require removal;
Repairs to a piece of asbestos-containing wallboard; and 10. Repairs, involving encapsulation, enclosure, or removal, to small amounts of friable asbestos-containing material only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed the amounts greater than those which can be contained in a single prefabricated mini-enclosure (e.g., a glove bag). If used, such an enclosure shall conform spatially and geometrically to the localized work area to perform its intended containment function.

(sss) “Surfacing material” means material in a school or public and commercial building that is sprayed-on, troweled-on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes.

(ttt) “Synchronous online course” means an online course that is delivered live and that students are required to log in and participate in at a specific time.

(uuu) “Thermal system insulation material” means material in a school or public and commercial building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior components to prevent heat loss or gain, water condensation, or for other purposes.

(vvv) “Training curriculum” or “training course” means a course that meets or exceeds the established set of course topics set forth in paragraph (4) of Rule 0400-13-02-.02 for a particular discipline to provide asbestos specialized instructions and hands-on training.

(www)“Training hour” means at least 50 minutes of actual instruction, including but not limited to: time devoted to lecture, learning objectives, small group activities, demonstrations, evaluations, hands-on training exercises, or any combination of lecture, activity, demonstration, evaluation, or hands-on training exercise. Training hours do not include registration, breaks, or meals.

(xxx) “Training manager” means the individual who is responsible for administering the accredited training program and for monitoring the performance of principal and guest instructors to ensure the training provider’s compliance with the requirements of Rule

Tenn. Comp. R. & Regs. 0400-13-02-.02 ;

(e) Obtaining documentation of asbestos training or examinations through fraudulent means;

(f) Gaining admission to or completing an accredited asbestos refresher training course through a fraudulent representation of initial or previous refresher training documentation;

May, 2025 50 (g) Obtaining accreditation through fraudulent representation of accreditation requirements such as education, training, professional registration, or experience or submitting false, fraudulent, or misleading documentation as part of the person’s of firm’s application for accreditation or re-accreditation;

(h) Obtaining accreditation using a certificate from a training provider that does not have approval to offer training for the particular discipline from either EPA or from a state that has a contractor accreditation plan at least as stringent as the EPA MAP.

(i) Performing work requiring accreditation at a job site without being in physical possession of a current accreditation identification card;

(j) Permitting the duplication or use of an individual’s own asbestos accreditation certificate or accreditation identification card by another individual;

(k) For a training provider, allowing an approved principal instructor or other individual with supervisory authority over the delivery of a training course to not comply with a requirement or any provision of this chapter;

(l) Failing to maintain any records as required under this chapter;

(m) Failing to submit required information or notifications under this chapter in a timely manner;

(n) Failing to comply with an order of the Commissioner, or failing to demonstrate the skills, techniques, procedures, or knowledge necessary to perform asbestos activities in accordance with the requirements of this chapter;

(o) Engaging in fraud or deception or misrepresentation during the performance of the person’s duties as an accredited individual, firm, or training provider;

(p) Charging the owner or operator of a building for unapproved work or work which was not performed;

(q) Performing an action that causes a release of asbestos;

(r) Submitting false or misleading information or statements to the Commissioner;

(s) Failing to timely submit information requested by the Commissioner;

(t) For a firm, performing asbestos activities requiring accreditation using an individual who is not properly accredited by the Commissioner;

(u) For a firm, allowing an individual with supervisory authority at the work site to violate a requirement or any applicable provision of these rules;

(v) Being convicted, or entering a plea of guilty or no contest, in a court of competent jurisdiction to any crime that occurred while performing asbestos activities in schools or public and commercial buildings, to any crime involving fraud or deception, or to any felony. Such a conviction of or entry of a plea by an individual serving as an officer of a firm or training provider shall constitute grounds for such action against the firm or training provider;

(w) A finding of liability in a civil proceeding arising from performance of asbestos activities in schools or public and commercial buildings, or a finding of liability in a civil proceeding involving fraud or deception. Such a finding of liability against an individual owning 10 May, 2025 51 percent or more of a firm or training provider or serving as an officer of a firm or training provider shall constitute grounds for such action against the firm or training provider;

(x) Having a compliance history demonstrating an unwillingness or inability to maintain compliance with this chapter. An individual serving as an officer of a firm or training provider having such a compliance history shall constitute grounds for such action against the firm or training provider;

(y) Losing any other professional license, certification, or authorization through applicable procedures of revocation or suspension, including but not limited to federal debarment;

(z) Failure of an individual to use applicable state-of-the-art work practices;

(aa) Failing or refusing to establish and maintain records or reports as required by this

chapter, to provide copies of reports or records to the Commissioner as required by this

chapter, or to permit access to records or reports by the Commissioner as required by this chapter; or (bb) Failing or refusing to permit entry or inspection by the Commissioner to ensure compliance with these rules.

(2) The Commissioner may suspend or revoke the accreditation of a training provider for some or all of the accredited training courses where an approved training course instructor, or other individual with supervisory authority over the delivery of training, has been found in violation of other asbestos activity regulations. An administrative or judicial finding of violation, or execution of a consent agreement and order constitutes evidence of a failure to comply with such regulations.

(3) The Commissioner may take any action authorized under this rule against a firm based on any actions of any employee, principal, or agent in violation of this chapter performed on behalf of the firm.

(4) The Commissioner may enforce the provisions of this chapter by issuing an order to a person for payment of any appropriate fees or surcharges authorized under the chapter. The Commissioner may also enforce the provisions of this chapter by issuing an order to suspend, refuse to re-accredit, or revoke the accreditation for any accredited individual, firm, or training provider. Such orders shall be served by certified mail return receipt requested, or in accordance with Tennessee statutes authorizing service of process in civil actions. Such orders shall include the grounds for the order and instructions as to how the person receiving an order can contest it.

(5) Any person served an order pursuant to paragraph (4) of this rule may contest the order and request a hearing before the Commissioner by sending a written petition for hearing that sets forth the reasons for contesting the order to the address listed for such a contest on the order.

A petition for a hearing under this paragraph must be received by the Commissioner or be postmarked within 30 days of receipt of the order pursuant to paragraph (4) of this rule. Upon timely filing of a written petition contesting an order under this paragraph, the Commissioner shall institute a contested case hearing, and the proposed disciplinary action, assessment of fees and/or surcharges, as set forth in the order shall be suspended pending the conclusion of the contested case hearing.

(6) If a written petition requesting review of the order is not filed within 30 days of receipt of the order pursuant to paragraph (5) of this rule, the person against whom the order is issued shall be deemed to have consented to the order and it shall become final.

May, 2025 52 (7) Any contested case hearing before the Commissioner under this chapter shall be conducted in accordance with the Uniform Administrative and Procedures Act, T.C.A. §§ 4-5-301 to -326.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 62-41-101, et seq.
Administrative History: New rules filed February 19, 2025; effective May 20, 2025. Chapter was transferred from 1200-01-20 which was repealed.

Tenn. Comp. R. & Regs. 0400-13-02-.03 ACCREDITATION OF INDIVIDUALS AND FIRMS ENGAGED IN ASBESTOS

ACTIVITIES.

(1) Scope and applicability.

(a) Paragraph (2) of this rule contains the requirements an individual must meet in order to obtain an accreditation from the Commissioner to conduct asbestos activities in Tennessee.

(b) Paragraph (3) of this rule establishes the minimum education and experience required for an individual to be accredited by the Commissioner as an asbestos inspector, asbestos management planner, asbestos supervisor, asbestos project designer, asbestos worker, or asbestos project monitor.

(d) Paragraph (5) establishes the requirements an individual must meet to be re-accredited in a particular discipline.

(e) Paragraph (6) establishes the requirements a firm must meet to be accredited and reaccredited by the Commissioner to perform or offer to perform any asbestos activity in schools or public and commercial buildings in Tennessee.

(f) No application presented for review by an individual or firm will be processed without the applicable supporting documentation and payment of the appropriate nonrefundable application fee. If an application for accreditation of an individual or firm under this rule is denied, the individual or firm may reapply upon filing a new, complete application and paying the appropriate, nonrefundable application fee.

May, 2025 38 (g) Receipt and deposit of fees does not indicate approval of the application or guarantee the issuance of accreditation.

(h) All required applications and supporting documentation shall be submitted via mail or through the State of Tennessee online internet application submission portal, if such a portal is available, in accordance with subparagraph (1)(d) of Rule 0400-13-02-.01.

(2) Accreditation of an individual.

(a) 1. An individual shall not perform or offer to perform any asbestos activities in schools or public and commercial buildings in or for the State of Tennessee without first applying for and receiving accreditation as an asbestos inspector, asbestos management planner, asbestos supervisor, asbestos project designer, asbestos worker, or asbestos project monitor, as is appropriate to the asbestos activities to be performed by the individual, from the Commissioner and possessing a valid photo identification accreditation card for that discipline in accordance with the requirements of this rule.

Unless suspended, refused to be re-accredited, or revoked, in accordance with

Rule 0400-13-02-.07, an individual’s accreditation lasts for one year and shall remain valid until the expiration date of the current course completion certificate of the individual’s most recent training course in the discipline.

Individuals performing any asbestos activities in schools or public and commercial buildings in or for the State of Tennessee shall be in possession of a valid State of Tennessee-issued photo accreditation identification card for the applicable discipline(s) being performed at all times while at the work site.
To receive a replacement accreditation identification card during the term of an accreditation, the individual shall, at least 30 days prior to the expiration of the current course completion certificate, submit the request on the appropriate form and pay the fee for a replacement accreditation identification card. Upon confirmation that the individual has the required current course completion certificate(s) on file, the Commissioner shall issue the individual a replacement accreditation identification card.

(b) An individual seeking accreditation by the Commissioner to perform asbestos activities in schools or public and commercial buildings as an asbestos inspector, asbestos management planner, asbestos supervisor, asbestos project designer, asbestos worker, or asbestos project monitor shall submit to the Commissioner an application for the discipline(s) in which accreditation is sought on forms provided by the Commissioner.

The form(s) shall be completed in accordance with the instructions accompanying each form. The following shall also be submitted to the Commissioner along with the application form(s):

Proof, to the satisfaction of the Commissioner, of meeting the requirements of paragraph (3) of this rule, which may include, but is not limited to, the following documents:

(i) Copy of official academic transcripts or diploma, as evidence of meeting the applicable education requirements;

(ii) Resumes, letters of reference, or documentation of work experience, as evidence of meeting the applicable work experience requirements;

May, 2025 39 (iii) Course completion certificates from a Commissioner-accredited or recognized asbestos training program for the appropriate discipline(s), as evidence of meeting the training requirements. Except as otherwise allowed by Rule 0400-13-02-.04, course completion certificates issued by an asbestos training provider that was not accredited by the Commissioner at the time the course completion certificate was issued shall not be accepted; and (iv) For individuals seeking accreditation as a management planner, also submit both the applicable accredited inspector training course completion certificate and the management planner training course completion certificate.

The applicable nonrefundable application fee in subparagraph (2)(a) of Rule 0400- 13-02-.05;
A copy of a current course completion certificate for an initial training course in the appropriate discipline(s), and any refresher course completion certificate received in that discipline the previous year, if applicable;
One standard color passport photograph with each application for the asbestos discipline for which accreditation is sought; and 5. An attestation and documentation complying with the requirements of the Eligibility Verification for Entitlement Acts, T.C.A. §§ 4-58-101 to -110.

(c) After an individual submits a complete application demonstrating compliance with all of the requirements of subparagraph (b) of this paragraph, the Commissioner will review the completed application and any additional information, including but not limited to work

history from other sources. Any approval will include the issuance of an accreditation identification card. Any denial will include a letter describing any deficiency or reason for denial.

(d) If an individual has filed an incomplete application for accreditation, the Commissioner will issue a letter to the individual stating the materials and information needed to complete the application. If the individual does not provide all materials and information needed to complete the application within 30 days of the letter, the Commissioner may deny the application.

(3) Requirements for accreditation of an individual in the appropriate discipline.

To become accredited by the Commissioner as an asbestos inspector, asbestos management planner, asbestos supervisor, asbestos project designer, asbestos worker, or asbestos project monitor, an individual shall:

(a) Successfully complete a Commissioner-accredited initial training course and pass the course’s closed book examination, consistent with 40 C.F.R. Part 763, Appendix C, for the appropriate discipline;

(b) Meet or exceed the following experience and educational requirements:

Inspectors.

A high school diploma (or equivalent).

Management Planner.

May, 2025 40 (i) Have current credentials as a registered architect, certified industrial hygienist, licensed professional engineer, or certification in a related engineering, health, or environmental field (e.g., safety professional, environmental scientist);

(ii) Have a bachelor’s degree and one year of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction);

(iii) Have an associate degree and two years of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction); or (iv) Have a high school diploma and four years of experience in a related field (e.g., environmental remediation work, asbestos, lead, or in the building construction trades).

Supervisor.

(i) Have at least one year of experience as an accredited asbestos worker (no specific level of education is required); or (ii) Have at least two years of experience in a related field (e.g., environmental remediation work, asbestos, lead) or in the building construction trades.

Project Designer.

(i) Currently hold credentials as a registered architect, certified industrial hygienist, licensed professional engineer, or certification in a related engineering, health, or environmental field (e.g., safety professional, environmental scientist);

(ii) Have a bachelor’s degree and one year of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction); or (iii) Have an associate degree and two years of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction).

Worker. No minimum experience or education requirements.
Project Monitor.

(i) Currently hold credentials as a registered architect, certified industrial hygienist, licensed professional engineer or certification in a related engineering, health, or environmental field (e.g., safety professional, environmental scientist);

(ii) Have a bachelor’s degree and one year of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction);

(iii) Have an associate degree and two years of experience in a related field (e.g., asbestos, lead, or environmental remediation work, or building construction); or May, 2025 41 (iv) Have a high school diploma and four years of experience in a related field (e.g., environmental remediation work, asbestos, lead, or in the building construction trades and designs).

(4) An individual conducting asbestos activities shall comply with the work practice standards in subparagraphs (a) through (f) of this paragraph specific to the discipline for which that individual is accredited. An accredited individual shall not conduct asbestos activities appropriate to other disciplines for which accreditation or re-accreditation has not been obtained.

(a) Asbestos Inspector.

An accredited asbestos inspector inspects, identifies, and provides written assessments of all friable known or assumed ACBM in schools and public and commercial buildings.
For each inspection and re-inspection, an accredited asbestos inspector shall sign and date the assessment and include the inspector’s Commissioner-issued accreditation number on all reports.
An accredited asbestos inspector shall classify and give reasons in the written assessment for classifying the ACBM, suspected ACBM, and assumed to be ACM in schools and public and commercial buildings into one of the following categories:

(i) Damaged or significantly damaged thermal system insulation ACM;

(ii) Damaged friable surfacing ACM;

(iii) Significantly damaged friable surfacing ACM;

(iv) Damaged or significantly damaged friable miscellaneous ACM;

(v) ACBM with potential for damage;

(vi) ACBM with potential for significant damage; or (vii) Any remaining friable ACBM or friable suspected ACBM.

An accredited asbestos inspector’s assessment must include the following considerations:

(i) Location and the amount of the material, both in total quantity and as a percentage of the functional space; and (ii) Condition of the material, specifying:

(I) Type of damage or significant damage (e.g., flaking, blistering, water damage, or other signs of physical damage);

(II) Severity of damage (e.g., major flaking, severely torn jackets, as opposed to occasional flaking, minor tears to jackets); and (III) Extent or spread of damage over large areas or large percentages of the homogeneous area.

May, 2025 42 5. An accredited asbestos inspector shall determine whether the material is accessible.

An accredited asbestos inspector shall determine the material’s potential for disturbance.
An accredited asbestos inspector shall determine the known or suspected causes of damage or significant damage (e.g., air erosion, vandalism, vibration, water).
An accredited asbestos inspector shall determine preventive measures which might eliminate the reasonable likelihood of undamaged ACM from becoming significantly damaged.
An accredited asbestos inspector shall ensure that all bulk samples collected from school and public and commercial buildings shall be analyzed by an accredited laboratory.

(b) Accredited Asbestos Management Planner.

An accredited asbestos management planner develops management plans to review the results of each inspection, re-inspection, and assessment for the school building and to conduct any other necessary activities to recommend in writing appropriate response actions to the local education agency.
An accredited asbestos management planner shall sign and date the recommendation and include the asbestos management planner’s Commissionerissued accreditation number in the management plan.

An accredited asbestos supervisor may provide oversight (directly or indirectly) for the following activities with respect to friable ACBM in schools and public and commercial buildings:

(i) Conducting a response action other than a SSSD activity;

(ii) A maintenance activity that disturbs friable ACBM other than a SSSD activity; or (iii) A response action for a major fiber release episode.

An accredited asbestos supervisor shall use state-of-the-art work practices, which include the following:

(i) Proper work practices for asbestos abatement activities, including proper construction; maintenance of barriers and decontamination enclosure systems; proper positioning of warning signs; lock-out of electrical and ventilation systems; proper working techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; use of HEPA vacuums; and proper clean-up and disposal procedures.

(ii) Proper work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for unplanned releases; proper management of potential exposure situations; and appropriate transport and disposal procedures.

May, 2025 43 (iii) New asbestos abatement-related techniques and methodologies may be used.

(i) One accredited asbestos supervisor is required to be at the worksite at all times while response actions are being conducted; and (ii) Accredited asbestos workers shall have access to an accredited asbestos supervisor throughout the duration of the project.
An accredited asbestos supervisor shall include the supervisor’s Commissionerissued accreditation number on all reports.

(d) Accredited Asbestos Project Designer.

An accredited asbestos project designer produces written specifications and designs for any of the following asbestos activities with respect to friable ACBM in a school or public and commercial building:

(i) Any response action other than a SSSD maintenance activity;

(ii) A maintenance activity that disturbs friable ACBM other than a SSSD maintenance activity; or (iii) A response action for a major fiber release episode.

An accredited asbestos project designer shall sign and date the written specification packet and include the project designer’s Commissioner-issued accreditation number.
Duties of an accredited project designer are inclusive of, but not limited to, the following activities: determination of the scope of work; work sequence; performance standards for response actions, including preparation of specifications and plans; and contract documents used with respect to the handling of friable and non-friable ACBM. The project design also includes: techniques for completing an initial cleaning of the work area; the rationale behind establishment of functional spaces; written diagrams and methods of diagramming all containment barriers; a written rationale for air clearance; and the clarification of what constitutes a complete visual clearance.

(e) Accredited Asbestos Worker.

An accredited asbestos worker is responsible for carrying out any of the following activities with respect to friable ACBM in schools and public and commercial buildings:

(i) A response action other than a SSSD maintenance activity;

(ii) A maintenance activity that disturbs friable ACBM other than a SSSD maintenance activity; or (iii) A response action for a major fiber release episode.

An accredited asbestos worker shall provide the worker’s Commissioner-issued accreditation upon request.

May, 2025 44 (f) Accredited Asbestos Project Monitor.

An accredited asbestos project monitor monitors response actions and generally serves as the building owner’s representative to ensure compliance with contract and job specifications and regulatory requirements, except for projects that are SSSD activities. The functional role of an asbestos project monitor is specific to a particular response action and is inclusive of:

(i) Performing visual audits of a job site before, during, and after a response action is undertaken; and (ii) Performing air monitoring as a part of a response action or for the purpose of clearing a response action.

An accredited asbestos project monitor shall sign and date the written report and include the asbestos project monitor’s Commissioner-issued accreditation number.
At the conclusion of any response action to remove, encapsulate, or enclose ACBM or material assumed to be ACBM, except for projects that are SSSD activities, the accredited project monitor shall conduct the following activities to determine the completion of a response action:

(i) Visually inspect each functional space where such action was conducted to determine whether the action has been properly completed; and (ii) Collect clearance air samples using aggressive sampling in accordance with 40 C.F.R. Part 763 Subpart E (Asbestos-Containing Materials in Schools)

Appendix A (Interim Transmission Electron Microscopy Analytical Methods – Mandatory and Non-Mandatory – and Mandatory Section to Determine Completion of Response Actions), to determine completion of response actions involving ACBM or material assumed to be ACBM, other than smallscale, short-duration activities. Samples shall be analyzed for asbestos using one of the following methods:

(I) Transmission Electron Microscopy (“TEM”) using laboratories accredited by the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program (NVLAP); or (II) Phase contrast microscopy (“PCM”) for monitoring samples collected for clearance purposes to confirm completion of response action (removal, encapsulation, or enclosure) of ACBM or materials assumed to be ACBM that is greater than SSSD and less than or equal to 160 square feet or 260 linear feet. To determine the amount of ACBM affected, the asbestos project monitor adds the total square or linear footage of ACBM within the containment barriers used to isolate the functional space for the action to remove, encapsulate, or enclose the ACBM or materials assumed to be ACBM (Contiguous portions of material subject to such action conducted concurrently or at approximately the same time within the same school building shall not be separated to qualify under this item).

When the clearance air samples are collected in accordance with subitem 3.(ii)(I) of this subparagraph, an accredited asbestos project monitor shall consider the response action complete if either subpart (i) or (ii) of this part are met:

May, 2025 45 (i) The three blank samples have an arithmetic mean of the asbestos structure concentration on the blank filters that is less than or equal to 70 s/mm2 and the average airborne asbestos concentration measured inside the abatement area is not statistically higher than the average airborne asbestos concentration measured outside the abatement area as determined by the Z-test calculation found in 40 C.F.R. Part 763, Appendix A of Subpart E. The response action is considered complete if Z is less than or equal to 1.65; or (ii) If the volume of air drawn for each of the five samples collected within the affected functional space is equal to or greater than 1,199 liters (L) of air for a 25 mm filter or equal to or greater than 2,799 L of air for a 37 mm filter and the average concentration of asbestos as analyzed by the TEM method in 40 C.F.R. Part 763, Appendix A of subpart E, for the five air samples does not exceed 70 s/mm .

When the clearance air samples are collected in accordance with subitem 3.(ii)(II) of this subparagraph, an accredited asbestos project monitor shall not consider the response action complete until the results of samples collected in the affected functional space and analyzed by phase contrast microscopy (PCM) using the National Institute for Occupational Safety and Health (“NIOSH”) Method 7400 entitled “Fibers” published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantitation for PCM (0.01 fibers per cubic centimeter (0.01 f/cm ) of air).
An accredited asbestos project monitor shall ensure that air samples meet the following work practice standards:

(i) In a school or public and commercial building air samples shall be analyzed by TEM by using laboratories accredited by the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program (NVLAP);

(ii) In a school when the area is greater than a small-scale, short-duration activity and less than or equal to 160 square feet or 260 linear feet, air samples may be analyzed by phase contrast microscopy (“PCM”) using the NIOSH Method 7400 by a laboratory enrolled in the American Industrials Hygiene Association Proficiency Analytical Testing Program; and (iii) In a public or commercial building when the area is greater than or equal to 160 square feet or 260 linear feet, air samples may be analyzed by PCM using a laboratory enrolled in the American Industrials Hygiene Association Proficiency Analytical Testing Program.

(5) Re-Accreditation of Individuals.

(a) To maintain accreditation in a particular discipline, an accredited individual shall submit the following within 60 days prior to the expiration date of their current accreditation:

A complete re-accreditation application, which shall include all information required for initial accreditation in the respective asbestos discipline;
Proof of a current refresher training completion certificate in the respective asbestos discipline;

May, 2025 46 3. One standard two-inch by two-inch color passport photograph; and 4. The appropriate nonrefundable re-accreditation application fee in accordance with subparagraph (2)(a) of Rule 0400-13-02-.05.

(b) Upon receiving the information required by subparagraph (a) of this paragraph, the Commissioner shall issue the individual a new accreditation identification card that expires on the expiration date of the current refresher training completion certificate filed with the individual’s re-accreditation application.

(6) Accreditation and Re-Accreditation of Firms.

(a) A firm shall not perform or offer to perform any asbestos activity in schools or public and commercial buildings in Tennessee unless that firm is accredited by the Commissioner.

(b) A firm seeking accreditation or re-accreditation shall submit to the Commissioner:

A completed application on forms provided by the Commissioner;
The appropriate nonrefundable application fee in accordance with subparagraph (2)(a) of Rule 0400-13-02-.05;
A letter attesting that when conducting asbestos activities in schools or public and commercial buildings, the firm shall:

(i) Only employ Tennessee-accredited individuals;

(ii) Ensure that accredited individuals perform only the tasks specific to their respective accredited disciplines; and (iii) Ensure that while performing these tasks, the firm complies with the work practice standards of paragraph (4) of this rule; and 4. For an initial accreditation, if the firm is a sole proprietor, general partnership, or other business entity where individuals shall hold the right to all or part of the accreditation, an attestation and documentation for each such individual complying with the requirements of the Eligibility Verification for Entitlements Act, T.C.A. §§ 4-58-101 to -110.

(c) Following the submission of a complete firm application in accordance with subparagraph (b) of this paragraph, the Commissioner will review the completed application and any additional information, including but not limited to work history from other sources, and respond with either an accreditation certificate or a denial letter. The Commissioner will not approve a firm’s application for accreditation if the Commissioner determines that the requirements of this chapter are not met or the regulatory or environmental compliance history of the firm, its principals, or its key employees demonstrates an unwillingness or inability to maintain compliance with this chapter. The Commissioner may consider regulatory or environmental compliance history in other jurisdictions aside from Tennessee. An administrative or judicial finding of a violation, or execution of a consent agreement and order constitutes evidence of prior unwillingness or inability to maintain compliance. The Commissioner will send the firm a letter giving the reason for not approving the application. A firm may reapply for accreditation at any time by filing a new, complete application that includes all the information required in subparagraph (b) of this paragraph.

May, 2025 47 (d) A firm shall maintain the following records for three years: personnel employment, contracts for performance, final asbestos abatement reports, and clearance air monitoring reports. The retention period for all records required under this subparagraph shall be extended for the duration of any enforcement action against a firm.

(e) Upon request, the Commissioner shall be allowed to review relevant documents to determine a firm’s compliance with these rules.

(f) Unless the Commissioner revokes, denies re-accreditation, or suspends the accreditation in accordance with Rule 0400-13-02-.07, the accreditation shall be valid for three years from the last day of the month of issuance.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 62-41-101, et seq.
Administrative History: New rules filed February 19, 2025; effective May 20, 2025. Chapter was transferred from 1200-01-20 which was repealed.

Tenn. Comp. R. & Regs. 0400-13-02-.04 RECIPROCITY

(1) The Commissioner may recognize an accredited initial or refresher asbestos training course or training provider, approved by an EPA-authorized state or Indian tribe provided the Commissioner has a written reciprocity agreement with that state or tribe.

(2) The Commissioner may establish reciprocity agreements with EPA-authorized states or Indian tribes for individuals or firms that hold valid accreditations in those jurisdictions to obtain accreditation in Tennessee.

(3) Eligible servicemembers and spouses of servicemembers may secure accreditation in accordance with the provisions of T.C.A. § 4-3-1304(d) and 50 U.S.C. § 4025a (as in effect January 5, 2023).

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 62-41-101, et seq.
Administrative History: New rules filed February 19, 2025; effective May 20, 2025. Chapter was transferred from 1200-01-20 which was repealed.

Tenn. Comp. R. & Regs. 0400-13-02-.05 FEES

(1) All individuals, firms, and training providers seeking accreditation or re-accreditation shall pay the appropriate nonrefundable application fee, except as provided otherwise by item (1)(a)4.(ii)(I) of Rule 0400-13-02-.01.

(2) Application Fees for Accreditation.

(a) Initial accreditation and re-accreditation fees are specified in the following Tables:

Table 1 Training Provider Application Fees Training Course and Modifications Initial Two-Year Accreditation Fees Re-Accreditation (every two years)

Application Fees Initial Course & Minimum Time Required Worker - 4-day course Project Monitor - 5-day course $1,700 $2,125 $1,200 $1,600 May, 2025 48 Inspector - 3-day course Supervisor - 5-day course Project Designer - 3-day course Management Planner - 2-day management training course $1,275 $2,125 $1,275 $ 850 $ 975 $1,600 $ 975 $ 650 Classroom-Based and Online Asynchronous and Synchronous Refresher Course & Minimum Time Required Worker - 1-day Project Monitor - 1-day Inspector - 1/2-day Supervisor - 1-day Project Designer - 1-day Management Planner - 1/2-day $450 $450 $250 $450 $450 $250 $450 $450 $250 $450 $450 $250 Modification of Rosters Application Review Fee for Modification of Roster To Change or Add Individual(s), as the Training Manager or Principal Instructor(s) $25 Table 2 Firm Application Fees Type of Accreditation Three-Year Accreditation and Re-Accreditation Application Fee Firm Accreditation $500 Table 3 Application Fees for an Individual Individual Accreditation Initial Annual Accreditation Fee Individual Re- Accreditation Annual Fee Worker Project Monitor Inspector Management Planner Inspector/Management Planner Combined Supervisor Project Designer $100 $110 $160 $233 $367 $167 $184 $100 $110 $160 $233 $367 $167 $184 (b) Application and Payment Procedure.

May, 2025 49 Application forms and instructions can be obtained from the Toxic Substances Program, Tennessee Department of Environment and Conservation by calling 1-888-771-5323 toll free.

(3) Accreditation Card or Certificate Replacement.

An individual seeking an accreditation identification card replacement or a firm or training provider seeking a replacement accreditation certificate shall complete the applicable portions of the appropriate application in accordance with the instructions provided and submit the application to the Commissioner with a nonrefundable $50 replacement fee. The types of applications include:

(a) Individual— “Application for a Person to Conduct Asbestos Activities.”

(b) Firm— “Application for a Firm to Conduct Asbestos Activities.”

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 62-41-101, et seq.
Administrative History: New rules filed February 19, 2025; effective May 20, 2025. Chapter was transferred from 1200-01-20 which was repealed.

Tenn. Comp. R. & Regs. 0400-13-02-.06 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101; and 62-41-101, et seq.
Administrative History: New rules filed February 19, 2025; effective May 20, 2025. Chapter was transferred from 1200-01-20 which was repealed.

Tenn. Comp. R. & Regs. 0400-13-02-.07 ENFORCEMENT

(1) The Commissioner may suspend, refuse to re-accredit, or revoke the accreditation for any accredited individual, firm, or training provider, or may refuse to issue any accreditation for which any person has applied for accreditation, for any violation of this chapter, as well as for the following reasons:

(a) Engaging or offering to engage in any asbestos activity in Tennessee requiring accreditation as a training provider or firm without being accredited, or engaging in or offering to engage in any discipline as an individual without being accredited in that discipline;

(b) For a training provider, misrepresenting the contents of an asbestos initial or refresher training course or training hour requirements;

(d) For a training provider, failing to comply with the training course requirements of Rule

0400-15 Division of Remediation

Chapter 0400-15-01 Hazardous Substance Remedial Action (Renumbered from 1200-01-13)

Tenn. Comp. R. & Regs. 0400-15-01-.01 INACTIVE HAZARDOUS SUBSTANCE SITE REMEDIAL ACTION PROGRAM:

GENERAL.

(1) Purpose The purpose of these rules is to set standards for regulating inactive hazardous substance sites located in the State of Tennessee. These rules are issued by the Solid Waste Board under the Authority of Part 2 of the “Hazardous Waste Management Act” (T.C.A. §§ 68-212- 201, et seq.). The rules shall apply to sites that are inactive and pose or may reasonably be anticipated to pose a danger to public health, safety, or the environment as a result of the presence of a hazardous substance(s).

(a) These rules address the following items:

Establishment of criteria, guidelines, limitations, and methodology for the effective investigation and remediation of hazardous substance sites.
Establishment of a system and schedule for the collection of fees.
Guidelines and methodology for the recovery of monies expended as a result of activities performed by the Department on inactive hazardous substance sites.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-15-01-.02 DEFINITIONS

(1) Unless otherwise defined in this rule, the definitions found in paragraph (2) of Rule 0400-12- 01-.01, “Hazardous Waste Management System: General”, shall apply when those terms are used in this chapter. In addition, when used in this chapter, the following terms have the meanings given below:

(a) “Act’’ means the Tennessee Hazardous Waste Management Act of 1983 (T.C.A. Title 68, Chapter 212, Part 2; enacted as Chapter 423 of the Public Acts of 1983).

(b) “Acute Hazardous Waste” means those wastes defined in subpart (2)(b)1(ii) of Rule

Tenn. Comp. R. & Regs. 0400-15-01-.03 REMEDIAL ACTION FUND

(1) Fees (a) General 1. Purpose The purpose of this rule is to establish a system and schedule whereby certain fees are collected by the State for deposit in the Hazardous Waste Remedial Action Fund.

Applicability This rule applies to the persons and facilities specified in subpart (i) through (vi) of this part. For purposes of this paragraph “Generator” as defined in T.C.A. § 68-212-203 means any person, by site, whose act or process produces hazardous waste waters or hazardous wastes identified or listed in Rule 0400- 12-01-.02 or whose act first causes a hazardous waste or hazardous waste waters to become subject to regulation, and “generation” means the act or process of producing hazardous wastes and/or hazardous waste waters.

(i) Persons who have generated hazardous waste in quantities of 1200 kg or more during the prior calendar year.

(ii) Persons who are issued a hazardous waste transporter permit under the “Tennessee Hazardous Waste Management Act”, T.C.A. §§ 68-212-101, et seq.

(iii) Persons who have shipped 1200 kg or more of hazardous waste off-sit e for treatment or disposal.

(iv) Out-of-state generators who treat or dispose of hazardous waste in Tennessee at a commercial facility. Such persons shall be subject to the off-site shipping fees as described in part (c)3 of this paragraph.

(v) Persons who ship hazardous wastewaters off-site for treatment or disposal.

(vi) Commercial facilities that receive wastes from out-of-state for treatment or disposal are responsible for collection of certain fees described in part (c)3 of this paragraph.

Payment of Fees Any person assessed a fee under this rule must submit the fee in the specified amount to the State of Tennessee. The Department may, by notice to such persons prior to the date due, further specify the manner of payment. Checks are to be made payable to the State of Tennessee.

(b) Generation Fee - Amount and Manner of Assessment Generators subject to this rule shall pay a fee based on the total amount of hazardous waste generated in the previous calendar year calculated on an as-generated (wet weight) basis in accordance with the following:

Amount of Hazardous Waste Fee ($)

Generated in 2010 and each year thereafter less than 2,645 lbs (less than 1,200 kg) $0 2,645 – 7,334 lbs (1,200 – 3,326 kg) $865 7,335 – 237,418 lbs (3,327 – 107,692 kg) $0.117935 per lb ($.26 per kg) 237,419 lbs or more (107,693 kg or more) $28,500 (c) Off-Site Shipment Fee 1. Hazardous Waste Any generator of twelve hundred (1200) kg or greater per year who shipped hazardous waste (excluding hazardous wastewater) off-site for treatment or disposal during the calendar year is hereby assessed an off-site shipping fee in accordance with the following:

Amount of Hazardous Waste Fee ($)

Shipped in 2010 and each year thereafter $.0209437 per kg ($19.00 per ton)

For purposes of assessing this fee, any hazardous waste, excluding hazardous wastewater, which was shipped off-site, shall be considered to have been shipped off-site for treatment or disposal.

Hazardous Wastewater Any generator of twelve hundred (1200) kg or greater per year who shipped “hazardous wastewater”, per T.C.A. § 68-212-203, off-site for treatment and disposal during the calendar year shall pay an off-site shipping fee in accordance with the following:

Amount of Hazardous Fee ($)

Wastewater Shipped in 2010 and each year thereafter $.01047185 per kg ($9.50 per ton)

Out-of-state generators who treat or dispose of hazardous wastes at any commercial facility located in Tennessee shall be subject to the off-site shipping fees levied by parts 1 and 2 of this subparagraph.

(i) The commercial facility to which the waste is shipped for treatment or disposal shall be responsible for collecting the off-site shipping fee and remitting it to the State by June 15th of each year.

(ii) For the purposes of compensating the commercial facility in accounting for and remitting this fee, the commercial facility shall be allowed a deduction of two percent (2%) of the total amount due the State. No deduction shall be allowed if any portion of the payment is delinquent.

(iii) Commercial facilities shall collect off-site shipping fees from out-of-state generators beginning July 1, 1994.

(iv) Any out-of-state generator desiring to claim that they generated less than 1200 kg of hazardous wastes per year and that they are therefore excluded from payment of this fee or to claim that they have previously paid the maximum fee in accordance with part 4 of this subparagraph, shall so certify to all receiving Tennessee facilities.

The maximum annual off-sit e shipping fee levied by parts 1, 2, and 3 of this subparagraph due from any single generator shall be sixty-five thousand dollars ($65,000) for waste shipped in 2011, and each year thereafter.

(d) Excluded Waste 1. For purposes of determining the amount of waste generated under subparagraph (b) of this paragraph and the amount of waste shipped off-site for treatment and/or disposal under subparagraph (c) of this paragraph, the wastes listed below shall be excluded.

(i) Waste which is exempted from regulation under subparagraph (1)(a) of

Rule 0400-12-01-.02, subparts (1)(d)2(xiii), (xiv), (xv), and (xvi) of Rule

Tenn. Comp. R. & Regs. 0400-15-01-.04 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-15-01-.05 IMMINENT, SUBSTANTIAL DANGER

(1) Purpose The purpose of this rule is to establish criteria to be used in determining when inactive hazardous substance sites constitute an imminent, substantial danger. This rule also establishes procedures to be followed when such a determination has been made.

(2) Definition “Inactive hazardous substance sites that constitute an imminent, substantial danger” is an inactive hazardous substance site where there is a threat of danger to the public health, safety, or environment which is both real and presently existing. Such situations may include, but are not limited to one or more of the following: an immediate action is necessary to minimize an ongoing threat to the public health or pollution of the environment, an inactive hazardous substance site where there is an active release, where direct access to the hazardous substance is not controlled, or where incompatible hazardous substances are found in close proximity.

(3) Procedure (a) When the Commissioner determines that an inactive hazardous substance site constitutes an imminent, substantial danger to the public health, safety, or environment, he may immediately undertake such actions as are necessary to abate the imminent and substantial danger.

(b) Actions taken by the Commissioner to abate an imminent and substantial danger may be taken whether or not the site is listed in Rule 0400-15-01-.13 and whether or not a Commissioner’s Order has been issued.

(c) As soon as practicable after an imminent and substantial danger has been abated, the Commissioner shall formalize his or her finding that the site constituted an imminent and substantial danger in a memorandum which sets forth, in a short and plain statement, the conditions which lead to his finding.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-15-01-.06 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-15-01-.07 SITE PROMULGATION PROCESS

(1) Purpose The purpose of this rule is to define the process for adding sites to and deleting sites from the List of Inactive Hazardous Substance Sites found in Rule 0400-15-01-.13.

(2) Criteria for Adding Sites to the List of Inactive Hazardous Substance Sites In order for a site to be eligible for listing, the site shall:

(a) Be inactive;

(b) Have the presence of hazardous substances; and (c) Pose or may reasonably be anticipated to pose a threat to public health, safety, or the environment.

(3) Criteria for Deleting Sites from the List of Inactive Hazardous Substance Sites In order for a promulgated site to be removed from the List, the following shall have occurred:

(a) The hazardous substances which posed or may have posed a threat to human health or the environment have to the satisfaction of the Commissioner been removed/stabilized or determined to no longer pose a threat;

(b) All relevant site characteristics, including, but not limited to, migration pathways, have been evaluated and either no longer pose a threat to human health or the environment, or have been remediated or any such threat is being controlled by other means, such as institutional controls, to the satisfaction of the Commissioner;

(c) The site will require no long term monitoring and maintenance activities, or financial assurance for the costs of these activities has been established in a form, amount, and manner acceptable to the Commissioner;

(d) All monitoring wells, etc., that serve as potential sources or routes for future contamination have been properly abandoned, protected, or otherwise accounted for; and (e) All state cost recovery issues have been resolved to the satisfaction of the Commissioner.

(4) Frequency of Amendment of the List Whenever necessary to protect the public health, safety or environment, but at least annually, the Commissioner shall propose and the Board shall promulgate any necessary revisions to the List of Inactive Hazardous Substance Sites.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-12-01-.02 , part (1)(d)3 of Rule 0400-12-01-.02, subpart (1)(a)4(ii) of

Rule 0400-12-01-.04, and wastes delisted in accordance with 40 C.F.R. 260.22.

(ii) Waste which was discharged directly to any publicly owned treatment works (POTW), or any wastewater treatment plant permitted pursuant to

Section 402 of the Federal Clean Water Act as amended (Public Law 92- 500) or the Tennessee Water Quality Control Act, T.C.A. §§ 69-3-101, et seq., (this includes permitted on-site wastewater treatment plants that discharge into the sewer system of a publicly owned treatment works).

Wastes that generators transport off-site to a commercial facility which discharges to a publicly owned treatment works or a publicly owned wastewater treatment plant are not excluded from the amount of waste generated.

(iii) Sludge from any publicly owned treatment works located in the state.

(iv) Bottom boiler ash and flyash from incinerators which process solely municipal waste.

(v) Hazardous waste or hazardous waste sludges produced as a result of onsite treatment of hazardous waste if the waste being treated is subject to fees under this rule. If the waste being treated is excluded from fees under this rule, the sludge resulting from the treatment of said waste is not excluded from these fees.

(vi) Wastes which have been recycled on-site or transported off-site to be recycled, as the term “recycled” is defined in part (1)(a)3 of Rule 0400-12- 01-.02.

(vii) Hazardous wastes resulting from a spill (e.g. by a transporter in transit) of a hazardous waste or other material which, when spilled, becomes a hazardous waste.

(viii) Hazardous wastes generated from remediation or corrective actions required by the Tennessee Hazardous Waste management Act of 1977 and 1983; the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901, et seq.); and the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601, et seq.).

(ix) Hazardous wastes resulting from the removal and associated clean-up of an underground storage tank that previously contained a hazardous waste or other material which, when discarded, leaked or spilled, becomes a hazardous waste.

A person whose waste generation is excluded or reduced pursuant to part 1 of this subparagraph shall meet the generator annual reporting requirements of subparagraph (5)(b) of Rule 0400-12-01-.03.

(e) Hazardous Waste Transporter Fee Each person issued a hazardous waste transporter permit pursuant to the Tennessee Hazardous Waste Management Act, T.C.A. §§ 68-212-101, et seq., is hereby assessed a fee of six hundred and fifty dollars ($650).

(f) Due Date of Fees, Reporting Requirements 1. All remedial action fees from in-state generators shall be paid to the Department on or before June 15th of each year.

Commercial facilities collecting off-site shipping fees from out-of-state generators shall pay such fees to the Department on or before June 15th of each year.
Transporters issued a transporter permit for any year prior to 1995 shall pay the assessed fee on or before the October 15th that immediately follows the issuance of the permit, if the fee was not paid upon issuance.
Hazardous waste transporters renewing permits shall pay the fee assessed by subparagraph (e) of this paragraph at the time the permit is issued.
If any part of any fee imposed pursuant to T.C.A. §§ 68-212-201, et seq. is not paid on or before the due date, the person or persons failing to pay such fee shall be subject to the following:

(i) The assessment of interest in an amount equal to that allowed in T.C.A. § 47-14-103(3); and/or (ii) A civil penalty not to exceed ten thousand dollars ($10,000) for each day of violation or an amount equal to 5 percent (5%) per month of any unpaid balance, whichever is less.

The Remedial Action Fee Report and supporting documentation consisting of copies of the Hazardous Waste Stream Reports and Off-Site Shipping Reports must be submitted to the department by generators of hazardous waste and hazardous waste waters by March 1st of each year.

(i) Supporting documentation must be returned by all persons that generated and/or shipped 1200 kg or more of hazardous waste or hazardous wastewaters in the prior calendar year.

(ii) Any person generating and/or shipping 1200 kg or more of hazardous waste or hazardous wastewaters who fails to submit the Remedial Action Fee Report and supporting documentation by April 1st of each year shall be subject to the assessment of a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) per day.

(2) Cost Recovery (a) T.C.A. § 68-212-207 provides for the recovery of costs incurred as a result of investigation, identification, containment and cleanup, including monitoring and maintenance, of a hazardous substance site from an identified liable party or parties.

(b) Liable parties, shall be responsible for their apportioned share of costs incurred by the State of Tennessee as a result of a response. Where costs are incurred by the State on any site, a liable party is subject to an action by the State for the recovery of direct, indirect and actual administrative/overhead expenses. Indirect and overhead charges shall be calculated and assessed on outstanding balances at the time of issuance for each billing. Monies received as payment on the part of a liable party shall be credited towards said party’s share of the costs.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-15-01-.08 . Unless otherwise determined by the Department, the following shall apply:

(a) After a responsible party has treated ground water for an extended period of time and the concentration of the hazardous substances in the ground water has reached asymptotic levels for contaminant removal, then the party responsible may petition the Department to discontinue pump and treat of ground water. Granting a petition to discontinue pump and treat does not abrogate any responsible party’s liability or responsibility due to release or discharge of hazardous substance. The petition must include, at a minimum, the following:

A statement signed and sealed by a Professional Engineer licensed in Tennessee that the system was designed, constructed, and operated to recover the maximum quantity of hazardous substance contamination from the plume and to minimize the risk to human health, safety, and the environment posed by the hazardous substance. This certification shall further state what, if anything, can be done to further reduce the concentration of hazardous substance in ground water.
Documentation of the type of treatment used at the site, including, but not limited to, as built diagrams of sufficient detail to demonstrate that the recovery system was properly designed, engineered, and constructed, and a description of the length of treatment and the maintenance schedule.
The existing hydrogeologic characteristics of the site and the surrounding land.
The physical and chemical characteristics of the hazardous substances, including their toxicity, persistence, and potential for migration.
Site specific analysis of the source area(s) which determines whether or not the ground water is continuing to be contaminated by leachate from the sources.

This analysis must also include specifics about the extent and volume of remaining sources and an evaluation of the costs, technologies and affects of possible source reduction.

Identification of all human and sensitive environmental receptors and potential receptors which are impacted by the contaminated ground water or have a potential to be impacted in the event the pump and treat is discontinued.
Documentation of the vertical and areal extent of contaminated ground water, sampling locations, sampling dates, results of analytical sampling, well elevations, and water level data.
Description of the proposed alternate option for remediation and the monitoring activities.
Detail contingency plans describing actions the liable party will take in the event receptors are contaminated by the hazardous substances.
Other information requested by the Department.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-12-01-.06 ; or (VI) Concentration Limits identified for the facility in a facility permit issued under Rule 0400-12-01-.07 requiring compliance with subparagraphs (6)(c) through (f) of Rule 0400-12-01-.06.

(ii) Ground water not used or classified as drinking water, domestic, or residential water supply:

(I) Water quality criteria for ground water as promulgated by the Water Quality Control Board; or (II) Concentration Limits identified for the facility in a facility permit issued under Rule 0400-12-01-.07 requiring compliance with subparagraphs (6)(c) through (f) of Rule 0400-12-01-.06.

(iii) Ground water which recharges surface water:

(I) Water quality criteria for ground water as promulgated by the Water Quality Control Board; or (II) Concentration limits identified for the facility in a facility permit issued under Rule 0400-12-01-.07 requiring compliance with subparagraphs (6)(c) through (f) of Rule 0400-12-01-.06.

For soil exemption criteria and preliminary remediation goals evaluate the following:

Reserved.

Sediment Reserved.
Air - For air evaluate the following:

(i) Fugitive dust control as required under the “Tennessee Air Pollution Control Act” (TAPCA) and regulations.

(ii) Visible standards as required under the TAPCA and regulations.

(iii) Volatile organic compound emission standards required under the TAPCA and regulations.

Surface Water - For surface water evaluate the following:

(i) Water quality criteria and highest beneficial use of receiving stream determined by the Water Quality Control Board. The contaminant or sediment load which a stream can carry as determined by the Division of Water Pollution Control. Likewise, for a specific site, the Division of Water Pollution Control may determine surface water runoff or effluent concentration standards or limits. Standards or limits established by the Division of Water Pollution Control shall be considered as ARARs.

(ii) Water quality criteria based on the protection of aquatic organisms (acute and chronic criteria) and human health published pursuant to section 304(a) of the Federal Water Pollution Control Act.

(iii) If the surface water is classified for drinking water, the following shall also be evaluated as ARARs:

(I) Maximum Contaminant Levels (MCL’s) and action levels established under the Federal Safe Drinking Water Act in 40 C.F.R. § 141, as amended. (See Table 8-1), (II) When MCL’s are not available, Secondary Maximum Contaminant Levels (SMCL’s) established under the Federal Safe Drinking Water Act in 40 C.F.R. § 141 as amended. (See Table 8-1), (III) When MCL’s and SMCL’s are not available, guidance such as concentrations meeting criteria for action levels under proposed 40 C.F.R. § 264 Subpart S (Federal Register July 27, 1990) may be used.

(b) Location specific requirements Location specific requirements set restrictions on activities within specific locations such as flood plains or wetlands.

(c) Action specific requirements Action specific requirements set restrictions for particular treatment and disposal activities.

(4) Background Concentrations Responsible parties shall establish background concentrations of the contaminants at the site. Background contaminant levels for the media of concern must be determined in a similar area, in close proximity, and, to the extent possible, in an area unaffected by a site or contamination. This background may be a natural background in relatively non-industrialized or non-commercial areas or control background in industrialized or commercial areas where natural background concentrations are not attainable due to long term industrial or commercial activities. Where background concentrations protect public health, safety, and the environment, remediation goals will not be established by the Department less than the corresponding natural background or control background levels. If the Department has reason to suspect background concentrations do not protect public health, safety, and the environment, the Department may require the liable party to assess the risk posed by background concentrations of the hazardous substance.

(a) Natural background levels shall be determined by one of the following methods or other methods approved by the Department:

Utilization of publicly available historical data where the contaminant of concern is at naturally occurring levels and quality assurance/quality control documentation is available which demonstrates sample reliability;
Establishment of the geometric mean of site background through sampling and analytical analysis; or 3. The medium-specific practical quantitation limit, if a background concentration is not quantifiable.

(b) Control background shall be determined by one of the following methods or other methods approved by the Department:

Establishment of the geometric mean of site background through sampling and analytical analysis; or 2. The medium-specific practical quantitation limit, if a background concentration is not quantifiable.

(5) Risk Assessment Responsible parties shall propose for Departmental evaluation remediation goals based on human health and environmental risk assessment included in the feasibility study required in paragraph (3) of Rule 0400-15-01-.09.

The Human Health and Environmental Risk Assessment Method is a qualitative and quantitative process to characterize the nature and magnitude of risks to public health, safety, and the environment from exposure to hazardous substances, pollutants, or contaminants released from specific sites. This process may also characterize risks to the environment when the weight of evidence indicates that effects other than toxicity are significant.

(a) Human Health Risk Assessment Method 1. The Human Health Risk Assessment shall include detailed site specific analyses and logical summary of the following unless otherwise approved by the Department:

(i) Site History (ii) Data collection (iii) Data evaluation and identification of chemicals of potential concern (iv) Exposure assessment (v) Toxicity assessment (vi) Risk characterization and uncertainty analyses (vii) Calculation of remediation goals for each chemical of concern based on the risk assessment and include in the summary all assumptions used in the calculations.

Guidance documents in conducting Human Health Risk Assessments include, but may not be limited to the following:

(i) Risk Assessment Guidance for Superfund: Volume 1 Human Health Evaluation Manual (Part A) Interim Final, December 1989; and (ii) Risk Assessment Guidance for Superfund: Volume 1 Human Health Evaluation Manual (Part B, Development of Risk-based Preliminary Remediation Goals) OSWER Directive 9285.7-01B, Interim, December 1991.

Quantitative techniques of distributional analysis such as Monte Carlo simulations may be utilized in the risk assessment method provided that the reliability of the model and predictions are documented to the satisfaction of the Department. All risk assessments utilizing quantitative techniques shall include uncertainty analyses including, but not limited to the following:

(i) Parameter uncertainty analysis—Define and provide the rationale for the distribution of all input parameters and the degree of dependence (i.e., covariance) among parameters.

(ii) Identify and describe all assumptions and incomplete information which have not been taken into account in the quantitative uncertainty analysis.

(b) Environmental Risk Assessment Method 1. Fish and aquatic life (i) Identify rare species, proposed and listed endangered or threatened species, and critical habitats which have been identified within a one mile radius of the site perimeter. This requirement is met by including rare species, proposed or listed endangered or threatened species, and critical habitats identified by the Tennessee Wildlife Resource Agency (TWRA), the Department’s Division of Ecological Services, and the U.S. Department of Interior Fish and Wildlife Service. Determine if the area possibly impacted by the site contains critical habitats or habitats common to any rare species, or proposed or listed endangered or threatened species.

(ii) Where there is a release to surface water, evaluate the impact of the site on fish and aquatic life using methods or procedures such as benthic organism studies, toxicity testing, assessing tissue concentrations of chemicals with log of the octanol/water partition coefficient values greater than 3.5, or other methods or procedures approved by the Department to evaluate the impact on fish and aquatic life. Organize the information into a logical form and present both a detailed analysis and a summary of the results, assumptions, uncertainty, incomplete information, and impact.

Terrestrial Ecological Assessment (i) Identify rare species, proposed or listed endangered or threatened species and critical habitats which have been identified within a one mile radius of the site perimeter. This requirement is met by including all rare species, proposed or listed endangered or threatened species, and critical habitats identified by the Tennessee Wildlife Resources Agency (TWRA), the Department’s Division of Ecological Services, and the U.S. Department of Interior Fish and Wildlife Service.

(ii) Determine if the area possibly impacted by the site contains rare species, proposed or listed endangered or threatened species, or critical habitats.

(iii) Further assessment may be required by the Department if the Department suspects unacceptable impact or risks to critical habitats, proposed or listed endangered or threatened species habitats, or indicator species within the food web. Further assessment may also be required if contamination originating at the site impacts or potentially impacts public lands including, but not limited to, national parks, national forests, state parks, and state designated wildlife areas. Methods may include, but are not limited to, soil toxicity testing, ecological effects assessments, or determination of bioaccumulation of chemicals in site biota.

(6) Combination Approach Remediation goals may be established by using a combination of approaches in paragraphs (3) through (5) [e.g., using MCL’s for the ground water remediation goal and utilizing the human health and environmental risk assessment approach or the background approach to determine soil remediation goals.]

(7) Department Approval Approval from the Department must be received before site specific standards or site specific remediation goals become effective.

(8) Points of Compliance The remediation goal must be met at the appropriate points of compliance at the site as established by the Department after affording a liable party the opportunity to provide input and after undergoing a public participation process (e.g., Public Notice). The location of the points of compliance shall be based on factors including but not limited to the nature of the site and surrounding area, site access, and potential or actual points of exposure. The point of compliance for ground water monitoring at former waste management areas shall generally be a vertical surface located at the hydraulically downgradient limit of the former waste management area that extends down into the upper aquifer underlying the site. Certain site conditions will affect the point of compliance for ground water monitoring. This will vary if the site is located in karst terrain, the water table is located at or below the top of bedrock in an area where the contaminants may be migrating in fracture zones or other conduit flow, or dense nonaqueous phase liquids (DNAPL’s) are present. In the valley and ridge province migration along geologic strike must be considered in the determination of what is considered hydraulically downgradient. Soils are normally sampled at locations selected because of site

history, or actual or potential human exposure, or environmental receptors. Generally, points of compliance for soil shall include all areas which contain contaminants in excess of remediation goals.

Points of compliance different from those required by the Department can be established by a liable party, pending approval by the Department, after undergoing a public participation process.

(9) Containment The Department recognizes that selected remedial actions may involve containment of hazardous substances. Any hazardous substance left on-site must be contained within a specified area and be protective of human health and the environment. A compliance monitoring program must be designed to insure the long-term integrity of the containment system. Unless otherwise approved by the Department, a ground water monitoring program approved by the Department shall be required for all areas where containment is a remedial action.

(10) Institutional Controls Unless otherwise approved or determined by the Department, the following shall apply:

(a) Institutional controls shall be required whenever a remedial action does not address concentrations of hazardous substances which pose or may pose an unreasonable threat to the public health, safety, or the environment.

(b) Institutional controls shall be required for all areas where containment is a remedial action or the Department authorizes the discontinuance of pump and treat of ground water prior to attaining remediation goals.

(c) Institutional controls shall include, at a minimum, deed restrictions for sale and use of property, and securing the area to prevent human contact with hazardous substances which pose or may pose a threat to human health or safety.

(d) If an institutional control is required at a hazardous substance site as part of the clean up, remedy, or reclamation under TCA §§ 68-212-201, et seq. or these rules, then the current owner shall notify other liable parties and the Department of any change in use or proposed change in use. Said notification requirement shall be included in the deed notification.

(11) CERCLA Liability Establishment of remediation goals under these rules and subsequent remediation to those goals may not relieve a liable party from liability under CERCLA including, but not limited to, liability under CERCLA § 107(a)(4)(c) concerning damages for injury to, destruction of, or loss of natural resources.

Table 8-1 Preliminary Remediation Goals Chemical/Compound* Goal Chemical/Compound* Goal 2,3,7,8-TCDD (dioxin) 3E-8 Dichloroethylene (1,1-) 0.007 2,4 D 0.07 Dichloroethylene (cis-1,2-) 0.07 2,4,5-TP 0.05 Dichloroethylene (trans-1,2-) 0.1 Alachlor 0.002 Dichloropropane (1,2-) 0.005 ....... Ethylbenzene ....... Ethylene dibromide (EDB) 0.00005 ....... Fluoride 4.0 Aluminum 0.2** Heptachlor 0.0004 Antimony 0.006 Heptachlor epoxide Arsenic 0.05 Iron 0.3 Asbestos 7 million fibers/liter Lead 0.015*** Atrazine 0.003 Lindane 0.0002 Barium 2.0 Manganese 0.05** Benzene 0.005 Mercury 0.002 Beryllium 0.004 Methoxychlor 0.04 Bromodichloromethane (THM) 0.1 Monochlorobenzene 0.1 Bromoform (THM) 0.1 Nickel 0.1 Cadmium 0.005 Nitrate 10.0 Carbofuran 0.04 Nitrate and Nitrite (total) 10.0 Carbon tetrachloride 0.005 Nitrite 1.0 Chlordane 0.002 Pentachlorophenol 0.001 Chlorodibromomethane (THM) 0.1 Polychlorinated biphenyls (PCB’s) 0.0005 Chloroform (THM) 0.1 Selenium 0.05 Chromium 0.1 Silver 0.1** Copper 1.3** Styrene 0.1 Cyanide 0.2 Tetrachloroethylene 0.005 Di(2-ethylhexyl)phthalate 0.006 Thallium 0.002 Dichloromethane 0.005 Toluene 1.0 1,2,4-Trichlorobenzene 0.07 Toxaphene 0.003 1,1,2-Trichloroethane 0.005 Trichloroethane (1,1,1-) 0.2 Dalapon 0.2 Trichloroethylene 0.005 Dinoseb 0.007 Trihalomethanes (total) 0.1 Diquat 0.02 Vinyl chloride 0.002 Endothall 0.1 Xylenes (total) 10.0 Endrin 0.002 Zinc 5.0** Glyphosate 0.7 Hexachlorobenzene 0.001 Hexachlorocyclopentadiene 0.05 * All levels in parts per million and are MCL’s unless otherwise noted. ** These are SMCL’s. *** Lead is an action level rather than a MCL.

Oxamyl (vydate) 0.2 Picloram 0.5 Simazine 0.004 Benzo(a) pyrene 0.0002 Di(2-ethylhexyl)adipate 0.4 Dibromochloropropane (DBCP) 0.0002 Dichlorobenzene o-,m- 0.6 Dichlorobenzene p- 0.075 Dichloroethane (1,2-) 0.005

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-15-01-.09 REMEDIAL INVESTIGATION AND FEASIBILITY STUDY

(1) Purpose and Scope The purpose of a remedial investigation and feasibility study (RI/FS) is to investigate, collect, develop and evaluate the required information regarding a site to support the selection of a remedy that protects human health, public welfare and the environment. The scope of the RI/FS is site specific and will depend on the amount and quality of available information. As new information becomes available, the scope may be reevaluated and, if appropriate, modified. Remedial Investigations and Feasibility Studies conducted pursuant to the requirements of CERCLA at 40 § C.F.R. 300 will be deemed to meet the requirements of this

rule.

(2) Remedial Investigation (a) Initial Investigation Initial planning of the RI process is required. Many of the initial planning steps are continued and refined in later phases of the RI. The plans in this rule shall be submitted to the Department by the responsible parties for review and approval prior to the implementation of the Site Characterization.

All pertinent data for the site shall be collected and analyzed. At a minimum, the following shall be included, or as otherwise determined by the Department.

(i) A site description including location, size, ownership, topography, geology, hydrogeology, ecology and other pertinent details. Deed descriptions and tax assessment property maps shall also be included for all parcels potentially contaminated by the site.

(ii) A site history, chronologically arranged, including site visits, investigations, disposal practices, sampling events, legal actions, regulatory violations, changes in ownership and previous clean-up actions.

(iii) All known and suspected sources of hazardous substances, potential routes of migration, and potential human and environmental concerns shall be identified.

Preliminary Remediation Goals An initial survey shall be performed by the responsible parties of all Background contaminant levels and Applicable or Relevant and Appropriate Requirements (ARAR’s) for the media of concern. ARAR requirements and Background requirements are detailed in paragraphs (3) and (4) of Rule 0400-15-01-.08 respectively.
RI Workplan The workplan is a written document that summarizes the decisions and evaluations made during the data gathering phase and presents proposed activities, assigned responsibilities, project’s schedule, and cost. The RI workplan shall be implemented by the responsible parties as approved by the Department unless the Department approves modification of the plan. The workplan shall contain but not be limited to the following, or as determined by the Department:

(i) Introduction A general explanation of the reasons for the RI and the expected results and goals of the RI process.

(ii) Physical setting The current understanding of the physical setting of the site, the site

history, and the existing information of the condition of the site shall be described.

(iii) Initial evaluation The information developed is presented, describing the potential migration and exposure pathways, and assessment of human health and environmental impacts.

(iv) Workplan rationale Data requirements for the risk assessment, alternatives identified, and the workplan approach is presented to illustrate how the activities will satisfy data needs.

(v) RI tasks The tasks to be performed during the RI are to be described. This description shall incorporate the RI site characterization tasks and the data evaluation methods to be used.

Health and Safety Plan Before performing site activities a health and safety plan which complies with OSHA requirements shall be prepared and submitted by the responsible party(ies).
Sampling and Analysis Plan A sampling and analysis plan shall be prepared by the responsible party for sampling activities which are part of the investigation and remedial action. The level of detail required in the sampling and analysis plan may vary with the scope and purpose of the sampling activity. The Sampling and Analysis plan shall be implemented as approved by the Department, unless the Department approves modification of the plan. The sampling and analysis plan shall specify procedures which ensure that sample collection, handling, and analysis will result in data of sufficient quality to plan and evaluate remedial actions at the site. References to standard protocols or procedures manuals may be used provided that the information referenced is readily available to the Department. The sampling and analysis plan shall contain but not be limited to the following, or as otherwise determined by the Department:

(i) A statement on the purpose and objectives of the data collection, including quality assurance and quality control requirements.

(ii) Procedures and responsibilities for the sampling and analysis activities.

(iii) Identification and justification of the location and frequency of sampling.

(iv) Identification and justification of the parameters to be analyzed.

(v) Procedures for installation of the sampling devices.

(vi) Procedures for sample collection and handling, including procedures for personnel and equipment decontamination.

(vii) Procedures, protective of human health and the environment, for the management of wastes generated by sampling activities, including installation of monitoring devices.

(viii) Description and number of quality assurance and quality control samples, including blanks and spikes.

(ix) Protocols for sampling, labeling and chain of custody.

(x) Provisions for splitting samples, where appropriate.

(xi) Reporting of detection or quantification limits.

(xii) Analytical techniques and procedures.

(xiii) Quality assurance and quality control procedures.

(xiv) Data reporting procedures, and where appropriate, validation procedures.

(xv) Other items specified by the project manager.

(xvi) Design specifications of monitoring well construction if monitoring wells are to be constructed.

(b) Site Characterization A site characterization is an investigation conducted by the responsible party that identifies and documents the extent of contamination. Based on the findings of the Initial Investigation, the site characterization investigations shall focus on potentially contaminated media, potential routes of migration, and potential human health and environmental concerns. Such investigations will include as appropriate, the following:

Surface Water and Sediments Investigate the surface water and sediments to characterize significant hydrologic features such as surface drainage patterns and quantities; areas of erosion and sediment deposition; floodplains; and actual or potential hazardous substances migration routes toward and within these features. Sufficient surface water and sediment sampling shall be performed to adequately characterize the areal and vertical extent and concentrations of hazardous substances. Properties of surface and subsurface sediments which are likely to influence the type and rate of migration shall be identified.
Soils and Bedrock Investigate the areal and vertical distribution and concentration of hazardous substances in the soil. Identify properties of surface and subsurface soils which are likely to influence the type and rate of hazardous substance migration.

Determine if the site is underlain by bedrock and if so, determine the type of bedrock underlaying the area of contamination. Evaluate the potential for hazardous substance migration at the soil-bedrock contact and below the top of bedrock along bedding planes, joints, faults and solutionally enlarged features.

Groundwater System Investigate site geology and concentrations of hazardous substances in the groundwater, the physical and chemical characteristics of the hazardous substance, potential future uses of the ground water, the persistence and permanence of the contaminant. This shall include, but not be limited to, the description, physical properties and distribution of bedrock and unconsolidated materials; groundwater flow rate and gradient for affected and potentially affected aquifers; ground-water divides; areas of groundwater recharge and discharge; location of public and private production wells; and groundwater quality data. In karst terrains, the Department may require additional investigative techniques to determine groundwater flow and the extent of contamination. If site contamination is shown to be limited to the soils, a site specific decision will be made by the Department concerning ground water monitoring.
Air Evaluate air quality impacts, including sampling, and information regarding local and regional climatological characteristics which are likely to affect the hazardous substance migration.
Human Population and Land Use Determine the impact or potential impact of the hazardous substance on the human population and land use, such as sensitive environments, plant and animal species, and number of people in the area.
Nature and Extent of Contamination Define the location, quantity, concentration, and areal and vertical extent of the hazardous substance at the site.

Purpose The purpose of this rule is to describe how certain interim actions can occur prior to completion of a remedial action. An interim action is:

(i) An action that is necessary to reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways of exposure from a hazardous substance; or (ii) An action that corrects a problem that may become substantially worse or cost substantially more to address if the action is delayed; or (iii) An action that is needed to provide for completion of the remedial investigation and feasibility study or design of a cleanup action; or (iv) An action that achieves the remediation goals for a portion of the site; or (v) An action that provides a partial cleanup, and provides information on how to achieve the remediation goals; or (vi) An action that is consistent with the final cleanup action; or (vii) An action that is followed by additional remedial actions unless compliance with the remediation goals has been confirmed at the site.

Public notification Public notice may be required on an interim action as directed by the Department.
Submittal requirements Unless otherwise directed by the Department, a report shall be submitted prior to conducting an interim action. Reports shall be of a scope and detail commensurate with the work to be performed and site-specific characteristics, and shall include, as appropriate:

(i) The necessity for the action.

(ii) A description of the interim action and how it will be accomplished.

(iii) A description of existing site conditions and a summary of all available data related to the interim action.

(iv) A health and safety plan.

(v) A sampling and analysis plan.

(3) Feasibility Study An evaluation of alternative cleanup actions that protect human health and the environment, by reducing or otherwise controlling risks posed through each exposure pathway and migration route, shall be conducted by the responsible party. The number and types of alternatives to be evaluated shall take into account the characteristics and complexity of the site. A phased approach for evaluation of alternatives may be required for certain sites, including an initial screening of alternatives to reduce the number of potential remedies for the final detailed evaluation. The final evaluation of cleanup action alternatives that pass the initial screening shall consider the following factors:

(a) Overall protection of human health and the environment, including the degree to which existing risks are reduced, time required to reduce risks, and on-site and off-site risks resulting from implementing the alternative. The Department will determine the need for remediation based upon a human health and environmental risk assessment. Such an assessment shall include a consideration of the potential for human populations and sensitive ecosystems to be exposed to the hazardous materials of concern.

(b) Attainment of the remediation goals and compliance with applicable state and federal laws.

(c) Short-term effectiveness, including protection of human health and the environment during construction and implementation of the alternative prior to attainment of the remediation goals.

(d) Long-term effectiveness, including degree of certainty that the alternative will be successful, long-term reliability, magnitude of residual risks, and effectiveness of controls required to manage treatment residues of remaining waste.

(e) Permanent reduction of toxicity, mobility and volume through treatment, including adequacy of the alternative in treating and managing the hazardous materials, reduction and elimination of hazardous material releases, sources of releases, degree of irreversibility of waste treatment process, and the characteristics and quantity of treatment residuals generated.

(f) The ability to be implemented including consideration of whether the alternative is technically feasible, availability of needed off-site facilities, services and materials, administrative and regulatory requirements, scheduling, size, complexity, monitoring requirements, access for construction, operations and monitoring, and integration with existing facility operations and other current or potential remedial actions.

(g) Cost, including consideration of present and future direct and indirect capital, operation, maintenance and other foreseeable costs.

(h) The degree to which community concerns are addressed.

(i) The degree to which recycling, residue, and waste minimization are employed.

(4) Reporting Requirements A report consistent with paragraphs (2) and (3) of this rule shall be prepared and submitted to the Department by the responsible party for review and approval at the completion of the RI/FS. Additionally, the Department may require reports to be submitted following discrete elements of the remedial investigation and feasibility study. The report shall systematically summarize all information gathered during the RI/FS phase and shall include all sampling data, tables, graphs, and other information requested by the Department.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-15-01-.10 REMEDIAL DESIGN

(1) Purpose The purpose of the remedial design documents is to present the specific details of the selected remedial alternative based on the feasibility study and supporting documents. The design documents shall be stamped by a registered Professional Engineer licensed in the State of Tennessee. Records of Decision and Remedial Design at sites being investigated and remediated pursuant to CERCLA requirements at 40 C.F.R. § 300 will be deemed to meet the requirements of this rule.

(2) Initial Remedial Design The Initial Remedial Design report is the process design of the selected alternative. The report must demonstrate quantitatively that the selected alternative will perform as intended.

The level of complexity in the report will usually be intermediate between that of a general design in the feasibility study and the detailed design in the final plans and specifications. An Initial Remedial Design report shall be first submitted by the responsible party and approved before the remedial design contractor finalizes the plans and specifications. The following items shall be included in the report:

(a) A summary of the remedial alternative selected during the Feasibility Study and as defined in the Departments Record of Decision.

(b) A list of the objectives of the remedial action. The objectives shall include identifying and quantifying the contaminants to be remediated, and the concentration before and after the remedial action.

(d) Site topographic map and preliminary layouts.

(e) Sizes of the treatment units that are specified on the basis of appropriate design calculations.

(f) All the discharges or emissions expected as a result of the remedial action; the ARAR’s and the types of treatment necessary to meet those requirements; and mass balance calculations for the major units.

(g) Cost estimates and a schedule of implementation.

(h) Additional studies required for on-site treatment or disposal of contaminated waste.

These studies could include field work, bench test, and pilot scale studies.

(3) Final Remedial Design The final Design shall include specific and detailed steps that describe how the project will be constructed and/or remediated. The final Design shall be prepared by the responsible party and shall include:

(a) Quality assurance and quality control measures for sampling or monitoring activities.

The plan shall include a precise description of the project and scope of work.

(b) Treatment unit specifications.

Complete detailed plans and specifications including size, capacity, treatment efficiency, and other design considerations that apply to the specific site.

Treatment and removal processes detailing waste to be removed or treated; transportation required; disposal location; and other supporting data.

(d) Schedule of implementation.

A schedule that details significant milestones for the entire project.

(e) Remediation Goals.

A listing of cleanup standards as required in the ROD.

(f) Equipment start-up and operator training procedures.

Requirements for providing service visits by experienced personnel; adjustments; startup and operation of the treatment systems; and appropriate operational procedures training.

(g) Disposal, transportation and other permit requirements.

(h) Estimated cost.

An estimate and estimate summary sheet that details all associated cost of the project.

(i) Public awareness process and schedule.

A summary of the public awareness schedule that describes the method and frequency of notifying the public of the remedial action.

(j) Health and Safety Plan.

Before performing site activities a health and safety plan which complies with OSHA requirements shall be prepared and submitted by the responsible party(ies).

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-15-01-.11 REMEDIAL ACTION

(1) Purpose The purpose of the remedial action is to initiate a cleanup that will meet the objectives and standards of the chosen alternative as developed in the feasibility study and detailed in the remedial design. The remedial action will be implemented by the remedial contractor according to the approved remedial design documents. Remedial Actions conducted pursuant to the requirements of CERCLA at 40 C.F.R. § 300 will be deemed to meet the requirements of this rule.

(2) Monitoring and Reporting Requirements Records and reports shall be generated and submitted by the responsible party according to a schedule and format approved by the Department. These records and reports shall include, as appropriate:

(a) Progress report of the remedial action.

(b) Compliance with the approved schedule of events.

(d) Waste disposal records.

(e) Community relations activities.

(f) Change orders.

(g) Cost to date.

(h) Problems or potential problems encountered.

(i) Anticipated activities and schedule for the next reporting period.

(j) Water quality and discharge records.

(k) Other information as required by the Department.

(3) Confirmation Sampling Analytical sampling shall be performed by the responsible party to document the results of the remedial action. The sampling shall be in accordance with the remedial design and shall include the contaminants found during the remedial investigation. A report shall be generated that shows a comparison of the required standards and the final cleanup results. The Department shall be notified of the sampling activity prior to the sampling event.

(4) Final Inspection At the completion of the remedial action, a final inspection shall be made. This inspection will consist of a walk-through of the entire site by the Department, the responsible party, and the prime contractor. Any outstanding construction items and actions required to resolve these items will be noted. A completion date for these items will be prepared and submitted to the Department for approval.

(5) Remedial Action Report Upon satisfactory completion of the final inspection, a remedial action report shall be prepared by the responsible party and submitted to the Department. The report shall include the following:

(a) A description of the work performed and any variances from the approved plan.

(b) The volume and description of material removed and/or treated.

(d) Total itemized cost of the entire project from the remedial investigation planning through the remedial action.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13.

Tenn. Comp. R. & Regs. 0400-15-01-.12 FINAL OPERATION AND MAINTENANCE PLAN

(1) Purpose The purpose of the O & M process is to provide funds and activities that will ensure the long term treatment and/or maintenance of a site that is required based on the Remedial Investigation /Feasibility Study and the Remedial Action.

(2) Description of O & M Activities A plan shall be submitted by the responsible party which details the activities that will occur during the operation and maintenance period. A reporting schedule and review cycle shall be established. The reporting schedule shall detail the reporting requirements for the proposed activities and the review cycle will establish a review of the O & M process. Below are items that shall be included, as appropriate, in the plan. The plan and schedule shall be submitted to the Department for review and approval prior to the implementation:

(a) Description of tasks for operation.

(b) Description of tasks for maintenance.

(d) Description of monitoring tasks.

(e) Description of required laboratory testing.

(f) Equipment necessary to operate, maintain, and monitor the site for tasks identified in subparagraphs (a) through (e) of this paragraph.

(g) Schedule of the frequency of the required tasks identified in subparagraphs (a) through (e) of this paragraph.

(h) Contingency plan for emergencies and unforeseen deviations from the O & M plan.

(i) Other items as deemed necessary by the Department.

(3) Financial assurance may be required by the Commissioner to insure the O & M costs. This financial assurance shall be provided in a form, amount, and in the manner approved by the Commissioner.

(4) Reporting A reporting schedule and review cycle shall be established. The schedule shall detail the requirements for the proposed activities with associated costs. The schedule will establish a periodic review of the O & M.

(5) Petition to Discontinue Pump and Treat of Ground Water The Department realizes that in some cases pump and treat methods of ground water remediation may fail to achieve ground water remediation goals established under Rule

Tenn. Comp. R. & Regs. 0400-15-01-.13 LIST OF INACTIVE HAZARDOUS SUBSTANCE SITES

Promulgated List SITE NUMBER SITE NAME ANDERSON (01) 01504 D.O.E Oak Ridge Oak Ridge, TN 01579 Dupont Smith/Atomic City Oak Ridge, TN 01580 Anderson County Landfill Clinton, TN SITE NUMBER SITE NAME BLOUNT (05) 05501 Aluminum Co. of America Alcoa, TN 05503 Aluminum Co. of America Alcoa, TN SITE NUMBER SITE NAME BRADLEY (06) 06505 Duracell Inc.

Cleveland, TN SITE NUMBER SITE NAME CARTER (10) 10502 American Bemberg Plant Elizabethtown, TN 10508 Old Bemberg Bldg.

Elizabethtown, TN SITE NUMBER SITE NAME COCKE (15) 15504 Arapahoe/Rock Hill Labs Newport, TN 15505 Newport Dump Newport, TN 15508 Wall Tube and Metal Newport, TN SITE NUMBER SITE NAME DAVIDSON (19) 19511 Stauffer Chemical Nashville, TN 19524 Municipal Landfill Nashville, TN SITE NUMBER SITE NAME FAYETTE (24) 24501 Ross Metals Rossville, TN SITE NUMBER SITE NAME FRANKLIN (26)

26501 AEDC

Arnold Air Force Station, TN SITE NUMBER SITE NAME GIBSON (27) 27512 ITT Telecommunications Milan, TN SITE NUMBER SITE NAME HAMBLEN (32) 32506 BASF/Stauffer Chemical Co.

Morristown, TN 32514 Old Morristown-Hamblen Co. Landfill Morristown, TN 32517 Neblett Road Dump Morristown, TN 32518 Pine Brook Road Dumb Morristown, TN SITE NUMBER SITE NAME HAMILTON (33) 33527 Velsicol/Residue Hill Chattanooga, TN 33540 Montague Park Chattanooga, TN 33543 Hamill Road Dump #3 Chattanooga, TN 33547 Chattanooga Coke Chattanooga, TN 33550 North Hawthorne Dump Chattanooga, TN 33557 USVAAP Chattanooga, TN 33584 Chattanooga Creek Chattanooga, TN 33596 Mor-Flo Industries, Inc.

Chattanooga, TN 33618 Morningside Chemicals Chattanooga, TN 33620 National Microdynamics (Lutex Chemical)

Chattanooga, TN 33635 Tennessee Transformer Chattanooga, TN 33660 Electro-Lite Battery Chattanooga, TN SITE NUMBER SITE NAME HARDEMAN (35) 35506 Velsicol Chemical Toone, TN SITE NUMBER SITE NAME HENRY (40) 40506 Henry County Boneyard Paris, TN SITE NUMBER SITE NAME HICKMAN (41) 41504 Wrigley Charcoal Wrigley, TN SITE NUMBER SITE NAME JEFFERSON (45) 45503 Hodgson, Hollis Jefferson City, TN SITE NUMBER SITE NAME KNOX (47) 47514 Witherspoon Landfill Knoxville, TN 47518 Badgett Road Landfill Knoxville, TN 47521 Southern Rail/Coster Shop Knoxville, TN 47523 Foote Mineral/Cas Walker (Dante)

Knoxville, TN 47530 Screen Art, Inc.

Knoxville, TN 47541 Witherspoon Recycling Knoxville, TN 47545 Sanitary Laundry & Dry Cleaning Knoxville, TN 47547 Roscoe Fields Property Knoxville, TN 47559 Smokey Mountain Smelters Knoxville, TN 47573 Dixie Barrel & Drum Co.

Knoxville, TN SITE NUMBER SITE NAME LAWRENCE (50) 50502 Murray-Ohio Landfill Lawrenceburg, TN 50505 Lawrenceburg Horseshoe Bend Lawrenceburg, TN 50509 Former Murray Ohio Plant Lawrenceburg, TN SITE NUMBER SITE NAME LOUDON (53) 53502 Greenback Industries Greenback, TN SITE NUMBER SITE NAME MADISON (57) 57508 American Creosote Works Jackson, TN 57510 Porter Cable Jackson, TN 57517 Boone Dry Cleaners Jackson, TN SITE NUMBER SITE NAME MARION (58) 58502 North American Environmental Whitwell, TN SITE NUMBER SITE NAME MARSHALL (59) 59502 Heil Quaker Corp.

Lewisburg, TN 59503 Lewisburg Dump Lewisburg, TN SITE NUMBER SITE NAME MAURY (60) 60501 Stauffer Chemical Co.

Mt. Pleasant, TN 60534 Monsanto Columbia, TN SITE NUMBER SITE NAME MONROE (62) 62505 Red Ridge Landfill Madisonville, TN SITE NUMBER SITE NAME POLK (70) 70502 Apache Blast Copperhill, TN SITE NUMBER SITE NAME PUTNAM (71) 71502 Putnam County Landfill Cookeville, TN SITE NUMBER SITE NAME ROANE (73) 73504 Roane Alloys Rockwood, TN 73506 Rockwood Iron & Metal Rockwood, TN 73512 Joyner Scrap Yard Rockwood, TN SITE NUMBER SITE NAME RUTHERFORD (75) 75522 Old Murfreesboro City Dump Murfreesboro, TN SITE NUMBER SITE NAME SHELBY (79) 79503 Arlington Blending Arlington, TN 79517 Bellevue Avenue Landfill Memphis, TN 79518 Cypress Creek Memphis, TN 79525 International Harvester Memphis, TN 79536 W. R. Grace & Co.

Memphis, TN 79549 Chickasaw Ordinance Works Memphis, TN 79552 Carrier Corporation Collierville, TN 79561 Nilok Chemical Company Memphis, TN 79569 Chapman Chemical Co.

Memphis, TN 79582 Diesel Recon Co.

Memphis, TN 79598 North Hollywood Dump Memphis, TN 79604 Memphis Public Works/Jackson Pits Memphis, TN 79676 Smalley-Piper Collierville, TN 79742 Pulvair Corporation Millington, TN 79758 Old Osmose Chemical Memphis, TN 79781 John Little/Drum Memphis, TN 79798 61 Industrial Park Site Memphis, TN 79799 Tennessee Air National Guard Memphis, TN 79800 Creotox Chemical Company Memphis, TN 79805 Fiberfine of Memphis Memphis, TN 79843 79845 79897 Warfield Place/Pulvair Memphis, TN Walker Machine Products Collierville, TN Former Custom Cleaners Memphis, TN SITE NUMBER SITE NAME SULLIVAN (82) 82514 Sperry/Unisys Bristol, TN 82516 Earhart Bristol, TN SITE NUMBER SITE NAME UNICOI (86) 86501 Bumpass Cove Landfill Embreeville, TN 86502 Bumpass Cove – Fowler Erwin, TN 86505 Morrell Electric, Inc.

Erwin, TN SITE NUMBER SITE NAME WARREN (89) 89504 Century Electric Facility McMinnville, TN SITE NUMBER SITE NAME WASHINGTON (90) 90510 Cash Hollow Dump Johnson City, TN SITE NUMBER SITE NAME WAYNE (91) 91501 Mallory Capacitor Co.

Waynesboro, TN 91502 Waynesboro City Dump Waynesboro, TN SITE NUMBER SITE NAME WILSON (95) 95501 TRW/Ross Gear Division Lebanon, TN

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-212-201, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-13. Amendment filed October 30, 2012; effective January 28, 2013. Amendment filed February 5, 2015; effective May 6, 2015. Amendment filed June 5, 2015; effective September 3, 2015. Amendment filed May 20, 2016; effective August 18, 2016. Amendment filed March 9, 2017; effective June 7, 2017. Amendment filed December 18, 2017; effective March 18, 2018.

Chapter 0400-15-02 Standards for Testing and Cleaning Quarantined Clandestine Drug Manufacturing Sites (Renumbered from 1200-01-19)

Tenn. Comp. R. & Regs. 0400-15-02-.01 STANDARDS FOR DETERMINING LIVING SPACE SAFE FOR HUMAN USE

(1) Methamphetamine shall not exceed 0.1 microgram/100 cm on any surfaces.

(2) Volatile Organic Compounds shall not exceed 1 ppm in air as measured under normal inhabitable ventilation conditions.

(3) If it is determined that lead or mercury were used in the lab process, the standard for cleanup of lead on any surface shall not exceed 40μg/ft , and mercury shall not exceed 50 nanograms/m for indoor air. Lead acetate and mercuric chloride are used in the Amalgam process that uses phenylpropanone (P2P). This process is not commonly used, but may occasionally be encountered.

History

Authority: T.C.A. §§ 68-212-501, et seq. and 4-5-201 et seq.
Administrative History: Original rule filed February 23, 2012; effective May 23, 2012.

Tenn. Comp. R. & Regs. 0400-15-02-.02 USE OF QUALIFIED PROFESSIONALS FOR SAMPLING AND CLEANUP

(1) Samples shall be collected and interpreted by a professional certified by the Commissioner as being able to perform the services of an industrial hygienist. Any person holding a certification from the American Board of Industrial Hygienists as a Certified Industrial Hygienist is deemed certified by this rule as being able to perform these services. Other persons who have the qualifications as industrial hygienists under T.C.A § 62-40-101 may make a written request to the Commissioner to be included on the list of persons or entities to perform the services of industrial hygienists for the purposes of these rules.

(2) Clean up of properties shall be performed by a professional or company certified by the Commissioner as being able to perform the services of cleaning up sites used to manufacture methamphetamines. Any person holding a certification from the American Board of Industrial Hygienist as a Certified Industrial Hygienist is deemed certified by this rule as being able to perform clean up services at these sites. Other persons may make a written request to the Commissioner seeking certification to perform these services.

History

Authority: T.C.A. §§ 68-212-501, et seq. and 4-5-201 et seq.
Administrative History: Original rule filed February 23, 2012; effective May 23, 2012.

Chapter 0400-15-03 Drycleaner Environmental Response Program (Renumbered from 1200-01-17)

Tenn. Comp. R. & Regs. 0400-15-03-.01 DRYCLEANER ENVIRONMENTAL RESPONSE PROGRAM: GENERAL

(1) General (a) Use of Number and Gender – As used in these rules:

Words in the masculine gender also include the feminine and neuter genders;
Words in the singular include the plural; and 3. Words in the plural include the singular.

(b) Rule Structure – These rules are organized, numbered, and referenced according to the following outline form:

(1) Paragraph (A) Subparagraph 1. Part (I) Subpart (I) Item I. Subitem (2) Electronic Reporting This chapter requires the submission of forms developed by the Commissioner to comply with certain requirements. The Commissioner may make these forms available electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.

(3) Additional Information The Commissioner may require the submission of information necessary to determine compliance with the Act or this chapter. The information required by the Commissioner shall be submitted by the date specified by the Commissioner and in accordance with the instructions accompanying the request.

(4) Failure to Adopt, Install, or Maintain Best Management Practices (a) Where an operator of a drycleaning facility or in-state wholesale distribution facility has failed to adopt, install, or maintain a best management practice required by Rule 0400- 15-03-.04, the operator may not be eligible under the DCERP for reimbursement of response costs or other benefits. Such failure is considered willful noncompliance with this chapter.

(b) If the Commissioner determines that the owner or operator failed to follow best management practices required by Rule 0400-15-03-.04, then the Commissioner may withdraw DCERF eligibility, withhold a registration renewal, or terminate a facility’s registration under the DCERP.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective May 28, 2024.

Tenn. Comp. R. & Regs. 0400-15-03-.02 DEFINITIONS

When used in this chapter, the following terms have the meanings given below unless otherwise specified:

“Abandoned drycleaning facility” means any real property premises or individual leasehold space on which a drycleaning facility formerly operated.

“Act” means the “Drycleaner’s Environmental Response Act,” as amended, T.C.A. §§ 68-217-101 to -113.

“Applicant” means a potentially eligible party who submits an application for entry and participation in the DCERP for environmental responses activities.

“Application” means either the act of applying or the form upon which a request is made.

“Best management practices” or “BMPs” means those procedures, methods, equipment selections, or other practices as described in Rule 0400-15-03-.04, which when implemented reduce or prevent the generation of waste or releases of chemicals or other pollutants to the environment.

“Chlorofluorocarbon” means one of a group of chemical compounds composed only of carbon, chlorine, fluorine, and hydrogen.

“Commissioner” means the Commissioner of the Department of Environment and Conservation, or the Commissioner’s designee.

“Dense non-aqueous solvent or product” means any chemical or mixture of chemicals other than water-based solvent that is used in the drycleaning of clothes and that does not float on water (in pure form has a specific gravity greater than 1.0).

“Department” means the Department of Environment and Conservation.

“Drycleaner environmental response fund” or “DCERF” refers to the fund established under T.C.A. § 68-217-103.

“Drycleaner environmental response program” or “DCERP” means the program established under T.C.A. §§ 68-217-101 to -113 and this chapter.

“Drycleaner approved contractor” or “DCAC” means a person who has met the qualification requirements set forth in this chapter and has been specifically designated by the Commissioner to be an approved contractor in the DCERP.

“Drycleaning facility” means any commercial facility located in this state that is engaged in on-site drycleaning operations, other than:

(a) A coin-operated drycleaning operation;

(b) A facility located on a United States military base or owned by the United States, or any department or agency thereof;

(c) A commercial uniform service and/or linen supply facility; or (d) A facility owned by the state or any agency or department thereof.

“Drycleaning operations” means cleaning of apparel and household fabrics, using one or more drycleaning solvents, including, but not limited to, those businesses described in Standard Industrial Classification Code No. 7216.

“Drycleaning solvent” or “solvent” means any and all non-aqueous solvents or products used, or intended for use, in the cleaning of garments and other fabrics at a drycleaning facility and includes, but is not limited to, dense non-aqueous solvents such as chlorinated solvents like perchloroethylene (perc), also known as tetrachloroethylene, light non-aqueous solvents such as petroleum-based solvents like Stoddard Solvent, and the products into which all such solvents or products degrade.

“Facility” means an active or abandoned drycleaning facility or an in-state wholesale distribution facility.

“Hydrocarbon-based drycleaning solvent” means a light non-aqueous solvent or product that is used as a primary cleaning agent in drycleaning operations and includes, but is not limited to, petroleum solvents such as Stoddard solvent.

“Impacted third party” means a lessor of real property on which a drycleaning facility or an in-state wholesale distribution facility is located, a property owner whose real property is adversely environmentally impacted by a release from a drycleaning facility or in-state wholesale distribution facility, or their predecessors, successors or assigns, mortgagees, predecessors-in-title, and successors-in-title.

“In-state wholesale distribution facility” means a place of business located in this state of a wholesale distributor or any real property premises or individual leasehold space located in this state, occupied by an in-state wholesale distribution facility after June 13, 1995.

“Light non-aqueous solvent or product” means any chemical or mixture of chemicals, other than water-based solvent, that is used in the drycleaning of clothes and that floats on water (in pure form has a specific gravity less than 1.0).

“Non-hydrocarbon-based drycleaning solvent” means a dense non-aqueous solvent or product that is used as a primary cleaning agent in drycleaning operations and includes, but is not limited to, halogenated chemical compounds such as perchloroethylene, trichloroethylene, and chlorofluorocarbons.

“Operator” means any person or persons with the responsibility for operation of a drycleaning facility or in-state wholesale distribution facility or that has an ownership interest in the drycleaning operation or wholesale distributor.

“Operation” with respect to a facility means maintaining or management.

“Owner” with respect to a facility, means the person who owns part or all of the real property of the facility.

“Person” means an individual, proprietorship, partnership, trust, estate, corporation, limited liability company, association, Tennessee or other state agency, U.S. or other federal agency, municipality, political subdivision, or officers thereof.

“Petition” is synonymous with “application.”

“Potentially eligible party” or “PEP” means an active drycleaning facility owner or operator, current or prior abandoned drycleaner facility owner or operator, in-state wholesale distribution facility owner or operator, or impacted third party who is potentially eligible to participate in the DCERP and the DCERF.

“Release” means any spilling, pouring, overfilling, leaking, leaching, emitting, discharging, or escaping of drycleaning solvents from a drycleaning facility or an in-state wholesale distribution facility or its associated piping that impacts groundwater, surface water, or soils.

“Site” means the areal extent of contamination and all suitable areas in close proximity to the contamination necessary for the implementation of response actions.

“Wholesale distributor” means a person whose primary business is selling drycleaning solvents and supplies to in-state or out-of-state drycleaning facilities. Primary business means where the percentage of the person’s gross receipts from the sale of drycleaning solvents and supplies to such drycleaning facilities equals or exceeds 20% of total gross receipts.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective May 28, 2024.

Tenn. Comp. R. & Regs. 0400-15-03-.03 REGISTRATION, FEES AND SURCHARGES, CERTIFICATE ISSUANCE

(1) The purpose of this rule is to establish a system and schedule for registration and collection of fees.

(2) This rule applies to the following:

(a) All operators of drycleaning facilities conducting or intending to conduct drycleaning operations;

(b) All operators of in-state wholesale distribution facilities;

(d) All wholesale distributors who sell, transfer, or supply drycleaning solvents and supplies to Tennessee drycleaning facilities; and (e) Impacted third parties.

(3) Annual Registration Fees (a) Duty to Register 1. Each year, every facility must be registered with the Department by one of the persons described in subparagraphs (2)(a), (b), or (d) of this rule.

Persons registering a facility shall respond to all inquiries on the registration form completely and truthfully. On any registration form submitted after October 15, 1997, any material misrepresentation on, or omission from, the registration form may be deemed willful noncompliance with this chapter and may serve as sufficient basis for the Commissioner’s denial of an application for entry into the DCERP, for revocation or non-renewal of a registration issued in reliance on the submitted registration form, or for a denial or withdrawal of a grant for entry into the DCERP.
Initial registration with the DCERP for active drycleaning facilities and in-state wholesale distribution facilities shall include a certification that all BMPs of Rule

Tenn. Comp. R. & Regs. 0400-15-03-.04 BEST MANAGEMENT PRACTICES

(1) Implementation of BMPs is necessary to prevent possible future releases of drycleaning solvents into the environment. A facility owner or operator’s failure to implement BMPs may affect the facility owner or operator’s fund eligibility pursuant to Rule 0400-15-03-.05.

(2) The requirements of this rule apply to all drycleaning facilities and in-state wholesale distribution facilities.

(3) To prevent drycleaning solvent releases, owners and operators of all active drycleaning facilities shall implement BMPs.

(a) Compliance with Existing Regulations and Standards Except as set forth in T.C.A. § 68-217-113, this chapter does not exempt an owner or operator of any facility from complying with all requirements applicable to the operation of a drycleaning facility or wholesale distributor.

(b) Spill Contingency Plan Drycleaning facilities shall have a written Spill Contingency Plan at the facility and readily available for inspection. This document shall be signed and dated by the facility owner or operator and shall be reviewed annually and updated as needed. A log of annual reviews denoting the date of the review and facility personnel involved shall be maintained and readily available for inspection. Existing facilities shall have a Spill Contingency Plan by June 30, 2024. New facilities that open after June 30, 2024, must prepare a Spill Contingency Plan within six months after commencing operations. The Spill Contingency Plan must identify and describe:

The type and approximate quantities of drycleaning solvent routinely present at the facility, including a facility layout map denoting the normal locations of solvents within the facility;
Reasonably foreseeable potential releases from both normal operations and accidents at the facility;
The potential pathways of human exposure to drycleaning solvents resulting from potential releases;
The likely magnitude and nature of the human exposure resulting from potential releases and the human exposure resulting from a worst-case scenario;
Drycleaning solvent handling methods, management and training practices, and any other programs in place at the facility or used during solvent transport operations that are designed to minimize or prevent solvent releases; and 6. The specific steps to be taken in the event of a fire, explosion, solvent spill, or other similar potentially catastrophic event occurring at or near the facility; the primary coordinator for such events.

(c) Solvent Delivery, Removal, and Transfer Systems 1. Drycleaning solvent shall be delivered to drycleaning facilities in such a manner as to minimize the possibility of spills and releases of solvent during transfer of the material. No pouring of drycleaning solvents from open buckets or other similar methods is allowed. The facility’s certificate holder in subparagraph (h) of this paragraph shall be present and adequately monitor the delivery of drycleaning solvents to prevent overfills and spills. Dense non-aqueous solvents or products shall be delivered to drycleaning facilities via closed, direct-coupled delivery systems. Light non-aqueous solvents or products shall be pumped from the solvent container directly into the machine.

Removal of drycleaning solvent for disposal shall be conducted in such a manner as to minimize the possibility of spills and releases. The facility’s certificate holder in subparagraph (h) of this paragraph shall be present and adequately monitor the removal of drycleaning solvents. During removal, solvent shall be pumped directly from the machine into containers that meet the requirements of subparagraph (d) of this paragraph. No pouring of drycleaning solvents from open buckets or other similar methods is allowed.
The transfer of solvent shall be conducted in a manner that minimizes the possibility of spills and releases. The facility’s certificate holder in subparagraph (h) of this paragraph shall be present and adequately monitor the transfer. During transfer, solvent shall be pumped directly from the machine into either another drycleaning machine or containers that meet the requirements of subparagraph (d) of this paragraph. No pouring of drycleaning solvents from open buckets or other similar methods is allowed. The solvent in the containers shall be delivered to the receiving machine by pumping the solvent directly from the container into the receiving machine.

(d) Waste Management 1. As much as practicable, waste containing solvent shall be recycled. No person shall place, store, or dispose of drycleaning solvent, a material containing drycleaning solvent, or waste containing drycleaning solvent in a location or manner where the solvent, material, or waste, either by themselves or in combination with other substances, will cause or may cause a release of drycleaning solvent either in a concentrated or diluted form to soil, sediment, groundwater, or surface water. At a minimum, no person shall:

(i) Dispose of or place filters, diatomaceous earth, sludges, condensate water, still bottoms, or other waste material containing drycleaning solvent in a dumpster or other trash receptacle, on the ground, or in any location other than appropriate labeled storage containers for these materials;

(ii) Dispose of or place filters, diatomaceous earth, sludges, condensate water, separator water, still bottoms, or other waste material containing drycleaning solvent in a sanitary sewer, storm sewer, septic tank, or any underground structure which may result in a release;

(iii) Dispose of or place filters, diatomaceous earth, sludges, condensate water, still bottoms, or other waste material containing drycleaning solvent in a location or manner such that drycleaning solvent or a waste containing drycleaning solvent is released, or may be released, to the soil, sediment, groundwater, or surface water;

(iv) Pump or transport drycleaning solvent or waste containing drycleaning solvent through underground pipes or lines which are not readily visible or fail to ensure that the visible pipes or lines transporting drycleaning solvent or waste containing drycleaning solvent are placed in a trench sealed with a material impervious to tetrachloroethylene or the appropriate solvent(s) in use at the drycleaning facility; and (v) Store a drycleaning solvent or waste containing a drycleaning solvent in an underground storage tank without documenting that the tank construction material is appropriate for the solvent material being stored or without providing upgrading and release detection in the same manner as required for petroleum stored in petroleum underground storage tanks subject to

Chapter 0400-18-01, except the partial exclusions listed in subparagraph (2)(b) of Rule 0400-18-01-.01 shall not apply.

Regardless of the drycleaning facility’s amount of solvent consumption or quantity of waste generation, waste containing or derived from dense nonaqueous drycleaning solvent shall be shipped off-site by a hazardous waste transporter permitted in accordance with Rule 0400-12-01-.04 to a designated facility, as defined in subparagraph (2)(a) of Rule 0400-12-01-.01, or to a drycleaning facility or in-state wholesale distribution facility otherwise authorized to receive the hazardous waste. A copy of all hazardous waste, hazardous material shipping manifests, and bills of lading shall be maintained at the drycleaning facility or a designated alternate site for inspection by the Department upon request. These records shall be maintained for a minimum period of five years.
Any waste containing or derived from light non-aqueous drycleaning solvent or product shall be placed in a sealed container, removed from the facility, and disposed of at a facility authorized by the Commissioner, EPA, or another state to manage this waste, regardless of the amount of the drycleaning facility’s solvent consumption or waste generation. A record of the date, quantity of waste removed, and the disposal location shall be maintained at the drycleaning facility or a designated alternate site for inspection by the Department upon request.

These records shall be maintained for a minimum of five years.

Waste shall be stored in labeled containers that are in good condition with tightly fitting lids to minimize the possibility of a release. The container may be constructed of steel, plastic, or fiberglass. Containers must be packaged, labeled, and marked in accordance with applicable federal Department of Transportation regulations and requirements. Waste containers shall be located in a non-high-traffic area of the facility and in an area that is not easily accessible to the general public. Waste containers shall be placed in secondary containment in accordance with subparagraph (f) of this paragraph.
Drycleaners may use evaporators or distillation units specifically designed to treat wastewater from drycleaning machines. Only units specifically designed to treat drycleaning solvents may be used, and the unit must be operated at all times in accordance with the manufacturer’s specifications. Used equipment filters shall be properly managed in accordance with this subparagraph.

(e) Materials Storage 1. Solvent and solvent-containing material such as spotting agents shall be labeled and stored in containers that are in good condition with tightly fitting lids so as to minimize the possibility of a release. Containers shall be located in a non-hightraffic area of the facility and in an area that is not easily accessible to the general public. Containers shall be stored in secondary containment in accordance with subparagraph (f) of this paragraph. Containers of drycleaning solvent shall be handled with sufficient care to prevent damage to the containers or releases to the environment.

Safety Data Sheets or equivalent documentation for the drycleaning solvents that may be used at the facility shall be kept at the facility and available to the Department upon request.

(f) Containment Systems 1. Dikes or other containment systems shall be installed under and around each drycleaning unit, solvent storage area, and liquid waste storage areas. Facilities using dense solvent shall have a metal pan under all drycleaning units and drycleaning machines.

The system for each solvent storage and liquid waste storage area should be capable of containing a leak, spill, or release of drycleaning solvent up to a quantity equal to 110% of the total amount of solvent that may be used or stored in the containment area.
The system for each drycleaning unit should be capable of containing a leak, spill, or release of drycleaning solvent up to a quantity equal to 110% of the total amount of solvent that may be stored in the largest tank within the containment area.
To the maximum extent feasible, the sealants and other materials to be used in the construction of containment systems must be impervious to, and not allow the transmission of, drycleaning solvent.
The secondary containment units used for solvent and waste storage shall be constructed of steel or polyethylene and provide sufficient leak protection to prevent spills and releases from reaching the environment.

(g) Management of Releases of Drycleaning Solvents 1. All drycleaning facilities shall use release prevention methods. Facilities shall ensure that any release of drycleaning solvent is immediately contained and recovered to abate to the greatest extent reasonably possible, further consequences to human health and the environment.

If it becomes reasonably apparent that there has been a release of seven gallons or more of solvent or solvent-containing material, then the owner or operator of the facility shall take appropriate action to stop the release and contain the spilled solvent or solvent-containing material within 24 hours after discovery of the release and shall notify the Department of the release and the actions taken.

(h) Each drycleaning facility shall be staffed by at least one person who is a Certified Environmental Drycleaner (CED) as certified by the Drycleaning & Laundry Institute or its successor, or has a certification deemed equivalent by the Commissioner to meet this requirement. In the event of termination of employment or loss of certification by the CED, the owner or operator of the facility has six months to replace the CED. A certified person shall be on-site at all times the drycleaning machine is in operation; at any time the drycleaning machine is being inspected, maintained, or repaired; and at any time solvent or filters are added or removed from the drycleaning machine.

(i) To prevent the possible migration of solvents into soil, groundwater, or other media, all cracked flooring, floor drains, or other structural conditions or defects that might act as a release pathway for solvents shall be sufficiently sealed to prevent migration.

(j) Facility Closure 1. If a drycleaning facility is to be closed or remain out of operation as a drycleaning facility, or if a drycleaning machine is not used for 90 days or more, solvent and solvent-containing material, including all drycleaning waste, shall be properly removed from the facility and the machine. Within 90 days of ceasing operation, all solvent and waste, including filters, must be disposed of according to regulations. Solvent shall be pumped from any idled machine(s) either directly into another machine or into containers for transport or disposal. Solvent removal pumping activity shall be properly monitored by the facility’s certificate holder.

At least 10 days before removing the solvent or solvent-containing material from the drycleaning facility, the drycleaning facility shall notify the Commissioner in writing and obtain approval from the DCERP.
Within 30 days of removing the solvent and solvent-containing material from the facility in accordance with part 1. of this subparagraph, the facility owner or operator shall send a notification to the Commissioner, on forms provided by the Commissioner, certifying the date and manner in which the facility was closed.

Manifests and other documentation showing the disposition of the solvent, solvent-containing material, and waste shall be submitted with the letter.

(4) All in-state wholesale distribution facilities shall implement the BMPs established in this paragraph to prevent the release of drycleaning solvents.

(a) Spill Contingency Plan In-state wholesale distribution facilities shall have a written Spill Contingency Plan at the facility and readily available for inspection. This document shall be signed and dated by a facility owner or operator and shall be reviewed annually and updated as needed. A log of annual reviews denoting the date of the review and facility personnel involved shall be maintained and readily available for inspection. The Spill Contingency Plan must identify and describe:

The type and approximate quantities of drycleaning solvent located at the facility; including a to-scale facility layout map denoting the normal locations of solvents within the facility; the location of solvent transport vehicles;
Reasonably foreseeable potential releases from both normal operations and accidents at the facility;
The potential pathways of human exposure to drycleaning solvents resulting from potential releases;
The likely magnitude and nature of the human exposure resulting from potential releases and the human exposure resulting from a worst-case scenario;
Drycleaning solvent handling methods, management and training practices, and any other programs in place at the facility or used during solvent transport operations that are designed to minimize or prevent solvent releases; and 6. The specific steps to be taken in the event of a fire, explosion, solvent spill, or other similar potentially catastrophic event occurring at or near the facility; the primary coordinator for such events.

(b) Materials Storage and Handling 1. Solvent and solvent-containing material shall be labeled and stored in containers that are in good condition with tightly fitting lids so as to minimize the possibility of a release. Containers should be located in an area that is not easily accessible to the general public.

Safety Data Sheets or equivalent documentation for the drycleaning solvents that may be stored or used at the facility shall be kept at the facility and available to the Department upon request. Monthly inspections of containers and storage areas shall be conducted and documented in a logbook. Logbooks shall be kept at the facility for a minimum of five years.
Drycleaning solvents shall be moved, handled, and transported with sufficient care to prevent damage to containers and releases to the environment.

(c) Management of Releases of Drycleaning Solvent 1. In-state wholesale distribution facilities shall have designated personnel to handle chemical spills and other similar circumstances and a designated primary coordinator for spills or other release situations that may occur at the facility or during transport of chemicals.

All in-state wholesale distribution facilities shall use release prevention methods.

Facility owners or operators shall ensure that any release of drycleaning solvent is immediately contained and recovered, to abate to the greatest extent reasonably possible further consequences to human health and the environment.

If a PEP has reason to believe that there is or may be an imminent and substantial threat to human health related to a release at a facility, the PEP shall notify the Department of that fact as soon as possible but no later than 72 hours from the time of the discovery of the potential threat to human health. If it becomes reasonably apparent that there has been a release of seven gallons or more of solvent or solvent-containing material, then the facility owners or operators shall take appropriate action to stop the release and contain the spilled solvent or solvent-containing material within 24 hours after discovery of the release and shall notify the Department of the release and the actions taken.

(d) Containment Systems 1. Dikes or other containment systems shall be installed under and around each solvent storage area, liquid waste storage areas, and vehicle transport loading areas, or other facility features shall be in place that offer an equivalent level of protection and are designed to contain a release and prevent its migration into a sanitary sewer system or other utility pathways, onto other properties and surface areas, or into surface water, soil, or groundwater.

Containment systems must be capable of containing a leak, spill, or release of drycleaning solvent up to a quantity equal to 110% of the total amount of solvent that may be used, stored, or loaded for transport in the containment area.
To the maximum extent feasible, sealants and other materials to be used in the construction of containment systems should not allow the transmission of drycleaning solvent.

(e) To prevent the possible migration of solvents into soil, groundwater or other media, all cracked flooring, floor drains, or other structural conditions or defects that might act as a release pathway for solvents shall be sufficiently sealed to prevent migration.

(f) Drycleaning solvent shall be delivered to drycleaning facilities in such a manner as to minimize the possibility of spills and releases of solvent during transfer of the material.

No pouring of drycleaning solvents from open buckets or other similar methods is allowed. Delivery of drycleaning solvents shall be adequately monitored to prevent overfills and spills. Dense non-aqueous solvents or products shall be delivered to drycleaning facilities via closed, direct-coupled delivery systems. Light non-aqueous solvents or products shall be delivered to drycleaning facilities via pumping from the solvent container directly into the machine from containers that meet the requirements of the federal Department of Transportation.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective May 28, 2024.

Tenn. Comp. R. & Regs. 0400-15-03-.05 .

(5) Maintaining DCERF Eligibility All applicants must meet the following requirements to maintain DCERF eligibility:

(a) The owner or operator manages the facility in compliance with the Act and the requirements of this chapter, including but not limited to applicable BMPs.

(b) All required fees, surcharges, penalties, and interest are paid and current.

(c) The following records are maintained on-site or at a readily available alternative site and made available to the Commissioner upon request:

Drycleaning facilities:

(i) Documentation of solvent purchases or transfers;

(ii) Waste disposal manifests;

(iii) Documentation of equipment maintenance, repairs, or retrofits, including BMPs;

(iv) Documentation of all site investigation and cleanup plans and expenses; and 2. In-state wholesale distribution facilities:

(i) Documentation of solvent sales or transfers;

(ii) Waste disposal manifests;

(iii) Documentation of equipment maintenance, repairs, or retrofits, including BMPs;

(iv) Documentation of all site investigation and cleanup plans and expenses.

(d) Unless the Commissioner instructs otherwise, all records required to be maintained by subparagraph (c) of this paragraph shall be retained for five years after:

The Commissioner issues a letter that states all necessary investigation and remedial work has been completed or that no investigation and remediation is necessary with respect to a site (a Response Complete Summary Letter); or 2. Ownership and all records pertaining thereto are transferred to a new owner.

(e) After being accepted into the DCERP, the applicant shall promptly notify the Commissioner of any solvent releases that may impact the investigation or remediation of the site.

(6) Requirements for DCERF Reimbursement of Response Costs An applicant who is DCERF eligible is entitled to reimbursement of response costs for approved investigation and cleanup costs from the DCERF subject to the following provisions:

(a) Applicants must:

Perform initial response actions in accordance with paragraphs (5) and (7) of

Rule 0400-15-03-.05 including initial abatement measures and free product removal necessary to properly stabilize a site and to prevent significant continuing damage to the environment or risk to human health;

Select a person from the Department’s DCAC list and notify the Commissioner in writing of such a selection within 30 days or other time specified by the Commissioner; and 3. Within 30 days of selection, establish a contractual agreement with the DCAC and provide a letter signed by both parties confirming that a contractual relationship exists for environmental response actions.

(b) Following completion of necessary site stabilization actions, the cost estimates for subsequent inspections, investigations, and corrective actions must be approved by the Commissioner in accordance with Rule 0400-15-03-.05, and the work performed by DCACs must be approved in accordance with the requirements of Rule 0400-15-03- .09. Response actions, other than those identified in subparagraph (a) of this paragraph, performed prior to the approval of the cost estimates shall not be eligible for reimbursement from the DCERF, unless they were undertaken at the specific direction of the DCERP.

Accept the cost proposal and authorize work to be initiated; or 2. Request a modification to or clarification of the cost proposal if projected costs are determined not to be reasonable.

(d) In addition to the requirements of subparagraph (b) of this paragraph, the Commissioner may request, and, upon that request, the applicant shall submit an estimate of the total cost of remediation for the site, which will be used by the Commissioner in projecting future funding requirements for the DCERF. The estimate shall be updated by the applicant as more complete information regarding the site becomes available.

(e) Upon approval of a cost estimate by the Commissioner, sufficient monies will be obligated from the DCERF for completion of the approved phase of work along with authorization for the initiation of the proposed action. Payments from the DCERF shall be subject to the availability of funds in the DCERF at the time of approval by the Commissioner.

(f) The cost of completing any task in an approved work plan that exceeds the amount in the approved cost estimate may be denied by the Commissioner unless:

An amended written cost estimate is submitted and approved before the initially approved cost estimate is exceeded; or 2. Informal written approval is given by the Commissioner, and within two working days, a written amended cost estimate consistent with such informal written approval is submitted to the Commissioner.

(7) Reimbursement Requests (a) Reimbursement requests for response costs shall be submitted in a format established by the Commissioner and shall, at a minimum, include an itemization of all labor charges (individual name, DCERP personnel category, date, rate, and number of hours worked), analytical charges, equipment charges, and other categories identified by the Commissioner, or that the applicant may wish to provide.

(b) The reimbursement request shall contain the following statement, which shall be signed by the applicant and the project manager of the DCAC:

“I certify to the best of my knowledge and belief: that a release of drycleaning solvent has occurred from the operation of the subject active or abandoned drycleaning facility or in-state wholesale distribution facility; that the costs presented herein represent actual costs incurred in the performance of response actions at this site during the period of time indicated on this reimbursement request; and that no charges are presented as part of this reimbursement request that do not directly relate to the performance of response actions related to the release of solvent at this site. I understand that any misrepresentation or omission regarding the reimbursement request may be considered willful noncompliance with Chapter 0400-15-03 and may serve as a sufficient basis for the Commissioner’s denial of the reimbursement request and future access to DCERF reimbursement.”

(c) If a site has previously been the subject of a reimbursement request for DCERF eligibility that was denied, and where the reasons for denial have been properly cured or are subject to cure as set forth in this chapter, the burden shall be on the applicant to demonstrate by substantial and material evidence in the reimbursement request that the request does not include actions or expenses for releases that were the subject of reimbursement requests that have been previously denied.

(d) Reimbursement requests for the implementation of response actions may be submitted 60 days following initiation of work to implement the work plan and at 60-day intervals thereafter until completion of the authorized activities. For work phases that will be completed within three months or less, the Commissioner recommends that a reimbursement request be submitted following the completion of the pre-approved work. Interim billings for phases of work that will not be completed in three months or less shall include the expenses for a specified period of time (e.g., January-March) and shall, to the extent practicable, not have overlapping dates with prior or subsequent interim billings. The Commissioner may request a status report to be submitted with each reimbursement request. Upon request, the Commissioner may approve interim payments at more frequent intervals.

(e) All payments shall be subject to review for compliance with this chapter by the Commissioner. Should a site inspection or other information reveal a discrepancy between work performed and the work addressed by a reimbursement request, the Commissioner may deny payment or may require the DCERF to be reimbursed for money already disbursed. Denied payments may be appealed to the Commissioner; however, the appeal must be filed within 30 days of the applicant’s receipt of the Commissioner’s certified letter of the denial.

(f) Notwithstanding the provision of subparagraph (d) of this paragraph, to be eligible for payment from the DCERF, a reimbursement request must be received by the DCERP within one year from the date expenses were incurred regardless of the duration of the work phase. For example: the personnel expenses of a geologist performing work activities, related to a specific site, on May 10 of the prior year would not be reimbursable by the DCERP if the reimbursement request was received on or after May 11 of the current year.

(g) If the DCERF reimburses a party for response costs under this chapter for which the owner or operator of a facility has insurance coverage, the DCERF is subrogated to the rights of the owner or operator with respect to that insurance coverage to the extent of the reimbursement. Acceptance of reimbursement under this subparagraph constitutes an assignment by the party with respect to any insurance coverage applicable to the costs that are reimbursed. If the owner or operator of a facility has insurance coverage that may cover response costs, the owner or operator must provide written notification to the DCERP within 30 days. The DCERP will not reimburse costs for which the owner or operator received payment from an insurance carrier or other third-party payer.

(8) DCERF Payment Procedures (a) Payments from the DCERF will be made directly to the PEP in cases where the PEP submits documentation verifying it has paid authorized costs in excess of the applicable deductible.

(b) The PEP is responsible for final payments to the DCAC(s) performing the work including DCERP deductibles. The PEP is responsible for making timely payments to the DCAC(s) in accordance with the contract between the parties.

(c) The Commissioner shall issue either a letter of reimbursement approval or a status review letter within 90 days of receipt of a properly completed reimbursement request.

A status review letter from the Commissioner to the PEP shall note such items as: what clarifications or additional information, if any, are needed to complete the review and what problems were encountered, if any, in interpreting or evaluating the reimbursement request.

If the Commissioner determines that all costs are reasonable and eligible for reimbursement, payment will be issued within 45 days of approval. If the Commissioner determines that certain costs are unreasonable or ineligible for reimbursement, the Commissioner shall issue a check for the amount determined to be reasonable and eligible, give an initial notice by mailing a certified letter to the PEP of those costs denied reimbursement and the reasons for denial, and provide a 45-day period from receipt of the certified letter in which the PEP or DCAC may present such information as is necessary to justify the disallowed costs. Following review of such information, the Commissioner may agree to pay the previously disallowed costs, or any portion thereof, or may again disallow the costs for payment based on material noncompliance with this chapter or administrative guidance issued thereunder. A denial by the Commissioner following the initial notice of denial under this subparagraph shall be considered a final agency action interpreting the applicability of these rules that is subject to review under T.C.A. § 4-5-223. To secure review, the PEP must file the petition for declaratory order under T.C.A. § 4-5-223 within 30 days of issuance of this denial.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective May 28, 2024.

Tenn. Comp. R. & Regs. 0400-15-03-.06 WITHDRAWING AN APPLICANT’S GRANT OF APPROVAL

(1) The Commissioner may withdraw any favorable determination concerning any application for entry into the DCERP previously granted if the Commissioner determines that the applicant is in willful noncompliance with the provisions of the Act or this chapter. Willful noncompliance includes, but is not limited to:

(a) An applicant’s misrepresentation of facts in its registration application or its petition for entry into the DCERP;

(b) The applicant’s failure to timely adopt, install, or maintain any applicable BMP;

(c) An applicant’s misrepresentation of environmental conditions concerning the applicant’s site; an applicant’s unreasonable delay in submission of pertinent site data and information; an applicant’s filing or reporting of false, misleading, or inaccurate information with the Commissioner; or any other such actions taken by the applicant which impedes the Commissioner’s ability to properly evaluate the site or determine appropriate response actions for the site;

(d) The Commissioner receives new information that demonstrates the applicant was not or is not now eligible for entry into the DCERP; or (e) The applicant’s failure to timely pay its DCAC or complete approved work.

(2) Order Withdrawing Grant of Approval The withdrawal of an applicant’s grant of approval shall be accomplished by the issuance of an order pursuant to Rule 0400-15-03-.10. The order shall include a statement of the facts constituting the alleged violations. The order may also provide for the immediate suspension of reimbursement payments from the DCERF and for the return of any DCERF payments made to any person that was ineligible at the time of receipt of the funds from the DCERF.

Known impacted third parties shall also be sent notice of the withdrawal of approval by the Commissioner. Notice to impacted third parties shall be sufficient if written notice is provided to any lessor of real property, known to the Commissioner, on which an active or abandoned drycleaning facility or in-state wholesale distribution facility is located, as well as any third party, known to the Commissioner, who owns or leases property that is known or suspected by the Commissioner to have been contaminated from the release in question by solvents.

(3) The Commissioner may, through an order issued pursuant to Rule 0400-15-03-.10, withdraw any favorable determination concerning any PEP who:

(a) Contributes to or cooperates in a misrepresentation in another party’s petition within its knowledge; or (b) Fails to timely inform the Commissioner of a misrepresentation in another party’s petition within its knowledge or acquiesces in such failure.

(4) Appeal of Order (a) Any person against whom an order is issued may appeal by filing a written petition pursuant to Rule 0400-15-03-.10. The petitioner shall provide a copy of the appeal to known impacted third parties at the time of its filing and provide reasonable notice of the date set for a hearing of the petition. A suspension of DCERF payments by the Commissioner shall remain in effect pending any appeal of an order.

(b) Should the petitioner and the Commissioner agree to hear a contested case at a time other than the time communicated to impacted third parties, then the known impacted third parties shall be notified by the petitioner of the new hearing date as soon as practicable.

(c) Following the hearing of a contested case, the Commissioner shall determine whether the petitioner should be eligible for reimbursement of some or all of its expenses from the DCERF. If the Commissioner determines that only part of the petitioner’s expenses should be reimbursable, then the petitioner shall be liable for the release in question, save for those expenses identified as reimbursable by the Commissioner, and the petitioner shall not otherwise be eligible for DCERP benefits.

(5) If a person becomes ineligible for DCERF reimbursement because of conduct occurring after the granting of the petition for entry into the DCERP, another applicant may only obtain reimbursement from the DCERF for the site only so long as all requirements for the site, including the payment of registration fees, surcharges, penalties, and interest are met.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective May 28, 2024.

Tenn. Comp. R. & Regs. 0400-15-03-.07 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective May 28, 2024.

Tenn. Comp. R. & Regs. 0400-15-03-.08 ADMINISTRATIVE GUIDELINES FOR THE TENNESSEE DRYCLEANER

ENVIRONMENTAL RESPONSE FUND.

(1) DCERF Obligations (a) The Commissioner shall obligate money from the DCERF based on the following procedures:

Available monies in the DCERF shall be obligated for response activities based on the priority ranking system and statutory limitations. For sites that have equivalent ranking status, funds from the DCERF will be obligated according to the chronological order in which the complete application for entry into the DCERP was received.
Available monies in the DCERF shall be specifically designated for response activities as such activities are approved and authorized for implementation by the Commissioner.

(b) The Commissioner will make payments from the DCERF when:

The applicant has petitioned the Commissioner for entry into the DCERP, has complied with all requirements for entry into the DCERP, and has been accepted into the DCERP by the Commissioner.
A reimbursement request is received, according to a schedule and format determined by the Commissioner, for response costs associated with a release of drycleaning solvent for which the Commissioner has authorized the work related to such response costs, subject to a determination by the Commissioner that the costs are reasonable and consistent with the related work plan and cost proposal authorized by the Commissioner.

(c) Clean-Up Before the Designation of DCERF Monies 1. In the event that an applicant, with Commissioner approval, undertakes actions that are reimbursable under the Act after entry into the DCERP but before DCERF money is designated for investigation or remediation of the site under the priority ranking system, the applicant may perform approved actions in accordance with this chapter. Funds from the DCERF shall be obligated for and reimbursed to the applicant for eligible expenses when funds become available pursuant to the priority ranking system.

An applicant that performs approved actions in accordance with this chapter shall be eligible for reimbursement according to the law, this chapter, and guidance in effect at the time the activities were performed. Applicants performing activities under this subparagraph must meet all requirements for DCERF eligibility applicable at the time the activities are performed to receive future reimbursement.
Only work plans and cost estimates approved in writing by the Commissioner after October 15, 1997, are eligible for reimbursement.

(d) All claims against the DCERF are obligations of the DCERF and not of the state, and any amounts to be paid under this rule are subject to the availability of sufficient monies in the DCERF. The full faith and credit of the state shall not in any way be pledged or considered to be available to guarantee payment from such DCERF.

(2) Scope of Fund Coverage (a) The DCERF will reimburse applicants accepted into the DCERP for the reasonable cost of Commissioner-authorized inspection, investigation, and remediation, exclusive of interest, at the applicants’ sites. All costs consistent with cost estimates approved by the Commissioner shall be considered reasonable costs.

(b) The following deductibles shall apply per site for active drycleaning facilities, abandoned drycleaning facilities, and in-state wholesale distribution facilities when an applicant accepted into the DCERP requests reimbursement from the Commissioner:

The deductible shall be 10% per reimbursement with a maximum deductible of $50,000.
An impacted third party’s deductible is the same as the facility for which DCERF coverage is sought.
If an applicant reenters facilities or sites into the DCERP for any reason, the applicant is required to pay a new deductible.

(3) Authorized Disbursements from the DCERF (a) Whenever the Commissioner determines a release has occurred at an eligible site, the Commissioner shall, subject to the provisions of this chapter including site prioritization, disburse monies available in the DCERF to provide for reimbursement of the reasonable cost of:

Commissioner-authorized inspection, investigation, assessment, and cleanup of sites contaminated by a release of drycleaning solvents, which may consist of clean-up of affected soils, groundwater, sediment, surface water, air, or other environmental media using cost-effective alternatives that are technically feasible and reasonable, and that provide adequate protection of the public health, safety, and welfare and minimize environmental damage.
The interim replacement of and permanent restoration of potable water supplies.

(b) Where the Commissioner has determined that an immediate response to an eligible site was necessary as a result of an imminent and substantial danger, the response may be funded by either the DCERF or the Hazardous Waste Remedial Action Fund, as defined in paragraph (1) of Rule 0400-15-01-.02, at the Commissioner’s discretion.

Costs of any such response actions from the Hazardous Waste Remedial Action Fund may be reimbursed from the DCERF with the Commissioner’s approval.

(c) The costs for reasonable initial abatement and site stabilization activities are DCERF eligible, up to $5,000 and subject to applicable deductibles, without submission and prior Commissioner approval of a cost proposal. The costs must be directly associated with containing or addressing a release of solvent or material containing solvent.

Normal operating practices, including but not limited to the proper disposal of solvent or material containing solvent, are not considered initial abatement or site stabilization activities.

(d) The costs for implementing an initial facility inspection required by the Commissioner pursuant to paragraph (3) of Rule 0400-15-03-.05 are eligible for reimbursement, regardless of whether the facility inspection determines that the site is eligible or ineligible for further reimbursement.

(e) Costs incurred by the Commissioner in the administration of the Act and this chapter shall be charged to the DCERF.

(f) The DCERF shall be available to the Commissioner for expenditures for the purposes of providing for the investigation, identification, and for the reasonable and safe cleanup, including monitoring and maintenance of sites as provided in the Act.

(g) The Commissioner may enter into contracts and use the DCERF for:

Hiring consultants and personnel;
Purchasing, leasing, or renting necessary equipment;
Conducting interim actions; and, 4. Other necessary expenses.

(4) DCERF Ineligible Costs (a) The Commissioner shall not authorize distribution of monies from the DCERF that would result in a diminution of the DCERF below a balance of $100,000 unless an emergency exists at a facility or site that constitutes an imminent and substantial threat to human health or the environment.

(b) The Commissioner shall not authorize distribution of DCERF monies as specified in T.C.A. § 68-217-107(c).

(c) The Commissioner shall not authorize distribution of DCERF monies for response actions not undertaken in accordance with this chapter and guidance established by the Commissioner.

(d) Monies held in the DCERF shall not be used to reimburse costs incurred by owners or operators of facilities in conducting repairs, retrofits, building or equipment improvements, building renovations or remodels, or the implementation of BMPs.

(e) The DCERF shall not be obligated and shall not pay out any funds for any nonresponse type of damages, losses, costs, or expenses of any kind, including but not limited to stigma damages or diminution of value to real or personal property caused for any reason, including but not limited to a release of solvents or any activities approved under the Act or this chapter; the restoration or repair (other than response actions) of any real and personal property for any reason, including but not limited to damages resulting from the release of solvents or any activities approved under the Act or this

chapter, or injury or death caused for any reason, including but not limited to a release of solvents or any activities approved under the Act or this chapter. In addition, the DCERF shall not be used for the landscaping of sites but shall only be used to restore those portions of the site affected by DCERF-approved activities to a safe condition.

Finally, the DCERF shall not be obligated and shall not pay any penalties or fines, or other punitive expenses levied or incurred for any reason, including but not limited to a release of solvents or any activities approved under the Act or this chapter.

(f) The DCERF shall not be obligated and shall not pay out any funds for costs in which there was no prior written Commissioner authorization or that were incurred prior to October 15, 1997.

(g) Monies held in the DCERF shall not be used to reimburse owners or operators of facilities conducting investigative or remedial activities under paragraph (12) of Rule

Tenn. Comp. R. & Regs. 0400-15-03-.09 CONTRACTORS

(1) DCAC(s) are not beneficiaries of the DCERF and shall have no right of claim against it. Any and all claims shall be against the applicant who hired the DCAC. An applicant can assign its rights to reimbursement from the DCERF to its DCAC for reimbursement amounts arising under the contract.

(2) Neither an applicant nor the applicant’s DCAC shall file false or inaccurate information with the Commissioner. Both the applicant and the applicant’s DCAC are required to follow the methods and procedures established by the Commissioner for actions related to, but not limited to, release response, facility inspections, investigations, and remediation of sites. The applicant is required to compile and maintain copies of all technical or other documentation and reports required by the Commissioner in the event that the DCAC ceases to exist.

(3) A DCAC shall be a person, as defined in Rule 0400-15-03-.02, responsible for conducting and overseeing the inspection, investigation, or remediation of a site in the DCERP. The Commissioner shall establish and maintain a list of DCACs according to this rule. The DCAC list shall have three categories. There shall be one category for DCACs approved to perform facility inspections, a second category for DCACs approved to perform investigative work, and a third category for DCACs approved to perform remediation work. There may be one DCAC for facility inspection, another DCAC for site investigation, and one or more DCAC(s) for remediation of the site. A person may apply to qualify for multiple DCAC categories.

(4) A person may be approved to perform DCERF eligible work upon satisfying the following:

(a) The person submits a written application to become a DCAC to the Commissioner in a format determined by the Commissioner. The application shall include, as applicable, the following and any other information requested by the Commissioner:

The organizational history of the person; years in business; location of offices; form of business (e.g., sole proprietor, partnership, corporation); and a list of officers and principals including their mailing addresses and telephone numbers;
A copy of the latest audited annual financial statement or other approved alternate proof of financial stability;
Proof of insurance as required in subparagraph (5)(l) of this rule with the the Department listed as an additional insured;
If applying to be included in the remediation category, a copy of the certificate documenting that the person has a valid Tennessee Contractor’s License with a Specialty Classification to perform remediation of hazardous substance or hazardous waste sites or the equivalent with a monetary limitation of at least $500,000;
A detailed organizational chart showing only the employee names and titles that will perform work under the DCERP, a description of the project organization relating to staff that will perform work under the DCERP, and an indication of which staff, by job title and location, will perform which services;
A resume for each person listed on the organizational chart and submitted as follows:

(i) All resumes must be organized in sections by office location so that it is clear which personnel work from which office location;

(ii) All resumes must include, at a minimum, the following information:

(I) A description of the education of the person including the school and year graduated, degree and major area of study, and specialized training including, but not limited to, health and safety training;

(II) The current position, title, and applicable licenses and registrations which the person holds. For example, if a person is listed on the organizational chart as an engineer, that person must have a Tennessee Professional Engineer License number or an Engineer Intern number listed on the resume. Any geologist listed on the organizational chart must have a Tennessee Geologist Registration number on the resume;

(III) A detailed employment history of the person including, but not necessarily limited to, the number of years and type of experience, description of job duties for each position held, and names of companies for which the individual has worked; and (IV) List the sites on which the employee worked and describe the activities and duties performed by the employee, such as facility inspections, investigation, or remediation activities related to contamination resulting from the release of dense non-aqueous solvents or products, excluding polychlorinated biphenyls (PCBs);

A description of the person’s DCAC experience that includes the following:

(i) If the person desires to be approved to perform facility inspections, descriptions of a minimum of three different facility inspections or facility audits performed by the current person’s staff during the past three years at facilities which use or have on-site dense non-aqueous solvents or products, excluding PCBs;

(ii) If the person desires to be approved to perform investigations at sites in the DCERP, descriptions of a minimum of three different investigations of contamination resulting from the release of dense non-aqueous solvents or products, excluding PCBs, in soil or groundwater, which current company staff has performed in the past three years;

(iii) If the person desires to be approved to perform remediation phase work at sites in the DCERP, descriptions of a minimum of three different soil or groundwater remediation projects involving contamination resulting from the release of dense non-aqueous solvents or products, excluding PCBs, which current company staff have performed in the past three years.

Remediation phase work includes, but is not limited to, preparing work plans and cost estimates for remedial phase work; designing, conducting, and evaluating remedial pilot tests and associated data findings; writing and amending Remedial Alternatives Study reports or other remediation phase documents that may be requested by the Commissioner; designing, conducting, evaluating, and monitoring full-scale remediation site work; and implementing full-scale plans of remediation;

(iv) If a person desires to be approved for a combination of facility inspection, site investigation, and site remediation, a minimum of three sites for each category for which the person is applying; and (v) In these descriptions, state the duties performed, type of facility inspected, contaminants investigated or remediated, results of the inspection, investigation or remediation, and other pertinent information which would show the person’s competency in inspection, investigation and remediation of contamination resulting from the release of dense non-aqueous solvents or products, excluding PCBs.

(I) Only include sites worked by personnel who will work on sites in the DCERP.

(II) Indicate the personnel who performed the inspection, investigation, or remediation, describe their job duties, and limit the discussion to two typed pages per site per category;

Letters of recommendation for two sites described in part 7. of this subparagraph from clients describing the following:

(i) If the person is applying to be approved for drycleaner inspection activities, facility inspection or facility audit activities at the site and the clients’ opinions of the quality of work performed by the person’s personnel;

(ii) If the person is applying to be approved for investigation activities, investigation activities at the site and the clients’ opinions of the quality of work performed by the person’s personnel; and/or (iii) If the person is applying to be approved for remedial activities, remediation activities at the site and the clients’ opinions of the quality of work performed by the person’s personnel;

(Note: If letters of recommendation are unavailable, other approved forms of verification can be substituted at the Commissioner’s discretion.)

If the person, its officers, its principals, or any of the employees referenced in this subparagraph have previously been removed from the DCAC list, have been the subject of any professional license revocation or suspension proceeding, or have been assessed a civil penalty for violation of any environmental law in Tennessee or comparable law in another jurisdiction, a description of the circumstances, including the reason(s) for such action and the response action(s) taken by the person to assure there will not be similar problems in the future; and 10. A notarized statement, sworn by an executive officer or principal of the person including the following provisions:

(i) Neither the person nor any of the person’s officers, principals, and employees have been convicted of, pled guilty to, or pled nolo contendere to violating any of the following or comparable environmental law in another jurisdiction:

(I) Environmental Vandalism (T.C.A. § 39-14-408);

(II) Illegal Disposal of Hazardous Waste (T.C.A. § 68-212-114);

(III) Solid Waste Dumping (T.C.A. § 68-211-114);

(IV) Air Pollution (T.C.A. § 69-201-112);

(V) Water Pollution (T.C.A. § 69-3-115);

(VI) Destruction of Aquatic Life or Habitat (T.C.A. § 70-4-206);

(VII) Polluting of Drinking Water Supply (T.C.A. § 68-221-713);

(VIII) Leaking Underground Petroleum Storage Tanks (T.C.A. § 68-215- 120); or (IX) Knowingly gives or causes to be given any false information in any report, records, or documents (T.C.A. § 68-212-213);

(ii) Neither the person nor any of the person’s principals, officers, and employees have been convicted of, pled guilty to, or pled nolo contendere to any of the following or a comparable law in another jurisdiction:

(I) Tampering with or fabricating evidence (T.C.A. § 39-16-503);

(II) Destruction of and tampering with governmental records (T.C.A. § 39-16-504);

(III) Destruction of valuable papers with the intent to defraud (T.C.A. § 39-14-130);

(IV) Forgery (T.C.A. § 39-14-114);

(V) Theft of services (T.C.A. § 39-14-104); or (VI) Theft of property (T.C.A. § 39-14-103);

(iii) Neither the person nor any of the person’s principals, officers, and employees has been found guilty in a court of competent jurisdiction of falsification of data or issuing fraudulent invoices;

(iv) The person understands that reimbursement from the DCERF will be in accordance with the reasonable rate schedule as established by the Commissioner; and (v) The person and its personnel have the licenses and registrations required by the State of Tennessee to perform the activities that the contractor proposes to perform.

(b) DCAC Registration Fee 1. A non-refundable registration fee of $500 shall be submitted with the application if the person is applying to be in one category of the DCAC list. A non-refundable fee of $750 shall be submitted if the person is applying to be in more than one category on the DCAC list.

A person with more than one office location may either submit one combined DCAC application for all office locations under a single registration fee, or the person may submit a separate DCAC application for each office location. Should one office location be disqualified by the Commissioner from being a DCAC, any other offices that were included in a multiple-office DCAC application package under one registration fee would then be disqualified from being a DCAC.

(c) A person who demonstrates to the Commissioner’s satisfaction that the person has: successfully performed significant past activities in facility inspection, investigation, or remediation of contamination resulting from the release of dense non-aqueous solvents or products, excluding PCBs, through the site descriptions and letters of reference required in this rule; not violated environmental or other laws referenced in the sworn statement; paid the appropriate fee; and completed the other requirements listed in subparagraphs (a) and (b) of this paragraph shall be included in the next published DCAC list in the appropriate category(ies) following receipt by the Commissioner of the required insurance certificate. For initial evaluation to become a DCAC, it shall be assumed by the Commissioner that if a person has sufficient experience and qualifications to perform investigation or remediation activities at sites contaminated by dense non-aqueous solvents or products, excluding PCBs, then the person has sufficient qualifications to perform comparable activities at sites contaminated with Stoddard or other drycleaning solvents. If the person, its officers, its principals, or any of the employees referenced in subparagraph (a) of this paragraph have previously been removed from the DCAC list or have been the subject of any professional license revocation or suspension, or have been assessed a civil penalty for violation of any environmental law in Tennessee or comparable law in another jurisdiction, the person shall also be required to demonstrate to the satisfaction of the Commissioner that the circumstances, including the reason(s) for such actions, have been corrected and will not reoccur. A person who is not approved as a DCAC may appeal the Commissioner’s determination to the Commissioner; however, the appeal must be filed within 30 days of the person’s receipt of the Commissioner’s certified letter notifying the person of non-approval.

(d) Prior to October 31 of each year, each DCAC shall submit a renewal application including the following and other information requested by the Commissioner on the renewal application:

List of personnel who will work on sites in the DCERP in the upcoming year, and for each person on the list include the job title, job descriptions, office location, and telephone number. For employees who have not had a resume submitted to the DCERP on a previous application and personnel who have either received or lost licenses or registrations, submit resumes as described in subparagraph (a) of this paragraph.
A valid insurance certificate showing insurance required by this chapter.
A non-refundable fee of $200 if the person is renewing as a DCAC in one category and a non-refundable fee of $350 if the person is renewing as a DCAC in two or more categories.
For a licensed contractor in the DCAC remediation category, also include documentation of a valid contractor’s license to perform hazardous waste or hazardous substance site remediation or the equivalent with a monetary limitation of at least $500,000.

(5) To remain on a list of DCACs:

(a) The DCAC shall abide by and comply with the terms of any contract entered into with the owner or operator of a facility or impacted third party.

(b) The DCAC shall have written contract(s) with all contractors/subcontractors.

Contract(s) between the DCAC and contractors/subcontractors shall also contain provisions that all site workers working under authority of contractors/subcontractors shall have applicable health and safety training when required by the Tennessee Department of Labor or Occupational Safety and Health Administration (OSHA).

(c) Site workers employed by the DCAC or its subcontractors shall have the applicable health and safety training when required by the Tennessee Department of Labor or OSHA.

(d) The DCAC shall have a written contract with the owner or operator of the facility or impacted third party at each DCERF eligible site, and the contract shall contain the following sentences conspicuously located on the first page of the contract:

“[DCAC Name] will/will not (mark one) use the drycleaner environmental response program’s reasonable rate schedule when invoicing [insert name of drycleaner owner, operator, or impacted third party] for expenses incurred in the investigation and/or cleanup of this site. On behalf of [Applicant’s Name], [DCAC Name] will prepare and submit timely reimbursement requests in accordance with Chapter 0400-15-03, including subparagraph (7)(d) of Rule 0400-15-03-.08.

On behalf of [Applicant’s Name], [Person’s Name] will prepare and submit timely reimbursement requests in accordance with DCERP rules including subparagraph (7)(d) of Rule 0400-15-03-.08 which allows applications for payment to be submitted 60 days following initiation of work and at 60 day intervals thereafter in addition, subparagraph (7)(f) of Rule 0400-15-03-.08 requires that in order to be eligible for payment from the drycleaner environmental response fund, a reimbursement request must be received, by the drycleaner environmental response program, within one year from the date expenses were incurred regardless of the duration of the work phase.

(e) The DCAC’s services will be performed in a manner consistent with the level of care and skill ordinarily exercised by members of their profession practicing in the State of Tennessee, under similar conditions, and at the time the services were rendered. The DCAC shall not knowingly, willfully, or recklessly cause the spread of contamination nor inhibit response action at the site.

(f) The DCAC will perform activities consistent with this chapter.

(g) For at least five years after response actions have been completed for a site, the DCAC shall keep and preserve:

Detailed records that demonstrate compliance with approved investigative and response action plans; and 2. All invoices and financial records associated with costs for which reimbursement is or will be requested.

(h) The DCAC shall follow methods and procedures established by the DCERP for facility inspection, oversight of remediation, investigation, and remediation of sites. The DCAC shall collect, gather, compile, and maintain documentation requested by the Commissioner.

(i) Unless otherwise specifically approved by the Commissioner in writing, the following shall apply. All work done by the DCAC shall have the prior approval of a Registered Professional Engineer or Professional Geologist who is registered with the Tennessee Department of Commerce and Insurance, and the work shall be performed as specified according to a plan approved by the Commissioner. All plans and reports submitted to the Commissioner shall be prepared and signed by the Registered Professional Engineer or Professional Geologist who prepares or is responsible for the plan or report. A Registered Professional Engineer or Professional Geologist shall make periodic site visits to verify whether the work performed is as specified by the Registered Professional Engineer or Professional Geologist and according to a plan approved by the Commissioner. The DCAC shall require a Registered Professional Engineer or Professional Geologist to submit a signed certification based on their personal observation and review of job site records stating whether the work is performed as directed by the Registered Professional Engineer or Professional Geologist and whether the work is performed in accordance with a plan approved by the Commissioner. If the work is not performed according to the plan approved by the Commissioner, the certification shall include a listing of how the work performed varies from the approved plan, the authorization of the Registered Professional Engineer or Professional Geologist, and the specific reason for each variation. The certification for the appropriate phase of work shall be submitted with the report describing that phase of the work including, but not necessarily limited to, investigation reports, remediation reports, and as-built drawings.

(j) The DCAC shall have all applicable license(s) and registration(s) required in the State of Tennessee and the local government where any work is performed;

(k) The DCAC shall maintain liability insurance coverage of the types and with the minimum amounts described in parts 1. through 6. of this subparagraph, or the equivalent. The DCAC shall provide certification, with the Department listed as an additional insured on the DCAC’s certificate of insurance, to the Commissioner of such coverage during the initial application process and yearly with the renewal application thereafter, or more frequently as necessary to keep the Commissioner updated as to the DCACs current insurance coverage. A lapse of required insurance coverage is sufficient cause for removal of the person from DCAC status and makes the DCAC ineligible for any reimbursements for work performed without insurance coverage.

Insurance shall be through an insurance company or companies approved to do business in the State of Tennessee and shall be in effect prior to the person becoming a DCAC. The insurance shall be written in a comprehensive form, to the Commissioner’s satisfaction. The general liability and pollution insurance policies shall have the Department named as an additional insured on Contractor’s policies, and these policies shall have endorsements for a waiver of subrogation between the Contractor and the Department.

Worker’s Compensation:

(i) State Statutory (ii) Employer’s Liability $500,000 (Without restriction as to whether covered by Workmen’s Compensation Law)

Comprehensive General Liability (including Premises - Operations: Independent Contractor’s Protective: Products and Completed Operations; Broad Form Property Damage; contractual):

(i) Combined single limits for bodily injury and property damage: $1,000,000 Each Occurrence $2,000,000 Aggregate (ii) Products and Completed Operations to be maintained for one year after final payment.

(iii) Property Damage Liability insurance shall include coverage for perils of explosion, collapse, and underground hazard.

(iv) Comprehensive General Liability shall apply per job.

For DCACs qualifying in the contractor categories for investigation activities or remediation activities, pollution insurance for bodily injury and property damage: $1,000,000 Each Occurrence $2,000,000 Aggregate For DCACs who will only conduct work in the facility inspection or remediation oversight contractor categories, the pollution insurance requirement does not apply.
Personal injury: $1,000,000 Each Occurrence $2,000,000 Aggregate 5. Comprehensive Automobile Liability:

(i) Split limits of $500,000 (bodily injury per person)/$1,000,000 (bodily injury per occurrence)/$250,000 (property damage per occurrence); or (ii) Combined single limits for bodily injury and property damage: $1,000,000 Each Occurrence 6. The DCAC shall require that all subcontractors that perform site work shall be covered by insurance to the limits stated in this subparagraph. Upon request, the DCAC shall secure a copy of said insurance policy for the Department.

(l) Once the DCAC receives a stop work notice, the DCAC shall file no additional plans, scopes of work, or cost estimates to the DCERP unless the stop work is removed by the Commissioner.

(m) The DCAC shall submit timely annual registration renewal applications as required by subparagraph (4)(d) of this rule.

(n) If it becomes reasonably apparent while conducting environmental response activities that an interim action is warranted to abate or mitigate an actual or threatened release or exposure pathway, the DCAC shall take such action within 24 hours after discovery of the danger and shall provide notice to the applicant and the Commissioner of the interim action.

(6) A DCAC may be removed from the DCAC list if the DCAC, its principals, officers, or employees has done any of the following:

(a) Violates these rules;

(b) Charged the DCERP, the owner or operator of the facility, or impacted third party for work that was not performed;

(d) Fails to maintain the required insurance in subparagraph (5)(k) of this rule;

(e) Files an inaccurate DCERF reimbursement request with errors in personnel titles, rates, activities performed, equipment used, material used, or other items which cause or would cause an overpayment of DCERF money to the DCAC;

(f) Misrepresentation of environmental conditions concerning the site; unreasonable delaying submittal of pertinent site data and information; filing or reporting of false, misleading, or inaccurate information with the Commissioner; or any intentional actions which significantly impedes the Commissioner’s ability to properly evaluate the site or determine appropriate response actions for that site;

(g) Has been the subject of any professional license discipline, or has been assessed a civil penalty for violation of any environmental law in Tennessee or comparable law in another jurisdiction;

(h) Has been convicted of, pled guilty to, or pled nolo contendere to violating any of the following or comparable environmental law in another jurisdiction;

Environmental Vandalism (T.C.A. § 39-14-408);
Illegal Disposal of Hazardous Waste (T.C.A. § 68-212-114);
Solid Waste Dumping (T.C.A. § 68-211-114);
Air Pollution (T.C.A. § 69-201-112);
Water Pollution (T.C.A. § 69-3-115);
Destruction of Aquatic Life or Habitat (T.C.A. § 70-4-206);
Polluting of Drinking Water Supply (T.C.A. § 68-221-713);
Leaking Underground Petroleum Storage Tanks (T.C.A. § 68-215-120); or 9. Knowingly gives or causes to be given any false information in any report, records, or documents (T.C.A. § 68-212-213);

(i) Has been convicted of, pled guilty to, or pled nolo contendere to violating any of the following or a comparable law in another jurisdiction;

Tampering with or fabricating evidence (T.C.A. § 39-16-503);
Destruction of and tampering with governmental records (T.C.A. § 39-16-504);
Destruction of valuable papers with intent to defraud (T.C.A. § 39-14-130);
Forgery (T.C.A. § 39-14-114);
Theft of services (T.C.A. § 39-14-104);
Theft of property (T.C.A. § 39-14-103);
Fraud.

(j) Is found to have engaged in the unauthorized practice of engineering, contracting, or geology under T.C.A. §§ 62-2-101 to -110, T.C.A. §§ 62-6-101 to -139, or T.C.A. §§ 62- 36-101 to -122, or a comparable law in another jurisdiction by the appropriate regulatory agency or court;

(k) Performs a non-approved action that increases costs for the DCERF, the drycleaner operator, or the impacted third party;

(l) Files three plans that are rejected by the Commissioner as deficient or fails to correct a plan based on comments from the Commissioner without supplying acceptable explanation to the Commissioner;

(m) Files plan(s) or report(s) that do not bear the appropriate signature and Tennessee registration number of a Registered Professional Engineer or Professional Geologist;

(n) Deviates from a plan or scope of work as approved by the Commissioner without the approval of the Commissioner. This includes, but is not limited to, the following:

Failure to follow quality assurance and quality control approved in the plan;
Failure to follow the schedule for implementation approved in the plan; or 3. Failure to perform the activities listed or described in the plan.

(o) Fails to submit a complete renewal application by December 31 in the format required by the Department;

(p) Performs work at a site in the DCERP after a stop work or termination date established by the Commissioner;

(q) Fails to perform activities required in this chapter or allows activities required in these rules to not be performed;

(r) Fails to demonstrate the skills, techniques, procedures, or knowledge necessary to perform DCAC work in accordance with this chapter;

(s) Performs work in a category in which the DCAC is not approved;

(t) Fails to submit timely reports or reimbursement requests to the Commissioner; or (u) Has been found guilty in a court of competent jurisdiction of falsification of data or issuing fraudulent invoices.

(7) The process for removing a person from the DCAC list shall be as follows:

(a) The review process shall be initiated when a complaint is referred to the Commissioner or the Commissioner determines the person’s activities as a DCAC should be evaluated.

(b) The Commissioner shall inform the person via certified mail that the person’s activities as a DCAC under the DCERP are to be reviewed. The person shall submit to the Commissioner a list of all sites where the person is performing DCERF eligible work, and the person shall cooperate with the Commissioner in any and all ways requested by the Commissioner. The Commissioner shall perform its investigation and notify the person of the findings.

(c) The Commissioner may request the person to appear at a meeting to show cause why the Commissioner should not remove the person from the DCAC list.

(d) The person may request a meeting with the Commissioner.

(e) The Commissioner shall notify the person of the Commissioner’s decision by sending a certified letter to the last known address of person on file with the DCERP. If the Commissioner determines that removal of the person from the DCAC list is warranted:

The certified letter sent by the Commissioner to the person shall specify a date to terminate work on DCERF eligible sites. After the stop work date, no activities performed by the company on any DCERP site shall be DCERF reimbursable unless the company appeals to the Commissioner, and the Commissioner determines to allow the person to continue as a DCAC, or the person reapplies to the Commissioner, and is accepted by the Commissioner.
The person shall have 30 days from the person’s receipt of the Commissioner’s certified letter notifying the person of removal from the list of DCACs to request an appeal. If the person does not appeal within the required time period, the decision of the Commissioner shall be final. An appeal to the Commissioner will stay the removal of the person from the DCAC list. However, an appeal to the Commissioner shall not prohibit the Commissioner from terminating or preventing the DCAC from working on DCERF eligible sites during the appeal process, and any work performed after the termination date and during said termination shall not be DCERF eligible whether or not the person remains on the DCAC list following appeal.
The Commissioner shall notify all sites which the person identified as DCERF reimbursable sites of the stop work date and that the person’s work after the stop work date is not eligible for reimbursement from the DCERF unless otherwise notified by the Commissioner.

(f) If a person is removed from the list, other DCACs with common officers or principals shall be reviewed to determine whether to remove those DCACs from the DCAC list.

(g) If a person is removed from the DCAC list, the person or a person with any of its principals or officers cannot reapply for a period of one year from date of removal. If a person is removed as a result of conviction of, pled guilty to, or pled nolo contendere to a violation of an environmental law listed in subparagraph (6)(h) of this rule or other violations listed in subparagraph (6)(i) of this rule, the person and any of its officers or principals who were convicted, pled guilty, or pled nolo contendere shall not reapply to become a DCAC under the person’s name or any other entity.

(8) The DCAC list shall have a category which lists the number of times a person has been removed from the DCAC list. If a person, its principals, or its officers are removed from the list three times, then the person, its principals, and its officers are not eligible to reapply for addition to the DCAC list.

(9) The initial application, renewal applications, plans and reports, and DCERF reimbursement requests shall include the following certification:

“I certify under penalty of law, including but not limited to penalties for perjury, that the information contained in this (select one or another term as appropriate: application, form, report, study) and on any attachments, is true, accurate and complete to the best of my knowledge, information, and belief. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for intentional violations.”

(10) The appearance of a person on the DCAC list shall in no way establish liability or responsibility on the part of the Commissioner, the DCERF, or the State of Tennessee regarding the services provided by the person or circumstances that may occur as a result of such services. Furthermore, the appearance on the DCAC list is not an endorsement by the Department or State of Tennessee for the person to perform any services outside of the DCERP.

(11) A person working as a subcontractor under contract to a DCAC is not required to be classified as a DCAC. The subcontractor must maintain all applicable license(s) and registration(s) required in the state of Tennessee for work performed. The DCAC must ensure that subcontractors performing remediation activities have a valid Tennessee Contractor’s License with a Specialty Classification to perform remediation of hazardous substance or hazardous waste sites or the equivalent with a monetary limitation of at least $500,000.

(12) The DCAC must be the lead contractor and cannot be a subcontractor to a non-DCAC functioning as the primary contractor. For sites with multiple DCACs, the program shall consider the DCAC with the qualifications for that particular work phase to be the primary DCAC.

(13) A DCAC may employ the environmental professional labor services of contractors or individuals who are not recognized by the Commissioner as a DCAC. In such cases, however, the qualifications of any staff that are used on a subcontracted basis shall be provided to the DCERP for review. The DCAC remains responsible for the work that is done by any staff under its employ, including subcontracted staff. The Commissioner also requires that any subcontracted professional labor services be billed through the DCAC and not billed to the DCERP or to the applicant separately or directly by any subcontracted labor entity.

(14) It is the responsibility of DCACs to seek written clarification from the DCERP concerning whether Commissioner-issued approvals of work plans, project budgets, or other such items submitted by one DCAC to the DCERP are transferable with no modifications to another DCAC. Such situations can occur when there is a change in DCAC during the course of a project. The DCERP does not consider work plans, project budgets, and other similar items to automatically remain in force and transfer ‘as-is’ over to the new DCAC when a change in DCAC occurs.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective May 28, 2024.

Tenn. Comp. R. & Regs. 0400-15-03-.10 ENFORCEMENT

(1) Issuance of Order (a) The Commissioner may enforce the provisions of the Act and this chapter by issuing to a person an order for payment of any appropriate fees, surcharges, and penalties authorized under the Act, and the order shall be complied with within the time limit specified. Such order shall be delivered by personal service or shall be sent by certified mail, return receipt requested.

(b) The Commissioner may enforce the provisions of the Act and this chapter by issuing to a person an order to revoke a facility’s Certificate of Registration or withhold reissuance for failure to follow the Best Management Practices in Rule 0400-15-03-.04 or for any other willful noncompliance with the Act and this chapter. Such order shall be delivered by personal service or shall be sent by certified mail, return receipt requested.

(c) The Commissioner may enforce the provisions of the Act and this chapter by issuing to a person an order to withdraw any favorable determination concerning an application for entry into the program. Such order shall be delivered by personal service or shall be sent by certified mail, return receipt requested.

(2) Appeal of Order Any person against whom an order is issued may secure a review of the reasonableness, propriety, or amount of such order by filing with the Commissioner a written petition setting forth the grounds and reasons for the objection and asking for a hearing before the Commissioner. Any such order shall become final and not subject to review unless a petition is filed within 30 days after its receipt. Any hearing before the Commissioner on any petition filed under this paragraph shall be conducted as a contested case and shall be heard before an administrative judge sitting alone pursuant to T.C.A. §§ 4-5-301(a)(2) and 4-5-314(b).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.
Administrative History: Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective May 28, 2024.

Chapter 0400-15-04 Use of Soil Containing a Hazardous Substance

Tenn. Comp. R. & Regs. 0400-15-04-.01 USES OF SOIL CONTAINING A HAZARDOUS SUBSTANCE EXCAVATED FROM

VOAP SITES.

(1) Purpose, applicability, and definitions.

(a) The purpose of this rule is to minimize the risks to public health, safety, and the environment when soil categorized as Category 2 soil in accordance with subparagraph (2)(b) of this rule is or has been excavated, at sites participating in the Brownfields Projects Voluntary Cleanup Oversight and Assistance Program (VOAP), and used outside the area of contamination from which the soil was removed in compliance with this rule.

(b) Unless otherwise defined in this subparagraph, the definitions found in Rule 0400-15-01- .02 shall apply when those terms are used in this chapter. In addition, when used in this

chapter, the following terms have the meanings given below:

“Contractor” means any person, other than the soil generator or the recipient of the soil for use, who takes possession of the soil or takes responsibility for the management of the soil for use that is subject to this rule.
“Recipient” means the person(s) responsible for implementing the soil use plan at the receiving site.
“Soil” means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with vegetative matter (e.g., leaves, limbs, roots), construction or demolition debris (e.g., pieces of brick, concrete, wood, glass, metal), or other materials that is made up predominately of soil by volume based on visual inspection.
“Soil generator” means the person(s) responsible for soil being excavated for removal and used outside the area of contamination from which the soil was removed.

(c) Unless subparagraph (d) of this paragraph provides otherwise, this rule applies to soil that contains, or that may reasonably be anticipated to contain, a hazardous substance or substances and that is used outside the area of contamination from which the soil was removed. Soil from a property may reasonably be anticipated to contain a hazardous substance or substances if historic land use, previous spills or releases, analytical test results, professional judgment, a recognized environmental condition (consistent with a Phase 1 Environmental Site Assessment), or other reliable information suggests a hazardous substance or substances may be present.

February, 2026 2 (d) This rule does not apply to soil:

Used within the area of contamination, as approved by the Commissioner; or 2. That is determined and documented by a registered professional engineer, registered professional geologist, environmental professional, or the Commissioner to be undisturbed and uncontaminated native soil prior to excavation.

(e) Use of soil outside the area of contamination from which the soil was removed is prohibited if the soil contains:

Polychlorinated biphenyls (PCBs) or PCB waste subject to regulation under the Toxic Substances Control Act, 15 U.S.C. §§ 2601-2697, and 40 C.F.R. part 761; or 2. A hazardous waste as defined by subparagraph (1)(c) of Rule 0400-12-01-.02 and that is subject to regulation under Chapter 0400-12-01, including waste subject to a conditional exemption.

(2) Soil categorization.

For the purposes of this rule, soil is categorized in accordance with the criteria of this paragraph:

(a) “Category 1 soil” is soil that is reasonably believed by a registered professional engineer, licensed professional geologist, or the Commissioner to contain a hazardous substance or substances, in concentrations:

Equal to or below natural background; or 2. (i) Below a Target Cancer Risk (TR)=1E-06 and Target Hazard Quotient (THQ)=0.1, which may be determined by reference to the applicable EPA Regional Screening Level (RSL) Residential Soil Table, or other scientifically defensible value approved by the Commissioner; and (ii) Below a soil to groundwater transfer value based on a dilution attenuation factor of one for chemicals included in the General Use Ground Water criteria established in paragraph (2) of Rule 0400-40-03-.08. This value may be determined by reference to the EPA RSL Resident Soil to Groundwater Tables based on the maximum containment level, or by applying another scientifically defensible method approved by the Commissioner. However:

(I) A dilution attenuation factor of 20 may be used if the soil to be used will cover less than 0.5 acres and the soil is not being placed directly on fractured bedrock or karst; or (II) A Toxicity Characteristic Leaching Procedure or Synthetic Precipitation Leaching Procedure may be used to determine if the soil has potential to leach to groundwater; and (iii) Of volatile organic compounds in soil gas below the then-current vapor intrusion screen levels that would require a vapor mitigation system.

February, 2026 3 (b) “Category 2 soil” is soil that contains a hazardous substance but does not meet the criteria established in subparagraph (a) of this paragraph for Category 1 soil.

(3) Soil characterization.

(a) Category 2 soil intended to be used outside the area of contamination from which the soil was removed must be characterized in accordance with subparagraph (b) of this paragraph.

(b) Testing Requirements.

Soil required by subparagraph (a) of this paragraph to be characterized must be sampled in accordance with part 2. of this subparagraph and analyzed in accordance with part 3. of this subparagraph.
Soil Characterization Plan Requirements.

(i) Except as allowed by subpart (iii) of this part, a soil characterization plan must be developed for the Commissioner’s prior approval in accordance with this subpart, unless comparable information acceptable to the Commissioner is already available:

(I) The soil characterization plan must:

I. Use statistical analysis, if applicable, to generate a statistically based representative concentration;

II. Contain at least 10 samples if statistical analysis using parametric upper limits (95% upper confidence limits) are used; if the plan contains fewer than 10 samples, then the highest concentration shall be used to determine potential risk;

III. Include, but not be limited to, an evaluation of the concentrations of contaminants, the physical and chemical nature of the contaminants, and the lateral and vertical distribution of contaminants in the soil; and IV. Describe the soil sampling collection procedure and handling prior to analytical laboratory testing, container and preservation information, field equipment information, decontamination procedures, and field screening techniques.

(II) At a minimum, the soil must be sampled as specified herein:

Volume of Soil Subject to the

Rule (Cubic Yards)

Number of Representative Samples for Laboratory Analysis 0 – 60 4 60 – 240 8 240 – 480 12 480 – 720 16 One additional sample shall be submitted for laboratory analysis for each additional 120 cubic yards of soil subject to this rule.

February, 2026 4 (ii) Samples must be representative of the soil that is intended for use and may include stockpile sampling and in situ sampling in accordance with items (I) and (II) of this subpart:

(I) Stockpile samples may be used to characterize soil. If compositing of samples is conducted and grid sampling is used, each sample must be comprised of a minimum of four subsamples collected randomly from within the stockpile. Compositing of stockpile samples is prohibited for volatile parameters. Stockpiles may be reconfigured to allow for adequate characterization.

(II) If in situ sampling is used, it must be performed using a grid that includes both the horizontal and vertical extent of the volume of soil subject to this rule. Samples collected vertically must ensure collection of differing soil types or physical characteristics.

(iii) A workplan proposing Incremental Sampling Methodology may also be submitted for review and approval by the Commissioner on a project-byproject basis.

Sample Analysis.

(i) Laboratory analysis must be in accordance with the EPA RCRA Manual, SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Office of Solid Waste and Emergency Response (Third Edition, revised per the May 2020 Status Table).

(ii) Samples must be analyzed for constituents that any due diligence evaluation of the historical use of the property identifies as potential contaminants.

Unless the Commissioner specifically determines otherwise, all samples must be analyzed for the metals listed in Table 1 in subparagraph (3)(e) of

Rule 0400-12-01-.02 and the analytes of SW-846 methods, 8260D Volatile organic compounds by Gas Chromatography/Mass Spectrometry If metals are identified as a contaminant of potential concern, at a minimum, antimony, beryllium, copper, nickel, thallium, and zinc shall be included in the analysis.

(4) Category 1 Soil.

The soil generator at VOAP sites and the recipient of Category 1 soil may use that soil outside the area of contamination from which the soil was removed without meeting any additional requirements of this rule.

(5) Category 2 Soil.

(a) Category 2 soil may be used outside the area of contamination from which the soil was removed provided that:

(i) The generating site and receiving site are both enrolled in the Brownfield Projects Voluntary Cleanup Oversight and Assistance Program (VOAP), in accordance with T.C.A. § 68-212-224; or (ii) The generating site is enrolled in the VOAP, in accordance with T.C.A. § 68- 212-224, and the receiving site is determined by the Commissioner to be a suitable location for the beneficial use of the soil in a manner that is not detrimental to public health, safety, or the environment, and is a project that February, 2026 5 meets a greater public need and where the soil is encapsulated after placement. Examples include, but are not limited to, an airport runway, public utility, public works, or roadway fill.
The Commissioner finds in writing that the proposed use of the soil will not adversely impact public health, safety, and the environment and approves the use of the soil at the receiving site; and 3. All of the following requirements are met:

(i) The soil generator and the recipient of the soil send a written acknowledgment to the Commissioner that liability protection will not be granted by the Commissioner for the Category 2 soils;

(ii) The soil generator:

(I) Develops a complete soil use plan in accordance with subparagraph (b) of this paragraph;

(II) Submits the soil use plan to the Commissioner for approval in accordance with subparagraph (c) of this paragraph; and (III) Complies with subparagraph (g) of this paragraph if the soil use plan requires modification; and (iii) The soil generator, contractor, and the recipient of the Category 2 soil comply with:

(I) The soil use plan completed in accordance with subparagraph (b) of this paragraph and with any modifications to the soil use plan made in accordance with subparagraph (g) of this paragraph; and (II) The additional management requirements of subparagraph (e) of this paragraph; and (iv) The sampling conducted in accordance with paragraph (3) of this rule, or any other sampling conducted in accordance with approved methods, does not document the presence of PCBs or hazardous waste as defined by subparagraph (1)(c) of Rule 0400-12-01-.02 that is subject to regulation under Chapter 0400-12-01.

(b) The soil generator proposing to have the Category 2 soil used outside the area of contamination from which the soil was removed must prepare a complete soil use plan containing the following information:

The name, address, and phone number of the soil generator and, if the soil generator is a business or governmental entity, the name, address, and phone number of a responsible official;
The name, address, and phone number of the contractor or contractors, as applicable;
A description of the soil proposed for use including:

(i) The manner in which it was or will be generated;

February, 2026 6 (ii) The quantity generated or an estimate of the quantity to be generated;

(iii) An estimate of the quantity of soil to be used off site;

(iv) The proposed off-site use intended for the soil, and (v) The proposed disposition of any remaining quantities of soil not planned for off -site use;

A certification that the soil is not prohibited from use by subparagraph (1)(d) of this

rule;

The results of the characterization of the soil performed in accordance with paragraph (3) of this rule;
A description of how the soil will be processed prior to use outside the area of contamination from which the soil was removed, if applicable, and how it will be transported to prevent:

(i) Any adverse impact to public health, safety, and the environment;

(ii) The creation of objectionable odors, dust, unsightliness, fire, or other nuisance conditions; and (iii) Releases of any hazardous substance from the soil into the environment;

If the soil is to be stored outside the area of contamination from which the soil was removed prior to use:

(i) The physical address of each area where the soil will be stored;

(ii) For each location, an estimate of quantity of soil to be stored and the maximum length of time, not to exceed one year, it will be stored before use by the recipient;

(iii) A description of how the soil will be managed during storage to prevent:

(I) Any adverse impact to public health, safety, and the environment, including but not limited to the release of soil to waters of the state;

(II) The creation of objectionable odors, dust, unsightliness, fire, or other nuisance conditions;

(III) Releases of any hazardous substance from the soil into the environment; and (IV) The soil being stored or stockpiled in manner that prevents additional contamination; and (iv) A description of how the soil will be managed in compliance with applicable erosion prevention and sediment control regulations;

A demonstration that the use of the soil will not adversely impact public health, safety, and the environment, including but not limited to:

February, 2026 7 (i) The intended destination of the soil and the destination’s current or anticipated land use;

(ii) Any potential releases of any hazardous substances from the soil into the surrounding environment;

(iii) The potential for the soil to adversely impact groundwater or other waters of the state at the receiving site;

(iv) If the soil contains a hazardous substance or substances that may volatilize, the potential for the soil to cause a vapor intrusion hazard; and (v) The creation of objectionable odors, dust, unsightliness, fire, or other nuisance conditions;

A description of any engineering controls and land use restrictions at the receiving site or that will be in place at the receiving site. If the controls or restrictions are not in place yet, then the timeline for their placement;
A description of where the soil will be placed at the receiving site or sites including coordinates;
A description of how the soil will be managed in compliance with applicable erosion prevention and sediment control regulations during placement and any planned construction activity at the receiving site;
The method to be used for keeping records to accurately report actual quantities of soil used in the project at the receiving site;
A schedule proposing the project initiation, major steps, and completion dates; and 14. Any documentation requested by the Commissioner that supports the determinations made, the information submitted in the plan or any proposed revision to the plan, or any other relevant information requested by the Commissioner.

The soil generator must submit to the Commissioner for approval a complete soil use plan and any other information needed to demonstrate that the use of the soil complies with this rule prior to the soil being used outside the area of contamination from which the soil was removed.
However, Category 2 soil may be taken outside the area of contamination from which the soil was removed and stored before a suitable destination site is identified provided the soil generator first submits to the Commissioner for approval the soil use plan required by subparagraph (b) of this paragraph containing:

(i) The information required by parts (b)1. through 7., 12., 13., and 14. of this paragraph prior to the soil being removed from the area of contamination for storage; and (ii) The information required by parts (b)8. through 11., and 14. of this paragraph prior to the soil being removed from storage to the receiving site.

February, 2026 8 (d) Upon completing review of the information submitted, the Commissioner will notify the applicant in writing that:

The use of the Category 2 soil has been approved and include any additional conditions the Commissioner deems necessary to prevent adverse impacts to public health, safety, and the environment; or 2. The use of the Category 2 soil has been denied upon a finding that the proposed use would result in unacceptable adverse impacts to public health, safety, or the environment.

(e) Upon receiving the Commissioner’s approval:

The soil generator and contractor must:

(i) Comply with the approved soil use plan and any modifications to the soil use plan approved in accordance with subparagraph (g) of this paragraph;

(ii) Manage the Category 2 soil until the time it is used, including any storage, transportation, or processing, consistent with the current soil use plan and with all other applicable federal, state, and local laws, ordinances, rules, and regulations; and (iii) Provide the soil use plan and any modifications to the soil use plan to the recipient of the Category 2 soil prior to the recipient receiving the soil.

The recipient of the Category 2 soil must:

(i) Use the soil consistent with the approved soil use plan, any approved modifications to the soil use plan, and with any appropriate and applicable engineering standards, commercial standards, and agricultural or horticultural practices; and (ii) Use the soil in compliance with all applicable federal, state, and local laws, ordinances, rules, and regulations.

(f) The Commissioner may require that a notice of land use restrictions be recorded in accordance with T.C.A. § 68-212-225 on the deed to the receiving site where the Category 2 soil is used.

(g) Modification of the soil use plan for Category 2 soil requested by the soil generator, contractor, or recipient, with the written consent of the soil generator, may be made at any time, provided the modified plan continues to demonstrate compliance with the requirements of subparagraph (b) of this paragraph and is submitted in accordance with subparagraph (c) of this paragraph. The soil use plan is not considered modified until it is approved by the Commissioner in writing.

(h) The Commissioner may modify or revoke a Category 2 soil use approval if the Commissioner determines that:

The soil use plan and any other information submitted at the Commissioner’s request contained material misrepresentations or false statements;
The Category 2 soil has been stored for more than length of time specified in the soil use plan approved by the Commissioner;

February, 2026 9 3. The Category 2 soil has not been managed or used as approved by the Commissioner; or 4. Based on new information or changed conditions, the Commissioner determines that the use of the Category 2 soil has a reasonable potential to cause an adverse impact to public health, safety, welfare, or the environment.

(6) If the Commissioner determines that the soil subject to this rule was used in a manner that does not meet all the requirements of this rule, then pursuant to T.C.A. §§ 68-212-213 and 68- 212-215, the Commissioner may assess civil penalties and require corrective action. In addition, failure to comply with the conditions of this rule will subject Category 2 soil to the applicable requirements of Chapter 0400-11-01.

(7) The Commissioner is authorized to recover the Department’s oversight costs associated with implementing this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-212-201, et seq.
Administrative History: New rule filed November 10, 2025; effective February 8, 2026.

0400-18 Division of Petroleum Underground Storage Tanks

Chapter 0400-18-01 Underground Storage Tank Program (Renumbered from 1200-01-15)

Tenn. Comp. R. & Regs. 0400-18-01-.01 except as otherwise provided for in subparagraph (2)(b) of Rule 0400- 18-01-.01. However, the requirements of this rule do not apply to those tanks owned by state and federal entities whose debts and liabilities are the debts and liabilities of a state or the United States.

(b) All applications for payment of costs of cleanup shall be received by the Division within one year of the performance of the task or tasks covered by that application in order to be eligible for payment from the fund pursuant to T.C.A. § 68-215-111(f)(8).

(3) Fund eligibility requirements.

(a) Except as provided for in subparagraph (b) of this paragraph, release occurrences will be fund eligible if the Division has received notification registering the tank prior to the release occurrence.

(b) For airport hydrant fuel distribution systems and UST systems with field-constructed tanks required to meet the requirements of Rule 0400-18-01-.17, satisfying the requirements of this subparagraph will establish fund eligibility for release occurrences after October 13, 2021:

Comply with subparagraph (1)(c) of Rule 0400-18-01-.17;
Demonstrate through a Division-approved site check, conducted in accordance with Division guidance, that there have been no releases from the UST system(s) at this site or that prior releases at the site would not interfere with the discovery of a new release at the site; and 3. The Division will conduct an inspection of the petroleum site and underground storage tank systems. Any noted deficiencies or violations discovered by Division personnel during this inspection shall be corrected, to the satisfaction of the Division, within 45 days, or such other time period as the Division may allow, of the date of the notice of such deficiencies to the tank owner or operator or petroleum site owner.

(c) Within 30 days of the date the Division determines the requirements to establish fund eligibility have been met in accordance with subparagraph (b) of this paragraph, the Division will notify the tank owner or operator or petroleum site owner of the date that fund eligibility was established. The fund will not cover either investigative or corrective action costs or third-party liability claims associated with a release that occurred during the time of fund ineligibility.

(d) Except as provided for in subparagraph (5)(d) of this rule, before the tank owner or operator or petroleum site owner will receive fund benefit, the applicable deductible amount shall be expended as approved costs by the tank owner or operator or petroleum site owner. The applicable deductible amount is set forth in subparagraph (6)(b) of this rule.

(e) The tank owner or operator or petroleum site owner shall timely submit an Application for Fund Eligibility to the Division before the applicable deadline set forth in T.C.A. § 68-215-111(f)(7) and in subparagraph (4)(b) of this rule. Failure to comply with the applicable deadline shall make the release ineligible for reimbursement from the fund.

(4) Fund ineligibility.

(a) If the Division determines that fund eligibility was not established at the time of discovery of a release in accordance with subparagraph (3)(a) or (b) of this rule, corrective action costs and third-party damages associated with that release are not eligible for reimbursement by the fund.

(b) If there is evidence of a suspected release or a confirmed release on or after July 1, 2004, that release shall be ineligible for reimbursement from the fund if an Application for Fund Eligibility is not timely filed in accordance with the following:

An Application for Fund Eligibility shall be filed with the Division within 90 days of the discovery of evidence of a suspected release that is subsequently confirmed in accordance with Rules 0400-18-01-.04 or 0400-18-01-.05. The 90 days shall start on the day the evidence of the suspected release is discovered.
An Application for Fund Eligibility shall be filed with the Division within 60 days of a release that was identified in any manner other than the process for confirmation of a suspected release in accordance with Rule 0400-18-01-.04 or

Tenn. Comp. R. & Regs. 0400-18-01-.02 .

Hydrant pits – visually check for any damage; remove any liquid or debris; and check for any leaks, and 2. Hydrant piping vaults – check for any hydrant piping leaks.

(d) Release detection. On or before three years after the effective date of this rule, owners and/or operators of UST systems with field-constructed tanks and airport hydrant systems must begin meeting the release detection requirements described in this subparagraph.

Methods of release detection for field-constructed tanks. Owners and/or operators of field-constructed tanks with a capacity less than or equal to 50,000 gallons must meet the release detection requirements in Rule 0400-18-01-.04.

Owners and/or operators of field-constructed tanks with a capacity greater than 50,000 gallons must meet either the requirements in Rule 0400-18-01-.04 or use one or a combination of the following alternative methods of release detection:

(i) Conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate;

(ii) Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to one gallon per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every three years;

(iii) Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to two gallons per hour. This method must be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every two years;

(iv) Another method approved by the Division if the owner and/or operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in part (d)1.(i) through (iii) of this paragraph. In comparing methods, the Division shall consider the size of release that the method can detect and the frequency and reliability of detection.

Methods of release detection for piping. Owners and/or operators of underground piping associated with field-constructed tanks less than or equal to 50,000 gallons must meet the release detection requirements in Rule 0400-18-01-.04.

Owners and/or operators of underground piping associated with airport hydrant systems and field-constructed tanks greater than 50,000 gallons must follow either the requirements in Rule 0400-18-01-.04 or use one or a combination of the following alternative methods of release detection:

(i) Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with the table below:

MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME

Test section volume (gallons)

Semiannual test – leak detection rate not to exceed (gallons per hour)

Annual test – leak detection rate not to exceed (gallons per hour) < 50,000 1.0 0.5 ≥ 50,000 to <75,000 1.5 0.75 ≥ 75,000 to <100,000 2.0 1.0 ≥ 100,000 3.0 1.5 (ii) Piping segment volumes ≥ 100,000 gallons not capable of meeting the maximum 3 gallon per hour leak rate for the semiannual test or maximum 1.5 gallon per hour leak rate for the annual test may be tested at a leak rate up to 6 gallons per hour according to the following schedule:

PHASE IN FOR PIPING SEGMENTS ≥ 100,000 GALLONS IN VOLUME

First test No later than three years after the effective date of this rule (may use up to 6.0 gph leak rate)

Second test Between three years after the effective date of this rule and six years after the effective date of this rule (may use up to 6.0 gph leak rate)

Third test Between six years after the effective date of this rule and seven years after the effective date of this rule (must use 3.0 gph for leak rate)

Subsequent tests After seven years after the effective date of this rule, begin using semiannual or annual line testing according to the Maximum Leak Detection Rate Per Test Section Volume table in subpart (i) of this part.

(iii) Another method approved by the Division if the owner and/or operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subparts (i) and (ii) of this part. In comparing methods, the Division shall consider the size of release that the method can detect and the frequency and reliability of detection.

Recordkeeping for release detection. Owners and/or operators must maintain release detection records according to the recordkeeping requirements in paragraph (5) of Rule 0400-18-01-.04.

(e) Applicability of closure requirements to previously closed UST systems. When directed by the Division, the owner and/or operator of a UST system with field-constructed tanks or airport hydrant systems permanently closed before three years after the effective date of this rule must assess the excavation zone and close the UST system in accordance with the closure procedures in Rule 0400-18-01-.07 if releases from the UST may, in the judgment of the Division, pose a current or potential threat to human health and the environment.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed July 3, 2018; effective October 13, 2018.

Tenn. Comp. R. & Regs. 0400-18-01-.03 . Notice to the Division is not required when replacing a designated Class C Operator.

(g) It is unlawful to operate a petroleum UST facility without designated Class A, Class B, and Class C Operators.

(4) Retraining If the Division determines that the UST system is out of compliance at any time, then successful completion of operator retraining appropriate to the level of the operator Class must be completed within 30 days from the date the Division determines that the UST system is out of compliance, except in one of the following situations:

(a) Class A and Class B operators take annual refresher training. Refresher training for Class A and Class B operators must cover all applicable requirements appropriate to the level of the operator Class; or (b) The Division may, at its discretion, waive this retraining requirement for either the Class A or Class B operator or both.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Repeal and new rule filed June 28, 2012; effective September 26, 2012. Amendments filed July 3, 2018; effective October 13, 2018. Amendments filed October 27, 2025; effective January 25, 2026.

Tenn. Comp. R. & Regs. 0400-18-01-.04 are not required as long as the UST system is empty. The UST system is empty when all materials have been removed using commonly employed practices so that no more than 2.5 centimeters (one inch) of residue remains in the system. In addition, testing and inspections regarding operation and maintenance of spill and overfill prevention in Rule 0400-18-01-.02 are not required as long as the UST system is empty.

(b) When a UST system is temporarily closed for three months or more, owners, operators, and/or other responsible parties shall also comply with the following requirements:

Leave vent lines open and functioning;
Cap and secure all other lines, pumps, manways, and ancillary equipment; and 3. File an amended notification form showing the tank system as temporarily out of use.

(2) Substandard UST systems.

Unless directed to do otherwise by the Division, owners, operators, and/or other responsible parties of a UST system which does not meet the requirements in paragraphs (3) and (4) of

Rule 0400-18-01-.02 shall permanently close the substandard UST system in accordance with paragraphs (4) and (5) of this rule, except that parts (4)(a)6. and 7. of this rule shall not apply to a substandard UST system. Owners, operators, and/or other responsible parties of a substandard UST system shall complete the permanent closure, including submittal of the Permanent Closure Report, within 60 days of Division approval of the Application for Permanent Closure of Underground Storage Tanks or, if reasonable justification is provided, in accordance with a schedule established by the Division.

(3) Tank compartment closure.

For a tank that has more than one tank compartment, one or more of the tank compartments may be permanently closed in accordance with the provisions of this paragraph as well as paragraph (5) of this rule. If all the compartments in a tank are to be permanently closed, the requirements for permanent closure set forth in paragraphs (4) and (5) of this rule shall be followed by the tank owner, operator, and/or other responsible parties.

(a) At least 30 days before beginning tank compartment closure or, if reasonable justification is provided, in accordance with a schedule established by the Division, owners, operators, and/or other responsible parties shall apply for tank compartment closure. Application for tank compartment closure shall meet the following requirements:

An Application for Permanent Closure of Underground Storage Tank Systems shall be submitted in a format established by the Division. The application shall be completed according to the instructions provided by the Division.
The Application for Permanent Closure of Underground Storage Tank Systems shall be accompanied by a written statement provided by either the tank manufacturer or a Registered Professional Engineer certifying the following:

(i) The planned closure of the tank compartment(s) will not cause structural damage to the tank; and (ii) The corrosion protection system will continue to function as designed and will continue to effectively prevent corrosion of the tank following completion of the planned closure of the tank compartment(s).

The tank owner, operator, and/or other responsible party shall obtain Division approval of the Application for Permanent Closure of Underground Storage Tank Systems prior to closing the tank compartment(s).
The application shall constitute a plan for tank compartment(s) closure.
Tank compartment(s) closure activities shall be conducted in accordance with the plan contained in the approved Application for Permanent Closure of Underground Storage Tank Systems. If alterations to the plan are required, an amended Application for Permanent Closure of Underground Storage Tank Systems shall be submitted to the Division for approval.
The approved Application for Permanent Closure of Underground Storage Tank Systems shall be available for inspection upon request at the petroleum site at the time of tank compartment closure.
Division approval of the Application for Permanent Closure of Underground Storage Tank Systems shall be valid for 12 months following such approval.

However, such approval shall not be transferable to another person during that 12-month approval time.

If tank compartment(s) closure is not completed within 12 months or, if reasonable justification is provided, in accordance with a schedule established by the Division, the tank owner, operator, and/or other responsible parties shall submit a new Application for Permanent Closure of Underground Storage Tank Systems to the Division for approval at least 30 days before beginning tank compartment closure or, if reasonable justification is provided, in accordance with a schedule established by the Division.

(b) The required site assessment under paragraph (5) of this rule shall be performed after receipt of Division approval of the Application for Permanent Closure of Underground Storage Tank Systems, but before completion of the tank compartment closure.

Results of all samples taken during the closure of the tank compartment must be reported to the Division within 60 days of collection or, if reasonable justification is provided, in accordance with a schedule established by the Division. Samples may be taken while the compartments of the underground storage tank system that are not being permanently closed are in operation. However, samples may not be taken while the tank compartment that is being permanently closed is still in operation.

(c) To permanently close a tank compartment, owners, operators, and/or other responsible parties shall clean the compartment which is to be closed by removing all liquids and accumulated sludges. All tank compartments taken out of service permanently shall be filled with an inert solid material such as a cement compound, sand, gravel, etc. The inert solid material must have a specific gravity greater than 1.0.

(d) Tank compartment closure activities shall not damage those portions of the underground storage tank system that are not being permanently closed.

(e) Tank compartment closure activities shall not cause or allow a release of petroleum from the underground storage tank system into the environment.

(f) Paragraphs (4) and (5) of this rule shall be followed when the final tank compartment is permanently closed.

(4) Permanent closure and changes-in-service.

(a) At least 30 days before beginning either permanent closure of any portion of an underground storage tank system or a change-in-service under subparagraphs (b) and (c) of this paragraph or, if reasonable justification is provided, in accordance with a schedule established by the Division, owners, operators, and/or other responsible parties shall apply for permanent closure, unless such action is in response to corrective action. Application for permanent closure or change in service shall meet the following requirements:

An Application for Permanent Closure of Underground Storage Tank Systems shall be submitted in a format established by the Division. The application shall be completed according to the instructions provided by the Division.
The tank owner, operator and/or other responsible party shall obtain Division approval of the Application for Permanent Closure prior to permanently closing the UST system or any portion thereof or effecting a change in service of the UST system, unless tank compartment closure is conducted in accordance with paragraphs (3) and (5) of this rule.
The application shall constitute a plan for closure or change in service of the UST system, or any portion thereof.
Change in service or closure activities shall be conducted in accordance with the plan contained in the approved Application for Permanent Closure. If alterations to the plan are required, an amended Application for Permanent Closure shall be submitted to the Division for approval.
The approved Application for Permanent Closure of Underground Storage Tank Systems shall be available for inspection upon request at the petroleum site at the time of closure.
Division approval of the Application for Permanent Closure shall be valid for 12 months following such approval. However, such approval shall not be transferable to another person during that 12-month approval time.
If permanent closure or change-in-service is not completed within 12 months or, if reasonable justification is provided, in accordance with a schedule established by the Division, the tank owner, operator, and/or other responsible parties shall submit a new Application for Permanent Closure to the Division for approval at least 30 days before beginning underground storage tank system closure or, if reasonable justification is provided, in accordance with a schedule established by the Division.

(b) To permanently close a tank, owners, operators, and/or other responsible parties shall clean it by removing all liquids and accumulated sludges. All tanks taken out of service permanently shall also be removed from the ground, filled with an inert solid material such as a cement compound, sand, gravel, etc., or closed in place in a manner approved by the Division. The inert solid material shall have a specific gravity greater than 1.0.

(c) Use of a petroleum UST system to store a non-petroleum substance is considered a change-in-service. Before a change-in-service, owners, operators, and/or other responsible parties shall clean the tank by removing all liquids and accumulated sludges and conduct a site assessment in accordance with paragraph (5) of this rule.

(d) Should an owner, operator, and/or other responsible parties elect to excavate and remove a tank from the site, such excavation and removal shall be done in accordance with Appendix 0400-18-01-.07-A.

(e) Once a tank has been excavated, it may be stored onsite or transported off-site for storage or disposal. Excavated tanks which have not been cut into sections for disposal shall be considered in storage and shall at all times, while in storage, be maintained in a vapor-free state and stored in accordance with Appendix 0400-18-01-.07-A.

(f) Tanks shall not be stored at a UST facility unless they are maintained in a vapor-free state, stored in accordance with Appendix 0400-18-01-.07-A, and one of the following conditions are met:

(i) Tanks have been cleaned by removal of all liquids and accumulated sludges; and (ii) Tanks have been purged of vapors so that any explosive levels do not exceed 10% of the lower explosive limit for the petroleum substance; and (iii) Tanks have an opening or openings installed which comprise a minimum of 10% of the total tank surface area. Such openings will not be considered openings if they are in contact or contiguous with the ground or surface on which the tank may be resting; or 2. Subparts 1.(i) and (ii) of this subparagraph have been complied with and there are no remaining USTs either in use or in a temporarily closed condition at the facility; or 3. Tanks removed from a UST facility and intended for reuse at the same or another facility as USTs may be stored at a UST facility if the owner, operator, and/or other responsible parties meets the conditions described in subparts 1.(i) and (ii) of this subparagraph, and either removes the tank off-site from a UST facility or puts it back into service within 30 days of excavation or, if reasonable justification is provided, in accordance with a schedule established by the Division.

(g) Tanks shall be stored in a manner which does not pose safety hazards. Tanks shall be stored in a position with the tank’s center of gravity closest to the ground. Tanks shall not be stacked. Tanks shall be secured so that they will not roll or slide across a level or sloping ground surface. [NOTE: Transportation and disposal of tanks will be subject to all applicable federal, state, and local laws and regulations concerning the safe transportation and proper disposal of such materials.]

(5) Assessing the site at tank closure, tank compartment closure or change-in-service.

The required site assessment shall be performed after receipt of Division approval of an Application for Permanent Closure of Underground Storage Tank Systems, but before completion of either the permanent closure, tank compartment closure or a change-inservice. The required site assessment shall be performed in accordance with guidance provided by the Division.

(a) Before permanent closure of a tank or a tank compartment or a change-in service is completed, owners, operators, and/or other responsible parties shall measure for the presence of a release where contamination is most likely to be present at the UST site.

Sampling shall meet the following requirements:

In selecting sample types, sample locations, and measurement methods, owners, operators, and/or other responsible parties shall consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors appropriate for identifying the presence of a release.
Tank owners, operators, and/or other responsible parties shall notify the Division at least one working day in advance of closure and/or field activities.

(b) Results of all samples taken during change in service or closure of the underground storage tank system or closure of a tank compartment shall be reported to the Division within 60 days of collection or, if reasonable justification is provided, in accordance with a schedule established by the Division. Samples shall not be taken while the underground storage tank system is in operation, except when tank compartment closure is being conducted in accordance with paragraph (3) of this rule. Sample results shall be submitted as an attachment to either a Permanent Closure Report for Underground Storage Tank Systems or a Permanent Closure Report for Tank Compartments.

(c) The Permanent Closure Report for Underground Storage Tank Systems and/or tank compartments shall be submitted in a format established by the Division. The Permanent Closure Report for Underground Storage Tank Systems shall be completed in accordance with the instructions provided by the Division.

(d) The report, either the Permanent Closure Report for Underground Storage Tank Systems or the Permanent Closure Report for Tank Compartments, shall include, but not be limited to, the following information:

The facility identification number assigned to the facility by the Division;
Facility name and address;
An updated post-closure site map;
Sampling, including field screening and laboratory analytical results;
Information concerning the removal, storage and/or disposal of tanks, piping and other ancillary underground equipment; and 6. Information concerning the removal, remediation and/or disposal of petroleum, petroleum waste, petroleum contaminated soil and/or groundwater.

(e) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under subparagraph (a) of this paragraph, or by any other manner, owners, operators, and/or other responsible parties shall begin release response and corrective action in accordance with Rule 0400-18-01-.06.

(6) Applicability to previously closed UST systems.

When directed by the Division, the owner, operator, and/or other responsible parties of a UST system permanently closed before December 22, 1988, shall assess the site and close the UST system in accordance with this rule if releases from the UST may, in the judgment of the Division, pose a current or potential threat to human health and the environment.

(7) Closure records.

Owners, operators, and/or other responsible parties shall maintain records in accordance with paragraph (2) of Rule 0400-18-01-.03 that are capable of demonstrating compliance with closure requirements under this rule. The results of the site assessment required in paragraph (5) of this rule shall be maintained for at least three years after completion of permanent closure or change-in-service in one of the following ways:

(a) By the owners, operators, and/or other responsible parties who took the UST system out of service;

(b) By the current owners, operators, and/or other responsible parties of the UST system site; or (c) By mailing these records to the Division if they cannot be maintained at the closed facility.

APPENDIX 0400-18-01-.07-A

REMOVAL OF UNDERGROUND TANKS.

(1) Preparation.

(a) Drain product piping into the tank, being careful to avoid any spillage. Cap or remove product piping.

(b) Remove liquids and residues from the tank by using explosion-proof or air-driven pumps. Pump motors and suction hoses shall be bonded to the tank or otherwise grounded to prevent electrostatic ignition hazards. It may be necessary to use a hand pump to remove the last few inches of liquid from the bottom of the tank.

NOTE: (The Federal Resource Conservation and Recovery Act (RCRA) 42 U.S.C.

Section 6901 et seq., and the Tennessee Hazardous Waste Management Act (HWMA)

Part 1 T.C.A. §§ 68-212-101 et seq. place restrictions on disposal of certain residues that may be present in some underground storage tanks. Residues from tanks that have held leaded gasoline should be treated with extreme caution. Lead compounds and other residues in the tank may be classified as hazardous wastes).

(d) Remove the fill pipe, gauge pipe, vapor recovery truck connection, submersible pumps, and other tank fixtures. Remove the drop tube, except when it is planned to vapor-free the tank by using an eductor. Cap or remove all non-product lines, such as vapor recovery lines, except the vent line. The vent line shall remain connected until the tank is purged. Temporarily plug all other tank openings so that all vapors will exit through the vent line during the vapor-freeing process.

(2) Purging.

(a) Remove flammable vapors by one of the methods described in subparagraphs (b) through (e) of this paragraph, or as required by local codes. These methods provide a means for temporary vapor-freeing of the tank atmosphere. However, it is important to recognize that the tank may continue to be a source of flammable vapors even after following the vapor-freeing procedures described in subparagraphs (b) through (e) of this paragraph. For this reason, caution shall always be exercised when handling or working around tanks that have stored flammable or combustible liquids. Before initiating work in the tank area or on the tank, a combustible gas indicator shall be used to assess vapor concentrations in the tank and work area. All work shall be done in accordance with paragraph (3) of this appendix.

(b) Vent all vapors from the tank at a minimum height of 12 feet above grade and three feet above any adjacent roof lines until the tank is purged of flammable vapors. The work area shall be free from sources of ignition.

(c) Flammable and combustible vapors may be purged with an inert gas such as carbon dioxide (CO ) or nitrogen (N ). This method is not to be utilized if the tank is to be entered for any reason, as the tank atmosphere will be oxygen deficient. The inert gas is to be introduced through a single tank opening at a point near the bottom of the tank at the end of the tank opposite the vent. When inert gases are used, they shall be introduced under low pressure to avoid the generation of static electricity. When using CO or N , pressures in the tank shall not exceed five pounds per square inch gauge.

Caution: The process of introducing compressed gases into the tank may create a potential ignition hazard as the result of the development of static electrical charges.

The discharging device shall therefore be grounded. Explosions have resulted from the discharging of CO fire extinguishers into tanks containing a flammable vapor-air mixture. CO extinguishers shall not be used for inerting flammable atmospheres.

(d) If the method described in subparagraph (c) of this paragraph is not practical, the vapors in the tank may be displaced by adding solid carbon dioxide (dry ice) to the tank in the amount of at least 1.5 pounds per 100 gallons of tank capacity. The dry ice should be crushed and distributed evenly over the greatest possible area in the tank to promote rapid evaporation. As the dry ice vaporizes, flammable vapors will flow out of the tank and may surround the area. Therefore, where practical, plug all tank openings except the vent after introducing the solid CO and continue to observe all normal safety precautions regarding flammable or combustible vapors. Make sure that all of the dry ice has evaporated before proceeding.

(e) Flammable vapors may be exhausted from the tank by one of two methods of tank ventilation listed below:

Ventilation using an eductor-type air mover usually driven by compressed air.

The eductor-type air mover shall be properly bonded to prevent the generation and discharge of static electricity. When using this method, the fill (drop) tube shall remain in place to ensure ventilation at the bottom of the tank. Tanks equipped with fill (drop) tubes that are not removable should be purged by this method. An eductor extension shall be used to discharge vapors a minimum of 12 feet above grade and at least three feet above any adjacent roof line.

Ventilation with a diffused air blower. When using this purging method, it is imperative that the air-diffusing pipe is properly bonded to prevent the discharge of a spark. Fill (drop) tubes shall be removed to allow proper diffusion of the air in the tank. Air supply should be from a compressor that has been checked to ensure a clean air supply and is free from volatile vapors. Air pressure in the tank shall not exceed five pounds per square inch gauge.

(3) Testing.

(a) The tank atmosphere and the excavation area are to be regularly tested for flammable or combustible vapor concentrations until the tank is removed from both the excavation and the site. Such tests are to be made with a combustible gas indicator which is properly calibrated according to the manufacturer’s instructions and which is thoroughly checked and maintained in accordance with the manufacturer’s instructions. Persons responsible for testing shall be completely familiar with the use of the instrument and the interpretation of the instrument’s readings.

(b) The tank vapor space is to be tested by placing the combustible gas indicator probe into the fill opening with the drop tube removed. Readings should be taken at the bottom, middle, and upper portions of the tank, and the instrument should be cleared after each reading. If the tank is equipped with a non-removable fill tube, readings are to be taken through another opening. Liquid product shall not enter the probe.

Readings of 10% or less of the lower flammable limit shall be obtained before the tank is considered safe for removal from the ground.

(c) Tanks purged with an inert gas shall be sampled with an oxygen indicator and the oxygen content shall be considered while interpreting combustible gas indicator results.

(4) Removal.

(a) After the tank has been freed of vapors and before it is removed from the excavation, plug or cap all accessible holes. One plug shall have a one-eighth of an inch vent hole to prevent the tank from being subjected to excessive differential pressure caused by temperature changes. The tank shall always be positioned with this vent plug on top of the tank during subsequent transport and storage.

(b) Excavate around the tank to uncover it for removal. Remove the tank from the excavation and place it on a level surface. Use wood blocks to prevent movement of the tank after removal and prior to loading on a truck for transportation. Use screwed (boiler) plugs to plug any corrosion holes in the tank shell.

(c) Precautions shall be taken to assure any vapors left in the tank do not reach a combustible level. If this situation occurs, the tank shall be purged according to paragraph (2) of this appendix.

(d) Before the tank is removed from the site, the tank atmosphere shall be checked with a combustible gas indicator to ensure that it does not exceed 10% of the lower flammable limit.

(e) The tank shall be secured on a truck for transportation to the storage or disposal site with the one-eighth of an inch vent hole located at the uppermost point on the tank.

Tanks shall be transported in accordance with all applicable local, state, and federal laws and regulations.

(f) Tanks shall be labeled after removal from the ground but prior to removal from the site.

Regardless of the condition of the tank, the label shall contain a warning against certain types of reuse. The former contents and present vapor state of each tank, including vapor-freeing treatment and data shall also be indicated. The label shall be similar to the following in legible letters at least two inches high:

Tank Has Contained Leaded Gasoline* Not Vapor Free Not Suitable For Storage Of Food Or Liquids Intended For Human Or Animal Consumption Date Of Removal: Month/Day/Year *Or other flammable/combustible liquid. Use the applicable designation, for example, diesel.

Tanks that have held leaded motor fuels (or whose service history is unknown) shall also be clearly labeled with the following information:

Tank Has Contained Leaded Gasoline Lead Vapors May Be Released If Heat Is Applied To The Tank Shell (5) Storage Of Used Tanks.

Storage Procedures.

(a) Tanks shall be vapor-freed before being placed in storage. Tanks shall also be free of all liquids and residues. All tank openings shall be tightly plugged or capped, with one plug having a one-eighth of an inch vent hole to prevent the tank from being subjected to excessive differential pressure caused by temperature changes. Tanks shall be stored with the vented plug at the highest point on the tank. All tanks shall be labeled.

(b) Used tanks shall be stored in secure areas where the general public will not have access.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective October 13, 2018. Amendments filed March 17, 2021; effective June 15, 2021. Amendments filed October 27, 2025; effective January 25, 2026.

Tenn. Comp. R. & Regs. 0400-18-01-.05 , for example, during closure activities performed in accordance with Rule 0400-18-01-.07.

(5) Authorized disbursements from the fund.

(a) Whenever, in the Commissioner’s determination, an eligible tank owner or operator or petroleum site owner has a release of petroleum from an underground storage tank and the tank owner or operator or petroleum site owner satisfies the requirements of paragraphs (10) and (11) of this rule, the Division shall, subject to the provisions of this

rule, disburse monies available in the fund to provide for:

Emergency response activities, investigation, and assessment of sites contaminated by a release of petroleum in accordance with the requirements of Rules 0400-18-01-.05 and 0400-18-01-.06;
The rehabilitation of sites contaminated by a release of petroleum, which may consist of cleanup of affected soil and groundwater, using cost effective alternatives that are technologically feasible and reliable, and that provide adequate protection of the public health, safety, and welfare and minimize environmental damage, in accordance with release response, remediation, and risk management requirements of Rule 0400-18-01-.06;
The interim replacement and permanent restoration of potable water supplies.

(b) Monies held in the fund may be disbursed for making payments to third parties who bring suit relative to an eligible UST release against a tank owner or operator or petroleum site owner who receives reimbursement from the fund when such third party obtains a final judgment in that action enforceable in Tennessee.

(c) Costs incurred by the Division in the administration of the provisions of this rule or authorized under T.C.A. Title 68, Chapter 215 shall be charged to the fund.

(d) The fund shall be available to the Board and the Commissioner for expenditures for the purposes of providing for the investigation, identification, and for the reasonable and safe cleanup, including monitoring and maintenance of petroleum sites and for thirdparty claims within the State as provided in T.C.A. Title 68, Chapter 215, in this rule, and in paragraph (5) of Rule 0400-18-01-.08.

If a tank owner or operator or petroleum site owner claims financial inability to pay the deductible set forth in paragraph (6) of this rule at the time an Application for Fund Eligibility is submitted to the Division, the fund may be utilized to pay the deductible for taking corrective action.

(i) The tank owner or operator or petroleum site owner shall supply documentation of inability to pay the deductible amount for taking corrective action to the Division upon request.

(ii) Pursuant to T.C.A. § 68-215-115, the Commissioner may seek cost recovery against the tank owner or operator or petroleum site owner for the deductible amount paid by the fund for taking corrective action.

If a fund-eligible tank owner or operator or petroleum site owner fails, without sufficient cause, to perform the release response, remediation, or risk management actions required in Rule 0400-18-01-.06 on order of the Commissioner and fails, without sufficient cause, to pay the amount of the applicable fund deductible amount for taking corrective action at the time an Application for Fund Eligibility is submitted to the Division, the fund may be utilized to pay the deductible. Pursuant to T.C.A. § 68-215-115, the Commissioner may seek cost recovery against the tank owner or operator or petroleum site owner for the amount of the deductible paid by the fund for taking corrective action. In addition, pursuant to T.C.A. § 68-215-116, the Commissioner may seek a penalty in the amount of 150% of the costs expended by the fund as the result of the failure to take proper action.
If a fund-eligible tank owner or operator or petroleum site owner cannot pay the amount of the applicable fund deductible for third-party claims at the time an application for payment accompanied by the original or a certified copy of a final judgment is submitted to the Division in accordance with subparagraph (12)(g) of this rule, the fund may be utilized to pay the deductible for satisfying the thirdparty claim.

(i) The tank owner or operator or petroleum site owner shall supply documentation of inability to pay the fund deductible for third-party claims to the Division upon request.

(ii) Pursuant to T.C.A. § 68-215-115, the Commissioner may seek cost recovery against the tank owner or operator or petroleum site owner for the amount of the deductible paid by the fund to satisfy the third-party claim.

If a fund-eligible tank owner or operator or petroleum site owner fails, without sufficient cause, to pay the applicable deductible amount for a third-party claim, the fund may be utilized to pay the deductible. Pursuant to T.C.A. § 68-215-115, the Commissioner may seek cost recovery against the tank owner or operator or petroleum site owner for the amount of the deductible paid by the fund to satisfy the third-party claim.

(e) The Commissioner may enter into contracts and use the fund for those purposes directly associated with identification, investigation, containment, and cleanup, including monitoring and maintenance, prescribed above including:

Hiring consultants and personnel;
Purchase, lease or rental of necessary equipment; and 3. Other necessary expenses.

(f) The Commissioner will pay each approved claim of the fund in chronological order based upon the date the claim is submitted for payment.

(g) The Commissioner will not authorize any disbursement from the fund for costs for which the tank owner or operator or petroleum site owner receives payment from another insurance carrier or other source.

(h) If fund dollars have been expended in accordance with the provisions of subparagraph (d) or (e) of this paragraph for the fund deductible for corrective action or third-party claims for a fund-eligible release occurrence or for the entire cost for non-fund eligible release occurrence, the Commissioner may seek cost recovery and assess a penalty in accordance with the provisions of paragraphs (16) and (17) of this rule and paragraph (5) of Rule 0400-18-01-.08.

(6) Scope of fund reimbursement.

(a) The fund will reimburse eligible tank owners or operators or petroleum site owners, who satisfy the requirements of paragraphs (10) and (11) of this rule, for the cost of investigation and corrective action resulting from the accidental release of petroleum from a UST storing petroleum in accordance with the provisions of this chapter.

(b) Tank owners or operators or petroleum site owners who qualify for fund reimbursement shall meet the per site per occurrence fund deductible requirements specified in parts 1. through 7. of this subparagraph and illustrated in Table 3.

If the date of the release was after January 1, 1974, and before July 1, 1988, and the release was reported to the Department before April 11, 1990, and eligible expenditures for assessment or remediation were incurred before April 11, 1990, the deductible requirements for eligible tank owners or operators or petroleum site owners for taking corrective action will be $75,000 and compensation of third parties will be $150,000.
If the date of release was on or after July 1, 1988, and on or before June 30, 1989, the deductible requirements for eligible tank owners or operators or petroleum site owners for taking corrective action will be $75,000 and compensation of third parties will be $150,000.
If the date of release was on or after July 1, 1989, and on or before April 30, 1990, the deductible requirements for eligible tank owners or operators or petroleum site owners for taking corrective action will be $50,000 and compensation of third parties will be $150,000.
If the date of release was on or after May 1, 1990, and on or before April 4, 1995, the deductible requirements for eligible tank owners or operators or petroleum site owners for corrective action and for compensation for third-party claims will be as follows based on the number of tanks owned or operated:

(i) 1 to 12 tanks, $10,000 for taking corrective action and $10,000 for compensation of third parties;

(ii) 13 to 999 tanks, $20,000 for taking corrective action and $37,500 for compensation of third parties; or (iii) 1,000 or more tanks, $50,000 for taking corrective action and $225,000 for compensation of third parties.

If the date of release was on or after April 5, 1995, and on or before June 30, 2005, the deductible requirements for eligible tank owners or operators or petroleum site owners shall be as follows based on the number of tanks owned or operated at the time of the release:

(i) For corrective action costs:

(I) 1 to 12 tanks, 10% of the total corrective action costs expended in an amount not to exceed $10,000;

(II) 13 to 999 tanks, 20% of the total corrective action costs expended in an amount not to exceed $20,000; or (III) 1,000 or more tanks, $50,000;

(ii) For compensation of third-party claims:

(I) 1 to 12 tanks, $10,000 for compensation of third parties;

(II) 13 to 999 tanks, $37,500 for compensation of third parties; or (III) 1,000 or more tanks, $225,000 for compensation of third parties.

If the date of the release was on or after July 1, 2005, and on or before June 14, 2021, the deductible for eligible tank owners or operators or petroleum site owners for taking corrective action will be $20,000 and compensation of third parties will be $20,000.
If the date of the release was on or after June 15, 2021, and before the effective date of this rule, the deductible for eligible tank owners or operators or petroleum site owners for taking corrective action will be $5,000 and for compensation of third parties will be $5,000, except that the highest applicable deductible shall apply as follows:

(i) The deductible will be $10,000 for taking corrective action and $10,000 for compensation of third parties for tank owners or operators or petroleum site owners who fail to demonstrate that all of the UST systems located at the facility are in compliance with all the following rules:

(I) Rule 0400-18-01-.02(2)(b)2. and 5.;

(II) Rule 0400-18-01-.02(3)(a)1., 3., and 4.;

(III) Rule 0400-18-01-.02(3)(b)6.;

(IV) Rule 0400-18-01-.02(3)(c)1. and 2.;

(V) Rule 0400-18-01-.02(4)(a)3.(iii);

(VI) Rule 0400-18-01-.02(4)(c)1. and 2.(ii);

(VII) Rule 0400-18-01-.02(8), except where tank owners or operators demonstrate compliance with Rule 0400-18-01-.02(8)(a)1(i) for eight of the last 12 months;

(VIII) The requirements of Rule 0400-18-01-.04(1)(a)2. through 5. regarding piping;

(IX) Rule 0400-18-01-.04(2)(b)1.(ii) and 2.;

(X) Rule 0400-18-01-.04(3)(b)1. and 2.; and (XI) Rule 0400-18-01-.04(4).

(ii) The deductible will be $20,000 for taking corrective action and $20,000 for compensation of third parties for tank owners or operators or petroleum site owners who fail to demonstrate that all of the UST systems located at the facility are in compliance with all of the following rules:

(I) Rule 0400-18-01-.02(1)(c) and (d)3.;

(II) Rule 0400-18-01-.02(2)(a)1., 2., and 5.;

(III) Rule 0400-18-01-.02(2)(b)1.;

(IV) Rule 0400-18-01-.02(4)(a)1. through 3.(i);

(V) Rule 0400-18-01-.02(4)(b) regarding piping, except flex connectors;

(VI) Rule 0400-18-01-.02(4)(c)6.(ii);

(VII) Rule 0400-18-01-.02(5)(a);

(VIII) Rule 0400-18-01-.02(6)(a) and (c);

(IX) The requirements of Rule 0400-18-01-.04(1)(a) regarding tanks;

(X) Rule 0400-18-01-.04(1)(c) and (d);

(XI) Rule 0400-18-01-.04(2)(a) except where tank owners or operators demonstrate compliance with this rule for eight of the last 12 months;

(XII) Rule 0400-18-01-.04(2)(b)1.(i);

(XIII) Rule 0400-18-01-.04(3)(a)1. and 2.;

(XIV) Rule 0400-18-01-.04(3)(c)1.(i) and 2.(i);

(XV) Rule 0400-18-01-.04(3)(d);

(XVI) Rule 0400-18-01-.04(3)(e)1. and 2.;

(XVII) Rule 0400-18-01-.04(3)(f)1. and 3.; and (XVIII) Rule 0400-18-01-.07(2).

(iii) The deductible will be $30,000 for taking corrective action and $30,000 for compensation of third parties for tank owners or operators or petroleum site owners who fail to report a release, including:

(I) Suspected releases in accordance with Rules 0400-18-01-.04(1)(b), 0400-18-01-.04(3)(a)2.(v), 0400-18-01-.04(3)(b)4., 0400-18-01- .04(3)(c)1.(ii), 0400-18-01-.04(3)(c)2.(ii), 0400-18-01-.04(3)(e)6., 0400-18-01-.04(4)(d)6., and 0400-18-01-.05(1)(a);

(II) Spills and overfills in accordance with Rules 0400-18-01-.02(3)(b)5. and 0400-18-01-.05(4); and (III) Confirmed releases in accordance with Rule 0400-18-01-.06.

If the date of the release was on or after the effective date of this rule, the deductible for eligible tank owners or operators or petroleum site owners for taking corrective action will be $5,000 and for compensation of third parties will be $5,000, except that costs for site checks required in accordance with subparagraph (3)(b) of Rule 0400-18-01-.05 shall be covered in full at the reasonable rate schedule as established by the Division.

Table 3 Tank Owner or Operator or Petroleum Site Owner Deductible per Site per Occurrence Date of Release Number of Tanks 1–12 Tanks 13–999 Tanks 1000+ Tanks After January 1, 1974 and before July 1, 1988 * $75,000 Cleanup/ $150,000 third party $75,000 Cleanup/ $150,000 third party $75,000 Cleanup/ $150,000 third party On or after July 1, 1988 and on or before June 30, 1989 $75,000 Cleanup/ $150,000 third party $75,000 Cleanup/ $150,000 third party $75,000 Cleanup/ $150,000 third party On or after July 1, 1989 and on or before April 30, 1990 $50,000 Cleanup/ $150,000 third party $50,000 Cleanup/ $150,000 third party $50,000 Cleanup/ $150,000 third party On or after May 1, 1990 and on or before April 4, 1995 $10,000 Cleanup/ $10,000 third party $20,000 Cleanup/ $37,500 third party $50,000 Cleanup/ $225,000 third party On or after April 5, and on or before June 30, 2005 10% of Cleanup cost not to exceed $10,000/ $10,000 third party 20% of Cleanup cost not to exceed $20,000/ $37,500 third party $50,000 Cleanup/ $225,000 third party On or after July 1, 2005 and on or before June 14, 2021 $20,000 Cleanup/ $20,000 third party $20,000 Cleanup/ $20,000 third party $20,000 Cleanup/ $20,000 third party On or after June 15, 2021 and before the effective date of this

rule** $5,000 Cleanup/ $5,000 third party $5,000 Cleanup/ $5,000 third party $5,000 Cleanup/ $5,000 third party On or after the effective date of this rule*** $5,000 Cleanup/ $5,000 third party $5,000 Cleanup/ $5,000 third party $5,000 Cleanup/ $5,000 third party * Releases that occurred during this time period are only eligible for reimbursement if, prior to April 11, 1990, the release was reported to the Division and the tank owner or operator or petroleum site owner incurred eligible expenses for assessment or remediation. ** The deductible shall be increased for cleanup or third-party claims from $5,000 to $10,000, $20,000, or $30,000 based on the tank owner’s or operator’s or petroleum site owner’s compliance with Rules 0400- 18-01-.02 through 0400-18-01-.07 as described in part 7. of this subparagraph. *** Costs for site checks required in accordance with subparagraph (3)(b) of Rule 0400-18-01-.05 shall be covered in full at the reasonable rate schedule as established by the Division.

(c) The fund shall reimburse eligible tank owners or operators or petroleum site owners, who satisfy the requirements of paragraphs (10) and (11) of this rule, for eligible corrective action costs above the deductible to the fund in an amount not to exceed:

$2,000,000 per site per occurrence for sites still undergoing corrective action on July 1, 2015, or releases that occur on or after July 1, 2015;
$1,000,000 per site per occurrence for site cleanups closed on or before June 30, 2015: or 3. $1,000,000 per site per occurrence for court awards involving third-party claims.

(d) If the date of the release is on or after September 1, 2005, the tank owner or operator or petroleum site owner may apply for a reduction of the deductible requirement for corrective action set forth in parts (b)6., (b)7., and (b)8. of this paragraph, unless the deductible has been increased pursuant to part (b)7. of this paragraph. Application shall be made using a format established by the Division and in accordance with instructions provided by the Division.

The tank owner or operator or petroleum site owner shall demonstrate to the satisfaction of the Division that each UST system at the facility meets or exceeds the criteria for reduction of the deductible set forth in the table in this subparagraph. Such demonstration may include, but not be limited to:

(i) Submittal of verifying documentation to the Division; or (ii) On-site verification by the Division.

For each criterion met there shall be an associated reduction in the deductible.

However, the maximum percentage reduction in the deductible per occurrence shall not exceed 100%.

Criteria Percentage Reduction Double Wall Tank(s) Installed Before July 24, 2007 10 % Double Wall Tank(s) Installed Before July 24, 2007, and Utilizing Interstitial Monitoring as Primary Tank Release Detection Method 50 % Interstitial Monitoring of Double Walled Tanks and Piping with Secondary Containment and Positive Shutdown of Submersible Pumps 75 % Secondary Containment Piping Enclosing Fiberglass Primary Piping or Flexible Plastic Piping with Containment Sumps at Piping Joints Installed Before July 24, 2007 10 % Double Walled Fiberglass Piping or Double Walled Flexible Plastic Piping with Containment Sumps at Piping Joints Installed Before July 24, 2007 and Utilizing Interstitial Monitoring as Primary Piping Release Detection Method 50 % Containment Sumps at Submersible Turbine Pumps Installed Before July 24, 2007 10 % Containment Sumps Under Dispensers Installed Before July 24, 2007 10 % Containment Sumps Under Dispensers Installed Before July 24, 2007 and Utilizing Interstitial Monitoring to Monitor for a Release Under Dispensers 50 % Have Drop Tube Overfill Prevention Valves Installed as Primary Overfill Prevention and Have an Audible/Visual Alarm as a Secondary Overfill Prevention Method 50 % Continuous In-Tank Leak Detection System 10 % 24-Hour, Third-Party UST System Remote Monitoring Capability 50 % Double Wall Spill Bucket(s) with Electronic Sensor Monitoring 10 % Electronic Line Leak Detection on All Product Piping Programmed for 3.0 Gallon Per Hour, 0.2 Gallon Per Hour Monthly, and 0.1 Gallon per Hour Annual Testing 20 % Triennial Pressure Decay Testing of Pressure Vent Caps and Tank Ullage for Overfill Functionality in Accordance with a Nationally Recognized Practice 50 % Closure of All Tanks and Piping Installed at a Site Over 30 Years Ago in Accordance with Paragraphs (4) and (5) of

Rule 0400-18-01-.07 and Completed After the Effective Date of This Rule* * This reduction may only be used for the fund eligible release associated with the tanks and piping that were closed. 100 % 3. If a criterion is not applicable to one or more of the UST systems at the facility, then the conditions of part 1. of this subparagraph shall have been met if every UST system at the facility for which the criterion is applicable meets that criterion.

For example, the criterion for a containment sump under a dispenser is not applicable to a UST system used to store waste oil or used oil.

Upon confirmation by the Division that a tank owner or operator or petroleum site owner has met one or more of the criteria for reduction of the deductible set forth in the table in this subparagraph, the tank owner or operator or petroleum site owner will be sent correspondence setting forth the new reduced deductible.

(7) Removal, replacement or repair of property improvements.

(a) In accordance with paragraph (7) of Rule 0400-18-01-.06, a recommendation of an option for removal and either disposal, replacement or repair of a property improvement may be made as a part of site remediation using fund dollars.

Division approval to pursue this option shall be obtained prior to taking the action in part 2. of this subparagraph.
Two cost proposals shall be submitted to the Division. The two cost proposals shall be prepared in accordance with guidance provided by the Division and submitted in a format established by the Division.

(i) One proposal shall be for the cost of remediation without the removal, disposal, replacement or repair of the property improvement.

(ii) One proposal shall be for the cost of the removal and either the disposal, replacement or repair of the property improvement plus the cost of remediation without the impediment of the property improvement.

A recommendation that includes replacement or repair shall be consistent with the requirements of Rule 0400-18-01-.02.

(b) If the Division evaluation of the cost proposals submitted in accordance with part (a)2. of this paragraph as well as any other pertinent information, that the expenditure of fund dollars for removal and either disposal, replacement or repair of property improvements would result in a substantial reduction of the total cost of cleanup activities at the petroleum site, the Division may approve reimbursement from the fund for removal and either disposal, replacement or repair of property improvements.

(c) Prior to removal of a property improvement approved for removal in accordance with the provisions of subparagraph (b) of this paragraph, documentation of the condition and location of the property improvement, including, but not limited to, photographs and a scaled site map, shall be provided to the Division in a format and in accordance with guidance provided by the Division.

(d) Prior to reimbursement by the fund for replacement or repair of a property improvement approved by the Division in accordance with subparagraph (b) of this paragraph, documentation of the condition and location of the property improvement, including, but not limited to, photographs, shall be provided to the Division.

(e) Unless Division approval has been granted in accordance with subparagraph (b) of this paragraph, the fund shall not reimburse tank owners, tank operators or petroleum site owners for the cost of property improvements.

(8) Fund ineligible costs.

(a) Costs of maintenance or retrofitting of affected tanks and associated piping and any costs not integral to site rehabilitation shall not be eligible for payment or reimbursement by the fund.

(b) The cost of equipment purchases, other than routinely required supplies that are expended at a given site or equipment required to be installed at a site to implement a Corrective Action Plan, shall not be charged as a lump sum to the cost of rehabilitating any given site at which funds are being claimed for containment, investigative, or corrective action costs. Examples of equipment that could not be charged to a specific site would include: drilling rigs, earth moving equipment, groundwater sampling pumps, and photoionization detectors. Examples of equipment that could be charged to a specific site would include: bailers, sample containers, etc. Hourly charges for equipment may be established in the cost proposal submitted for each major phase of work. These hourly rates shall be competitive with similar charges by other approved contractors, or they may be rejected by the Division if they are determined to represent unreasonable costs.

(c) The tank owner or operator or petroleum site owner fund deductible amounts as specified in subparagraph (6)(b) of this rule are not eligible for reimbursement from the fund. Proof of payment of these initial amounts is required prior to reimbursement of any costs. The tank owner or operator or petroleum site owner fund deductible for taking corrective action cannot include any cost defined as fund ineligible in subparagraphs (a) and (b) of this paragraph.

(d) Costs of removing underground storage tanks, other than those costs approved in accordance with the provisions of paragraph (7) of this rule, including any expenditure associated with the proper closure of a tank in compliance with Rule 0400-18-01-.07 shall not be eligible for fund payment or reimbursement.

(e) Corrective action costs associated with a release of petroleum caused by overt actions taken by the tank owner or operator or petroleum site owner or his employee(s) will not be eligible for reimbursement from the fund, for example, an overfill release caused by the disabling of an overfill prevention device.

(9) Fund obligations.

(a) Contingent upon availability of funds, the Commissioner will make obligations from the fund when:

A cost proposal for containment, investigative, or corrective actions, submitted in accordance with paragraph (10) of this rule, is approved by the Division;
A judgment for a third-party claim is submitted for payment in accordance with paragraphs (6), (11), and (12) of this rule;
A payment application is received and approved by the Division for costs associated with providing an alternate water supply to a person whose water supply has been contaminated by a release of petroleum; or 4. The Commissioner or Board determines it is necessary to provide for containment, investigation, identification, reasonable and safe cleanup, and as otherwise provided in the Tennessee Petroleum Underground Storage Tank Act.

(b) If the unobligated balance of the fund is less than the total amount associated with payment applications, cost proposals, and third-party judgments which have been accepted by the Commissioner, to the extent allowed by available funds, funds will be obligated in the chronological order in which the claims were submitted.

(c) All claims against the fund are clearly obligations only of the fund and not of the State, and any amounts required to be paid under this part are subject to the availability of sufficient monies in the fund. The full faith and credit of the State shall not in any way be pledged or considered to be available to guarantee payment from such fund.

(10) Requirements for reimbursement of corrective action costs.

An eligible tank owner or operator or petroleum site owner conducting UST corrective actions is entitled to reimbursement of reasonable costs from the fund, subject to the provisions set forth in this paragraph.

(a) Upon confirmation of a release in accordance with paragraph (3) of Rule 0400-18-01- .05 or after a release from the UST system is identified in any other manner, tank owners or operators or petroleum site owners shall comply with the requirements of

Rule 0400-18-01-.06 as necessary to investigate the release, characterize the site and control any hazards posed by the release in order to stabilize the site, prevent significant risk to human health and safety, and prevent continuing damage to the environment.

(b) Upon confirmation of a release in accordance with the requirements of paragraphs (1) through (3) of Rule 0400-18-01-.05 or after a release from the UST system is identified in any other manner, the tank owner or operator or petroleum site owner shall select a contractor from the Division’s list of approved contractors if the tank owner or operator or petroleum site owner expects to apply for reimbursement from the fund. The tank owner or operator or petroleum site owner shall notify the Division in writing of such a selection within 30 days or another time frame specified by the Division. A contractual agreement shall be established between the tank owner or operator or petroleum site owner and the contractor in accordance with the requirements of T.C.A. § 68-215-129.

The tank owner or operator or petroleum site owner shall provide the Division a copy of the contractual agreement.

(c) Corrective actions performed prior to acceptance of an associated cost proposal as required under Rule 0400-18-01-.06 may not be eligible for reimbursement.

(d) If the cost of completing any of the corrective actions is expected to exceed the amount of an accepted cost proposal, an amended cost proposal shall be submitted to the Division and approval obtained to allow additional funds to be obligated.

(e) Any corrective action that is carried out in response to any discharge, release, or threatened release of petroleum from a UST shall be conducted in accordance with the requirements of Rules 0400-18-01-.06 and subparagraphs (a) and (b) of this paragraph.

(f) The tank owner or operator or petroleum site owner or the selected corrective action contractor shall keep and preserve detailed records demonstrating compliance with approved investigative and corrective action plans and all invoices and financial records associated with costs for which reimbursement will be requested. These records shall be kept for at least three years after corrective action has been completed for a site.

(g) Any approved corrective action shall be implemented in a manner acceptable to the Division in accordance with an approved Corrective Action Plan, if applicable, in order for the tank owner or operator or petroleum site owner to be eligible for the reimbursement of costs.

(h) The tank owner or operator or petroleum site owner and his/her representative or corrective action contractor shall gather and maintain documentation and records necessary to verify the necessity for any implemented corrective action and any claim for reimbursement from the fund. Further, the tank owner or operator or petroleum site owner, and his/her representative or corrective action contractor, shall fully cooperate with any audit which the Commissioner, or his authorized representatives, conducts to verify the expenditures and costs contained within documentation submitted to the Division for reimbursement from the fund. Therefore, the tank owner or operator or petroleum site owner, and his/her representative or corrective action contractor, shall produce any records, data, documents, information, and personnel for interviews as necessary in the Commissioner’s determination to fully and completely conduct an audit.

(i) To avoid a conflict of interest, if the tank owner or operator or petroleum site owner expects to be reimbursed from the fund for the cost of laboratory analysis of environmental samples, the approved CAC hired by the tank owner or operator or petroleum site owner shall not be in control of or controlled by the laboratory performing analysis of environmental samples nor controlled by the same parent company.

(11) Requirements for fund reimbursement of third-party claims.

To assert a claim for payment or reimbursement of a third-party claim, an eligible tank owner or operator or petroleum site owner shall comply with each of the following:

(a) Notify the Division in writing within 21 days upon the receipt of written notice of the third-party liability suit. Thereafter, the tank owner or operator or petroleum site owner shall submit to the Division a report that accurately reflects the status of the lawsuit every four months, until the litigation is resolved. The tank owner or operator or petroleum site owner shall also notify the Division in writing 14 days in advance of any settlement conference or settlement agreement;

(b) The release is fund eligible pursuant to paragraph (3) of this rule;

(c) Submit to the Division copies of all available documents used to support the claim(s) of property damage(s) or bodily injury(ies), including, but not limited to, invoices, cost estimates or bid proposals, appraisals, medical evaluations, and medical bills.

(d) The third party has obtained against the tank owner or operator or petroleum site owner a final judgment enforceable in Tennessee or pursuant to a settlement reviewed and approved by the Division. The tank owner or operator or petroleum site owner shall file a motion with the court requesting that the final judgment specify the type and amount of all damages awarded to the third party(ies);

(e) The final judgment is for an amount greater than the applicable fund deductible amount in effect on the date of release.

(f) The tank owner or operator or petroleum site owner, and his/her representative or corrective action contractor, shall gather and maintain documentation and records necessary to verify any claim for reimbursement from the fund. Further, the tank owner or operator or petroleum site owner, and his/her representative or corrective action contractor, shall fully cooperate with any audit which the Commissioner, or his authorized representatives, conducts to verify the expenditures and costs contained within documentation submitted to the Division for reimbursement from the fund.

Therefore, the tank owner or operator or petroleum site owner, and his/her representative or corrective action contractor, shall produce any records, data, documents, information, and personnel for interviews as necessary in the Commissioner’s determination to fully and completely conduct an audit.

(12) Applications for payment.

(a) Applications for reimbursement for costs of corrective actions shall be submitted on a form established by the Division itemizing all charges according to labor hours and rates, analytical charges, equipment charges, and other categories that may be identified by the Division, or which the applicant may wish to provide.

(b) The following statement shall be signed in accordance with the requirements of either

part 1. or 2. of this subparagraph:

“I certify to the best of my knowledge and belief: that the costs presented therein represent actual costs incurred in the performance of response actions at this site during the period of time indicated on this application; that an accidental release has occurred from a petroleum underground storage tank system at this site; and that no charges are presented as part of this application that do not directly relate to the performance of corrective actions related to the release of petroleum at this site.”

The tank owner or operator or petroleum site owner and the approved CAC or an authorized representative of the approved CAC shall sign the application for payment containing the statement in this subparagraph if authorized payments from the fund will be made in accordance with the provisions of subparagraph (14)(a) of this rule.
The tank owner or operator or petroleum site owner shall sign the application for payment containing the statement in this subparagraph if authorized payments from the fund will be made in accordance with the provisions of subparagraph (14)(b) of this rule.

(c) Applications for payments may be submitted following acceptance by the Division of completed corrective actions. Such corrective actions may include but are not limited to the following:

Completion of hazard management activities that were authorized by the Division, including, but not limited to, provision of an alternate water supply;
Completion and submittal of a Hazard Management Report;
Development and submittal of an Initial Site Characterization Report;
Development and submittal of a Risk Analysis Report;
Implementation of interim remediation or risk management activities which were authorized by the Division;
Advanced risk-based modeling development which was authorized by the Division; or 7. Development and/or implementation of a Corrective Action Plan which was authorized by the Division.

(d) Reserved.

(e) All payments shall be subject to approval by the Division. Should a site inspection or other information available to the Division reveal a discrepancy between the work performed and the work addressed by a payment application, the Division may deny payment or may require the fund to be reimbursed.

(f) All applications for payment of costs of cleanup shall be received by the Division within one year of performance of the task or tasks covered by that application in order to be eligible for payment from the fund.

(g) For payment of third-party claims, the tank owner or operator or petroleum site owner shall submit an application to the Division, using the approved form, attaching the original or a certified copy of a final judgment (enforceable in Tennessee) with proof of payment of the applicable fund deductible for compensation of third parties as specified in subparagraph (6)(b) of this rule. The tank owner or operator or petroleum site owner shall submit proof that a motion was submitted to the court on their behalf requesting that the type and amounts of all damages awarded to the third party(ies) in the final judgment be specifically listed. This application shall be received by the Division no later than 30 days after notification of judgment.

The Division may require additional information to determine the eligibility of a cost for payment.
If the application is determined to be incomplete, the Division shall notify the applicant of the deficiencies. The applicant shall submit supplemental information to correct the deficiencies within 45 days of receipt of notice. The applicant may submit a written request for an extension of time for submittal of information to the Division. The applicant’s written application shall be subject to the approval of the Division and shall state the conditions that warrant an extension of submittal time.
Only the following third-party claims shall be eligible for payment or reimbursement from the fund:

(i) Awards for property damage to third parties made by a court of suitable jurisdiction in Tennessee or in a settlement approved by the Division; and (ii) Awards for bodily injury to third parties made by a court of suitable jurisdiction in Tennessee or in a settlement approved by the Division.

(13) Settlement of third-party claims.

(a) No settlement of a third-party claim shall be made by a tank owner or operator or petroleum site owner without the prior approval of the Division. The fund shall not be obligated to pay any claim for reimbursement if the tank owner or operator or petroleum site owner enters into a settlement without the prior approval of the Division.

(b) The fund shall not be obligated to pay any final and enforceable third-party judgment or reimburse a tank owner or operator or petroleum site owner for payment of the judgment in any amount exceeding a settlement offer rejected by the tank owner or operator or petroleum site owner which was submitted to the Division, reviewed and approved by the Division for payment.

(14) Fund payment procedures.

(a) Where the tank owner or operator or petroleum site owner has submitted a complete application for payment for corrective actions or third-party claims, but has not paid for these activities or claims, payments will be made by direct deposit to the provider of the corrective action services or third party.

(b) Payments from the fund will be made by direct deposit to the eligible tank owner or operator or petroleum site owner in cases where the tank owner or operator or petroleum site owner submits documentation verifying the tank owner or operator or petroleum site owner has paid in excess of the applicable fund deductible for taking corrective actions as specified in subparagraph (6)(b) of this rule.

(c) The tank owner or operator or petroleum site owner is responsible for final payment to the contractor who performed the corrective actions and for payment of judgments to third parties.

(d) The tank owner or operator or petroleum site owner is responsible for submitting a complete application for payment for corrective actions within one year of the performance of the task or tasks covered by that application pursuant to T.C.A. § 68- 215-111(f)(8). A complete application requires submittal of the following:

Certification Affidavit – Responsible Party;
Certification Affidavit – Corrective Action Contractor;
Invoice Summary Information;
Invoices for the work performed and supporting documentation including, but not limited to, emails, report excerpts, subcontractor documentation, and training certifications;
Cleanup contract between the eligible tank owner or operator or petroleum site owner and the Corrective Action Contractor in accordance with T.C.A. § 68-215- 129 and subparts (15)(b)2.(iv) through (vi) of this rule;
Department of the Treasury Internal Revenue Service Form W-9 for the eligible tank owner or operator or petroleum site owner and the Corrective Action Contractor; and 7. Any additional documents requested by the Division.

Incomplete applications will be denied payment from the fund if not remedied within the timeframe established by the Division.

(e) Contingent upon availability of funds, the Division shall process all complete applications for payment as soon as possible upon receipt of application. If the Division determines all costs are reasonable and eligible for reimbursement, payment will be issued within 90 days once costs have been determined to be reasonable and eligible for reimbursement. If the Division determines certain costs are not reasonable or eligible for reimbursement, the Division may issue payment by direct deposit for the amount of the approved costs and provide a schedule for which the tank owner or operator or petroleum site owner or contractor may present such information as is necessary to justify the disallowed costs. Following review of such information, the Division may agree to pay the previously disallowed costs, or any portion thereof, or may again disallow the costs for payment. If the Division disallows costs upon a second review, the tank owner or operator or petroleum site owner may petition the Board for a hearing on the disallowance pursuant to Rule 0400-18-01-.11.

(15) Approval of corrective action contractors.

(a) The CAC is the person responsible for conducting and overseeing the corrective action at a petroleum underground storage tank site. There shall be only one CAC for each site.

The CAC shall be either:

(i) A properly licensed contractor, licensed engineer, registered geologist, or other licensed environmental professional; or (ii) An owner or operator of the petroleum underground storage tank(s) that caused the release of petroleum to the environment or a petroleum site owner, provided that each contractor/subcontractor working for the owner or operator or petroleum site owner shall be a properly licensed contractor pursuant to T.C.A. Title 62, Chapter 6, Part 1.

(b) CACs will be approved to perform fund-eligible work upon satisfaction of the following:

The CAC files an application in a format established by the Division to become an approved corrective action contractor with the Division.

(i) The application shall be updated by April 1 of each year, or, if reasonable justification is provided, in accordance with a schedule established by the Division; and (ii) The application shall include the following information:

(I) The name of the CAC;

(II) The principal(s) of the CAC;

(III) The name of a contact person for the CAC;

(IV) Address(es) of the CAC’s office;

(V) Office phone number(s) of the CAC;

(VI) Office facsimile number of the CAC;

(VII) Electronic mail address of the CAC;

(VIII) Type of business (including, but not limited to, Limited Liability Company, Corporation, Partnership, Sole Proprietorship, Tank Owner, or Individual; and (IX) Other information requested by the Division.

The CAC submits a sworn statement with the application in part 1. of this subparagraph, including the following provisions:

(i) The CAC shall abide by and comply with the Rules and Regulations of the Department of General Services, Chapter 0690-03-01, Comprehensive Rules and Regulations of the Central Procurement Office;

(ii) The CAC shall have written contract(s) with all contractors/subcontractors, and those contract(s) shall contain provisions that the contractors/subcontractors will abide by and comply with the Rules and Regulations of the Department of General Services, Chapter 0690-03-01, Comprehensive Rules and Regulations of the Central Procurement Office.

Contract(s) between the CAC and contractors/subcontractors shall also contain provisions that all site workers working under authority of contractors/subcontractors shall have applicable health and safety training when required by the Tennessee Department of Labor and Workforce Development;

(iii) Site workers working under authority of the CAC shall have the applicable health and safety training when required by the Tennessee Department of Labor and Workforce Development;

(iv) The CAC understands that reimbursement from the fund shall be in accordance with the reasonable rate schedule as established by the Division;

(v) If the CAC is not the owner or operator of the tank that caused the release or the petroleum site owner, the CAC shall have a written contract with the tank owner or operator or petroleum site owner. The contract shall contain the following sentence conspicuously located on the first page of the contract:

The corrective action contractor will/will not (mark one) use the Division’s reasonable rate schedule when invoicing the owner or operator or petroleum site owner for the expenses incurred in the investigation and cleanup of this site.

(vi) If the CAC is the owner or operator of the tank which caused the release or the petroleum site owner, the CAC shall have a written contract with all contractors/subcontractors. The contract shall contain the following sentence conspicuously located on the first page of the contract:

The contractor/subcontractor (mark one) will/will not (mark one) use the Division’s reasonable rate schedule when invoicing the tank owner or operator or petroleum site owner for the expenses incurred in the investigation and cleanup of this site;

(vii) The CAC’s services shall be performed in a manner consistent with the level of care and skill ordinarily exercised by members of their profession practicing in the State of Tennessee, under similar conditions, and at the time the services were rendered. The CAC shall not knowingly or willfully cause the spread of contamination nor inhibit corrective action at the site;

(viii) The CAC shall gather and maintain documentation and records necessary for filing a claim with the fund;

(ix) The CAC shall, at a minimum, follow Quality Assurance/Quality Control Standard Operating Procedures supplied by the Division, unless alternate Quality Assurance/Quality Control is approved in writing in advance by the Division;

(x) The CAC shall assure that the CAC or any person the CAC employs or contracts with to engage in the practice of engineering shall be appropriately licensed/registered under T.C.A. Title 62, Chapter 2, and rules promulgated thereunder;

(xi) The CAC shall assure that any and all work defined as contracting in the Tennessee Contractors Licensing Act of 1994 (T.C.A. Title 62, Chapter 6,

Part 1) shall be performed by a licensed contractor(s) with appropriate classification and monetary limitation;

(xii) The CAC shall assure that the CAC or any person the CAC employs or contracts with to perform professional geologic work shall be appropriately registered under the Geologist Licensure Act of 2007 (T.C.A. Title 62,

Chapter 36); and (xiii) The CAC shall assure that all work done by the CAC had the prior approval of a registered professional engineer or professional geologist who is licensed/registered with the Tennessee Department of Commerce and Insurance, and the work was done as specified in this chapter, or according to a plan approved by the Division. The CAC shall assure that all plans and reports submitted to the Division were prepared and signed by the registered professional engineer or professional geologist who prepared or is responsible for the plan or report. The CAC shall further assure that a registered professional engineer or professional geologist shall make periodic site visits to verify whether or not the work performed was as specified by the registered professional engineer or professional geologist, and as specified in this chapter, or according to a plan approved by the Division. The CAC shall require a registered professional engineer or professional geologist to submit a signed certification based on their personal observation and review of job site records stating whether or not the work was performed as directed by the registered professional engineer or professional geologist, and whether or not the work has been performed in accordance with this chapter, or a plan approved by the Division. If the work was not performed according to the above specifications, the certification shall include a listing of how the work which was performed varies from this chapter, the approved plan, or the authorization of the registered professional engineer or professional geologist and the specific reason for each variation. The certification shall be submitted according to a schedule and format determined by the Division.

(xiv) The CAC shall fully and completely cooperate with the Commissioner during any audit by the Commissioner or his authorized representative, and comply with subparagraphs (10)(h) and (11)(f) of this rule.

The CAC has any applicable license(s) and registration(s) required in the State of Tennessee; and (i) If the CAC is a licensed contractor, the CAC shall be properly licensed with an S-B Underground Storage Tanks and an S-E Air, Water, or Soil Remediation or other applicable classification, with a monetary limitation as required under Rule 0680-01-.13 and established by the Board for Licensing Contractors of the Tennessee Department of Commerce and Insurance in the amount of at least $350,000. Date of license expiration shall be included. The CAC shall submit requirements of this part with the application required in part 1. of this subparagraph and shall submit documentation of any changes or renewals of the CAC’s Tennessee contractor’s license. (There shall be no fund reimbursement for those expenses that exceed the contractor’s monetary limitation.)

(ii) All contractors and their subcontractors and employees shall have any other applicable license(s) and registration(s).

The CAC shall maintain liability insurance coverage of the types and in the amounts described in the Table below, or the equivalent, and shall provide certification, with the Division listed as a certificate holder, to the Division of such coverage with the application described in part 1. of this subparagraph on April 1 of each year thereafter, or, if reasonable justification is provided, in accordance with a schedule established by the Division, to keep the Division updated as to the CAC’s current insurance coverage.

TYPE OF POLICY Limits of Liability Description Workers’ Compensation Statutory All states Employer’s Liability $500,000 Automobile Liability $1,000,000 combined single limit (bodily injury and property damages)

All owned, non-owned, and hired vehicles General Liability $1,000,000 combined single limit Broad Form Comprehensive General Liability 5. The CAC shall submit a list of the CAC’s employees that will be utilized by the CAC as a part of the assessment and remediation of UST sites in Tennessee.

(i) The list shall include, but not necessarily be limited to, the following information for each employee on the list:

(I) Job description;

(II) Primary and secondary billing titles;

(III) Level of education, including any college degrees, and date(s) of graduation;

(IV) Tennessee professional registration(s) and license number(s);

(V) Office location;

(VI) Electronic mail address; and (VII) Telephone number(s).

(ii) The list of employees shall be submitted with the application described in

part 1. of this subparagraph and annually with a due date of April 1 of each year thereafter or, if reasonable justification is provided, in accordance with a schedule established by the Division.

(iii) When a new employee begins working for a CAC, within 15 days of the first day of employment or as soon as their work time will be submitted to the Division for reimbursement, the CAC shall submit the employee information required in subpart (i) of this part to the Division.

CACs who submitted applications but did not meet the requirements of parts (b)1. through 5. of this paragraph may submit a subsequent application for review at such time they feel that the requirements of (b)1. through 5. of this paragraph may have been met.
If the Division does not approve a CAC and does not place the CAC on the list of Approved CACs, the decision of the review committee may be appealed to the Board in accordance with Rule 0400-18-01-.11.

(d) At any time other than when the Division compiles the new year’s Approved CAC list after the submission of information each April 1, a CAC will be removed from the Division’s Approved CAC list when it has been determined that the CAC has failed to satisfactorily maintain the requirements of subparagraph (b) of this paragraph or has committed one or more of the violations listed in subparagraph (e) of this paragraph.

The removal process shall be initiated when a complaint is referred to the Division’s review committee consisting of Division staff members;
Within ten days of receipt of a complaint, the review committee shall inform the CAC via certified mail of receipt of the complaint and identify whether the complaint was filed by a person in accordance with T.C.A. § 68-215-123 or by the Board, Department, or its officials and employees acting in their official capacity;
The Division’s review committee may request the CAC to appear at a meeting to show cause why the Department should not remove the CAC from the list of approved CACs;
The CAC may request a meeting with the review committee;
The review committee shall notify the CAC of its decision via certified mail within 60 days of dispatch of the certified letter referenced in part 2. of this subparagraph;
If the review committee decides to remove the CAC from the list of Approved CACs, removal shall be effective 30 days after dispatch to the last known address on file with the Division unless:

(i) The CAC corrects the non-compliance to the satisfaction of the review committee during the 30-day period; or (ii) The CAC files a written appeal or petition for declaratory order with the Division within the 30-day period requesting a hearing to appeal the decision of the review committee to, or obtain a declaratory order from, the Board.

If the Division removes a CAC from the list of Approved CACs the CAC may either:

(i) Petition the Board for a hearing on its removal pursuant to Rule 0400-18- 01-.11, if the complaint against the CAC was filed by a person in accordance with T.C.A. § 68-215-123. The filing of an appeal will postpone actions to remove a CAC from the list of Approved CACs until the appeal is heard by the Board; or (ii) Petition the Board for a declaratory order on its removal pursuant to T.C.A. §§ 4-5-223 to -225 if the complaint against the CAC was filed by the Board, Department, or its officials and employees acting in their official capacity.

The filing of a petition will postpone actions to remove a CAC from the list of Approved CACs until the petition is heard by the Board.

If the Division does not remove a CAC from the list of Approved CACs, the complainant may petition the Board for a hearing on the decision pursuant to T.C.A. § 68-215-123;
Once the review committee has dispatched a Notice of Removal to a CAC via certified mail, the Division will approve no additional plans, scopes of work, or cost proposals if such approval will cause Division personnel to violate T.C.A. § 62-6-120(c)(1);
If an appeal, referenced in subpart 7.(i) of this subparagraph, is not filed during the 30-day period, the decision of the review committee will be final;
A CAC removed from the approved CAC list may reapply for approval as provided for in subparts (i) or (ii) of this part:

(i) A CAC who was removed from the Approved CAC list due to failure to satisfactorily maintain the requirements of subparagraph (b) of this paragraph may reapply under subparagraphs (b) and (c) of this paragraph once the requirements of subparagraph (b) of this paragraph have been met;

(ii) A CAC who was removed from the Approved CAC list due to one or more of the violations listed in (e) below may reapply one year after the decision of the review committee becomes final. The CAC shall submit evidence showing the reasons why the CAC should be reinstated for evaluation by the review committee. The CAC shall reapply under the provisions of subparagraphs (15)(b) and (c) of this rule.

(e) A CAC may be removed from the list of Approved Corrective Action Contractors if it is determined by the review committee that the CAC has done any of the following:

The CAC charged the State or tank owner or operator or petroleum site owner for unnecessary or unapproved work or work which was not performed;
The CAC filed false information with the Department;
The CAC has been found guilty of violating any of the following or a comparable law in another jurisdiction:

(i) T.C.A. § 39-16-503 Tampering with or fabricating evidence.

(ii) T.C.A. § 39-16-504 Destruction of and tampering with governmental records.

(iii) T.C.A. § 39-14-130 Destruction of valuable papers with intent to defraud.

(iv) T.C.A. § 39-14-114 Forgery.

(v) T.C.A. § 39-14-104 Theft of services.

(vi) T.C.A. § 39-14-103 Theft of property.

(vii) T.C.A. Title 68, Chapter 211, Part 1 Solid Waste Disposal Act.

(viii) T.C.A. Title 68, Chapter 212, Part 1 Hazardous Waste Management Act.

(ix) T.C.A. Title 69, Chapter 3, Part 1 Water Quality Control Act.

(x) Other environmental regulatory legislation.

The CACs or an employee(s), principal(s), or officer(s) of the CAC is found to have engaged in the unauthorized practice of engineering, contracting, or geology under T.C.A. Title 62, Chapter 2, Part 1; Title 62, Chapter 6, Part 1; Title 62, Chapter 36, Part 1; or a comparable law in another jurisdiction by the appropriate regulatory agency or court.
Due to the quality of work performed by the CAC, the CAC has significantly delayed or inhibited progress in achieving appropriate corrective action at a site(s). This shall include, but shall not be limited to, the following:

(i) The CAC performs a non-approved action that spreads contamination in the environment;

(ii) The CAC files a plan, including, but not limited to, a Free Product Investigation Plan or a Corrective Action Plan, which is rejected by the Division as deficient, followed by three subsequent revisions, each of which is rejected by the Division as deficient; or (iii) The CAC fails to supply recommendations for further assessment, remediation, SSCLs, site closure, or other conclusions supported by the following:

(I) The physical and chemical characteristics of petroleum, including its toxicity, persistence, and potential for migration;

(II) The hydrogeologic characteristics of the petroleum site and the surrounding land;

(III) The proximity, quality, and current and future uses of groundwater;

(IV) An exposure assessment;

(V) The proximity, quality, and current and future uses of surface waters;

(VI) Applicable rules in this chapter; and (VII) The magnitude and extent of petroleum contamination at the petroleum site and the surrounding land.

(iv) The CAC supplies recommendations for further assessment, remediation, SSCLs, site closure, or other conclusions not supported by items (iii)(I) through (VII) of this part.

The CAC filed plan(s) or report(s) which do not bear the appropriate signature and Tennessee license/registration number of a registered professional engineer or professional geologist.
The CAC performed work which did not have the prior approval of a registered professional engineer or professional geologist who is licensed/registered with the Tennessee Department of Commerce and Insurance.
The CAC has deviated from an approved plan or scope of work without the approval of the Division. This includes, but is not limited to, the following:

(i) Failure to follow Quality Assurance and Quality Control approved in the plan, or (ii) Failure to follow the schedule for implementation approved in the plan.

The CAC has failed to follow Quality Assurance/Quality Control (QA/QC) procedures supplied by the Division without having alternate QA/QC approved in advance in writing by the Division.
The CAC has failed to follow a rule in this chapter.
The CAC failed to have a registered professional engineer or professional geologist file a signed certification according to a schedule and format required by the Division. Said certification shall be based on the registered professional engineer’s or professional geologist’s personal observation and review of job site records. The certification shall state whether or not the work was performed as directed by a registered professional engineer or professional geologist, and whether or not the work has been performed in accordance with this chapter, or a plan approved by the Division. The certification shall include a listing of how the work performed varies from this chapter, the approved plan, or the work approved of the registered professional engineer or professional geologist and the specific reason for each variation.

(f) A CAC that fails to comply with the requirements of parts (b)1., 4., or 5. of this paragraph on April 1 of any year, or, if reasonable justification is provided, in accordance with a schedule established by the Division will not be eligible to remain on the list of Approved CACs.

The review committee shall inform the CAC via certified mail that removal shall be seven days after dispatch to the last known address on file with the Division unless the CAC corrects the non-compliance to the satisfaction of the review committee during the seven-day period.
A CAC that fails to correct this noncompliance as provided in part 1. of this subparagraph, may reapply to be on the Approved CAC list under subparagraphs (b) and (c) of this rule once the CAC can meet all the requirements.

(g) No CAC shall be placed on the Approved Corrective Action Contractors list if the CAC is on a list of contractors banned from usage on federally funded projects. If a CAC on the Approved Corrective Action Contractors list is placed on the list of contractors banned from usage on federally funded projects, that CAC will be removed from the Approved Corrective Action Contractors list. When the CAC is removed from the list of contractors banned from usage on federally funded projects, the CAC may apply to be added to the Approved Corrective Action Contractors list according to procedures outlined in subparagraphs (b) and (c) of this paragraph. A CAC on a list of contractors banned from usage on federally funded projects cannot work as a subcontractor to an approved corrective action contractor.

(h) The appearance of a CAC on the Division’s list of Approved Corrective Action Contractors shall in no way establish liability or responsibility on the part of the Division, the fund, or the State of Tennessee in regards to the services provided by the CAC or circumstances which may occur as a result of such services.

(i) A tank owner or operator or petroleum site owner may perform corrective actions for releases of petroleum from USTs the tank owner or operator owns or operates, or, in the case of a petroleum site owner, from USTs on a petroleum site owned by the petroleum site owner, provided that the tank owner or operator or petroleum site owner submits an application with documentation as described in subparagraphs (b) and (c) of this paragraph and the application is approved by the Division. The tank owner or operator or petroleum site owner may use qualifications of subcontractor(s) in addition to qualifications of the tank owner or operator or petroleum site owner in applying for approved corrective action contractor status. If a tank owner or operator or petroleum site owner uses a subcontractor(s) in qualifying for an approved corrective action contractor classification and there is a change of a subcontractor whose qualifications were used in the application or documentation, then the tank owner or operator or petroleum site owner shall notify the Division; the tank owner or operator or petroleum site owner shall be removed from approved corrective action contractor status. The tank owner or operator or petroleum site owner shall submit a new application with documentation and be approved as discussed in subparagraphs (b) and (c) of this paragraph to continue work as an approved corrective action contractor.

(j) A CAC working as a subcontractor under contract to an approved CAC is not required to be classified as an approved CAC. The subcontractor shall maintain all applicable license(s) and registration(s) required in the State of Tennessee for work performed.

(16) Reserved.

(17) Failure to take proper action.

Any responsible party who fails without sufficient cause to properly provide for removal of petroleum or remedial action upon order of the Commissioner pursuant to this chapter may be liable to the State for a penalty in an amount equal to 150% of the amount of any costs incurred by the State as a result of such failure to take proper action. The Commissioner may recover this penalty in an action commenced under T.C.A. § 68-215-115, paragraph (16) of this rule, or in a separate civil action, and such penalty shall be in addition to any costs recovered from such responsible party pursuant to this chapter.

(18) Severability.

If any paragraph, subparagraph, part, subpart, item or subitem, section or subsection of this

rule is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this rule shall not be affected thereby.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective October 13, 2018. Amendments filed March 17, 2021; effective June 15, 2021. Amendments filed October 27, 2025; effective January 25, 2026. Amendments filed January 9, 2026; effective April 9, 2026.

Tenn. Comp. R. & Regs. 0400-18-01-.06 , then assessment and remediation, in accordance with the requirements of Rule 0400-18-01-.06, must be continued for the site to remain fund eligible after the holder has sold or otherwise disposed of his interest in it.

(4) Fee Payment.

Annual tank fees may be paid after foreclosure either by the holder or by an operator who is in charge of the daily operation of the UST systems provided that the holder has properly registered the tanks in accordance with paragraph (2) of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective October 13, 2018. Amendments filed March 17, 2021; effective June 15, 2021.

Tenn. Comp. R. & Regs. 0400-18-01-.07 .

(3) Release response, remediation, and risk management records.

Records documenting the actions taken to assess, remediate and/or manage petroleum contamination at a petroleum site caused by a release from a UST system shall be maintained as permanent records by the Division due to the following factors:

(a) These records pertain to real property, causing them to have permanent value.

These records may contain copies of Notices of Land Use Restrictions, which have been attached to the deed to real property, in accordance with subparagraph (8)(c) of Rule 0400-18-01-.06 and T.C.A. § 68-212-225.
Reserved.

(b) SSCLs are required to be based on current and reasonably anticipated use of the property and location of receptors in accordance with part (5)(b)4. of Rule 0400-18-01- .06.

If a person is contemplating a future use that was not anticipated at the time the site assessment and remediation was done in accordance with Rule 0400-18-01- .06, new risk calculations may need to be made taking into consideration the historical documents; and 2. If a person is contemplating the future location of receptors that were not anticipated at the time the site assessment and remediation was done in accordance with Rule 0400-18-01-.06, new risk calculations, including the risk of human exposure to carcinogens, may need to be made taking into consideration the historical documents.

(4) Reimbursement records.

Records documenting fund eligibility determinations and/or fund reimbursement payment

history associated with a petroleum site shall be maintained as permanent records by the Division due to the following factors:

(a) These records have fiscal value, causing them to have permanent value.

(b) The per site per occurrence maximum reimbursable amount is set forth in paragraph (6) of Rule 0400-18-01-.09, for taking corrective actions. Reimbursement records contain information concerning the portion of this reimbursement amount which has been expended and the balance, if any, available for future reimbursement for corrective actions which might need to be taken in the future for previously undetected contamination.

Post tank closure discovery of residual contamination.

(i) There may be some residual petroleum contamination that is not discovered during the site assessment at tank closure required by subparagraph (5)(a) of Rule 0400-18-01-.07.

(ii) Some petroleum underground storage tanks regulated under T.C.A. §§ 68- 215-101 et seq. were permanently closed, and in some cases removed from the ground, prior to the promulgation of regulatory requirements to perform a site assessment at closure. Residual petroleum contamination may exist at such sites and may be discovered many years after the tanks were permanently closed.

Discovery of residual contamination post closure of a contamination case.

(i) Previously undetected residual petroleum contamination may be discovered years after assessment and remediation activities have been completed in accordance with Rule 0400-18-01-.06.

(ii) Additional remediation activities may be needed after assessment and remediation activities have been completed in accordance with Rule 0400- 18-01-.06 if the risk at the site has changed, as described in subparagraph (3)(b) of this rule.

(5) Tank closure records.

The Division shall maintain tank closure information that has been provided to the Division or otherwise obtained by the Division. Records documenting tank closure as well as the site assessment records associated with tank closure shall be maintained as permanent records by the Division due to the following factors:

(a) These records pertain to real property, causing them to have permanent value; and (b) In accordance with subparagraph (4)(b) of Rule 0400-18-01-.07 petroleum underground storage tanks may be closed in place if they are filled with an inert substance or removed from the ground. It is important, when future use of the petroleum site is being considered, to know which tank closure option was utilized.

(6) Orders for correction and/or assessment, and cost recovery actions.

Records documenting enforcement actions that result in the issuance of an administrative order, under the provisions of T.C.A. § 68-215-114, and/or the issuance of an administrative order for the assessment of civil penalties, under the provisions of T.C.A. § 68-215-121, and records relating to cost recovery actions, under the provisions of T.C.A. § 68-215-115, shall be maintained as permanent records by the Division due to the following factors:

(a) These records have legal value; and (b) These records have fiscal value. These records may contain information concerning uncollected debts owed to the State of Tennessee, for example, when a respondent moves after being served with an administrative order and leaves no forwarding address.

(7) Maintenance of records.

(a) All Division records, including the permanent records specified in this rule, may be maintained as paper records, compact disks, microfilm records, electronic records, photographic records, and/or other forms that allow access for review and duplication.

(b) The form of the record at the time of submittal to the Division shall not limit or otherwise prescribe the form in which that record may be permanently maintained.

(c) Nothing in this rule shall be construed to mean that the Division is required to accept record submittals in any form other than that prescribed by the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective October 13, 2018. Amendments filed October 27, 2025; effective January 25, 2026.

Tenn. Comp. R. & Regs. 0400-18-01-.08 FINANCIAL RESPONSIBILITY

(1) Purpose.

A tank owner or operator is required to pay for corrective action and/or for compensating third parties for bodily injury or property damages caused by accidental releases arising from the operation of petroleum underground storage tank systems. Furthermore, a tank owner or operator is required to demonstrate financial responsibility or the ability to pay for corrective action and/or for compensating third parties for bodily injury or property damages caused by accidental releases arising from the operation of petroleum underground storage tank systems. The purpose of this rule is to authorize the use of certain financial assurance mechanisms to satisfy the requirement to demonstrate financial responsibility.

(2) Applicability.

(a) This rule applies to owners and/or operators of all petroleum underground storage tank (UST) systems except as otherwise provided in this paragraph.

(b) State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States are deemed to meet financial responsibility requirements without having to meet the requirements of this rule.

(c) The requirements of this rule do not apply to owners and/or operators of any UST system described in subparts (2)(b)1.(i), (iv) and (v) and subparagraph (2)(c) of Rule

Tenn. Comp. R. & Regs. 0400-18-01-.09 PETROLEUM UNDERGROUND STORAGE TANK FUND

(1) Purpose.

This rule establishes the manner in which disbursements are made from the Tennessee Petroleum Underground Storage Tank Fund and implements the purposes and objectives of the Tennessee Petroleum Underground Storage Tank Act.

(2) Applicability.

(a) Requirements of this rule apply to all tank owners and operators and petroleum site owners of an underground storage tank system as defined in paragraph (4) of Rule

Tenn. Comp. R. & Regs. 0400-18-01-.10 FEE COLLECTION

(1) Purpose.

The purpose of this rule is to establish a system and schedule for collection of underground storage tank fees.

(2) Applicability.

Requirements of this rule apply to the following persons:

(a) Owners and operators of petroleum underground storage tanks or tank compartments required to be reported under the requirements of T.C.A. Title 68, Chapter 215, Part 1, as follows:

All petroleum underground storage tanks and tank compartments that are actively storing petroleum;
All petroleum underground storage tanks and tank compartments that are reported as in service at the start of the annual billing cycle (July 1 for underground storage tanks and tank compartments in East Tennessee, October 1 for underground storage tanks and tank compartments in Middle Tennessee, and January 1 for underground storage tanks and tank compartments in West Tennessee); and 3. All petroleum underground storage tanks and tank compartments taken temporarily out of service after June 30, 1988, and not properly closed in accordance with paragraphs (3) through (5) of Rule 0400-18-01-.07.

(b) Any person electing to pay annual fees on behalf of a tank owner or operator, including, but not limited to the petroleum site owner.

(3) Annual petroleum underground storage tank fees.

(a) The required fee shall be submitted in the specified amount, with checks made payable to the Tennessee State Treasurer.

(b) Any person who is an owner or operator of a petroleum underground storage tank subject to annual fees shall pay the required annual fee unless the fee is paid by another person on behalf of the tank owner or operator.

Years Assessed Fee Assessment July 1, 1988 to June 30, 1990 $100.00 Per Tank July 1, 1990 to June 30, 2005 $125.00 Per Tank July 1, 2005 to June 30, 2013 $250.00 Per Tank Compartment July 1, 2013 to June 30, 2021 $125.00 Per Tank Compartment July 1, 2021 to June 30, 2031 Suspended Suspended July 1, 2031 forward $125.00 Per Tank Compartment (d) The amount of the annual administrative service fee for agencies and functions of the U.S. Government shall be:

Years Assessed Fee Assessment July 1, 1988 to June 30, 1990 $25.00 Per Tank July 1, 1990 to June 30, 2005 $25.00 Per Tank July 1, 2005 to June 30, 2013 $250.00 Per Tank Compartment July 1, 2013 to June 30, 2021 $125.00 Per Tank Compartment July 1, 2021 to June 30, 2031 Suspended Suspended July 1, 2031 forward $125.00 Per Tank Compartment Agencies and functions of the U.S. Government are not eligible for benefit or financial assistance from the Tennessee Petroleum Underground Storage Tank Fund.

(e) If an annual fee is paid on an existing underground storage tank that is subsequently permanently closed in accordance with Rule 0400-18-01-.07 and replaced by a new underground storage tank installed at the same site in accordance with paragraph (1) or (6) of Rule 0400-18-01-.02 no additional annual fee will be required, provided that the replacement tank has the same number of tank compartments as the existing tank.

If the replacement tank has more tank compartments than the existing tank, an additional annual fee of:

$250 per compartment shall be paid if the tank was replaced before July 1, 2013; or 2. $125 per compartment shall be paid if the tank was replaced on or after July 1, 2013, unless storage tank fees are suspended pursuant to subparagraph (b) of this paragraph on the date that the tank was replaced, in which case this fee shall be suspended as well.

If the replacement tank has fewer tank compartments than the existing tank, no refund of the annual fee or any portion thereof is due, as stated in subparagraph (f) of this paragraph.

(f) Payment of the entire amount of the annual fee is required for underground storage tanks and tank compartments in service or temporarily out of service during any portion of the current billing year. Except as provided in T.C.A. § 68-215-109(g), tanks and tank compartments placed into service after the current billing year begins or tanks and tank compartments which are permanently closed before the current billing year ends are not due a refund of the annual fee or any portion thereof.

(4) Failure to pay the annual petroleum underground storage tank fee.

(a) Any petroleum underground storage tank owner or operator for which the lawfully levied petroleum underground storage tank fee is owed will be assessed a monthly late payment penalty of 5% of the amount owed. Such penalty shall be assessed monthly until the fee and all associated penalties are paid; however, the total of the late payment penalties shall not exceed three times the amount of the original fee. The tank owner or operator may file with the Commissioner a written petition requesting a reduction in the penalties assessed under this subparagraph, setting forth in the petition the grounds and reasons for such a request. At the Commissioner’s sole discretion, the Commissioner may reduce the penalties that otherwise accrue if, in the Commissioner’s opinion, the failure to pay fees was due to inadvertent error or excusable neglect. However, in no event shall the penalties be reduced to an amount less than 10% per annum, plus statutory interest.

(b) To refuse or fail to pay the annual fee per tank or tank compartment to the Division is an unlawful action as described in T.C.A. § 68-215-104(3). The Division may take one or more of the following actions to prohibit delivery to any facility at which there is a petroleum underground storage tank for which annual fees or penalties have not been paid:

Affix a tag or notice to the dispensers;
Affix a tag to the fill ports; or 3. Give notice on the Department’s web site.

(c) If a lawfully levied fee has not been paid within a reasonable time allowed by the Commissioner, the Commissioner may proceed in the Chancery Court of Davidson County to obtain judgment and seek execution of such judgment against the tank owner or operator.

(5) Petroleum underground storage tank annual fee notices.

(a) Prior to the due date of the annual underground storage tanks fee, the Division shall issue fee notices to the owner or operator of the petroleum underground storage tanks.

Fee notices and due dates shall be staggered using the three grand divisions of the State of Tennessee.

Tank fees for underground storage tanks and tank compartments in the following East Tennessee counties shall be due on July 31 of each year:

Johnson, Sullivan, Carter, Washington, Unicoi, Hancock, Hawkins, Greene, Claiborne, Grainger, Hamblen, Cocke, Scott, Campbell, Union, Anderson, Knox, Jefferson, Sevier, Morgan, Roane, Loudon, Blount, Bledsoe, Rhea, Meigs, McMinn, Monroe, Grundy, Sequatchie, Hamilton, Bradley, Polk, Franklin, and Marion.

Tank fees for underground storage tanks and tank compartments in the following Middle Tennessee counties shall be due October 31 of each year:

Stewart, Montgomery, Robertson, Sumner, Macon, Clay, Pickett, Houston, Hickman, Cheatham, Davidson, Wilson, Trousdale, Smith, Jackson, Overton, Fentress, Putnam, Cumberland, White, DeKalb, Van Buren, Warren, Cannon, Rutherford, Williamson, Dickson, Humphreys, Perry, Wayne, Lewis, Lawrence, Maury, Giles, Marshall, Lincoln, Moore, Bedford, and Coffee.

Tank fees for underground storage tanks and tank compartments in the following West Tennessee counties shall be due January 31 of each year:

Lake, Obion, Weakley, Henry, Dyer, Crockett, Gibson, Carroll, Benton, Lauderdale, Tipton, Shelby, Haywood, Fayette, Madison, Hardeman, Henderson, Chester, McNairy, Decatur, and Hardin.

(b) The annual fee shall be paid on or before the due date.

(c) For any underground storage tank system brought into use after the effective date of this rule, the current year’s annual fee shall be submitted with the notice of existence of such tank system required in part (1)(a)2. of Rule 0400-18-01-.02.

(d) For any underground storage tank system not previously reported to the Division as required by T.C.A. § 68-215-106, the current and outstanding annual fees, late penalties, and statutory interest shall be submitted with the required notice of existence of such tank system in accordance with a schedule established by the Division.

(6) Unlawful Action.

(a) It shall be unlawful to put petroleum into underground storage tanks or tank compartments at a facility if the Division has taken one or more of the following actions:

A tag or notice has been affixed to the dispensers;
A tag has been affixed to the fill ports; or 3. Notice has been given on the department’s web site.

(b) Placing petroleum into a tank or tank compartment at a facility when the Division has taken one or more of the actions listed in parts (a)1. through 3. of this paragraph is a violation for the person putting petroleum into the underground storage tank or tank compartment as well as for the person having product put into the underground storage tank or tank compartment.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendment filed October 23, 2012; effective January 21, 2013. Amendments filed July 3, 2018; effective October 13, 2018. Amendments filed March 17, 2021; effective June 15, 2021. Amendments filed October 27, 2025; effective January 25, 2026. Amendments filed January 9, 2026; effective April 9, 2026.

Tenn. Comp. R. & Regs. 0400-18-01-.11 APPEALS

(1) Any responsible party, tank owner, tank operator, CAC or person who has a right to appeal a determination of the Commissioner by these rules shall comply with the procedure set forth in this paragraph to perfect an appeal. Such responsible party, tank owner, tank operator, CAC, or person may petition the Board for a hearing provided a written petition is submitted to and received by the Commissioner within 30 days of receipt of the Division’s determination. The Division’s determination and action shall be final and not subject to review unless the written petition for hearing is submitted and received by the Commissioner within this time frame.

The written petition shall set forth the basis for the appeal as required by the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq. and the rules promulgated thereunder, in particular, Rule 1360-04-01-.05.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective October 13, 2018.

Tenn. Comp. R. & Regs. 0400-18-01-.12 INDICIA OF OWNERSHIP

(1) Applicability.

(a) This rule applies to holders of security interests in petroleum underground storage tanks, UST systems, petroleum sites or property on which a petroleum site or UST system is located.

(b) Holders are subject to these requirements if they became holders on or after April 12, 1996.

(2) Notification by the Holder.

(a) Within 30 days after foreclosure or its equivalent is completed, the holder shall notify the Department of the foreclosure. The holder shall use a notification form prescribed by the Division. Holders shall complete the notification form accurately and in its entirety.

(b) If at any time after foreclosure, the holder causes a change in the status of the tanks at a petroleum UST facility, the holder shall report the change within 30 days. This includes but is not limited to change of ownership, upgrading, or replacement of tanks, changes in mailing address and changes in service. Such reports shall be made using an amended notification form prescribed by the Division.

(c) In the case of a sale of petroleum underground storage tanks, UST systems, petroleum sites or property on which a petroleum site or UST system is located or the sale of the security interest in such petroleum underground storage tanks, UST systems, petroleum sites or property on which a petroleum site or UST system is located, which occurs at any time after foreclosure, the holder must submit the notification form prescribed by the Division and must also inform the buyer of the notification requirements.

(3) Fund Eligibility Requirements.

(a) If a release from a petroleum underground storage tank system would have been eligible for reimbursement from the UST fund under the provisions of Rule 0400-18-01- .09 had there been no foreclosure, then the holder shall be able to take full advantage of the Petroleum Underground Storage Tank Fund. Reimbursement from the fund shall be in accordance with the provisions of Rule 0400-18-01-.09.

(b) A holder who is eligible for reimbursement from the state fund must satisfy the deductible requirements as required by subparagraph (6)(b) of Rule 0400-18-01-.09.

(c) If a fund eligible release occurred prior to the time of foreclosure and assessment and remediation activities have been initiated in accordance with the requirements of Rule

Tenn. Comp. R. & Regs. 0400-18-01-.13 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective October 13, 2018.

Tenn. Comp. R. & Regs. 0400-18-01-.14 RECORD RETENTION BY THE DIVISION

(1) Notification and tank ownership records.

The Division shall maintain both tank registration/notification information and responsible party information that has been provided to the Division or otherwise obtained by the Division. Documents containing notification, tank registration and/or responsible party information shall be maintained as permanent records by the Division due to the following factors:

(a) Tank ownership records must be available should petroleum contamination be discovered sometime in the future, requiring the Division to make determinations concerning fund eligibility and/or responsible parties, because:

Timely registration or notification, in accordance with Rule 0400-18-01-.03, is required for establishment of fund eligibility in accordance with subparagraphs (3)(a) and (b) of Rule 0400-18-01-.09;
The tank owner at the time of a release is a responsible party in accordance with T.C.A. § 68-215-103(17)(A);
There may be some residual petroleum contamination that is not discovered during the site assessment at closure required by subparagraph (5)(a) of Rule

Tenn. Comp. R. & Regs. 0400-18-01-.15 PETROLEUM PRODUCT DELIVERY

(1) Delivery prohibition.

(a) It shall be unlawful for any person to place or cause to be placed, petroleum substances in a petroleum underground storage tank or to dispense petroleum from a tank, if the Division has taken one or more of the following actions:

A tag or notice has been affixed to the dispensers;
A tag has been affixed to the fill ports; or 3. Notice has been given on the Department’s web site.

(b) It is unlawful for any person to place, or cause to be placed, petroleum substances in a petroleum underground storage tank or to dispense petroleum from a petroleum underground storage tank when the owner of the tank is required to notify the Commissioner under T.C.A. § 68-215-106(a) or (b) and the owner has not notified the Commissioner of the existence or ownership of the tank. This subparagraph applies even if no physical notice or tag is placed on the dispenser or fill port or no notice is placed on the department web site pursuant to T.C.A. § 68-215-106(c).

(2) Dispensing prohibition.

It shall be unlawful for any person to dispense petroleum from a petroleum underground storage tank if the Division has taken one or more of the actions in subparagraphs (1)(a) or (b) of this rule.

(3) If the Division has prohibited delivery and dispensing of petroleum products in accordance with paragraphs (1) and (2) of this rule, resumption of deliveries of petroleum and dispensing of petroleum shall not occur until:

(a) The Division has notified the tank owner and/or operator that the tag may be removed; and (b) The Division has removed the facility from the delivery prohibition list on the Division’s

section of the Department’s website.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-215-101, et seq.
Administrative History: Original rule filed December 8, 2011; effective March 7, 2012. Rule was renumbered from 1200-01-15. Amendments filed July 3, 2018; effective October 13, 2018.

Tenn. Comp. R. & Regs. 0400-18-01-.16 CERTIFIED OPERATOR PROGRAM

(1) Operator Designation Requirements.

(a) Effective August 8, 2012, every facility having one or more petroleum UST systems subject to the requirements of Chapter 0400-18-01 must have one or more persons who have been designated by the tank owner as Class A, Class B, and Class C Operator(s).

(b) A Class A, Class B, or Class C Operator is not necessarily considered the same as “operator” defined in paragraph (4) of Rule 0400-18-01-.01, although the same individual may hold both positions.

(c) A Class A, Class B, or Class C Operator is not necessarily the same as “owner” as defined in paragraph (4) of Rule 0400-18-01-.01, unless such a person also owns these petroleum underground storage tanks.

(2) Operator Training Requirements (a) Persons to be classified as Class A, Class B, or Class C Operators must log on to the Division’s web-based training database and indicate how operator training requirements are met for each applicable classification by indicating successful completion of at least one of the following:

Applicable portions of the Division’s web-based operator training program designed to meet Class A, Class B, and/or Class C Operator training requirements, or 2. Obtaining a passing score on the applicable UST System Operator Examination administered by the International Code Council and submitting the records to the Division every two years, or 3. Obtaining a passing score on a UST operator training program examination administered by the Division.

(b) Class C Operator training may be provided by the tank owner, a trained Class A or Class B Operator in accordance with guidance published by the Division, or by successful completion of Class C Operator training using the Division’s web-based operator training program.

(3) Tank Owner Responsibilities.

(a) Tank owners must register a Class A, and Class B Operator(s) for each facility where petroleum UST systems are located using the Division’s web-based operator training database within 30 days of tank installation or a change in Class A or Class B operator.

(b) Tank owners must verify in the Division’s web-based operator training database that a trained individual meeting the requirements for a Class C Operator will be onsite whenever the facility is operating.

(c) If a UST facility has a person(s) on site, at least one person on site must be a Class C Operator whenever the facility is operating. A sign or instruction manual must be placed where the Class C operator would be expected to see it during the normal course of their work. At a minimum, it must include the following:

Employee’s role in responding to spills and overfills;
Procedures for handling warnings, alarms, and response from leak detection console (if applicable);
Name and number of contact person for emergencies and monitoring equipment alarms;
Local emergency numbers; and 5. An instruction to maintain a safe distance from any potential hazards.

(d) Unattended facilities, as defined in paragraph (4) of Rule 0400-18-01-.01, must have a designated Class A and Class B Operator, but are not required to have designated operators on site. Class C Operator requirements for unattended facilities may be met by the designated Class B Operator who is also trained as the designated Class C Operator. The designated Class B/C Operator must respond to all emergencies and alarms caused by spills or releases from the underground storage tank facility.

(e) A facility that is unattended part of the time will be required to follow subparagraph (c) of this paragraph during the times the facility is attended and subparagraph (d) of this paragraph during the time the facility is unattended.

(f) Tank owners may elect to replace Class A or Class B Operators at any time by providing proper notice to the Division in accordance with subparagraph (1)(h) of Rule

Tenn. Comp. R. & Regs. 0400-18-01-.17 UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT

SYSTEMS.

(1) General requirements.

(a) Except as provided in paragraph (2) of this rule, owners and/or operators of UST systems with field-constructed tanks and airport hydrant systems installed on or before the effective date of this rule must comply with the requirements of:

Rules 0400-18-01-.02 through 0400-18-01-.04 and 0400-18-01-.06 and 0400-18- 01-.08 and 0400-18-01-.16 and 0400-18-01-.17 no later than three years after the effective date of this rule except owners and/or operators may comply prior to such date; and 2. Rules 0400-18-01-.05 and 0400-18-01-.07 no later than the effective date of this

rule.

(b) For owners and/or operators of UST systems with field-constructed tanks and airport hydrant systems installed after the effective date of this rule, the requirements of the rules listed in subparagraph (a) of this rule apply at installation.

(c) No later than three years after the effective date of this rule, all owners of UST systems with field-constructed tanks and airport hydrant systems in use as of the effective date of this rule must submit a one-time notice of tank system existence to the Division in accordance with subparagraphs (1)(b) and (c) of Rule 0400-18-01-.03 in a format established by the Division and in accordance with instructions provided by the Division. Owners and/or operators of UST systems in use as of the effective date of this rule must demonstrate financial responsibility at the time of submission of the notification form.

(d) Owners and/or operators of UST systems with field-constructed tanks and airport hydrant systems may use military construction criteria, such as Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities, when designing, constructing, and installing airport hydrant systems and UST systems with field-constructed tanks.

(2) Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems.

(a) Exception to piping secondary containment requirements. Owners and/or operators may use single walled piping when installing or replacing piping associated with UST systems with field-constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems. Piping associated with UST systems with fieldconstructed tanks less than or equal to 50,000 gallons not part of an airport hydrant system must meet the secondary containment requirement when installed or replaced.

(b) Upgrade requirements. No later than three years after the effective date of this rule, airport hydrant systems and UST systems with field-constructed tanks where installation commenced on or before the effective date of this rule must be in compliance with the following requirements or be permanently closed in accordance with the closure procedures in Rule 0400-18-01-.07:

Corrosion protection. UST system components in contact with the ground that routinely contain petroleum substances must meet one of the following:

(i) Except as provided in subparagraph (a) of this paragraph, the new UST system performance standards for tanks in subparagraph (4)(a) of Rule

0400-20 Division of Radiological Health

Chapter 0400-20-04 General Provisions (Transferred from 1200-02-04 which was repealed)

Tenn. Comp. R. & Regs. 0400-20-04-.01 PURPOSE

These regulations are intended to establish standards of radiation protection and are promulgated pursuant to provisions of Tennessee Code Annotated, Title 68, Chapter 202 and do not in any way exempt any person from the provisions of the Code. These regulations are intended to be consistent with the safe use of radiation machines and radioactive materials.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-04-.02 SCOPE

Except as otherwise specifically provided, these regulations apply to all persons who receive, possess, use, transfer, own or acquire any source of radiation, provided, however, that nothing in these regulations shall apply to any person to the extent such person is subject to regulations by the U.S. Nuclear Regulatory Commission.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-04-.03 EFFECTIVE DATE

The provisions of these regulations shall be effective on the date of issue.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-04-.04 DEFINITIONS

As used in Rule Division 0400-20, these terms have the definitions set forth below. (For additional definitions used only in Chapters 0400-20-05, 0400-20-06, 0400-20-07, 0400-20-08, 0400-20-09, 0400- 20-11, 0400-20-12, 0400-20-13, and 0400-20-14, see Rules 0400-02-05-.32, 0400-20-06-.03, 0400-20- 07-.05, 0400-20-08-.03, 0400-20-09-.03, 0400-20-11-.03, 0400-20-12-.03, 0400-20-13-.01, and 0400-20- 14-.03.)

(1) (a) “A ” means the maximum activity of special form radioactive material permitted in a Type A package. This value is either listed in Table A-1 of Schedule 10-6 in Rule 0400- 20-10-.38, or may be derived in accordance with the procedures prescribed in Schedule 10-6 in Rule 0400-20-10-.38.

(b) “A ” means the maximum activity of radioactive material, other than special form material, LSA, and SCO material, permitted in a Type A package. This value is either listed in Table A-1 of Schedule 10-6 in Rule 0400-20-10-.38, or may be derived in accordance with the procedure prescribed in Schedule 10-6 in Rule 0400-20-10-.38.

(2) “Accelerator-produced radioactive material” means any material made radioactive by a particle accelerator.

(3) “Agreement State” means any state with which the U.S. Nuclear Regulatory Commission has entered into an effective agreement under Section 274 b. of the Atomic Energy Act of 1954, as amended.

(4) “Alert” means a classification for events that are in progress, may occur, or have occurred that could lead to a release of radioactive material(s) but that the release is not expected to require a response by an offsite response organization to protect persons offsite.

(5) “Authorized nuclear pharmacist” is defined in Rule 0400-20-07-.05.

(6) “Authorized user” is defined in Rule 0400-20-07-.05.

(7) “Barrier” means attenuating materials used to reduce radiation exposure.

(a) “Primary” means a barrier sufficient to attenuate the useful beam to the required degree at a distance no greater than 8 centimeters beyond the barrier.

(b) “Secondary” means a barrier sufficient to attenuate scattered and leakage radiation to the required degree at a distance no greater than 8 centimeters beyond the barrier.

(8) “Calibration” means the determination of:

(a) The response or reading of an instrument relative to a series of known radiation values over the range of the instrument; or (b) The strength of a source of radiation relative to a standard.

(9) “Carrier” means a person engaged in the transportation of passengers or property by land or water as a common, contract, or private carrier, or by civil aircraft.

(10) “Certificate holder” means a person who has been issued a certificate of compliance or other package approval by the U.S. Nuclear Regulatory Commission (U.S. NRC or NRC).

(11) “Certificate of Compliance” (CoC) means the certificate issued by the U.S. NRC under 10 C.F.R. part 71, subpart D, which approves the design of a package for the transportation of radioactive material.

(12) “Certified Registration” means an issued registration for a device that meets the general and specific requirements of a Certified Registration, the other applicable rules in this chapter, and Rules 0400-20-09-.04, 0400-20-09-.05, 0400-20-09-.06, 0400-20-09-.07, and 0400-20- 09-.08.

It is reasonable to assume that individuals will not occupy the area within 8 centimeters of the barrier continuously.

(13) “Close reflection by water” means immediate contact by water of sufficient thickness for maximum reflection of neutrons.

(14) “Commencement of construction” means taking any action defined as “construction” or any other activity at the site of a facility subject to the rules in this Division 0400-20 that has a reasonable nexus to radiological health and safety.

(15) “Consignment” means each shipment of a package or groups of packages or load of radioactive material offered by a shipper for transport.

(16) “Consortium” means an association of medical use licensees and a PET radionuclide production facility in the same geographical area that jointly own or share in the operation and maintenance cost of the PET radionuclide production facility that produces PET radionuclides for use in producing radioactive drugs within the consortium for noncommercial distributions among its associated members for medical use. The PET radionuclide production facility within the consortium must be located at an educational institution or a Federal facility or a medical facility.

(17) “Construction” means the installation of foundations, or in-place assembly, erection, fabrication, or testing for any structure, system, or component of a facility or activity subject to the rules in this Division 0400-20 that are related to radiological safety or security. The term “construction” does not include:

(a) Changes for temporary use of the land for public recreational purposes;

(b) Site exploration, including necessary borings to determine foundation conditions or other preconstruction monitoring to establish background information related to the suitability of the site, the environmental impacts of construction or operation, or the protection of environmental values;

(c) Preparation of the site for construction of the facility, including clearing of the site, grading, installation of drainage, erosion and other environmental mitigation measures, and construction of temporary roads and borrow areas;

(d) Erection of fences and other access control measures that are not related to the safe use of, or security of, radiological materials;

(e) Excavation;

(f) Erection of support buildings (e.g., construction equipment storage sheds, warehouse and shop facilities, utilities, concrete mixing plants, docking and unloading facilities, and office buildings) for use in connection with the construction of the facility;

(g) Building of service facilities (e.g., paved roads, parking lots, railroad spurs, exterior utility and lighting systems, potable water systems, sanitary sewerage treatment facilities, and transmission lines);

(h) Procurement or fabrication of components or portions of the proposed facility occurring at other than the final, in-place location at the facility; or (i) Taking any other action that has no reasonable nexus to radiological health and safety.

(18) “Containment system” means the assembly of components of the packaging intended to retain the radioactive material during transport.

(19) “Contamination,” for purposes of packaging and transportation of radioactive material, means the presence of a radioactive substance on a surface in quantities in excess of 0.4 Bq/cm (1x10 -5 μCi/cm ) for beta and gamma emitters and low toxicity alpha emitters, or 0.04 Bq/cm (1x10 -6 μCi/cm ) for all other alpha emitters.

(a) “Fixed contamination” means contamination that cannot be removed from a surface during normal conditions of transport.

(b) “Non-fixed contamination” means contamination that can be removed from a surface during normal conditions of transport.

(20) “Conveyance” means:

(a) For transport by public highway or rail: any transport vehicle or large freight container;

(b) For transport by water: any vessel, or any hold, compartment, or defined deck area of a vessel including any transport vehicle on board the vessel; and (c) For transport by aircraft: any aircraft.

(21) “Critical group” means the group of individuals reasonably expected to receive the greatest exposure to residual radioactivity for any applicable set of circumstances.

(22) “Criticality safety index” (CSI) means the dimensionless number (rounded up to the next tenth) assigned to and placed on the label of a fissile material package, to designate the degree of control of accumulation of packages, overpacks, or freight containers containing fissile material during transportation. Determination of the criticality safety index is described in paragraphs (10) and (11) of Rule 0400-20-10-.30 and 10 C.F.R. § 71.59 (2024). The criticality safety index for an overpack, freight container, consignment, or conveyance containing fissile material packages is the arithmetic sum of the criticality safety indices of all the fissile material packages contained within the overpack, freight container, consignment, or conveyance.

(23) “Curie” is defined in Rule 0400-20-05-.34.

(24) “Cyclotron” means a particle accelerator in which the charged particles travel in an outward spiral or circular path. A cyclotron accelerates charged particles at energies usually in excess of 10 MeV and is commonly used for production of short half-life radionuclides for medical or veterinary use.

(25) “Decommission” means:

(a) To remove a facility or site safely from service and reduce residual radioactivity to a level that permits:

Release of the property for unrestricted use and termination of the license; or 2. Release of the property under restricted conditions and the termination of the license.

(b) For purposes of Rule 0400-20-10-.12, decommission also means reclaiming the property on which the facility or site is located to a condition or state such that the property no longer presents a public health or safety hazard or threat to the environment.

(26) “Deuterium” means, for the purposes of subparagraph (6)(c) and paragraph (10) of Rule

Tenn. Comp. R. & Regs. 0400-20-04-.05 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-04-.06 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-04-.07 NOTIFICATIONS, REPORTS, AND OTHER COMMUNICATIONS

(1) Address notifications and reports required by these regulations, communications concerning these regulations and applications filed thereunder as follows:

(a) Telephone notifications and communications, 7:00 a.m. Central Time to 4:30 p.m.

Central Time, except weekends and holidays:

Division of Radiological Health: 615-532-0364 (b) Telephone notifications, all other times:

Tennessee Emergency Management Agency (TEMA): 1-800-262-3300 (c) Applications, written notifications, reports and communications:

Division of Radiological Health Tennessee Department of Environment and Conservation Davy Crockett Tower, 9th Floor 500 James Robertson Parkway Nashville, Tennessee 37243 (d) Electronic Mail: division.radiological.health@tn.gov.

(2) Reserved.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed March 17, 2014; effective June 15, 2014. Amendments filed December 4, 2023; effective March 3, 2024. Amendments filed June 5, 2025; effective September 3, 2025.

Tenn. Comp. R. & Regs. 0400-20-04-.08 APPLICATIONS FOR EXEMPTIONS

The Department may, upon application by any person or upon its own initiative, grant exemptions, variances, or exceptions from the requirements of these regulations which are not prohibited by statute and which will not result in undue hazard to public health and safety or property.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-04-.09 PROHIBITED USES OF SOURCES OF RADIATION

(1) The use of sources of radiation may be prohibited when it is determined by the Department to be detrimental to public health and safety or property. This action to prohibit will be by issuance of a Commissioner Order or Emergency Order.

(2) No person shall use sources of radiation in a manner to intentionally expose any individual except as specifically allowed by these regulations or by license, registration, or Certified Registration authorization. Use of sources of radiation on humans for research purposes must be specifically approved as provided for by the Department’s policy on Experimental Exposure of Humans to Ionizing Radiation or in the case of radiopharmaceuticals by the U.S.

Food and Drug Administration.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-04-.10 PROPRIETARY INFORMATION

Proprietary information is defined as the below listed information supplied to the Division pursuant to the Radiological Health Service Act and is claimed in writing by the person required to supply the information as proprietary as follows:

(1) Blueprints and flow diagrams of the individual’s manufacturing processes covered by the registration, license and and/or application;

(2) Detailed narrative of processes including listings of raw materials, composition and manufacturing protocol;

(3) Customer lists; and (4) Individual medical records and/or radiation exposure records including bioassay results.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-04-.11 POSTING OF NOTICES TO WORKERS

(1) Each licensee or registrant shall post current copies of the following documents, as applicable, in a sufficient number of places to permit workers to observe them on the way to or from any particular licensed or registered activity location to which the document applies.

Documents shall be placed in a conspicuous position and replaced if removed or altered:

(a) “State Regulations for Protection Against Radiation”;

(b) Radioactive material license, license conditions, and documents incorporated into a license by reference and amendments thereto;

(d) Registration of x-ray producing equipment;

(e) Operating and emergency procedures applicable to licensed or registered activities;

(f) Any written notice that these regulations have been violated shall be posted within two working days after receipt of the documents from the Division and the licensee’s or registrant’s response. These documents shall remain posted for a minimum of five working days or until action correcting the violation has been completed, whichever is later; and (g) Form RHS 8-3 (Notice to Employees). Copies of this form may be obtained by visiting the Division website under Helpful Documents and Links at https://www.tn.gov/environment/program-areas/rh-radiological-health1/rh-helpfullinks.html.

(2) Instead of posting a document specified in subparagraphs (1)(a) through (e) of this rule, the licensee or registrant may post a notice that describes the document and states where it may be examined.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed March 3, 2015; effective June 1, 2015. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-04-.12 INSTRUCTIONS TO WORKERS

(1) Each licensee or registrant is responsible that all individuals who in the course of employment are likely to receive in a year an occupational dose in excess of 100 mrem (1mSv):

(a) 1. Shall be kept informed of the storage, transfer or use of sources of radiation;

Shall be instructed:

(i) In the health protection problems associated with exposure to sources of radiation, (ii) In precautions or procedures to minimize radiation exposure, and (iii) In the purposes and functions of protective devices employed;

Shall be instructed in, and required to observe, to the extent within the worker’s control, the applicable Division regulations, registrations and licenses for the protection of individuals from sources of radiation;
Shall be instructed in any operating and emergency procedures applicable to the licensed or registered activities in which the individual is involved;
Shall be instructed of their responsibility to report promptly to the licensee or registrant any condition that may lead to or cause a violation of Division regulations, registration and licenses or unnecessary exposure to sources of radiation;
Instructed in the appropriate response to warnings made in case of any unusual occurrence or malfunction that may involve exposure to sources of radiation;
Shall be advised that workers may request radiation exposure reports under Rule

Tenn. Comp. R. & Regs. 0400-20-04-.13 DELIBERATE MISCONDUCT

(1) This rule applies to any— (a) Licensee or registrant;

(b) Certificate holder;

(d) Applicant for a license, certificate, or quality assurance program approval;

(e) Contractor (including a supplier or consultant) or subcontractor, to any person identified in subparagraph (1)(d) of this rule; or (f) Employees of any person identified in subparagraphs (a) through (e) of this paragraph.

(2) A person identified in paragraph (1) of this rule who knowingly provides to any entity, listed in subparagraphs (1)(a) through (e) of this rule, any components, equipment, materials, or other goods or services that relate to a licensee’s, registrant’s certificate holder’s, quality assurance program approval holder’s, or applicant’s activities under these regulations, shall not:

(a) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, registrant, certificate holder, quality assurance program approval holder, or any applicant to be in violation of any rule, regulation or order; or any term, condition, or limitation of any license or registration, or certificate issued by the Division; or (b) Deliberately submit to the Division, a licensee, a registrant, a certificate holder, a quality assurance program approval holder, an applicant for a license or registration, certificate, or quality assurance program approval, or a licensee’s or registrant’s, applicant’s, certificate holder’s or quality assurance program approval holder’s contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Division.

(3) A person who violates subparagraph (2)(a) or (b) of this rule may be subject to possible civil and criminal penalties.

(4) For the purposes of subparagraph (2)(a) of this rule, deliberate misconduct by a person means an intentional act or omission that the person knows:

(a) Would cause a licensee, registrant, certificate holder, quality assurance program approval holder, or applicant for a license, registration, certificate, or quality assurance program approval to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license, or registration, or certificate issued by the Division; or (b) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, registrant, certificate holder, quality assurance program approval holder, applicant, contractor or subcontractor of any of them.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.30 , deuterium and any deuterium compounds, including heavy water, in which the ratio of deuterium atoms to hydrogen atoms exceeds 1:5000.

(27) “Discrete source” means a radionuclide that has been processed so that its concentration within a material has been purposely increased for use for commercial, medical, or research activities.

(28) “Disposal facility” means a land disposal site that is used for the isolation of radioactive waste from the biosphere.

(29) “Distinguishable from background” means that the detectable concentration of a radionuclide is statistically different from the background concentration of that radionuclide in the vicinity of the site or, in the case of structures, in similar materials using adequate measurement technology, survey and statistical techniques.

(30) “Dose” (or “radiation dose”) is defined in paragraph (28) of Rule 0400-20-05-.32.

(31) “DOT” (or “U.S. DOT”) means the United States Department of Transportation. U.S. DOT regulations are found in Code of Federal Regulations Title 49 Transportation.

(32) “Emergency procedures” means the written pre-planned steps to be taken in the event of actual or suspected exposure of individuals to excessive radiation. This procedure should include the names and telephone numbers of individuals to be contacted as well as directives for processing the film badge or other personnel-monitoring device.

(33) “Exclusive use” (or “sole use” or “full load”) means the sole use by a single consignor of a conveyance for which all initial, intermediate, and final loading and unloading are carried out in accordance with the direction of the consignor or consignee. The consignor and the carrier shall ensure that personnel having radiological training and resources appropriate for safe handling of the consignment perform any loading or unloading. The consignor shall issue specific written instructions for maintenance of exclusive use shipment controls and include them with the shipping paper information provided to the carrier by the consignor.

(34) “Exposure” means a measure of the ionization produced in air by X or gamma radiation. It is the sum of the electrical charges on all of the ions of one sign produced in air, when all electrons liberated by photons in a volume element of air are completely stopped in air, divided by the mass of the air in the volume element. The special unit of exposure is the roentgen.

(35) “Fissile material” means the radionuclides plutonium-239, plutonium-241, uranium-233, uranium-235 or any combination of these radionuclides. Fissile material means the fissile nuclides themselves, not material containing fissile nuclides. Unirradiated natural uranium and depleted uranium, and natural uranium or depleted uranium, that has been irradiated in thermal reactors only, are not included in this definition. Certain exclusions from fissile material controls are provided in subparagraph (6)(c) of Rule 0400-20-10-.30.

(36) “Fissile material package” is defined in paragraph (59) of this rule, which provides the definition of “Package.”

(37) “Former AEC or NRC licensed facilities” means nuclear reactors, nuclear fuel processing plants, uranium enrichment plants, or critical mass experimental facilities where U.S. Atomic Energy Commission (AEC) or NRC licenses have been terminated.

When not underlined the term “exposure” has a more general meaning in these rules.

(38) “Fusion machine” means any machine that is capable of:

(a) Transforming atomic nuclei into different elements, isotopes, or other particles through processes of fusion; and (b) Directly capturing and using the resultant elements, isotopes, particles, heat, or other electromagnetic radiation.

(39) “Generator” means a person whose activities with radioactive material are such that waste is generated that is distinctly separate and/or distinct from materials received.

(40) “Graphite” means, for the purposes of subparagraph (6)(c) and paragraph (10) of Rule 0400- 20-10-.30, graphite with a boron equivalent content less than 5 parts per million and density greater than 1.5 grams per cubic centimeter.

(41) “Human use” (or “medical use”) means the intentional internal or external administration of radiation or radioactive materials to individuals under the supervision of an authorized user.

(42) “Indian Tribe” means an Indian or Alaska native Tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian Tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. § 5131.

(43) “Initial inspection” means the first inspection after a license or registration has been issued to a licensee or registrant.

(44) “Interlock” means a device for precluding access to any area of radiation hazard by automatically eliminating the hazard upon entry by personnel or parts of their body.

(45) “Licensed material” means radioactive, by-product, source, or special nuclear material received, possessed, used, or transferred under a general or specific license issued by the Division pursuant to the rules in this chapter, or issued by the U.S. NRC or an Agreement State pursuant to equivalent regulations.

(46) “Licensing State” means any state with regulations equivalent to the Suggested State Regulations for Control of Radiation relating to, and an effective program for, the regulatory control of NARM.

(47) “Low specific activity (LSA) material” means radioactive material with limited specific activity that is nonfissile or is excepted under subparagraph (6)(c) of Rule 0400-20-10-.30, and that satisfies the descriptions and limits set forth in parts 1, 2, and 3 of this subparagraph.

Shielding materials surrounding the LSA material may not be considered in determining the estimated average specific activity of the package contents. The LSA material must be in one of three groups:

(a) LSA-I 1. Uranium and thorium ores, concentrates of uranium and thorium ores, and other ores containing only naturally occurring radionuclides that are intended to be processed for the use of these radionuclides;

Natural uranium, depleted uranium, natural thorium, or their compounds or mixtures, provided they are unirradiated and in solid or liquid form;
Radioactive material other than fissile material for which the A value is unlimited; or 4. Other radioactive material in which the activity is distributed throughout and the estimated average specific activity does not exceed 30 times the value for exempt material activity concentration determined in accordance with Schedule 10-6 in Rule 0400-20-10-.38.

(b) LSA-II 1. Water with tritium concentration up to 20 Ci/liter (0.8 terabecquerel/liter); or 2. Other radioactive material in which the activity is distributed throughout and the estimated average specific activity does not exceed 1 E-4 A /gram for solids and gases or 1 E-5 A /gram for liquids.

(c) LSA-III. Solids (e.g., consolidated wastes, activated materials), excluding powders, that satisfy the requirements of the U.S. NRC regulations 10 C.F.R. § 71.77 (2024), in which:

The radioactive material is distributed throughout a solid or a collection of solid objects or is essentially uniformly distributed in a solid compact binding agent (such as concrete, bitumen, ceramic, etc.);
The radioactive material is relatively insoluble, or it is intrinsically contained in a relatively insoluble material, so that even under loss of packaging, the loss of radioactive material per package by leaching, when placed in water for seven days, would not exceed 0.1 A ; and 3. The estimated average specific activity of the solid, excluding any shielding material, does not exceed 2 E-3 A /gram.

(48) “Low toxicity alpha emitters” means natural uranium, depleted uranium, natural thorium; uranium-235, uranium-238, thorium-232, thorium-228, or thorium-230 when contained in ores or physical or chemical concentrates or tailings; or alpha emitters with a half-life of less than 10 days.

(49) “Major processors” means persons processing or handling radioactive materials exceeding Type X quantities as unsealed sources or material.

(50) “Maximum normal operating pressure” means the maximum gauge pressure that would develop in the containment system in a period of one year under the heat condition specified in 10 C.F.R. § 71.71 (2024), in the absence of venting, external cooling by an ancillary system, or operational controls during transport.

(51) “NARM” means any naturally occurring or accelerator-produced radioactive material. It does not include byproduct, source, or special nuclear material.

(52) “Natural radioactivity” means radioactivity of naturally occurring nuclides.

(53) “Natural thorium” means thorium with the naturally occurring distribution of thorium isotopes (essentially 100 weight percent thorium-232).

Type X quantities are defined in Tables RHS 2–1, RHS 2–2 and RHS 2–3 as contained in Chapter 0400-20-05. For purposes of

Rule 0400-20-04-.04, where there is involved a combination of radioactive materials licensed, the method of deriving a Type X quantity is as specified in Rule 0400-20-05-.162(1)(b).

(54) “Neutron generator” means any device capable of the release, thermalization, and absorption of fission neutrons by a fissile material and the fusion of that material producing a second generation of neutrons, or any device capable of producing neutrons.

(55) “Normal form radioactive material” means radioactive material that has not been demonstrated to qualify as special form radioactive material.

(56) “Operating procedures” means detailed written instructions including, but not limited to, the normal operation of equipment and movable shielding, closing of interlock circuits, manipulation of controls, radiation monitoring procedures for personnel and areas, testing of interlocks, and record keeping requirements.

(57) “Optimum interspersed hydrogenous moderation” means the presence of hydrogenous material between packages to such an extent that the maximum nuclear reactivity results.

(58) “Ore refineries” means all non-exempt processors of a radioactive material ore.

(59) “Package” means the packaging together with its radioactive contents as presented for transport.

(a) “Fissile material package” or “Type AF package,” “Type BF package,” “Type B(U)F package” or “Type B(M)F package” means a fissile material packaging together with its fissile material contents.

(b) “Type A package” means a Type A packaging together with its radioactive contents. A Type A package is defined and must comply with the U.S. DOT regulations in 49 C.F.R. § 173.403 (2024).

On approval, a Type B package design is designated by NRC as B(U) unless the package has a maximum normal operating pressure of more than 700 kPa (100 lbs/in ) gauge or a pressure relief device that would allow the release of radioactive material to the environment under the tests specified in 10 C.F.R. § 71.73 (2024) (hypothetical accident conditions), in which case it will receive a designation B(M). B(U) refers to the need for unilateral approval of international shipments; B(M) refers to the need for multilateral approval of international shipments. There is no distinction made in how packages with these designations may be used in domestic transportation. To determine their distinction for international transportation, see U.S. DOT regulati ons in 49 C.F.R. § 173.403 (2024). A Type B package approved before September 6, 1983, was designated only as Type B. Limitations on its use are specified in 10 C.F.R. § 71.19 (2024).

(60) “Packaging” means the assembly of components necessary to ensure compliance with the packaging requirements of this chapter. It may consist of one or more receptacles absorbent materials, spacing structures, thermal insulation, radiation shielding, and devices for cooling or absorbing mechanical shocks. The vehicle, tie-down system, and auxiliary equipment may be designated as part of the packaging.

(61) “Particle accelerator” means any device used to impact kinetic energy to electrically charged particles including but not limited to electrons, protons, deuterons, and helium ions. For the

purpose of these rules, “accelerator” includes equipment designed for and used only for the production of x-rays of 0.9 MeV or greater and equipment capable of discharging nuclear particles into a medium external to the accelerating device. For purposes of this definition, “accelerator” is an equivalent term.

(62) “Physician” means an individual licensed by the State to dispense drugs in the practice of medicine.

(63) “Qualified individual” is defined in paragraph (48) of Rule 0400-20-06-.03.

(64) “Qualified expert” means, for purposes of subparagraphs (2)(g), (i), and (m) of Rule 0400-20- 09-.21, a person:

(a) Who is certified by the American Board of Radiology in Therapeutic Radiological Physics, Radiological Physics, Roentgen-Ray and Gamma-Ray Physics or X-Ray and Radium Physics; or (b) Who has the following minimum training and experience:

A Master’s or Doctor’s degree in physics biophysics radiological physics, or health physics;
One year of full-time training in therapeutic radiological physics; and 3. One year of full-time experience in a therapy facility including personal calibration and spot check of at least one teletherapy unit.

(65) “Rad” is defined in subparagraph (1)(b) of Rule 0400-20-05-.33.

(66) “Radiation machine” means any device capable of producing radiation except devices that produce radiation through utilization of a radioactive material.

(67) “Radioactive material” means any material, solid, liquid or gas that emits radiation spontaneously.

(68) “Radiological Safety Officer” means an individual who has the knowledge and responsibility to apply appropriate radiation protection rules and has been assigned such responsibility by the licensee or registrant.

(69) “Registered machine” means any radiation producing machine or any device that is subject to the requirements of Rule 0400-20-10-.24 Registration.

(70) “Rem” is defined in subparagraph (1)(c) of Rule 0400-20-05-.33.

(71) “Research and development” means theoretical analysis, exploration or experimentation; or extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes. Research and development includes the experimental production and testing of models, devices, equipment, materials and processes. Research and development does not include the internal or external administration of radiation or radioactive material to individuals.

Licensees or certified registrants that utilize persons who do not meet these criteria for minimum training and experience may request a variance excepting them from the requirements of using qualified experts. The request should include:

The name of the proposed individual;
A description of his or her training and experience including information similar to that specified in Rule 0400-20-04-.04;
Reports of at least one calibration and spot-check program based on measurements personally made by the proposed individual within the last 10 years; and 4. Written endorsement of the technical qualifications of the proposed individual from personal knowledge by a physicist certified by the American Board of Radiology in one of the specialties listed in Rule 0400-20-04-.04. The variance request should be addressed to the Division of Radiological Health at the address given in Rule 0400-20-04-.07.

(72) “Residual radioactivity” means radioactivity in structures, materials, soils, groundwater, subsurface materials and other media at a site resulting from activities under the licensee’s control. This includes radioactivity from all licensed and unlicensed sources used by the licensee, but excludes background radiation. It also includes radioactive materials remaining at the site as a result of routine or accidental releases of radioactive material at the site and previous burials at the site, even if those burials were made in accordance with the provisions of Chapter 0400-20-05.

(73) “Roentgen” (R) means the special unit of exposure. One roentgen equals 2.58 x 10 -4 coulombs per kilogram of air.

(74) “Sealed source” is defined in Rule 0400-20-07-.05.

(75) “Site area emergency” means a classification for events that are in progress, may occur, or have occurred that could lead to a significant release of radioactive material and that could require a response by offsite response organizations to protect persons offsite.

(76) “Source of radiation” means material that emits radiation spontaneously, or apparatus that produces, or may produce when the associated controls are operated, one or more forms of radiation.

(77) “Special form radioactive material” means radioactive material that satisfies the following conditions:

(a) It either is a single solid piece or is contained in a sealed capsule that can be opened only by destroying the capsule;

(b) The piece or capsule has at least one dimension not less than 5 millimeters (0.2 inch); and (c) It satisfies the requirements specified by the U.S. Nuclear Regulatory Commission in 10 C.F.R. § 71.75 (2024). A special form encapsulation designed in accordance with the U.S. NRC requirements of 10 C.F.R. § 71.4 (2024) and constructed before July 1, 1985; a special form encapsulation designed in accordance with U.S. NRC requirements of 10 C.F.R. § 71.4 (2024 and constructed before April 1, 1998; and special form material that was successfully tested before September 10, 2015, in accordance with the requirements of 10 C.F.R. § 71.75(d) (June 12, 2015), may continue to be used. Any other special form encapsulation shall meet the specifications of this definition. Federal statutes and regulations that are not specifically adopted by reference shall be used as guidance in interpreting the rules.

(78) “Special nuclear material in quantities not sufficient to form a critical mass” means:

(a) Uranium enriched in the isotope U-235 in quantities not exceeding 350 grams of contained U-235;

(b) Uranium-233 in quantities not exceeding 200 grams;

(c) Plutonium in quantities not exceeding 200 grams; or (d) Any combination of them in accordance with the following formula. For each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all kinds of special nuclear material in combination shall not exceed 1 (i.e., unity). For example, the following quantities in combination would not exceed the limitation and are within the formula, as follows: 175 (grams contained U-235) + 50 (grams U-233) + 50 (grams Pu) = 1 350 200 200 (79) “Specific activity” means the radioactivity of a radionuclide per unit mass of that nuclide. The specific activity of a material in which the radionuclide is essentially uniformly distributed is the radioactivity per unit mass of the material.

(80) “Spent nuclear fuel” (or “spent fuel”) means fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least one year’s decay since being used as a source of energy in a power reactor, and has not been chemically separated into its constituent elements by reprocessing. Spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies.

(81) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(82) “Surface contaminated object” (SCO) means a solid object that is not itself classed as radioactive material but that has radioactive material distributed on any of its surfaces. SCO must be in one of two groups with surface activity not exceeding the following limits:

(a) SCO-I: A solid object on which:

The removable (non-fixed) contamination on the accessible surface averaged over 300 cm (or the area of the surface if less than 300 cm ) does not exceed 1 E-4 microcurie (4 becquerels) per square centimeter (cm ) for beta and gamma and low toxicity alpha emitters or 1 E-5 microcuries (0.4 becquerel) per cm for all other alpha emitters;
The fixed contamination on the accessible surface averaged over 300 cm (or the area of the surface if less than 300 cm ) does not exceed 1 microcurie (4 E+4 becquerels) per square centimeter (cm ) for beta and gamma and low toxicity alpha emitters or 0.1 microcurie (4 E+3 becquerels) per cm for all other alpha emitters; and 3. The removable (nonfixed) contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm (or the area of the surface if less than 300 cm ) does not exceed 1 microcurie (4 E+4 becquerels) per square centimeter (cm ) beta and gamma and low toxicity alpha emitters or 0.1 microcurie (4 E+3 becquerels) per cm for all other alpha emitters.

(b) SCO-II: A solid object on which the limits for SCO-I are exceeded and on which:

The removable contamination on the accessible surface averaged over 300 cm (or the area of the surface if less than 300 cm ) does not exceed 1 E-2 microcurie (400 becquerels) per square centimeter (cm ) for beta and gamma and low toxicity alpha emitters or 1 E-3 microcurie (40 becquerels) per cm for all other alpha emitters;
The fixed contamination on the accessible surface averaged over 300 cm (or the area of the surface if less than 300 cm ) does not exceed 20 microcuries (8 E+5 becquerels) per square centimeter (cm ) for beta and gamma and low toxicity alpha emitters or 2 microcuries (8 E+4 becquerels) per cm for all other alpha emitters; and 3. The removable (nonfixed) contamination plus the fixed contamination on the inaccessible surface averaged over 300 cm (or the area of the surface if less than 300 cm ) does not exceed 20 microcuries (8 E+5 becquerels) per square centimeter (cm ) for beta and gamma and low toxicity alpha emitters or 2 microcuries (8 E+4 becquerels) per cm for all other alpha emitters.

(83) “Therapeutic-type protective tube housing” means:

(a) For x-ray therapy apparatus not capable of operating at 500 kVp or above, the following definition applies. An x-ray tube housing so constructed that the leakage radiation at a distance of one meter from the target does not exceed 1 roentgen in an hour when the tube is operated at its maximum rated continuous current for the maximum rated tube potential.

(b) For x-ray therapy apparatus capable of operating at 500 kVp or above, the following definition applies. An x-ray tube housing so constructed that the leakage radiation at a distance of one meter from the target does not exceed 0.1 percent of the useful beam exposure rate at 1-meter from the target, for any of its operating conditions.

(c) In either case, small areas of reduced protection are acceptable providing the average radiation exposure over any area of 100 square centimeters at one meter distance from the target does not exceed the values given above. However, no linear dimension of the area used to obtain the average shall exceed 20 centimeters.

(d) See part (1)(a)15. of Rule 0400-20-06-.05 for leakage requirements for contact therapy apparatus.

(84) “These regulations” or “these rules” or “State Regulations for Protection Against Radiation” means Division 0400-20.

(85) “Transport index” (TI) means the dimensionless number (rounded up to the next tenth) placed on the label of a package to designate the degree of control to be exercised by the carrier during transportation. The transport index is the number determined by multiplying the maximum radiation level in millirem per hour at one meter (3.3 feet) from the external surface of the package by 100 (equivalent to multiplying the maximum radiation level in millisievert (mSv) per hour at one meter (3.3 feet) by 100). The transport index is determined as follows:

(a) For non-fissile material packages, the number determined by multiplying the maximum radiation level in millisievert (mSv) per hour at one meter (3.3 ft) from the external surface of the package by 100 (equivalent to the maximum radiation level in millirem per hour at 1-meter (3.3 ft)); or (b) For fissile material packages, the number determined by multiplying the maximum radiation level in millisievert per hour at one meter (3.3 ft) from the external surface of the package by 100 (equivalent to the maximum radiation level in millirem per hour at 1-meter (3.3 ft)), or, for criticality control purposes, the number obtained as described in 10 C.F.R. § 71.59 (2024), whichever is larger.

(86) “Tribal official” means the highest-ranking individual that represents Tribal leadership, such as the chief, president, or Tribal council leadership.

(87) “Type A quantity” means a quantity of radioactive material, the aggregate radioactivity of which does not exceed A for special form radioactive material or A for normal form radioactive material, where A and A are given in Table A-1, Schedule 10-6, Rule 0400-20- 10-.37, or may be determined by procedures described in Schedule 10-6, Rule 0400-20-10- .38.

(88) “Type B quantity” means a quantity of radioactive material greater than a Type A quantity.

(89) “Unirradiated uranium” means uranium containing not more than 2 E+3 Bq of plutonium per gram of uranium-235, not more than 9 E+6 Bq of fission products per gram of uranium-235, and not more than 5 E-3 g of uranium-236 per gram of uranium-235.

(90) “Units of radioactivity” is defined in Rule 0400-20-05-.34.

(91) “Unrefined and unprocessed ore” means ore in its natural form prior to any processing, such as grinding, roasting, beneficiating, or refining. Processing does not include sieving or encapsulation of ore or preparation of samples for laboratory analysis.

(92) “Uranium” - natural, depleted, enriched.

(a) “Natural uranium” means uranium (which may be chemically separated) with the naturally occurring distribution of uranium isotopes (about 0.711 weight percent uranium-235, and the remainder by weight essentially uranium-238).

(b) “Depleted uranium” means uranium containing less uranium-235 than the naturally occurring distribution of uranium isotopes.

(c) “Enriched uranium” means uranium containing more uranium-235 than the naturally occurring distribution of uranium isotopes.

(93) “Useful beam” (or “primary beam”) means that part of the radiation that passes through a window, aperture, cone, or other collimating device.

(94) “Waste” means those low-level radioactive wastes containing source, special nuclear, or byproduct material that are acceptable for disposal at a land disposal facility. For the purposes of this definition, low-level waste is radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in paragraph (14) of Rule 0400-20-05-.32.

(95) “Waste handler” means a person who holds radioactive wastes for disposal and/or who actually disposes of radioactive wastes for other persons.

(96) “Waste processor” means a waste handler who performs a physical and/or chemical activity on a material containing or contaminated with radioactive material.

(97) “Worker” means an individual engaging in work under a license or registration issued by the Division and controlled by a licensee or registrant, but does not include the licensee or registrant.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Repeal and new rule filed March 3, 2015; effective June 1, 2015. Amendment filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-05-.142 .

(2) In determining individuals subject to paragraph (1) of this rule, licensees and registrants shall consider assigned activities during normal and abnormal situations involving exposure to sources of radiation that can reasonably occur during the life of a licensed or registered facility. The extent of these instructions shall be commensurate with potential radiological health protection problems in the work place.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Chapter 0400-20-05 Standards for Protection Against Radiation (Transferred from 1200-02-05 which was repealed)

Tenn. Comp. R. & Regs. 0400-20-05-.01 THROUGH 0400-20-05-.29 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.30 PURPOSE

(1) The regulations in Rules 0400-20-05-.30 through 0400-20-05-.165 establish standards for protection against ionizing radiation. These standards are issued under Tennessee Code Annotated (T.C.A.) 4-5-201 et seq. and 68-202-203 and 206, as amended. These standards are also issued to meet the Nuclear Regulatory Commission’s requirements for compatibility as set out in 42 United States Code Annotated (USCA) Section 2021(d)(2) and 10 CFR 20. It is the intent of the Division of Radiological Health of the Tennessee Department of Environment and Conservation that these rules enable the State of Tennessee to maintain its compatibility as an Agreement State. This principle should be considered, when relevant, in any interpretation of these rules. To that end, judicial or administrative interpretation of corresponding rules in other jurisdictions should be given persuasive authority.

(2) The purpose of these standards is to control the receipt, possession, use, transfer and disposal of sources of radiation by any person. This is done so that the total dose to an individual from all sources of radiation other than background radiation does not exceed these standards. However, nothing in these standards shall be construed as limiting a licensee’s or registrant’s actions that may be necessary to protect health and safety during an emergency.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.31 SCOPE

These standards apply to all persons who receive, possess, use, transfer, or dispose of sources of radiation within the jurisdiction of the State of Tennessee. The limits in these standards do not apply to doses due to background radiation or to exposure of patients to radiation for medical diagnosis or therapy.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.32 DEFINITIONS

(1) “Absorbed dose” means the energy imparted by ionizing radiation per unit mass of irradiated material. The units of absorbed dose are the rad and the gray (Gy).

(2) “Act” means the Tennessee Code Annotated, Title 68, Chapter 202, as amended.

(3) “Activity” is the rate of disintegration (transformation) or decay of radioactive material. The units of activity are the curie (Ci) and the becquerel (Bq).

(4) “Adult” means an individual 18 or more years of age.

(5) “Airborne radioactive material” means radioactive material dispersed in the air in the form of dusts, fumes, particulates, mists, vapors or gases.

(6) “Airborne radioactivity area” means a room, enclosure, or area in which airborne radioactive materials, composed wholly or partly of licensed material, exist in concentrations:

(a) In excess of the derived air concentrations (DACs) specified in Schedule RHS 8-30; or (b) To such a degree that an individual present in the area without respiratory protective equipment could exceed, during the hours an individual is present in a week, an intake of 0.6 percent of the annual limit on intake (ALI) or 12 DAC-hours.

(7) “Air-purifying respirator” means a respirator with an air-purifying filter, cartridge or canister that removes specific air contaminants by passing ambient air through the air-purifying element.

(8) “ALARA” (acronym for “as low as is reasonably achievable”) means making every reasonable effort to maintain exposures to radiation as far below the dose limits in these standards as is practical consistent with the purpose for which the activity is undertaken and taking into account:

(a) The state of technology;

(b) The economics of improvements in relation to:

The state of technology;
Benefits to public health and safety, and other societal and socioeconomic considerations; and 3. Utilization of radiation and radioactive materials in the public interest.

(9) “Annual limit on intake” (ALI) means the derived limit for the amount of radioactive material taken into the body of an adult worker by inhalation or ingestion in a year. ALI is the smaller value of intake of a given radionuclide in a year by the reference man that would result in a committed effective dose equivalent of 5 rems (0.05 Sv) or a committed dose equivalent of 50 rems (0.5 Sv) to any individual organ or tissue. ALI values for intake by ingestion and by inhalation of selected radionuclides are given in Schedule RHS 8-30.

(10) “Assigned protection factor” (APF) means the expected workplace level of respiratory protection that would be provided by a properly functioning respirator or a class of respirators to properly fitted and trained users. Operationally, the inhaled concentration can be estimated by dividing the ambient airborne concentration by the APF.

(11) “Atmosphere-supplying respirator” means a respirator that supplies the respirator user with breathing air from a source independent of the ambient atmosphere, and includes suppliedair respirators (SARs) and self-contained breathing apparatus (SCBA) units.

(12) “Background radiation” means radiation from cosmic sources; naturally occurring radioactive material, including radon (except as a decay product of source or special nuclear material), and global fallout as it exists in the environment from the testing of nuclear explosive devices or from past nuclear accidents such as Chernobyl that contribute to background radiation and are not under the control of the licensee. “Background radiation” does not include radiation from sources of radiation subject to licensing or registering by the Division.

(13) “Bioassay” (“radiobioassay”) means the determination of kinds, quantities or concentrations, and, in some cases, the locations of radioactive material in the human body, whether by direct measurement (in vivo counting) or by analysis and evaluation of materials excreted or removed from the human body.

(14) “Byproduct material” means:

(a) Any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;

(b) The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute “byproduct material” within this definition;

(c) 1. Any discrete source of radium-226 that is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity; or 2. Any material that— (i) Has been made radioactive by use of a particle accelerator, including by use of a fusion machine; and (ii) If made radioactive by use of a particle accelerator that is not a fusion machine, is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and (d) Any discrete source of naturally occurring radioactive material, other than source material, that— 1. The Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and 2. Before, on, or after August 8, 2005, extracted or converted after extraction for use in a commercial, medical, or research activity.

(15) “Class” (or “lung class” or “inhalation class”) means a classification scheme for inhaled material according to its rate of clearance from the pulmonary region of the lung. Materials are classified as D, W, or Y, which applies to a range of clearance half-times: for Class D (Days) of less than 10 days, for Class W (Weeks) from 10 to 100 days, and for Class Y (Years) of greater than 100 days.

(16) “Collective dose” is the sum of the individual doses received in a given period of time by a specific population from exposure to a specific source of radiation.

(17) “Committed dose equivalent” (CDE) (H T,50 ) is the dose equivalent to organs or tissues of reference (T) that will be received from an intake of radioactive material by an individual during the 50 year period following the intake.

(18) “Committed effective dose equivalent” (CEDE) (H E,50 ) is the sum of the products of the weighting factors applicable to each of the body organs or tissues that are irradiated and the committed dose equivalent to these organs or tissues (H E,50 =(ΣWTH T,50 ).

(19) “Constraint” (or “dose constraint”) means a value above which specified licensee actions are required.

(20) “Declared pregnant woman” means a woman who has voluntarily informed her employer, in writing, of her pregnancy and the estimated date of conception. The declaration remains in effect until the declared pregnant woman withdraws the declaration in writing or is no longer pregnant.

(21) “Deep-dose equivalent” (DDE) (H d ), which applies to external whole-body exposure, is the dose equivalent at a tissue depth of 1 cm (1000 mg/cm ).

(22) “Demand respirator” means an atmosphere-supplying respirator that admits breathing air to the facepiece only when a negative pressure is created inside the facepiece by inhalation.

(23) “Department” refers to the Tennessee Department of Environment and Conservation.

(24) “Derived air concentration” (DAC) means the concentration of a given radionuclide in air which, if breathed by the reference man for a working year of 2,000 hours under conditions of light work (inhalation rate 1.2 cubic meters of air per hour), results in an intake of one ALI.

DAC values are given in Schedule RHS 8-30.

(25) “Derived air concentration-hour” (DAC-hour) is the product of the concentration of radioactive material in air (expressed as a fraction or multiple of the derived air concentration for each radionuclide) and the time of exposure to that radionuclide, in hours. A licensee may take 2,000 DAC-hours to represent one ALI, equivalent to a committed effective dose equivalent of 5 rems (0.05 Sv).

(26) “Disposable respirator” means a respirator for which maintenance is not intended and that is designed to be discarded after excessive breathing resistance, sorbent exhaustion, physical damage, or end-of-service-life renders it unsuitable for use. Examples of this type of respirator are a disposable half-mask respirator or a disposable escape-only self-contained breathing apparatus (SCBA).

(27) “Division” means the Division of Radiological Health of the Tennessee Department of Environment and Conservation.

(28) “Dose or radiation dose” is a generic term that means absorbed dose, dose equivalent, effective dose equivalent, committed dose equivalent, committed effective dose equivalent, or total effective dose equivalent, as defined in other paragraphs of this rule.

(29) “Dose equivalent” (H T ) means the product of the absorbed dose in tissue, the quality factor, and all other necessary modifying factors at the location of interest. The units of dose equivalent are the rem and sievert (Sv).

(30) “Dosimetry processor” means an individual or an organization that processes and evaluates individual monitoring equipment in order to determine the radiation dose delivered to the equipment (ΣH E ,50=(W T H T ,50).

(31) “Effective dose equivalent” (EDE) (H E ) is the sum of the products of the dose equivalent to the organ or tissue (H T ) and the weighting factors (W T ) applicable to each of the body organs or tissues that are irradiated (H E =(ΣW T H T ).

(32) “Embryo/fetus” means the developing human organism from conception until the time of birth.

(33) “Entrance or access point” means any location through which an individual could gain access to radiation areas or to sources of radiation. This includes entry or exit portals of sufficient size to permit human entry, irrespective of their intended use.

(34) “Exposure” means being exposed to ionizing radiation or to radioactive material.

(35) “External dose” means that portion of the dose equivalent received from sources of radiation outside the body.

(36) “Extremity” means hand, elbow, arm below the elbow, foot, knee, or leg below the knee.

(37) “Filtering facepiece” (‘dust mask’) means a negative pressure particulate respirator with a filter as an integral part of the facepiece or with the entire facepiece composed of the filtering medium, not equipped with elastomeric sealing surfaces and adjustable straps.

(38) “Fit factor” means a quantitative estimate of the fit of a particular respirator to a specific individual, and typically estimates the ratio of the concentration of a substance in ambient air to its concentration inside the respirator when worn.

(39) “Fit test” means the use of a protocol to evaluate qualitatively or quantitatively the fit of a respirator on an individual.

(40) “Generally applicable environmental radiation standards” means standards issued by the Environmental Protection Agency (EPA) under the authority of the Atomic Energy Act of 1954, as amended, that impose limits on radiation exposures or levels, or concentrations or quantities of radioactive material, in the general environment outside the boundaries of locations under the control of persons possessing or using sources of radiation.

(41) “Government agency” means any executive department, commission, independent establishment, corporation wholly or partly owned by the United States of America, which is an instrumentality of the United States, or any board, bureau, division, service, office, officer,

authority, administration, or other establishment in the executive branch of the Government.

(42) “Gray” (See subparagraph (1)(a) of Rule 0400-20-05-.33).

(43) “Helmet” means a rigid respiratory inlet covering that also provides head protection against impact and penetration.

(44) “High radiation area” means an area, accessible to individuals, in which radiation levels from radiation sources external to the body could result in an individual receiving a dose equivalent in excess of 0.1 rem (1 mSv) in 1 hour at 30 centimeters from the source of radiation or from any surface that the radiation penetrates.

(45) “Hood” means a respiratory inlet covering that completely covers the head and neck and may also cover portions of the shoulders and torso.

(46) “Individual” means any human being.

(47) “Individual monitoring” means:

(a) The assessment of dose equivalent by the use of devices designed to be worn by an individual;

(b) The assessment of committed effective dose equivalent by bioassay (see Bioassay) or by determination of the time–weighted air concentrations to which an individual has been exposed, i.e., DAC–hours; or (c) The assessment of dose equivalent by the use of survey data.

(48) “Individual monitoring devices” (“individual monitoring equipment”) means devices designed to be worn by a single individual for the assessment of dose equivalent, such as film badges, thermoluminescence dosimeters (TLDs), pocket ionization chambers, and personal (“lapel”) air sampling devices.

(49) “Internal dose” means that portion of the dose equivalent received from radioactive material taken into the body.

(50) “Lens dose equivalent” applies to the external exposure of the lens of the eye and is taken as the dose equivalent at a tissue depth of 0.3 centimeter (300 mg/cm ).

(51) “License” means a license issued under the regulations in Chapter 0400-20-10.

(52) “Licensed material” means radioactive material received, possessed, used, transferred or disposed of under a general or specific license issued by the Division.

(53) “Licensee” means the holder of a license.

(54) “Limits” (“dose limits”) means the permissible upper bounds of radiation doses.

(55) “Loose-fitting facepiece” means a respiratory inlet covering that is designed to form a partial seal with the face.

(56) “Lost” or “missing radioactive material” means radioactive material whose location is unknown. It includes material that has been shipped but has not reached its destination and whose location cannot be readily traced in the transportation system.

(57) “Member of the public” means any individual except when that individual is receiving an occupational dose.

(58) “Minor” means an individual less than 18 years of age.

(59) “Misadministration” means an event that meets the criteria in Rule 0400-20-05-.145.

(60) “Monitoring” (“radiation monitoring,” “radiation protection monitoring”) means the measurement of radiation levels, concentrations, surface area concentrations or quantities of radioactive material and the use of the results of these measurements to evaluate potential exposures and doses.

(61) “Nationally tracked sources” means a sealed source containing a quantity equal to or greater than Category 1 or Category 2 levels of any radioactive material listed in Rule 0400-20-05- .164. In this context a sealed source is defined as radioactive material that is sealed in a capsule or closely bonded, in a solid form and which is not exempt from regulatory control. It does not mean material encapsulated solely for disposal or nuclear material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet. Category 1 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the Category 1 threshold. Category 2 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the Category 2 threshold but less than the Category 1 threshold.

(62) “Negative pressure respirator” (“tight fitting”) means a respirator in which the air pressure inside the facepiece is negative during inhalation with respect to the ambient air pressure outside the respirator.

(63) “Nonstochastic effect” means health effects, the severity of which varies with the dose and for which a threshold is believed to exist. Radiation-induced cataract formation is an example of a nonstochastic effect (also called a deterministic effect).

(64) “NRC” means the Nuclear Regulatory Commission or its duly authorized representatives.

(65) “Occupational dose” means the dose received by an individual in the course of employment in which the individual’s assigned duties involve exposure to radiation or to radioactive material from registered, unregistered, licensed and unlicensed sources of radiation, whether in the possession of the licensee, registrant or other person. Occupational dose does not include dose received from background radiation, from any medical administration the individual has received, from exposure to individuals administered radioactive material and released in accordance with Rule 0400-20-07-.35, from voluntary participation in medical research programs, or as a member of the public.

(66) “Person” means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, any governmental agency of this state and any department, agency or instrumentality of the federal government.

(67) “Planned special exposure” (PSE) means an infrequent exposure to radiation, separate from and in addition to the annual dose limits.

(68) “Positive pressure respirator” means a respirator in which the pressure inside the respiratory inlet covering exceeds the ambient air pressure outside the respirator.

(69) “Powered air-purifying respirator” (PAPR) means an air-purifying respirator that uses a blower to force the ambient air through air-purifying elements to the inlet covering.

(70) “Pressure demand respirator” means a positive pressure atmosphere-supplying respirator that admits breathing air to the facepiece when the positive pressure is reduced inside the facepiece by inhalation.

(71) “Public dose” means the dose received by a member of the public from exposure to radiation or to radioactive material released by a licensee, or to any other source of radiation under the control of a licensee or registrant. Public Dose does not include occupational dose or doses received from background radiation, from any medical administration the individual has received, from exposure to individuals administered radioactive material and released in accordance with Rule 0400-20-07-.35, or from voluntary participation in medical research programs.

(72) “Qualitative fit test” (QLFT) means a pass/fail fit test to assess the adequacy of respirator fit that relies on the individual’s response to the test agent.

(73) “Quality factor” (Q) means the modifying factor (see Tables RHS 5-1 and RHS 5-2) that is used to derive dose equivalent from absorbed dose.

(74) “Quantitative fit test” (QNFT) means an assessment of the adequacy of respirator fit by numerically measuring the amount of leakage into the respirator.

(75) “Quarter” means a period of time equal to one-fourth of the year observed by the licensee or registrant (approximately 13 consecutive weeks), providing that the beginning of the first quarter in a year coincides with the starting date of the year and that no day is omitted or duplicated in consecutive quarters.

(76) “Rad” (See Rule 0400-20-05-.33(1)(b)).

(77) “Radiation” includes all ionizing electromagnetic waves and corpuscular emissions such as, but not necessarily limited to, gamma rays and x-rays, alpha and beta particles, electrons, neutrons, and protons, and other nuclear particles, but not radio waves or visible, infrared, or ultraviolet light.

(78) “Radiation area” means an area, accessible to individuals, in which radiation levels could result in an individual receiving a dose equivalent in excess of 0.005 rem (0.05 mSv) in 1 hour at 30 centimeters from the source of radiation or from any surface that the radiation penetrates.

(79) “Reference man” means a hypothetical aggregation of human physical and physiological characteristics arrived at by the Division after considering among others data and information published by the International Commission on Radiation Protection and the National Council on Radiation Protection and Measurements.

(80) “Rem” (See Rule 0400-20-05-.33(1)(c)).

(81) “Respiratory protective device” means an apparatus, such as a respirator, used to reduce the individual’s intake of airborne radioactive materials.

(82) “Restricted area” means an area, access to which is limited by the licensee or registrant for the purpose of protecting individuals against undue risks from exposure to radiation and radioactive materials. Restricted area does not include areas used as residential quarters, but separate rooms in a residential building may be set apart as a restricted area.

(83) “Sanitary sewerage” means a system of public sewers for carrying off waste water and refuse, but excluding sewage treatment facilities, septic tanks, and leach fields owned or operated by the licensee.

(84) “Self-contained breathing apparatus” (SCBA) means an atmosphere-supplying respirator for which the breathing air source is designed to be carried by the user.

(85) “Shallow–dose equivalent (Hs),” which applies to the external exposure of the skin of the whole body or the skin of an extremity, is taken as the dose equivalent at a tissue depth of 0.007 centimeter (7 mg/cm ).

(86) “Sievert” (See Rule 0400-20-05-.33(1)(d)).

(87) “Site boundary” means that line beyond which the land or property is not owned, leased or otherwise controlled by the licensee or registrant.

(88) “Source material” refers to:

(a) Uranium or thorium, or any combination thereof, in any physical or chemical form; or (b) Ores which contain by weight, one-twentieth of one percent (0.05%) or more of: uranium, thorium or any combinations thereof. Source material does not include special nuclear material.

(89) “Stochastic effects” means health effects that occur randomly and for which the probability of the effect occurring, rather than its severity, is assumed to be a linear function of dose without threshold. Hereditary effects and cancer incidence are examples of stochastic effects.

(90) “Supplied-air respirator” (SAR) or “airline respirator” means an atmosphere-supplying respirator for which the source of breathing air is not designed to be carried by the user.

(91) “Survey” means an evaluation of the radiological conditions and potential hazards incident to the production, use, transfer, release, disposal, or presence of radioactive material or other sources of radiation. When appropriate, such an evaluation includes a physical survey of the location of a source of radiation and measurements or calculations of levels of radiation or concentrations or quantities of radioactive material present.

(92) “Tight-fitting facepiece” means a respiratory inlet covering that forms a complete seal with the face.

(93) “Total effective dose equivalent” (TEDE) means the sum of the effective dose equivalent (for external exposures) and the committed effective dose equivalent (for internal exposures).

(94) “Unrestricted area” means an area, access to which is neither limited nor controlled by the licensee or registrant.

(95) “User seal check” (“fit check”) means an action conducted by the respirator user to determine if the respirator is properly seated to the face. Examples include negative pressure check, positive pressure check, irritant smoke check or isoamyl acetate check.

(96) “Very high radiation area” means an area accessible to individuals in which radiation levels from radiation sources external to the body could result in an individual receiving an absorbed dose in excess of 500 rads (5 grays) in 1 hour at 1 meter from a source of radiation or 1 meter from any surface that the radiation penetrates.

(Note: At very high doses received at high dose rates, units of absorbed dose (e.g., rads and grays) are appropriate, rather than units of dose equivalent (e.g., rems and sieverts)).

(97) “Week” means 7 consecutive days starting on Sunday.

(98) “Weighting factor (W T ), for an organ or tissue (T)” is the proportion of the risk of stochastic effects resulting from irradiation of the organ or tissue to the total risk of stochastic effects when the whole body is irradiated uniformly. For calculating the effective dose equivalent, the values of WT are:

ORGAN DOSE WEIGHTING FACTORS

Organ or Tissue W T Gonads 0.25 Breasts 0.15 Red Bone Marrow 0.12 Lung 0.12 Thyroid 0.03 Bone Surfaces 0.03 Remainder 0.30 Whole Body 1.00 0.30 results from 0.06 for each of 5 “remainder” organs (excluding the skin and the lens of the eye) that receive the highest doses.

For the purpose of weighting the external whole body dose (for adding it to the internal dose), a single weighting factor, W T =1.0, has been specified. The use of other weighting factors for external exposure will be approved on a case-by-case basis until such time as specific guidance is issued.

(99) “Whole body” means, for purposes of external exposure, head, trunk (including male gonads), arms above the elbow, or legs above the knee.

(100) “Working level” (WL) is any combination of short-lived radon daughters (for radon-222: polonium-218, lead-214, bismuth-214, and polonium-214; and for radon-220: polonium-216, lead-212, bismuth-212, and polonium-212) in 1 liter of air that will result in the ultimate emission of 1.3 x 105 MeV of potential alpha particle energy.

(101) “Working level month” (WLM) means an exposure to 1 working level for 170 hours (2,000 working hours per year/12 months per year = approximately 170 hours per month).

(102) “Year” means the period of time beginning in January used to determine compliance with the provisions of these standards. The licensee or registrant may change the starting date of the year used to determine compliance by the licensee or registrant provided that the change is made at the beginning of the year and that no day is omitted or duplicated in consecutive years.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-05-.33 UNITS OF RADIATION DOSE

(1) Definitions. As used in these standards the units of radiation dose are:

(a) Gray (Gy) is the SI unit of absorbed dose. One gray is equal to an absorbed dose of 1 joule/kilogram (100 rads).

(b) Rad is the special unit of absorbed dose. One rad is equal to an absorbed dose of 100 ergs/gram or 0.01 joule/kilogram (0.01 gray).

(c) Rem is the special unit of any of the quantities expressed as dose equivalent. The dose equivalent in rems is equal to the absorbed dose in rads multiplied by the quality factor (1 rem = 0.01 sievert).

(d) Sievert is the SI unit of any of the quantities expressed as dose equivalent. The dose equivalent in sieverts is equal to the absorbed dose in grays multiplied by the quality factor (1 Sv = 100 rems).

(2) As used in these standards the quality factors for converting absorbed dose to dose equivalent are shown in Table RHS 5-1.

TABLE RHS 5-1 QUALITY FACTORS AND ABSORBED DOSE

EQUIVALENCIES

Type of Radiation Quality Factor (Q) Absorbed dose equal to a unit dose equivalent X-, gamma, or beta radiation 1 1 Alpha particles, multiple charged particles, fission fragments and heavy particles of unknown charge 20 0.05 Neutrons of unknown energy 10 0.1 High-energy protons 10 0.1 Absorbed dose in rad equal to 1 rem or the absorbed dose in gray equal to 1 sievert.

If measuring the neutron fluence rate is more convenient than determining the neutron dose equivalent rate as provided in this paragraph, 1 rem (0.01 Sv) of neutron radiation of unknown energies may be assumed to result from a total fluence of 25 million neutrons per square centimeter incident upon the body. If sufficient information exists to estimate the approximate energy distribution of the neutrons, the licensee or registrant may use the fluence rate per unit dose equivalent or the appropriate Q value from Table RHS 5-2 to convert a measured tissue dose in rads to dose equivalent in rems.

TABLE RHS 5-2 MEAN QUALITY FACTORS, Q, AND FLUENCE PER UNIT DOSE

EQUIVALENT FOR MONOENERGETIC NEUTRONS

Neutron Energy (MeV)

Quality Factor a (Q)

Fluence per unit dose equivalent b (neutrons cm -2 rem -1 )

(Thermal). 2.5 x 10 -8 2 980x10 1 x 10 -7 2 980x10 1 x 10 -6 2 810x10 1 x 10 -5 2 810x10 1 x 10 -4 2 840x10 1 x 10 -3 2 980x10 1 x 10 -2 2.5 1010x10 1 x 10 -1 7.5 170x10 5 x 10 -1 11 39x10 1 11 27x10 2.5 9 29x10 5 8 23x10 7 7 24x10 10 6.5 24x10 14 7.5 17x10 20 8 16x10 40 7 14x10 60 5.5 16x10 1 x 10 4 20x10 2 x 10 3.5 19x10 3 x 10 3.5 16x10 4 x 10 3.5 14x10 a Value of quality factor (Q) at the point where the dose equivalent is maximum in a 30-cm diameter cylinder tissue-equivalent phantom. b Monoenergetic neutrons incident normally on a 30-cm diameter cylinder tissue-equivalent phantom.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.34 UNITS OF RADIOACTIVITY

(1) For the purposes of these standards, activity is expressed in the special unit of curies (Ci) or in the SI unit of becquerels (Bq), or their multiples, or disintegrations (transformations) per unit of time.

(a) One becquerel = 1 disintegration per second (s -1 ).

(b) One curie = 3.7 x 10 disintegrations per second = 3.7 x 10 becquerels = 2.22 x 10 disintegrations per minute.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.35 COMMUNICATIONS

Unless otherwise specified, communications or reports concerning the regulations should be addressed to the Director, Division of Radiological Health, and mailed to the address given in Rule 0400-20-04-.07.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.36 THROUGH 0400-20-05-.39 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.40 ; or (c) Levels of radiation or concentrations of radioactive material in:

A restricted area in excess of any applicable limit in the license or registration; or 2. An unrestricted area in excess of 10 times any limit set forth in these standards, the license or registration; whether or not there is exposure of any individual in excess of the limits in Rule 0400-20-05-.60).

(d) Levels of radiation or releases of radioactive material exceeding EPA’s generally applicable environmental standards in 40 C.F.R. Part 190, or license or registration conditions. This applies only if the licensee or registrant is subject to the standards.

(2) Contents of reports.

(a) Each report required by paragraph (1) of this rule shall describe the extent of exposure of individuals to radiation and radioactive material, including, as appropriate:

Estimates of each individual’s dose;
The levels of radiation and concentrations of radioactive material involved;
The cause of the elevated exposures, dose rates or concentrations; and 4. Corrective steps taken or planned to ensure against a recurrence, including the schedule for achieving conformance with applicable limits, ALARA constraints, generally applicable environmental standards and associated license conditions.

(b) Each report filed under paragraph (1) of this rule shall include for each occupationally overexposed individual : the name, Social Security account number and date of birth.

The report shall be prepared so that this information is stated in a separate and detachable part.

(3) All licensees or registrants who make reports under paragraph (1) of this rule shall submit the report in writing to the Division of Radiological Health at the address given in Rule 0400-20- 04-.07.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.41 THROUGH 0400-20-05-.49 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed (Rule 0400-20-05-.41 through 0400-20-05-.49, continued) February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.50 OCCUPATIONAL DOSE LIMITS FOR ADULTS

(1) Except for planned special exposures under Rule 0400-20-05-.54, the licensee or registrant shall limit the occupational dose to individual adults to the following annual dose limits:

(a) An annual limit that is the lesser of:

A total effective dose equivalent of 5 rems (0.05 Sv) or 2. The sum of the deep–dose equivalent and the committed dose equivalent to any individual organ or tissue other than the lens of the eye equal to 50 rems (0.5 Sv).

(b) The annual limits to the lens of the eye, to the skin of the whole body and to the skin of the extremities:

A lens–dose equivalent to 15 rems (0.15 Sv), and 2. A shallow–dose equivalent of 50 rems (0.50 Sv) to the skin of the whole body or to the skin of any extremity.

(2) The amount by which occupational dose from all sources exceeds an individual’s annual limits shall be subtracted from the individual’s limits for planned special exposures for the current year and for lifetime exposure. See parts (1)(f)1 and 2 of Rule 0400-20-05-.54.

(3) When external exposure is determined by measurement with an external personal monitoring device, the deep-dose equivalent must be used in place of the effective dose equivalent, unless the effective dose equivalent is determined by a dosimetry method approved by the Division or by the Nuclear Regulatory Commission. The assigned deep–dose equivalent shall be for the part of the body receiving the highest exposure. The assigned shallow–dose equivalent shall be the dose averaged over the contiguous 10 cm of skin receiving the highest exposure. Deep–dose, lens–dose and shallow–dose equivalents may be assessed from surveys or other radiation measurements to demonstrate compliance with occupational dose limits. However, this may be done only if the individual monitoring device was not subject to the highest potential exposure, or the individual monitoring results are unavailable.

(4) Derived air concentration (DAC) and annual limit on intake (ALI) values are presented in Schedule RHS 8-30 and may be used to determine the individual’s dose and demonstrate compliance with the occupational dose limits.

(5) In addition to the annual dose limits, the licensee shall limit the soluble uranium intake by an individual to 10 milligrams in a week in consideration of chemical toxicity (see footnote 3 of Schedule RHS 8-30).

(6) The licensee shall reduce the dose that an individual may be allowed to receive in the current year by the amount of occupational dose received while employed by any other person.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.51 COMPLIANCE WITH REQUIREMENTS FOR SUMMATION OF EXTERNAL AND

INTERNAL DOSES.

(1) If the licensee is required to monitor under subparagraphs (1)(a) and (b) of Rule 0400-20-05- .71, the licensee shall demonstrate compliance with the dose limits by summing external and internal doses. If the licensee or registrant is required to monitor only under subparagraph (1)(a) of Rule 0400-20-05-.71 or only under subparagraph (1)(b) of Rule 0400-20-05-.71 then summation is not required to demonstrate compliance with the dose limits. The licensee may demonstrate compliance with the requirements for summation of external and internal doses by meeting one of the conditions specified in paragraph (2) of this rule and the conditions in paragraphs (3) and (4) of this rule.

(Note: The dose equivalents for the lens of the eye, the skin, and the extremities are not included in the summation, but are subject to separate limits.)

(2) Intake by inhalation. If the only intake of radionuclides is by inhalation, the total effective dose equivalent limit is not exceeded if the sum of the deep-dose equivalent divided by the total effective dose equivalent limit, and one of the following, does not exceed unity:

(a) The sum of the fractions of the inhalation ALI for each radionuclide; or (b) The total number of derived air concentration-hours (DAC-hours) for all radionuclides divided by 2,000; or (c) The sum of the calculated committed effective dose equivalents to all significantly irradiated organs or tissues (T) where the organ dose is expressed as a fraction of the annual limit. This sum shall be calculated from bioassay data using appropriate biological models.

(3) Intake by oral ingestion. The licensee shall account for oral ingestion of radionuclides and include it in demonstrating compliance with the limits when:

(a) The occupationally exposed individual intakes radionuclides by ingestion; and (b) The oral ingestion exceeds 10 percent of the applicable oral ALI.

(4) Intake through wounds or absorption through skin. The licensee shall evaluate and, to the extent practical, account for intakes through wounds or skin absorption.

(Note: The intake through intact skin has been included in the calculation of DAC for hydrogen-3 and does not need to be further evaluated.)

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.52 DETERMINATION OF EXTERNAL DOSE FROM AIRBORNE RADIOACTIVE

MATERIAL.

In determining the dose from airborne radioactive material, the licensee shall include the contribution to the deep-dose equivalent, lens-dose equivalent, and shallow-dose equivalent from external exposure to the radioactive cloud (see Schedule RHS 8-30 footnotes 1 and 2).

(Note: Airborne radioactivity measurements and DAC values should not be used as the primary means to assess the deep-dose equivalent when the airborne radioactive material includes radionuclides other than noble gases or if the cloud of airborne radioactive material is not relatively uniform. The determination of the deep-dose equivalent to an individual should be based upon measurements using instruments or individual monitoring devices.)

An organ or tissue is considered significantly irradiated if the product of the weighting factors, W T , and the committed dose equivalent, H T50 , per unit intake for that organ or tissue is greater than 10 percent of the maximum weighted value of H T50 (i.e., W T H T50 ) per unit intake for any organ or tissue.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.53 DETERMINATION OF INTERNAL EXPOSURE

(1) To assess the dose used to determine compliance with occupational dose equivalent limits, and when required by Rule 0400-20-05-.71, the licensee shall take suitable and timely measurements of:

(a) Concentrations of radioactive materials in air in work areas; or (b) Quantities of radionuclides in the body; or (c) Quantities of radionuclides excreted from the body; or (d) Combinations of these measurements.

(2) The licensee shall assume that the concentration of airborne radioactive material inhaled by an individual is equal to the concentration in the individual’s ambient air unless:

(a) Respiratory protective equipment is used, as provided in Rule 0400-20-05-.92; or (b) The assessment of intake is based on bioassays.

(3) When specific information is known about the physical and biochemical properties of the radionuclides taken into the body or the behavior of the material in an individual, the licensee may:

(a) Use that information to calculate the committed effective dose equivalent, and if used, the licensee shall document that information in the individual’s record; and (b) Upon prior approval of the Division adjust the DAC or ALI values to reflect the actual physical and chemical characteristics of airborne radioactive material (e.g., aerosol size distribution or density); and (c) Separately assess the contribution of fractional intakes of Class D, W or Y compounds of a given radionuclide (see Schedule RHS 8-30) to the committed effective dose equivalent.

(4) If the licensee uses the measurements in subparagraph (1)(b) or (c) of this rule to assess intakes of Class Y material, the licensee may delay recording and reporting the assessments for up to 7 months. This delay is allowed only if:

(a) It is necessary to make additional measurements basic to the assessments;

(b) Recording and reporting are not otherwise required by Rule 0400-20-05-.141 or 0400- 20-05-.143.

(5) If the identity and concentration of each radionuclide in a mixture are known, the fraction of the DAC applicable to the mixture for use in calculating DAC-hours must be either:

(a) The sum of the ratios of the concentration to the appropriate DAC value (e.g., D, W, Y) from Schedule RHS 8-30 for each radionuclide in the mixture; or (b) The ratio of the total concentration for all radionuclides in the mixture to the most restrictive DAC value for any radionuclide in the mixture.

(6) If the identity of each radionuclide in the mixture is known, but the concentration of one or more of the radionuclides in the mixture is not known, the DAC for the mixture must be the most restrictive DAC of any radionuclide in the mixture.

(7) When a mixture of radionuclides in air exists, licensees may disregard certain radionuclides in the mixture if:

(a) The licensee uses the total activity of the mixture in demonstrating compliance with the dose limits in Rule 0400-20-05-.50 and in complying with the monitoring requirements in subparagraph (1)(b) of Rule 0400-20-05-.71;

(b) The concentration of any radionuclide disregarded is less than 10 percent of its DAC; and (c) The sum of the percentages for all disregarded radionuclides does not exceed 30 percent.

(8) To calculate the committed effective dose equivalent, the licensee may assume that the inhalation of one ALI, or an exposure of 2,000 DAC-hours, results in a committed effective dose equivalent of 5 rems (0.05 Sv). This assumption may only be made for radionuclides that have their ALIs or DACs based on the committed effective dose equivalent.

(9) When the ALI (and the associated DAC) is determined by the nonstochastic organ dose limit of 50 rems (0.5 Sv), the intake of radionuclides that would result in a committed effective dose equivalent of 5 rems (0.05 Sv) (the stochastic ALI) is listed in parentheses in Table 1 of Schedule RHS 8-30. In this case, the licensee may, as a simplifying assumption, use the stochastic ALIs to determine committed effective dose equivalent. However, if the licensee uses the stochastic ALIs, the licensee must also demonstrate that the limit in subparagraph (1)(a) of Rule 0400-20-05-.50 is met.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.54 PLANNED SPECIAL EXPOSURES

(1) A licensee or registrant may authorize an adult worker to receive doses in addition to the doses received under the limits specified in Rule 0400-20-05-.50. Additional doses are allowed only if the following conditions are satisfied:

(a) The additional doses are accounted for separately from the doses received under the limits in Rule 0400-20-05-.50.

(b) The licensee or registrant authorizes a planned special exposure only in an exceptional situation when alternatives that might avoid the dose estimated to result from the planned special exposure are unavailable or impractical.

(c) The licensee or registrant (and employer if different from the licensee or registrant) gives specific written authorization before the planned special exposure occurs.

(d) Before a planned special exposure, the licensee or registrant ensures that the individuals involved are:

Informed of the purpose of the planned operation;
Informed of the estimated doses and associated potential risks and specific radiation levels or other conditions that might be involved in performing the task; and 3. Instructed in the measures to be taken to keep the dose ALARA considering other risks that may be present.

(e) Prior to permitting an individual to participate in a planned special exposure, the licensee or registrant ascertains prior doses during the lifetime of the individual for each individual involved, as required by paragraph (2) of Rule 0400-20-05-.133.

(f) Subject to paragraph (2) of Rule 0400-20-05-.50 the licensee or registrant does not authorize a planned special exposure that would cause an individual to receive a dose from all planned special exposures and all doses in excess of the limits to exceed:

The numerical values of any of the dose limits in paragraph (1) of Rule 0400-20- 05-.50 in any year; and 2. Five times the annual dose limits in paragraph (1) of Rule 0400-20-05-.50 during the individual’s lifetime.

(g) The licensee or registrant maintains records of the conduct of a planned special exposure in accordance with Rule 0400-20-05-.134 and submits a written report in accordance with Rule 0400-20-05-.144.

(h) The licensee or registrant records in the individual’s record the best estimate of the dose resulting from the planned special exposure. The dose from planned special exposures is not to be considered in controlling future occupational dose of the individual under paragraph (1) of Rule 0400-20-05-.50 but is to be included in evaluations required by subparagraphs (1)(e) and (f) of this rule.

(i) The licensee or registrant gives the individual written notice of the estimated dose within 30 days after the date of the planned special exposure.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.55 OCCUPATIONAL DOSE LIMITS FOR MINORS

The annual occupational dose limits for minors are 10 percent of the annual dose limits specified for adult workers in Rule 0400-20-05-.50.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.56 DOSE TO AN EMBRYO/FETUS

(1) The licensee or registrant shall ensure that the dose equivalent to an embryo/fetus during the entire pregnancy, due to occupational exposure of a declared pregnant woman, does not exceed 0.5 rem (5 mSv). (For recordkeeping requirements see Rule 0400-20-05-.135).

(2) Using ALARA the licensee or registrant shall make efforts to avoid substantial variation above a uniform monthly exposure rate to a declared pregnant woman.

(3) The dose equivalent to an embryo/fetus shall be taken as the sum of:

(a) The deep-dose equivalent to the declared pregnant woman; and (b) The dose equivalent to the embryo/fetus from radionuclides in the embryo/fetus and radionuclides in the declared pregnant woman.

(4) If when a woman declares her pregnancy to the licensee or registrant the dose equivalent to the embryo/fetus is found to be 0.45 rem (4.5 mSv) or greater, the embryo/fetus is permitted an additional dose equivalent not exceeding 0.05 rem (0.5 mSv) during the remainder of the pregnancy.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.57 THROUGH 0400-20-05-.58 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.59 ORDER REQUIRING FURNISHING OF BIOASSAY SERVICES

Where necessary to ascertain the extent of an individual’s exposure to concentrations of radioactive material, the Division may require a licensee to make available to the individual bioassay services and to furnish a copy of the reports of such services to the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.60 of these standards.

(c) Each irradiation area shall be constructed so that persons within the area shall at all times be able to leave. Access control devices required by parts (h)2 through 4 of this paragraph shall not prevent an individual from leaving the area.

(d) Devices and administrative procedures shall control each area to ensure that the area is clear of individuals prior to irradiation.

(e) After any use of the radiation source and prior to the first individual’s entry into the area, the area shall be surveyed to ensure that the radiation level in the area from the radiation source is below that at which an individual could receive a deep-dose equivalent in excess of 0.1 rem (1 mSv) in 1 hour.

(f) Control Panel:

Only the operator at the control panel shall be able to activate an irradiator to create a radiation field in any area.
The irradiator control panel shall be provided with a locking device to prevent unauthorized use. The locking device shall, when locked, make the irradiator incapable of creating a radiation field.
The control panel and each entrance to an irradiation area shall have a device that gives a continuous indication of the radiation levels present in the area(s).
All meters and controls on the irradiator control panel shall be identified and discernible.
The operator shall have at the control panel a copy of operating and emergency procedures specific for that facility.

(g) Warning Devices:

Each area shall have devices that automatically generate conspicuously visible and audible alarm signals for at least five (5) seconds before irradiation begins.

Following activation of these warning devices, there shall be a delay of not less than thirty (30) seconds before the irradiation may begin. The alarm signals shall be discernible in all irradiation areas. The alarm signals shall be sufficient to alert This rule applies to radiation from radiation sources that are used in non-self-shielded configuration. This rule does not apply to sources of radiation that are used in teletherapy, in radiography, or in completely self-shielded irradiators in which the source is both stored and operated within the same shielding radiation barrier and, in the designed configuration of the equipment, is always physically inaccessible to any individual and cannot create high levels of radiation in an area that is accessible to any individual. personnel in the area and to allow any individual in the area to reach and to operate the clearly identified emergency shut-off switches required in part (h)1 of this paragraph.

Each area shall have visible flashing or rotating warning lights that operate when, and only when, radiation is being produced. Each entrance shall have a visible warning device that need not be flashing or rotating, but which operates when, and only when, radiation is being produced.

(h) Control Devices:

Each area shall contain accessible emergency shut-off switches. Operation of an emergency shut-off switch shall prevent irradiation from occurring. These switches and their mode of operation shall be identified by a conspicuously posted sign adjacent to each switch. Shut-off switches shall include a manual reset at each switch that must be reset at the switch before the irradiator may be reactivated by the operator at the control panel.
Each entrance or access point shall be equipped with interlocks. When any interlock is interrupted, broken, or tripped and before any opening into the area occurs, either:

(i) The irradiator shall shut off automatically; or (ii) The radiation level within the area from the radiation source shall be reduced below that at which an individual could receive a deep-dose equivalent in excess of 0.1 rem (1 mSv) in 1 hour.

After shut-off or reduction in output, restoring the irradiator to full operation shall be possible only from the control panel.

Additional control devices shall be provided so that, upon failure of the interlocks to function as required by part 2 of this subparagraph:

(i) The radiation level within the area from the radiation source shall be reduced below that at which an individual could receive a deep-dose equivalent in excess of 0.1 rem (1 mSv) in 1 hour; and (ii) Conspicuously visible and audible alarm signals shall be generated that make the following persons aware of the hazard and of the failure of the interlocks:

(I) Any individual attempting to enter the area; and (II) The individual required to be present in subparagraph (a) of this paragraph.

Interlocks shall not be used to shut off the irradiator except in an emergency or during testing.
Interlocks shall be bypassed only to test, adjust, maintain, and/or rearrange equipment. A conspicuous indication of the bypassed condition shall be made at the control panel. This subparagraph does not authorize the operation of an irradiator with warning devices, interlocks, emergency shut-off switches or other control devices that are incapable of proper operation.
Activities in which interlocks are bypassed as permitted under part 5 of this subparagraph shall be:

(i) Authorized only by the radiation safety officer;

(ii) Performed only for a specified time;

(iii) Recorded, showing:

(I) Date, (II) Length of time bypassed, (III) Reason for bypassing, and (IV) Signature of the individual installing and removing the bypass.

These records shall be maintained for inspection by the Division; and (iv) Performed at low power and current, if possible.

No individual shall be permitted to enter an area, the access of which is controlled by interlocks, while such interlocks are bypassed as permitted in part 5 of this subparagraph, unless such individual is utilizing personnel monitoring equipment that shall give an audible indication when a dose rate of 0.015 rem (0.15 mSv) per hour is exceeded. The personnel monitoring equipment referred to in this part is in addition to that required elsewhere in these standards.

Calibration requirements in paragraph (2) of Rule 0400-20-05-.70 shall also apply to such personnel monitoring equipment.

The licensee or registrant shall provide control devices so that, upon failure or removal of physical radiation barriers other than a sealed source’s shielded storage container:

(I) Any individual attempting to enter the area; and (II) The individual required to be present in subparagraph (a) of this paragraph.

When the shield for the stored sealed source(s) is a liquid, the licensee shall provide means to monitor the integrity of the shield and to signal, automatically, loss of adequate shielding.
Physical radiation barriers that comprise permanent structural components, such as walls, which have no credible probability of failure or removal in ordinary circumstances need not meet the requirements of part 8 of this subparagraph.

(i) There shall be available at each facility portable radiation monitoring equipment that is operable and has been calibrated for the radiations being produced by the facility. Such equipment shall be tested for operation and calibrated at intervals not to exceed 3 months and after each instrument servicing or repair. A note shall be attached to each instrument showing the latest calibration date. Records of calibration shall be maintained for inspection by the Division.

(j) The interlock and emergency shut-off systems required in subparagraph (h) of this paragraph shall be separate electrical circuits and/or mechanical systems.

(k) Electrical circuit diagrams of the irradiator and the associated interlock and emergency shut-off systems shall be kept current and on file at each irradiator facility.

(l) The access control and warning devices required in subparagraphs (g) and (h) of this paragraph shall have been tested for proper functioning (see Rule 0400-20-05-.138 for recordkeeping requirements).

Unless irradiation was continued uninterrupted from the previous day, testing shall be conducted prior to daily initiation of irradiation;
After any unintended interruption, testing shall be conducted prior to resumption of irradiation; and 3. The licensee or registrant shall submit and adhere to a schedule for periodic tests of the access control and warning systems.

(m) The licensee or registrant shall not conduct operations, other than those necessary to place the radiation source in safe condition or to effect repairs on controls, unless control and warning devices are functioning properly.

(n) Portals used in transporting only materials to and from the irradiation area shall be controlled by devices and administrative procedures that warn and physically protect individuals from inadvertent entry. Exit portals shall be equipped to:

Detect and signal the presence of any loose radiation sources being carried toward such an exit; and 2. Automatically prevent loose radiation sources from being carried out of the area.

(o) Licensees, registrants or applicants may apply to the Division for approval of alternative safety measures for irradiators, provided:

The irradiator is within the purview of this rule;
The irradiator will be used in a variety of positions or locations (such as open fields or forests) that make it impractical to comply with certain requirements of subparagraph (h) of this paragraph (such as automatic control of radiation levels);
Any alternative safety measures shall provide a degree of personnel protection at least equivalent to those specified in this rule;
At least one of the alternative measures shall include an access-preventing interlock control based on a measurement of the radiation. This interlock control shall ensure that no individual can gain access to the area in which an individual could receive a deep-dose equivalent in excess of 0.1 rem (1 mSv) in 1 hour at 30 centimeters from the radiation source or any surface that the radiation penetrates.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.61 COMPLIANCE WITH DOSE LIMITS FOR INDIVIDUAL MEMBERS OF THE PUBLIC

(1) The licensee or registrant shall demonstrate compliance with the dose limits in Rule 0400-20- 05-.60 by making or causing to be made surveys of:

(a) Radiation levels in unrestricted and restricted areas; and (b) Radiation levels and radioactive materials in effluents released to unrestricted areas.

(2) A licensee or registrant shall show compliance with the annual dose limit in Rule 0400-20-05- .60 by:

(a) Demonstrating by measurement or calculation that the individual likely to receive the highest dose from the licensee’s or registrant’s operation does not receive a total effective dose equivalent exceeding the annual dose limit; or (b) Demonstrating that:

The annual average concentrations of radioactive material released in gaseous and liquid effluents at the boundary of the unrestricted area do not exceed the values specified in Table 2 of Schedule RHS 8-30; and 2. If an individual were continually present in an unrestricted area, the dose from external sources would not exceed 0.002 rem (0.02 mSv) in an hour and 0.05 rem (0.5 mSv) in a year.

(3) Upon approval from the Division, the licensee may adjust the effluent concentration values in Schedule RHS 8-30, Table 2, for members of the public, to take into account the actual physical and chemical characteristics of the effluents (e.g., aerosol size distribution, solubility, density, radioactive decay equilibrium, chemical form).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.62 THROUGH 0400-20-05-.69 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.70 GENERAL SURVEY AND MONITORING REQUIREMENTS

(1) Each licensee and registrant shall make or cause to be made, surveys of areas, including the subsurface that:

(a) May be necessary for the licensee or registrant to comply with the standards in this

chapter; and (b) Are reasonable under the circumstances to evaluate:

The magnitude and extent of radiation levels;
Concentrations or quantities of residual radioactivity; and 3. The potential radiological hazards of the radiation levels and residual radioactivity detected.

(2) Notwithstanding the requirements in Rule 0400-20-05-.132, records from surveys describing the location and amount of subsurface residual radioactivity identified at the sire must be kept with records important for decommissioning, and such records must be retained in accordance with Rule 0400-20-10-.26 as applicable.

(3) The licensee or registrant shall ensure that instruments and equipment used for quantitative radiation measurements (e.g., dose rate and effluent monitoring) are calibrated periodically for the radiation measured.

(4) Except for direct and indirect reading pocket ionization chambers and those dosimeters used to measure the dose to the extremities, all personnel dosimeters that require processing for determining the dose and are used to comply with these standards or with conditions specified in a license or registration shall be processed and evaluated by a dosimetry processor:

(a) Holding current personnel dosimetry accreditation from the National Voluntary Laboratory Accreditation Program (NVLAP) of the National Institute of Standards and Technology; and (b) Approved for processing and evaluating dosimeters exposed to the type of radiation(s) included in the NVLAP program that most closely approximates the type of radiation(s) being monitored by the dosimeter.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-05-.71 of the dose received in that monitoring year if:

(a) The individual’s occupational dose exceeds 1 mSv (100 mrem) TEDE or 1 mSv (100 mrem) to any individual organ or tissue; or (b) The individual requests his or her annual dose report.

(3) Each licensee or registrant, at the request of a worker formerly engaged in licensed or registered activities controlled by the licensee or registrant, shall furnish to the worker a report of the individual’s exposure to sources of radiation:

(a) 1. As shown in records maintained by the licensee or registrant pursuant to Rule

Tenn. Comp. R. & Regs. 0400-20-05-.72 THROUGH 0400-20-05-.79 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.80 CONTROL OF ACCESS TO HIGH RADIATION AREA REQUIREMENTS

(1) The licensee or registrant shall ensure that each access to a high radiation area has one or more of the following control features:

(a) A device that, upon an attempt at entry and before any opening into the area occurs, reduces the level of radiation. Before an opening occurs the level of radiation shall be below that at which an individual could receive a deep-dose equivalent of 0.1 rem (1 All of the occupational doses in Rule 0400-20-05-.50 continue to be applicable to the declared pregnant woman as long as the embryo/fetus dose equivalent limit is not exceeded.

mSv) in 1 hour at 30 centimeters from the source of radiation or any surface that the radiation penetrates;

(b) A device that emits a conspicuously visible or audible alarm so the individual entering the high radiation area and the supervisor of the activity are made aware of the entry; or (c) Locked entryways, except when access to the area is required, with positive control over each individual entry.

(2) In the case of a high radiation area established for a period of 30 days or less, the licensee or registrant may substitute continuous direct or electronic surveillance to prevent unauthorized entry for the controls required in paragraph (1) of this rule.

(3) A licensee or registrant may apply to the Division for approval of alternative methods for controlling access to high radiation areas.

(4) No control required by paragraphs (1) through (3) of this rule shall prevent individuals from leaving a high radiation area.

(5) Control is not required for each entrance or access point to a room or other area that is a high radiation area solely because of the presence of radioactive materials prepared for transport and packaged and labeled in accordance with the regulations of the U.S. Department of Transportation provided that:

(a) The packages do not remain in the area longer than 3 days; and (b) The dose rate at 1 meter from the external surface of any package does not exceed 0.01 rem (0.1 mSv) per hour.

(6) Control of areas in hospitals is not required solely because of the presence of patients containing radioactive material, provided:

(a) There are personnel in attendance who will take necessary precautions to prevent exposure of individuals to radiation or radioactive material in excess of the limits in these standards; and (b) The licensee operates within the ALARA provisions of its radiation protection program.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017.

Tenn. Comp. R. & Regs. 0400-20-05-.81 CONTROL OF ACCESS TO VERY HIGH RADIATION AREAS

In addition to the requirements in Rule 0400-20-05-.80, the licensee or registrant shall institute additional measures to ensure that an individual is not able to gain unauthorized or inadvertent access to areas in which radiation levels could be encountered at 500 rads (5 grays) or more in 1 hour at 1 meter from a source of radiation or any surface through which the radiation penetrates.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.82 CONTROL OF ACCESS TO VERY HIGH RADIATION AREAS - IRRADIATORS

(1) Each area in which there may exist radiation levels in excess of 500 rads (5 grays) in 1 hour at 1 meter from a radiation source that is used to irradiate materials shall meet the following requirements:

(a) At least one authorized person who is familiar with the activity of the facility and is prepared to render or summon assistance shall be physically present when radiation is produced.

(b) Each installation shall have primary barriers and/or secondary barriers sufficient to assure compliance with Rules 0400-20-05-.50, 0400-20-05-.55, 0400-20-05-.56 and

Tenn. Comp. R. & Regs. 0400-20-05-.83 THROUGH 0400-20-05-.89 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.90 USE OF PROCESS OR OTHER ENGINEERING CONTROLS

The licensee shall use, to the extent practicable, process or other engineering controls (e.g., containment, decontamination or ventilation) to control the concentrations of radioactive material in air.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.91 . To make such an allowance the following conditions, in addition to those in paragraph (1) of this rule shall be satisfied:

(a) The licensee selects respiratory protection equipment that provides a protection factor (see Schedule RHS 8–32) greater than the multiple by which peak concentrations of airborne radioactive materials in the working area are expected to exceed the values specified in Schedule RHS 8–30, Table 1, Column 3. If the selection of a respiratory protection device with a protection factor greater than the peak concentrations is inconsistent with the goal specified in Rule 0400-20-05-.91 of keeping the total effective dose equivalent ALARA, the licensee may select respiratory protection equipment with a lower protection factor only if such a selection would result in keeping the total effective dose equivalent ALARA. The concentration of radioactive material inhaled when respirators are used may be initially estimated by dividing the average concentration in air, during each period of uninterrupted respirator use, by the protection factor. If the exposure is later found to exceed the estimate, the corrected value shall be used; if the exposure is later found to be less than the estimate, the corrected value may be used.

(b) The licensee shall obtain authorization from the Division before assigning respiratory protection factors in excess of those specified in Schedule RHS 8–32. The Division may authorize a licensee to use higher protection factors on receipt of an application that:

Describes the situation for which a need exists for higher protection factors; and 2. Demonstrates that the respiratory protection equipment provides these higher protection factors under the proposed conditions of use.

(c) The licensee shall use as emergency devices only respiratory protection equipment that has been specifically certified or had certification extended for emergency use by NIOSH/MSHA.

(d) The licensee shall notify, in writing, the Division at least 30 days before the date that respiratory protection equipment is first used under the provisions of either paragraph (1) or (2) of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.92 USE OF INDIVIDUAL RESPIRATORY PROTECTION EQUIPMENT

(1) If the licensee assigns or permits the use of respiratory protection equipment to limit intakes pursuant to Rule 0400-20-05-.91:

(a) The licensee shall use only respiratory protection equipment that is tested and certified or had certification extended by the National Institute for Occupational Safety and Health/Mine Safety and Health Administration (NIOSH/MSHA), except as otherwise noted in this chapter.

(b) A licensee desiring to use equipment that has not been tested or certified by NIOSH, or for which there is no schedule for testing or certification, shall apply for authorization except as provided in this chapter. The application shall demonstrate by licensee testing or on the basis of reliable test information, that the equipment’s material and performance characteristics provide protection equivalent to that of the equipment in subparagraph (a) of this paragraph under anticipated conditions of use.

Air sampling sufficient to identify the potential hazard, permit proper equipment selection and estimate doses;
Surveys and bioassays, as appropriate, to evaluate actual intakes;
Testing of respirators for operability (user seal check for face sealing devices and functional check for other) immediately before each use;
Written procedures regarding:

(i) The routine, non–routine and emergency use of respirators, (ii) Respirator selection, (iii) Fit testing, (iv) Limitations on periods of respirator use and relief from respirator use, (v) Storage, issuance, maintenance, repair, testing and quality assurance of respiratory protection equipment, including testing for operability immediately before each use;

(vi) Supervision and training of respirator users;

(vii) Monitoring, including air sampling and bioassays;

(viii) Breathing air quality;

(ix) Inventory and control;

(x) Record keeping; and (xi) The use of process or other engineering controls, instead of respirators;

Determination by a physician that the individual user is medically fit to use the respiratory protection equipment before:

(i) The initial fitting of a face-sealing respirator;

(ii) The first field use of non–face–sealing respirators; and (iii) Either every 12 months thereafter or periodically at a frequency determined by a physician;

Fit testing, with fit factor ≥ 10 times the APF for negative pressure devices, and a fit factor ≥ 500 for any positive pressure, continuous flow, and pressure-demand devices, before the first field use of tight fitting, face-sealing respirators and periodically thereafter at a frequency not to exceed 1 year. Fit testing must be performed with the facepiece operating in the negative pressure mode.

(d) The licensee shall advise each respirator user that the user may leave the area at any time for relief from respirator use in the event of equipment malfunction, physical or psychological distress, procedural or communication failure, significant deterioration of operating conditions or any other conditions that might require such relief.

(e) The licensee’s use of the equipment shall not exceed the equipment’s specifications.

The licensee shall provide proper visual, communication and other special capabilities (such as adequate skin protection) when needed.

(f) The licensee shall also consider limitations appropriate to the type and mode of use.

When selecting respiratory devices the licensee shall provide for vision correction, adequate communication, low temperature work environments and the concurrent use of other safety or radiological protection equipment. The licensee shall use equipment in such a way as not to interfere with the proper operation of the respirator.

(g) Standby rescue persons are required whenever one-piece atmosphere-supplying suits, or any combination of supplied air respiratory protection device and personnel protective equipment are used from which an unaided individual would have difficulty extricating himself or herself. The standby persons shall be equipped with respiratory protection devices or other apparatus appropriate for the potential hazards. The standby rescue persons shall observe or otherwise maintain continuous communication with the workers (visual, voice, signal line, telephone, radio, or other suitable means), and be immediately available to assist them in case of a failure of the air supply or for any other reason that requires relief from distress. A sufficient number of standby rescue persons shall be immediately available to assist all users of this type of equipment and to provide effective emergency rescue if needed.

(h) Atmosphere-supplying respirators shall be supplied with respirable air of grade D quality or better as defined by the Compressed Gas Association in publication G-7.1, “Commodity Specification for Air,” 1997 and included in the regulations of the Occupational Safety and Health Administration (29 CFR 1910.134(i)(1)(ii)(A) through (E). Grade D quality air criteria include:

Oxygen content (v/v) of 19.5-23.5%;
Hydrocarbon (condensed) content of 5 milligrams per cubic meter of air or less;
Carbon monoxide (CO) content of 10 ppm or less;
Carbon dioxide content of 1,000 ppm or less; and 5. Lack of noticeable odor.

(i) The licensee shall ensure that no objects, materials or substances, such as facial hair, or any conditions that interfere with the face -- facepiece seal or valve function, and that are under the control of the respirator wearer, are present between the skin of the wearer’s face and the sealing surface of a tight-fitting respirator facepiece.

(j) In estimating the dose to individuals from intake of airborne radioactive materials, the concentration of radioactive material in the air that is inhaled when respirators are worn is initially assumed to be the ambient concentration in air without respiratory protection, divided by the assigned protection factor. If the dose is later found to be greater than the estimated dose, the corrected value shall be used. If the dose is later found to be less than the estimated dose, the corrected value may be used.

(2) In estimating an individual’s exposure to airborne radioactive materials, the licensee may make allowance for respiratory protection equipment used to limit intakes pursuant to Rule

Tenn. Comp. R. & Regs. 0400-20-05-.93 FURTHER RESTRICTIONS ON THE USE OF RESPIRATORY PROTECTION

EQUIPMENT.

(1) The Division may impose restrictions in addition to those in Rules 0400-20-05-.91 and 0400- 20-05-.92 and in Schedule RHS 8-32 to:

(a) Ensure that the respiratory protection program of the licensee is adequate to limit doses of individuals from intakes of airborne radioactive materials consistent with maintaining total effective dose equivalent ALARA; and (b) Limit the extent to which a licensee may use respiratory protection equipment instead of process or other engineering controls.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.147 THROUGH 0400-20-05-.149 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.150 APPLICATIONS FOR EXEMPTIONS

The Division may, upon application by a licensee or registrant or upon its own initiative, grant a specific written exemption from these standards if the Division determines the exemption is authorized by law and would not result in undue hazard to life or property.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.151 ADDITIONAL REQUIREMENTS

The Division may, by rule, regulation, or order, impose requirements on a licensee or registrant, in addition to those established in these regulations, as it deems appropriate or necessary to protect health or to minimize danger to life or property.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.152 VACATING PREMISES

Each specific licensee shall, no less than 30 days before vacating or relinquishing possession or control of premises, notify the Division in writing of intent to vacate. If the premises have been contaminated with radioactive material as a result of his activities, the Department may require that the licensee decontaminate or have decontaminated the location to a level for use as an unrestricted area, the details to be specified in each case by the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.153 THROUGH 0400-20-05-.159 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.94 APPLICATION FOR USE OF HIGHER ASSIGNED PROTECTION FACTORS

(1) The licensee shall obtain authorization from the Division before using assigned respiratory protection factors in excess of those specified in Schedule RHS 8–32. The Division may authorize a licensee to use higher protection factors on receipt of an application that:

(a) Describes the situation for which a need exists for higher protection factors; and (b) Demonstrates that the respiratory protection equipment provides these higher protection factors under the proposed conditions of use.

(2) Reserved.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.95 THROUGH 0400-20-05-.99 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.100 SECURITY OF STORED MATERIAL

The licensee or registrant shall secure stored radiation sources against unauthorized access or removal.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.101 CONTROL OF MATERIAL NOT IN STORAGE

The licensee shall control and maintain constant surveillance of radioactive material that is not in storage.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.102 THROUGH 0400-20-05-.109 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.110 CAUTION SIGNS

(1) Unless otherwise authorized by the Division, the standard radiation symbol prescribed by this

Chapter shall use the colors magenta, or purple, or black on yellow background. The symbol prescribed by this chapter is the three-bladed design:

RADIATION SYMBOL

(a) Cross-hatched area is to be magenta, or purple, or black; and (b) The background is to be yellow.

(2) The color requirements of paragraph (1) of this rule do not apply to licensees and registrants who use conspicuously etched or stamped radiation symbols to label sources, source holders or device components containing sources of radiation that are subjected to high temperatures.

(3) On or near the required signs and labels, the licensee or registrant may provide additional information to make individuals aware of potential radiation exposures and to minimize the exposures.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.111 POSTING REQUIREMENTS

(1) The licensee or registrant shall post each radiation area with a conspicuous sign or signs bearing the radiation symbol and the words “CAUTION, RADIATION AREA.”

(2) The licensee or registrant shall post each high radiation area with a conspicuous sign or signs bearing the radiation symbol and the words “CAUTION, HIGH RADIATION AREA” or “DANGER, HIGH RADIATION AREA.”

(3) The licensee or registrant shall post each very high radiation area with a conspicuous sign or signs bearing the radiation symbol and words “GRAVE DANGER, VERY HIGH RADIATION AREA.”

(4) The licensee shall post each airborne radioactivity area with a conspicuous sign or signs bearing the radiation symbol and the words “CAUTION, AIRBORNE RADIOACTIVITY AREA” or “DANGER, AIRBORNE RADIOACTIVITY AREA.”

(5) Each area where radioactive material is used or stored in amounts exceeding 10 times that specified in Schedule RHS 8-31 shall be posted by the licensee with conspicuous sign(s) bearing the radiation symbol and the words “CAUTION, RADIOACTIVE MATERIAL(S)” or “DANGER, RADIOACTIVE MATERIAL(S).”

(6) A licensee is not required to post caution signs in areas or rooms containing radioactive materials for periods of less than 8 hours, if each of the following conditions is met:

(a) The materials are constantly attended during these periods by an individual who takes the precautions necessary to prevent the exposure of individuals to radiation or radioactive materials in excess of the limits established in this chapter; and (b) The area or room is subject to the licensee’s control.

(7) Rooms or other areas in hospitals that are occupied by patients are not required to be posted with caution signs pursuant to this rule provided that:

(a) The patient is being treated with sealed sources or has been treated with unsealed radioactive material in quantities less than 30 millicuries (110 MBq) or the measured dose rate at 1 meter from the patient is less than 0.005 rem (0.05 mSv) per hour; and (b) There are personnel in attendance who will take the necessary precautions to:

Prevent the exposure of individuals to radiation and radioactive material in excess of these Basic Standards; and 2. Operate within the ALARA provisions of the licensee’s radiation protection program.

(8) A room or area is not required to be posted with a caution sign because of the presence of a sealed source provided the radiation level at 30 centimeters from the surface of the source container or housing does not exceed 0.005 rem (0.05 mSv) per hour.

(9) A room containing medical or dental diagnostic x-ray equipment, restricted to use within the room, need not be posted as noted in paragraphs (1) and (2) of this rule provided:

(a) The registrant exercises control to ensure the patient will be the only person exposed to radiation levels exceeding the limits in these standards; and (b) Each room entrance is identified as an “X-ray Room”.

(10) Provided a room or area is not otherwise required to be posted under paragraphs (1) or (2) of this rule, a room or area will not have to be so posted because mobile or portable medical or dental diagnostic x-ray equipment is intermittently used between rooms and/or areas.

(11) All radiation machines shall be clearly labeled at the control panel near the switch that energizes the apparatus, and at any remote switch that energize the apparatus, with the words “CAUTION - RADIATION - THIS EQUIPMENT PRODUCES RADIATION WHEN ENERGIZED” or “DANGER - RADIATION - THIS EQUIPMENT PRODUCES RADIATION WHEN ENERGIZED”

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.112 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.113 LABELING CONTAINERS

(1) The licensee shall ensure that each container of radioactive material bears a durable, clearly visible label bearing the radiation symbol and the words “CAUTION, RADIOACTIVE MATERIAL” or “DANGER, RADIOACTIVE MATERIAL.” The label shall also provide sufficient information to permit individuals handling, using or in the vicinity of the containers to take precautions to avoid or minimize exposures. Such information may need to include, without limitation, the radionuclide(s) present, an estimate of the quantity of radioactivity, the date for which the activity is estimated, radiation levels, the kinds of material and the mass enrichment.

(2) Prior to removal or disposal of empty uncontaminated containers to unrestricted areas, the licensee shall:

(a) Remove or deface the radioactive material label; or (b) Otherwise clearly indicate that the container no longer contains radioactive materials.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.114 EXEMPTIONS TO LABELING REQUIREMENTS

(1) A licensee is not required to label:

(a) Containers holding radioactive material in quantities less than the quantities listed in Schedule RHS 8-31;

(b) Containers holding radioactive material in concentrations less than those specified in Table 2 of Schedule RHS 8-30;

(c) Containers attended by an individual who takes the precautions necessary to prevent the exposure of individuals in excess of the limits established by this chapter;

(d) Containers when they are in transport and packaged and labeled in accordance with the regulations of the U.S. Department of Transportation ;

(e) Containers that are accessible only to individuals authorized to handle, use or be in the vicinity of the containers, if the contents are identified to these individuals by a readily available written record. Examples of containers of this type are containers in locations such as water-filled canals, storage vaults or hot cells. The record shall be retained as long as the containers are in use for the purpose indicated on the record; or (f) Installed manufacturing or process equipment, such as reactor components, piping, and tanks.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Labeling of packages containing radioactive materials is required by the U.S. Department of Transportation (DOT) if the amount and type of radioactive material exceeds the limits for an excepted quantity or article as defined and limited by DOT regulations 49 C.F.R. 173.403 (m) and (w) and 173.421-424.

Tenn. Comp. R. & Regs. 0400-20-05-.115 PROCEDURES FOR RECEIVING AND OPENING PACKAGES

(1) Each licensee who expects to receive a package containing quantities of radioactive material in excess of a Type A quantity, as defined in Rule 0400-20-04-.04, shall arrange to receive:

(a) The package when the carrier offers it for delivery; or (b) Notification of the arrival of the package at the carrier’s terminal and to take possession of the package expeditiously.

(2) Each licensee shall:

(a) Monitor the external surfaces of a labeled package for radioactive contamination unless the package contains only radioactive material in the form of a gas or in special form as defined in Rule 0400-20-04-.04;

(b) Monitor the external surfaces of a labeled package for radiation levels unless the package contains quantities of radioactive material that are less than or equal to the Type A quantity, as defined in Rule 0400-20-04-.04 and Rule 0400-20-10-.37, Schedule RHS 10–6; and (c) Monitor all packages known to contain radioactive material for radioactive contamination and radiation levels if there is evidence of degradation of package integrity, such as packages that are crushed, wet or damaged.

(3) The licensee shall monitor as soon as practical after receipt of the package. A package received at the licensee’s facility during the licensee’s normal working hours or showing evidence of package degradation shall be monitored within 3 hours. A package not received during the licensee’s normal working hours and not showing evidence of package degradation shall be monitored no later than 3 hours after the beginning of the next working day.

(4) The licensee shall immediately notify the final delivery carrier and the Division by telephone, facsimile, or electronic mail, as set forth in Rule 0400-20-04-.07, when either removable radioactive surface contamination or external radiation levels exceed the following:

(a) Removable radioactive surface contamination limits:

The level of removable (non–fixed) radioactive contamination on the external surfaces of each package offered for transport shall be kept ALARA. The level of removable radioactive contamination may be determined by wiping an area of 300 square centimeters of the surface concerned with an absorbent material, using moderate pressure, and measuring the activity on the wiping material.

Sufficient measurements shall be taken in the most appropriate locations to yield a representative assessment of the removable contamination levels. Except as provided in part 2 of this subparagraph, the amount of radioactivity measured on any single wiping material, when averaged over the surface wiped, shall not exceed the limits set forth in Table RHS 5–3 at any time during transport. Other methods of assessment of equal or greater efficiency may be used. When other methods are used, the detection efficiency of the method used shall be taken into account and in no case shall the removable contamination on the external surfaces of the package exceed 10 times the limits set forth in Table RHS 5–3.

Labeled means labeled with a Radioactive White I, Yellow II or Yellow III label as specified in U.S. Department of Transportation (DOT) regulations in 49 CFR §§172.403 and 172.436–440, as published October 1, 1993.

Table RHS 5–3 REMOVABLE EXTERNAL RADIOACTIVE CONTAMINATION WIPE LIMITS Contaminant Maximum Permissible Limits Bq/cm μCi/cm dpm/cm Beta and gamma emitters and low toxicity alpha emitters; all radionuclides with half–lives less than 10 days; natural uranium; natural thorium; uranium–235; uranium–238; thorium–232; thorium– 228; and thorium–230 when contained in ores or physical concentrates 0.37 1 (E–5) 22 All other alpha emitting radionuclides 0.037 1 (E–6) 2.2 2. For packages transported as exclusive use shipments by rail or highway only, the removable contamination at any time during transport shall not exceed 10 times the levels prescribed in Table RHS 5–1. The levels at the beginning of transport shall not exceed the levels prescribed in Table RHS 5–1.

(b) External radiation limits:

The external radiation levels around the package and around the vehicle, if applicable, shall not exceed 200 millirems (2 millisieverts) per hour at any point on the external surface of the package at any time during transportation. The transport index shall not exceed 10.
A package that exceeds the radiation level limits specified in part 1 of this subparagraph shall be transported as exclusive use by rail, highway, or water, and the radiation levels external to the package shall not exceed the following during transportation:

(i) 200 millirems (2 millisieverts) per hour on the accessible external surface of the package, unless the following conditions are met, in which case the limit is 1,000 millirems (10 millisieverts) per hour:

(I) The shipment is made in a closed transport vehicle;

(II) The package is secured within the vehicle so that its position remains fixed during transportation; and (III) There are no loading or unloading operations between the beginning and end of the transportation;

(ii) 200 millirems (2 millisieverts) per hour at any point on the outer surface of the vehicle, including the top and underside of the vehicle, or in the case of a flat–bed style vehicle, at any point on the vertical planes projected from the outer edges of the vehicle, on the upper surface of the load, or enclosure, if used, and on the lower external surface of the vehicle; and (iii) 10 millirems (0.1 millisievert) per hour at any point 2 meters (6.6 feet) from the outer lateral surfaces of the vehicle (excluding the top and underside of the vehicle); or in the case of a flat–bed style vehicle, at any point 2 meters from the vertical planes projected from the outer edges of the vehicle (excluding the top and underside of the vehicle); and (iv) 2 millirems (0.02 millisievert) per hour in any normally–occupied space of the vehicle, except that this provision does not apply to private motor carriers if persons occupying these spaces wear radiation monitoring devices in accordance with Rule 0400-20-05-.71.

(5) Each licensee shall:

(a) Establish, maintain and retain written procedures for safely opening packages in which radioactive material is received; and (b) Ensure that the procedures are followed and that due consideration is given to special instructions for the type of package being opened.

(6) Licensees transferring special form sources to or from a work site in licensee owned or operated vehicles are exempt from the contamination monitoring requirements of paragraph (2) of this rule. Licensees are not exempt from the requirement in paragraph (2) of this rule for surveying radiation levels to ensure that the source is still properly secured in its shield.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-05-.116 THROUGH 0400-20-05-.119 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.120 GENERAL DISPOSAL REQUIREMENTS

(1) A licensee shall dispose of radioactive material only:

(a) By transfer to an authorized recipient as provided in other chapters of these regulations;

(b) By decay in storage;

(c) By release in effluents within the limits in Rule 0400-20-05-.60; or (d) As authorized under Rule 0400-20-05-.121, 0400-20-05-.122, 0400-20-05-.123, 0400- 20-05-.124 or 0400-20-05-.127.

(2) A person shall be specifically licensed to receive waste containing licensed material from other persons for:

(a) Treatment prior to disposal;

(b) Treatment or disposal by incineration;

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.121 METHOD FOR GRANTING APPROVAL OF ALTERNATIVE DISPOSAL

PROCEDURES.

(1) A licensee or applicant for a license may apply to the Division for approval of alternative procedures for disposal of radioactive material generated in the licensee’s activities. Each application shall include:

(a) A description of the waste that contains the radioactive material to be disposed, including the physical and chemical properties important to risk evaluation;

(b) The proposed manner and conditions of waste disposal;

(d) The nature and location of other potentially affected licensed and unlicensed facilities; and (e) Analyses and procedures to ensure that doses are maintained ALARA and within the dose limits in this chapter.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.122 DISPOSAL BY RELEASE INTO SANITARY SEWERAGE

(1) A licensee may release radioactive material into sanitary sewerage if each of the following conditions is satisfied:

(a) The material is readily soluble in water or is a readily dispersible biological material; and (b) The quantity of radioactive material the licensee releases into the sewer in any one month divided by the average monthly volume of water released into the sewer by the licensee does not exceed the concentration listed in Table III of Schedule RHS 8-30; and (c) If more than one radionuclide is released, the following conditions shall also be satisfied:

The license shall determine the fraction of the limit in Table III of Schedule RHS 8-30 represented by its releases into sanitary sewerage. This shall be done by dividing the actual monthly average concentration of each radionuclide released by the licensee into the sewer by the concentration of that radionuclide listed in Table III of Schedule RHS 8-30; and 2. The sum of the fractions for each radionuclide required by part 1 of this subparagraph does not exceed unity; and (d) The total quantity of licensed and other radioactive material that the licensee releases into the sanitary sewerage system in a year does not exceed:
5 curies (185 GBq) of hydrogen-3;
1 curie (37 GBq) of carbon-14; and 3. 1 curie (37 GBq) of all other radioactive materials combined.

(2) Excreta from individuals undergoing medical diagnosis or therapy with radioactive material are not subject to the limitations contained in paragraph (1) of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.123 TREATMENT OR DISPOSAL BY INCINERATION

A licensee may treat or dispose of radioactive material by incineration only in the amounts and forms specified in Rule 0400-20-05-.124 or as specifically approved by the Division pursuant to Rule 0400-20- 05-.121.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.124 DISPOSAL OF SPECIFIC WASTES

(1) A licensee may dispose of the following radioactive material as if it were not radioactive:

(a) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of medium used for liquid scintillation counting; and (b) 0.05 microcurie (1.85 kBq), or less, of hydrogen-3 or carbon-14 per gram of animal tissue, averaged over the weight of the entire animal.

(2) A licensee may not dispose of tissue under subparagraph (1)(b) of this rule in a manner that would permit its use either as food for humans or as animal feed.

(3) The licensee shall maintain records in accordance with Rule 0400-20-05-.137.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.125 TRANSFER FOR DISPOSAL AND MANIFESTS

(1) This rule and Schedule RHS 8-33 concern low level radioactive waste and are to:

(a) Control transfers of low-level radioactive waste by any waste generator, waste collector or waste processor licensee, as defined in Schedule RHS 8-33 of Rule 0400-20-05- .161, who ships low-level waste either directly, or indirectly through a waste collector or waste processor, to a licensed low-level waste land disposal facility as defined in

Chapter 0400-20-11.

(b) Establish a manifest tracking system; and (c) Supplement existing requirements concerning transfers and recordkeeping for those wastes.

(2) Any licensee shipping radioactive waste intended for ultimate disposal at a licensed land disposal facility shall document the information required on U.S. NRC Uniform Low-Level Radioactive Waste Manifest and transfer this recorded manifest information to the intended consignee as specified in Section I of Schedule RHS 8-33.

(3) Each shipment manifest shall include a certification by the waste generator as specified in

Section II of Schedule RHS 8-33.

(4) The waste generator, collector, processor, disposal facility operator, and each person involved in the transfer and disposal shall comply with the requirements specified in Section III of Schedule RHS 8-33.

(5) Any licensee shipping byproduct material as defined in subparagraphs (c) and (d) of the definition of Byproduct material set forth in Rule 0400-20-05-.32 intended for ultimate disposal at a land disposal facility licensed under Chapter 0400-20-11 shall document the information required on the NRC’s Uniform Low-Level Radioactive Waste Manifest and transfer this recorded manifest information to the intended consignee as specified in Schedule RHS 8-33.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.126 COMPLIANCE WITH ENVIRONMENTAL AND HEALTH PROTECTION

REGULATIONS.

Nothing in these standards relieves the licensee from complying with other federal, state, and local regulations governing toxic or hazardous properties of waste materials.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.127 DISPOSAL OF CERTAIN BYPRODUCT MATERIAL

(1) Licensed material as defined in subparagraphs (c) and (d) of the definition of Byproduct material set forth in Rule 0400-20-05-.32 may be disposed of in accordance with Chapter 0400-20-05, even though it is not defined as low-level radioactive waste. Therefore, any licensed byproduct material being disposed of at a facility, or transferred for ultimate disposal at a facility licensed under Chapter 0400-20-11, must meet the requirements of Rule 0400- 20-05-.125.

(2) A licensee may dispose of byproduct material, as defined in subparagraphs (c) and (d) of the definition of Byproduct material set forth in Rule 0400-20-05-.32, at a disposal facility authorized to dispose of such material in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act, as authorized under the Energy Policy Act of 2005.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.128 THROUGH 0400-20-05-.129 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.130 GENERAL RECORDS PROVISIONS

(1) Each licensee and registrant shall use the units: curie, rad, rem, including multiples and subdivisions, and shall clearly indicate the units of all quantities on records required by these standards.

(2) In the records required by this chapter, the licensee may record quantities in SI units in parentheses following each of the units specified in paragraph (1) of this rule. However, all quantities must be recorded as stated in paragraph (1) of this rule.

(3) Notwithstanding the requirements in paragraph (1) of this rule, when recording information on shipment manifests, as required in paragraph (2) of Rule 1200-02-05-.125, information shall be recorded in the International System of Units (SI) or in SI and units as specified in paragraph (1) of this rule.

(4) The licensee or registrant shall make a clear distinction among the quantities entered on the records required by this chapter (e.g., total effective dose equivalent, shallow-dose equivalent, lens dose equivalent, deep–dose equivalent, committed effective dose equivalent).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.131 RECORDS OF RADIATION PROTECTION PROGRAMS

(1) Each licensee and registrant shall maintain records of the radiation protection program, including:

(a) The provisions of the program; and (b) Audits and other reviews of program content and implementation.

(2) The licensee or registrant shall retain the records required by subparagraph (1)(a) of this rule until the Division terminates each pertinent license or registration requiring the record. The licensee or registrant shall retain the records required by subparagraph (1)(b) of this rule for 3 years after the record is made.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.132 RECORDS OF SURVEYS

(1) Each licensee and registrant shall maintain records showing the results of surveys and calibrations required by Rule 0400-20-05-.70 and paragraph (2) of Rule 0400-20-05-.115.

The licensee or registrant shall retain these records for 3 years after the record is made.

(2) The licensee or registrant shall retain each of the following records until the Division terminates each pertinent license or registration requiring the record:

(a) Survey results used to determine the dose from external sources and to assess individual dose equivalents with or without individual monitoring data;

(b) Results of measurements and calculations used to:

Determine individual intakes of radioactive material;
Assess internal intakes of radioactive material; and 3. Assess internal dose;

(c) Results of air sampling, surveys and bioassays required pursuant to parts (1)(c)1 and 2 of Rule 0400-20-05-.92; and (d) Results of measurements and calculations used to evaluate the release of radioactive effluents to the environment.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.133 DETERMINATION OF PRIOR OCCUPATIONAL DOSE

(1) For each individual who is likely to receive, in a year, an occupational dose requiring monitoring pursuant to Rule 0400-20-05-.71, the licensee or registrant shall:

(a) Determine the occupational radiation dose received during the current year; and (b) Attempt to obtain the records of lifetime cumulative occupational radiation dose.

(2) Prior to permitting an individual to participate in a planned special exposure, the licensee or registrant shall determine:

(a) The internal and external doses from all previous planned special exposures; and (b) All doses in excess of the limits (including doses received during accidents and emergencies) received during the lifetime of the individual.

(3) In complying with the requirements of paragraph (1) of this rule, a licensee or registrant may:

(a) Accept, as a record of the individual’s occupational dose for the current year, a written statement disclosing the nature and the amount of any occupational dose the individual may have received during the current year. Such statement shall be signed by the individual or the individual’s most recent employer for work involving radiation exposure.

(b) Accept, as the record of lifetime cumulative radiation dose, an up-to-date Form RHS 8- 1H, or equivalent. Such form shall be signed by the individual and countersigned by an appropriate official of the most recent employer for work involving radiation exposure. If the individual is employed by a person other than the licensee or registrant, the countersignature shall be from the current employer.

(c) From the most recent employer obtain reports of the individual’s dose equivalent(s) for work involving radiation exposure. If the individual is employed by a person other than the licensee or registrant the report shall be from the individual’s current employer.

Reports may be obtained by telephone, telegram, electronic media or letter. The licensee or registrant shall request a written verification of the dose data if the authenticity of the transmitted report cannot be established.

(4) The licensee or registrant shall record the exposure history together with all information required by paragraph (1) of this rule on Form RHS 8-1H , or other clear and legible record.

The form or record shall show each period in which the individual received occupational exposure and be signed by the individual receiving the exposure.

Licensees or registrants are not required to reevaluate the separate external dose equivalents and internal committed dose equivalents. Further, occupational exposure histories obtained and recorded on Form RHS 8-1 before January 1, 1994, would not have included effective dose equivalent, but may be used in the absence of specific information on the intake of radionuclides by the individual.

For each period for which the licensee or registrant obtains reports, the licensee or registrant shall use the dose shown in the report in preparing Form RHS 8-1H. For any period in which the licensee or registrant does not obtain a report, the licensee or registrant shall place a notation on Form RHS 8-1H indicating the periods of time for which data are not available.

(5) If the licensee or registrant is unable to obtain a complete record of an individual’s current and previously accumulated occupational dose, the licensee or registrant shall:

(a) In establishing administrative controls under paragraph (6) of Rule 0400-20-05-.50 for the current year, reduce the individual’s allowable dose limit by 1.25 rems (12.5 mSv) for each quarter for which records were unavailable and the individual could have received occupational exposure; and (b) Not allow the individual to be available for planned special exposures.

(6) The licensee or registrant shall retain the records on Form RHS 8-1H or equivalent until the Division terminates each pertinent license or registration requiring this record. The licensee or registrant shall retain records used in preparing Form RHS 8-1H for three (3) years after the record is made.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.134 RECORDS OF PLANNED SPECIAL EXPOSURES

(1) For each use of the provisions of Rule 0400-20-05-.54 for planned special exposures, the licensee or registrant shall maintain records that describe:

(a) The exceptional circumstances requiring the use of a planned special exposure;

(b) The name of the management official who authorized the planned special exposure and a copy of the signed authorization;

(d) Why the actions were necessary;

(e) How doses were maintained ALARA; and (f) What individual and collective doses were expected to result, and the doses actually received in the planned special exposure.

(2) The licensee or registrant shall retain the records until the Division terminates each pertinent license or registration requiring these records.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.135 for each year the worker was required to be monitored under the provisions of Rule 0400-20-05-.71; and 2. For each year the worker was required to be monitored under the requirements in effect before January 2, 1993.

(b) This report shall:

Be furnished within 30 days from the time the request is made or within 30 days after the exposure of the individual has been determined by the licensee, whichever is later;
Cover the period that the worker’s activities involved exposure to sources of radiation licensed or registered by the Division; and 3. Include the dates and locations of licensed or registered activities in which the worker participated during this period.

(c) The worker’s request shall include social security number, dates and location of employment or association and other appropriate identifying data.

(4) When a licensee or registrant is required under Rule 0400-20-05-.141, 0400-20-05-.143 or

Tenn. Comp. R. & Regs. 0400-20-05-.136 RECORDS OF DOSE TO INDIVIDUAL MEMBERS OF THE PUBLIC

(1) Each licensee and registrant shall maintain records sufficient to demonstrate compliance with the dose limit for individual members of the public (see Rule 0400-20-05-.60).

(2) The licensee or registrant shall retain the records required by paragraph (1) of this rule until the Division terminates each pertinent license or registration requiring the record.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Assessments of dose equivalent and records made using units in effect before the licensee’s or registrant’s adoption of Rules

Tenn. Comp. R. & Regs. 0400-20-05-.137 RECORDS OF WASTE DISPOSAL

(1) Each licensee shall maintain records of the disposal of radioactive materials made under Rules 0400-20-05-.121, 0400-20-05-.122, 0400-20-05-.123, and 0400-20-05-.124, Chapter 0400-20-11 and disposal by burial in soil, including burials authorized before May 12, 1986 .

(2) The licensee shall retain the records required by paragraph (1) of this rule until the Division terminates each pertinent license requiring the record. Requirements for disposition of these records, prior to license termination, are located in Rule 0400-20-10-.26 for activities licensed under these rules.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.138 RECORDS OF TESTING ENTRY CONTROL DEVICES FOR VERY HIGH

RADIATION AREAS.

(1) Each licensee and registrant shall maintain records of tests made under parts (1)(l)1, 2, and 3 of Rule 0400-20-05-.82 on entry control devices for very high radiation areas. These records shall include the date, time, and results of each such test of function.

(2) The licensee or registrant shall retain the records required by paragraph (1) of this rule for 3 years after the record is made.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.139 FORM OF RECORDS

Each record required by this chapter shall remain legible throughout the retention period. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel. The microform shall be capable of producing a clear copy throughout the retention period. The record may also be stored in electronic media capable of producing legible, accurate, and complete records during the retention period. Records such as letters, drawings, and specifications shall include all pertinent information, such as stamps, initials, and signatures. The licensee or registrant shall maintain adequate safeguards against tampering with and loss of records.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.140 REPORTS OF THEFT OR LOSS OF LICENSED MATERIAL

(1) Telephone reports.

(a) Each licensee shall report:

Immediately after learning of any lost, stolen or missing radioactive material:

(i) In an aggregate quantity equal to or greater than 1,000 times the quantity specified in Schedule RHS 8-31; and (ii) Under such circumstances that it appears to the licensee that an exposure could result to persons in unrestricted areas; or A previous Rule 0400-20-05-.19 permitted burial of small quantities of radioactive materials in soil before May 12, 1986 without specific Division Authorization.

Within 30 days after learning of any lost, stolen or missing radioactive material:

(i) In a quantity greater than 10 times the quantity specified in Schedule RHS 8-31; and (ii) That is still missing at this time.

(b) Reports shall be made to the Division, telephone (615) 532-0364, during the hours of 7:00 a.m. Central Time to 4:30 p.m. Central Time except weekends and holidays. At all other times, reports can be made through the Tennessee Emergency Management Agency (615) 741-0001.

(2) Written reports (a) Each licensee required to make a report under paragraph (1) of this rule shall, within 30 days after making the telephone report, make a written report setting forth the following information:

A description of the radioactive material involved, including kind, quantity and chemical and physical form;
A description of the circumstances under which the loss, theft or misplacement occurred;
A statement of disposition, or probable disposition, of the radioactive material involved;
Exposures of individuals to radiation and the circumstances under which the exposures occurred;
The possible total effective dose equivalent to persons in unrestricted areas;
Actions that have been taken, or will be taken, to recover the material; and 7. Procedures or measures that have been, or will be, adopted to ensure against a recurrence of the loss, theft or misplacement of radioactive material.

(b) Reports shall be made to the Division of Radiological Health at the address given in

Rule 0400-20-04-.07.

(3) If after filing the written report, the licensee learns of additional substantive information the licensee shall report such additional information within 30 days.

(4) Each report filed with the Division shall list for each individual exposed: the name, Social Security account number, and date of birth. The report shall be prepared so that this information is stated in a separate and detachable part.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.141 NOTIFICATION OF INCIDENTS

(1) Immediate notification. Notwithstanding other requirements for notification the requirements of this rule are controlling. Licensees and registrants shall notify the Division as soon as possible but not later than 4 hours after discovery that a source of radiation possessed by the licensee or registrant has caused, may have caused or threatens to cause any of the following:

(a) An individual to receive:

A total effective dose equivalent of 25 rems (0.25 Sv) or more;
A lens-dose equivalent of 75 rems (0.75 Sv) or more; or 3. A shallow-dose equivalent to the skin or extremities of 250 rads (2.5 Gy) or more;

(b) The release of radioactive material that could cause an individual present for 24 hours to receive 5 times or more the annual occupational limit on intake. This does not apply to locations where personnel are not normally stationed during routine operations, such as hot-cells or specific process enclosures; or (c) Prevention of immediate protective actions necessary to avoid exposure to radiation or releases that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.).

(2) Twenty-four hour notification. Licensees and registrants shall notify the Division within 24 hours after discovery that a source of radiation possessed by the licensee or registrant may have caused or threatens to cause any of the following:

(a) An individual to receive, in a period of 24 hours:

A total effective dose equivalent exceeding 5 rems (0.05 Sv), 2. A lens-dose equivalent exceeding 15 rems (0.15 Sv), or 3. A shallow-dose equivalent to the skin or extremities exceeding 50 rems (0.5 Sv);

(b) The release of radioactive material that could cause an individual present for 24 hours to receive an intake exceeding one annual occupational limit on intake. This does not apply to locations where personnel are not normally stationed during routine operations, such as hot-cells or specific process enclosures; or (c) Any of the following events involving licensable material:

An unplanned contamination event that:

(i) Requires restricted access to the contaminated area for more than 24 hours. Restriction may be by imposing additional radiological controls or by prohibiting entry into the area;

(ii) Involves a quantity of material greater than five times the lowest annual limit on intake specified for the material in Schedule RHS 8-30 of Rule

Tenn. Comp. R. & Regs. 0400-20-05-.161 SCHEDULES

RHS 8-30

ANNUAL LIMITS ON INTAKE (ALI) AND DERIVED AIR CONCENTRATIONS (DAC) OF

RADIONUCLIDES FOR OCCUPATIONAL EXPOSURE; EFFLUENT CONCENTRATIONS;

CONCENTRATIONS FOR RELEASE TO SANITARY SEWERAGE

Introduction For each radionuclide, Table I indicates the chemical form which is to be used for selecting the appropriate ALI or DAC value. The ALIs and DACs for inhalation are given for an aerosol with an activity median aerodynamic diameter (AMAD) of 1 μm, micron, and for three classes (D,W,Y) of radioactive material, which refer to their retention (approximately days, weeks, or years) in the pulmonary region of the lung. This classification applies to a range of clearance half-times for D if less than 10 days, for W from 10 to 100 days, and for Y greater than 100 days. The class (D, W, or Y) given in the column headed “Class” applies only to the inhalation ALIs and DACs given in Table I, columns 2 and 3. Table II provides concentration limits for airborne and liquid effluents released to the general environment. Table III provides concentration limits for discharges to sanitary sewerage systems.

Note:

The values in Tables I, II, and III are presented in the computer “E” notation. In this notation a value of 6E-02 represents a value of 6 x 10 -2 or 0.06, 6E+2 represents 6 x 10 or 600, and 6E+0 represents 6 x 10 or 6.

Table I “Occupational Values”

Note that the columns in Table I of this schedule captioned, “Oral Ingestion ALI,” “Inhalation,”

“ALI,” and “DAC,” are applicable to occupational exposure to radioactive material.

The ALIs in this schedule are the annual intakes of a given radionuclide by the reference man, which would result in either a committed effective dose equivalent (CEDE) of 0.05 Sv (5 rem), stochastic ALI, or a committed dose equivalent of 0.5 Sv (50 rem) to an organ or tissue, nonstochastic ALI. The stochastic ALIs were derived to result in a risk, due to irradiation of organs and tissues, comparable to the risk associated with deep dose equivalent to the whole body of 0.05 Sv (5 rem). The derivation includes multiplying the committed dose equivalent to an organ or tissue by a weighting factor, w T . This weighting factor is the proportion of the risk of stochastic effects resulting from irradiation of the organ or tissue, T, to the total risk of stochastic effects when the whole body is irradiated uniformly. The values of w T are listed under the definition of weighting factor in Rule 0400-20-05-.32. The non-stochastic ALIs were derived to avoid nonstochastic effects, such as prompt damage to tissue or reduction in organ function.

A value of w T = 0.06 is applicable to each of the five organs or tissues in the “remainder” category receiving the highest dose equivalents, and the dose equivalents of all other remaining tissues may be disregarded. The following portions of the GI tract—stomach, small intestine, upper large intestine, and lower large intestine—are to be treated as four separate organs.

Note that the dose equivalents for an extremity, skin, and lens of the eye are not considered in computing the CEDE but are subject to limits that must be met separately.

When an ALI is defined by the stochastic dose limit, this value alone is given. When an ALI is determined by the non-stochastic dose limit to an organ, the organ or tissue to which the limit applies is shown, and the ALI for the stochastic limit is shown in parentheses. Abbreviated organ or tissue designations are used:

LLI wall = lower large intestine wall;
St wall = stomach wall;
Blad wall = bladder wall; and 4. Bone surf = bone surface.

The use of the ALIs listed first, the more limiting of the stochastic and non-stochastic ALIs, will ensure that non-stochastic effects are avoided and that the risk of stochastic effects is limited to an acceptably low value. If, in a particular situation involving a radionuclide for which the nonstochastic ALI is limiting, the use of that non-stochastic ALI is considered unduly conservative, the licensee or registrant may use the stochastic ALI to determine the committed effective dose equivalent. However, the licensee or registrant shall also ensure that the 0.5 Sv (50 rem) dose equivalent limit for any organ or tissue is not exceeded by the sum of the external deep dose equivalent plus the internal committed dose equivalent to that organ, not the effective dose. For the case where there is no external dose contribution, this would be demonstrated if the sum of the fractions of the nonstochastic ALIs (ALI ns ) that contribute to the committed dose equivalent to the organ receiving the highest dose does not exceed unity, that is, Σ (intake [in μCi] of each radionuclide/ALI ns ) ≤ 1.0. If there is an external deep dose equivalent contribution of H d , then this sum must be less than 1 - (H d /50), instead of ≤ 1.0.

Note that the dose equivalents for an extremity, skin, and lens of the eye are not considered in computing the committed effective dose equivalent but are subject to limits that must be met separately.

The derived air concentration (DAC) values are derived limits intended to control chronic occupational exposures. The relationship between the DAC and the ALI is given by: where 2 x 10 ml is the volume of air breathed per minute at work by the reference man under working conditions of light work.

The DAC values relate to one of two modes of exposure: either external submersion or the internal committed dose equivalents resulting from inhalation of radioactive materials. DACs based upon submersion are for immersion in a semi-infinite cloud of uniform concentration and apply to each radionuclide separately.

The ALI and DAC values include contributions to exposure by the single radionuclide named and any ingrowth of daughter radionuclides produced in the body by decay of the parent. However, intakes that include both the parent and daughter radionuclides should be treated by the general method appropriate for mixtures.

The values of ALI and DAC do not apply directly when the individual both ingests and inhales a radionuclide, when the individual is exposed to a mixture of radionuclides by either inhalation or ingestion or both, or when the individual is exposed to both internal and external irradiation. See

Rule 0400-20-05-.51. When an individual is exposed to radioactive materials, which fall under several of the translocation classifications of the same radionuclide (such as Class D, Class W, or Class Y), the exposure may be evaluated as if it were a mixture of different radionuclides.

It should be noted that the classification of a compound as Class D, W, or Y is based on the chemical form of the compound and does not take into account the radiological half-life of different radioisotopes. For this reason, values are given for Class D, W, and Y compounds, even for very short-lived radionuclides.

Table II “Effluent Concentrations”

The columns in Table II of this schedule captioned “Air” and “Water” are applicable to the assessment and control of dose to the public, particularly in the implementation of the provisions of Rule 0400-20-05-.61. The concentration values given in Columns 1 and 2 of Table II are equivalent to the radionuclide concentrations, which, if inhaled or ingested continuously over the course of a year, would produce a total effective dose equivalent of 0.5 mSv (0.05 rem).

Consideration of non-stochastic limits has not been included in deriving the air and water effluent concentration limits because non-stochastic effects are presumed not to occur at or below the dose levels established for individual members of the public. For radionuclides, where the nonstochastic limit was governing in deriving the occupational DAC, the stochastic ALI was used in deriving the corresponding airborne effluent limit in Table II. For this reason, the DAC and airborne effluent limits are not always proportional, as was the case in the previous Schedule RHS 8–1.

Ci/ml 10 4.2 min)/ 10 x 2 Xmin/hr 60 X / 2000( )C(in ALI i μ μ x ALI mlyrworkinghrs DAC = = The air concentration values listed in Table II, Column 1 were derived by one of two methods. For those radionuclides for which the stochastic limit is governing, the occupational stochastic inhalation ALI was divided by 2.4 x 10 , relating the inhalation ALI to the DAC, as explained above, and then divided by a factor of 300. The factor of 300 includes the following components: a factor of 50 to relate the 0.05 Sv (5 rem) annual occupational dose limit to the 1mSv (0.1 rem) limit for members of the public; a factor of 3 to adjust for the difference in exposure time and the inhalation rate for a worker and that for members of the public; and a factor of 2 to adjust the occupational values, derived for adults, so that they are applicable to other age groups.

For those radionuclides for which submersion, that is external dose, is limiting, the occupational DAC in Table I, Column 3 was divided by 219. The factor of 219 is composed of a factor of 50, as described above, and a factor of 4.38 relating occupational exposure for 2,000 hours per year to full-time exposure (8,760 hours per year). Note that an additional factor of 2 for age considerations is not warranted in the submersion case.

The water concentrations were derived by taking the most restrictive occupational stochastic oral ingestion ALI and dividing by 7.3 x 10 . The factor of 7.3 x 10 (ml) includes the following components: the factors of 50 and 2 described above and a factor of 7.3 x 10 (ml), which is the annual water intake of the reference man.

Note 2 of this schedule provides groupings of radionuclides, which are applicable to unknown mixtures of radionuclides. These groupings, including occupational inhalation ALIs and DACs, air and water effluent concentrations and releases to sewer, require demonstrating that the most limiting radionuclides in successive classes are absent. The limit for the unknown mixture is defined when the presence of one of the listed radionuclides cannot be definitely excluded as being present, either from knowledge of the radionuclide composition of the source or from actual measurements.

Table III “Releases to Sewers”

The monthly average concentrations for release to sanitary sewerage are applicable to the provisions in Rule 0400-20-05-.122. The concentration values were derived by taking the most restrictive occupational stochastic oral ingestion ALI and dividing by 7.3 x 10 (ml). The factor of 7.3 x 10 (ml) is composed of a factor of 7.3 x 10 (ml), the annual water intake by a reference man, and a factor of 10, such that the concentrations, if the sewage released by the licensee were the only source of water ingested by a reference man during a year, would result in a committed effective dose equivalent of 5 mSv (0.5 rem).

LIST OF ELEMENTS

Name Symbol Atomic Number Name Symbol Atomic Number Actinium Ac 89 Molybdenum Mo 42 Aluminum Al 13 Neodymium Nd 60 Americium Am 95 Neptunium Np 93 Antimony Sb 51 Nickel Ni 28 Argon Ar 18 Niobium Nb 41 Arsenic As 33 Nitrogen N 7 Astatine At 85 Osmium Os 76 Barium Ba 56 Oxygen O 8 Berkelium Bk 97 Palladium Pd 46 Beryllium Be 4 Phosphorus P 15 Bismuth Bi 83 Platinum Pt 78 Bromine Br 35 Plutonium Pu 94 Cadmium Cd 48 Polonium Po 84 Calcium Ca 20 Potassium K 19 Californium Cf 98 Praseodymium Pr 59 Carbon C 6 Promethium Pm 61 Cerium Ce 58 Protactinium Pa 91 Cesium Cs 55 Radium Ra 88 Chlorine Cl 17 Radon Rn 86 Chromium Cr 24 Rhenium Re 75 Cobalt Co 27 Rhodium Rh 45 Copper Cu 29 Rubidium Rb 37 Curium Cm 96 Ruthenium Ru 44 Dysprosium Dy 66 Samarium Sm 62 Einsteinium Es 99 Scandium Sc 21 Erbium Er 68 Selenium Se 34 Europium Eu 63 Silicon Si 14 Fermium Fm 100 Silver Ag 47 Fluorine F 9 Sodium Na 11 Francium Fr 87 Strontium Sr 38 Gadolinium Gd 64 Sulfur S 16 Gallium Ga 31 Tantalum Ta 73 Germanium Ge 32 Technetium Tc 43 Gold Au 79 Tellurium Te 52 Hafnium Hf 72 Terbium Tb 65 Holmium Ho 67 Thallium Tl 81 Hydrogen H 1 Thorium Th 90 Indium In 49 Thulium Tm 69 Iodine I 53 Tin Sn 50 Iridium Ir 77 Titanium Ti 22 Iron Fe 26 Tungsten W 74 Mercury Hg 80 Uranium U 92 Krypton Kr 36 Vanadium V 23 Lanthanum La 57 Xenon Xe 54 Lead Pb 82 Ytterbium Yb 70 Lutetium Lu 71 Yttrium Y 39 Magnesium Mg 12 Zinc Zn 30 Manganese Mn 25 Zirconium Zr 40 Mendelevium Md 101 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 1 Hydrogen-3 Water, DAC includes skin absorption 8E+4 8E+4 2E-5 1E-7 1E-3 1E-2 Gas (HT or T ) Submersion : Use above values as HT and T2 oxidize in air and in the body to HTO. 4 Beryllium-7 W, all compounds except those given for Y 4E+4 2E+4 9E-6 3E-8 6E-4 6E-3 Y, oxides, halides, and nitrates - 2E+4 8E-6 3E-8 - - 4 Beryllium-10 W, see Be 1E+3 2E+2 6E-8 2E-10 - - LLI wall (1E+3)

- - 2E-5 2E-4

Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Y, see Be - 1E+1 6E-9 2E-11 - - Carbon-11 Monoxide - 1E+6 5E-4 2E-6 - - Dioxide - 6E+5 3E-4 9E-7 - - Compounds 4E+5 4E+5 2E-4 6E-7 6E-3 6E-2 6 Carbon-14 Monoxide - 2E+6 7E-4 2E-6 - - Dioxide - 2E+5 9E-5 3E-7 - - Compounds 2E+3 2E+3 1E-6 3E-9 3E-5 3E-4 7 Nitrogen-13 Submersion - - 4E-6 2E-8 - - 8 Oxygen-15 Submersion - - 4E-6 2E-8 - - Fluorine-18 D, fluorides of H, Li, Na, K, Rb, Cs, and Fr 5E+4 7E+4 3E-5 1E-7 - - St wall (5E+4)

- - 7E-4 7E-3

W, fluorides of Be, Mg, Ca, Sr, Ba, Ra, Al, Ga, In, Tl, As, Sb, Bi, Fe, Ru, Os, Co, Ni, Pd, Pt, Cu, Ag, Au, Zn, Cd, Hg, Sc, Y, Ti, Zr, V, Nb, Ta, Mn, Tc, and Re - 9E+4 4E-5 1E-7 - - Y, lanthanum fluoride - 8E+4 3E-5 1E-7 - - 11 Sodium-22 D, all compounds 4E+2 6E+2 3E-7 9E-10 6E-6 6E-5 11 Sodium-24 D, all compounds 4E+3 5E+3 2E-6 7E-9 5E-5 5E-4 12 Magnesium-28 D, all compounds except those given for W 7E+2 2E+3 7E-7 2E-9 9E-6 9E-5 W, oxides, hydroxides, carbides, halides, and nitrates - 1E+3 5E-7 2E-9 - - 13 Aluminum-26 D, all compounds except those given for W 4E+2 6E+1 3E-8 9E-11 6E-6 6E-5 W, oxides, hydroxides, carbides, halides, and nitrates - 9E+1 4E-8 1E-10 - - 14 Silicon-31 D, all compounds except those given for W and Y 9E+3 3E+4 1E-5 4E-8 1E-4 1E-3 W, oxides, hydroxides, carbides, and nitrates - 3E+4 1E-5 5E-8 - - Y, aluminosilicate glass - 3E+4 1E-5 4E-8 - - 14 Silicon-32 D, see Si 2E+3 2E+2 1E-7 3E-10 - - LLI wall (3E+3)

- - 4E-5 4E-4

W, see Si - 1E+2 5E-8 2E-10 - - Y, see Si - 5E+0 2E-9 7E-12 - - 15 Phosphorus-32 D, all compounds except phosphates given for W 6E+2 9E+2 4E-7 1E-9 9E-6 9E-5 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

W, phosphates of Zn 2+ , S 3+ , Mg 2+ , Fe 3+ , Bi 3+ , and lanthanides - 4E+2 2E-7 5E-10 - - 15 Phosphorus-33 D, see P 6E+3 8E+3 4E-6 1E-8 8E-5 8E-4 W, see P - 3E+3 1E-6 4E-9 - - 16 Sulfur-35 Vapor - 1E+4 6E-6 2E-8 - - D, sulfides and sulfates except those given for W 1E+4 2E+4 7E-6 2E-8 - - LLI wall (8E+3)

- - 1E-4 1E-3

W, elemental sulfur, sulfides of Sr, Ba, Ge, Sn, Pb, As, Sb, Bi, Cu, Ag, Au, Zn, Cd, Hg, W, and Mo. Sulfates of Ca, Sr, Ba, Ra, As, Sb, and Bi 6E+3 - - - - - - 2E+3 9E-7 3E-9 - - 17 Chlorine-36 D, chlorides of H, Li, Na, K, Rb, Cs, and Fr 2E+3 2E+3 1E-6 3E-9 2E-5 2E-4 W, chlorides of lanthanides, Be, Mg, Ca, Sr, Ba, Ra, Al, Ga, In, Tl, Ge, Sn, Pb, As, Sb, Bi, Fe, Ru, Os, Co, Rh, Ir, Ni, Pd, Pt, Cu, Ag, Au, Zn, Cd, Hg, Sc, Y, Ti, Zr, Hf, V, Nb, Ta, Cr, Mo, W, Mn, Tc, and Re - 2E+2 1E-7 3E-10 - - Chlorine-38 D, see Cl 2E+4 4E+4 2E-5 6E-8 - - St wall (3E+4)

- - 3E-4 3E-3

W, see Cl - 5E+4 2E-5 6E-8 - - Chlorine-39 D, see Cl 2E+4 5E+4 2E-5 7E-8 - - St wall (4E+4)

- - 5E-4 5E-3

W, see Cl - 6E+4 2E-5 8E-8 - - 18 Argon-37 Submersion - - 1E+0 6E-3 - - 18 Argon-39 Submersion - - 2E-4 8E-7 - - 18 Argon-41 Submersion - - 3E-6 1E-8 - - 19 Potassium-40 D, all compounds 3E+2 4E+2 2E-7 6E-10 4E-6 4E-5 19 Potassium-42 D, all compounds 5E+3 5E+3 2E-6 7E-9 6E-5 6E-4 19 Potassium-43 D, all compounds 6E+3 9E+3 4E-6 1E-8 9E-5 9E-4 Potassium-44 D, all compounds 2E+4 7E+4 3E-5 9E-8 - - St wall (4E+4)

- - 5E-4 5E-3

Potassium-45 D, all compounds 3E+4 1E+5 5E-5 2E-7 - - St wall (5E+4)

- - 7E-4 7E-3 20 Calcium-41 W, all compounds 3E+3 4E+3 2E-6 - - - Bone surf (4E+3)

Bone surf (4E+3)

5E-9 6E-5 6E-4 20 Calcium-45 W, all compounds 2E+3 8E+2 4E-7 1E-9 2E-5 2E-4 20 Calcium-47 W, all compounds 8E+2 9E+2 4E-7 1E-9 1E-5 1E-4 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 21 Scandium-43 Y, all compounds 7E+3 2E+4 9E-6 3E-8 1E-4 1E-3 21 Scandium-44m Y, all compounds 5E+2 7E+2 3E-7 1E-9 7E-6 7E-5 21 Scandium-44 Y, all compounds 4E+3 1E+4 5E-6 2E-8 5E-5 5E-4 21 Scandium-46 Y, all compounds 9E+2 2E+2 1E-7 3E-10 1E-5 1E-4 21 Scandium-47 Y, all compounds 2E+3 3E+3 1E-6 4E-9 - - LLI wall (3E+3)

- - 4E-5 4E-4 21 Scandium-48 Y, all compounds 8E+2 1E+3 6E-7 2E-9 1E-5 1E-4 Scandium-49 Y, all compounds 2E+4 5E+4 2E-5 8E-8 3E-4 3E-3 22 Titanium-44 D, all compounds except those given for W and Y 3E+2 1E+1 5E-9 2E-11 4E-6 4E-5 W, oxides, hydroxides, carbides, halides, and nitrates - 3E+1 1E-8 4E-11 - - Y, SrTi0 - 6E+0 2E-9 8E-12 - - 22 Titanium-45 D, see Ti 9E+3 3E+4 1E-5 3E-8 1E-4 1E-3 W, see Ti - 4E+4 1E-5 5E-8 - - Y, see Ti - 3E+4 1E-5 4E-8 - - Vanadium-47 D, all compounds except those given for W 3E+4 8E+4 3E-5 1E-7 - - St wall (3E+4)
- - 4E-4 4E-3

W, oxides, hydroxides, carbides, and halides - 1E+5 4E-5 1E-7 - - 23 Vanadium-48 D, see V 6E+2 1E+3 5E-7 2E-9 9E-6 9E-5 W, see V - 6E+2 3E-7 9E-10 - - 23 Vanadium-49 D, see V 7E+4 3E+4 1E-5 - - - LLI wall (9E+4)

Bone surf (3E+4)

5E-8 1E-3 1E-2

W, see V - 2E+4 8E-6 2E-8 - - 24 Chromium-48 D, all compounds except those given for W and Y 6E+3 1E+4 5E-6 2E-8 8E-5 8E-4 W, halides and nitrates - 7E+3 3E-6 1E-8 - - Y, oxides and hydroxides - 7E+3 3E-6 1E-8 - - Chromium-49 D, see Cr 3E+4 8E+4 4E-5 1E-7 4E-4 4E-3 W, see Cr - 1E+5 4E-5 1E-7 - - Y, see Cr - 9E+4 4E-5 1E-7 - - 24 Chromium-51 D, see Cr 4E+4 5E+4 2E-5 6E-8 5E-4 5E-3 W, see Cr - 2E+4 1E-5 3E-8 - - Y, see Cr - 2E+4 8E-6 3E-8 - - Manganese-51 D, all compounds except those given for W 2E+4 5E+4 2E-5 7E-8 3E-4 3E-3 W, oxides, hydroxides, halides, and nitrates - 6E+4 3E-5 8E-8 - - 25 Manganese- 52m D, see Mn 3E+4 9E+4 4E-5 1E-7 - - St wall (4E+4)

- - 5E-4 5E-3

W, see Mn - 1E+5 4E-5 1E-7 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 25 Manganese-52 D, see Mn 7E+2 1E+3 5E-7 2E-9 1E-5 1E-4 W, see Mn - 9E+2 4E-7 1E-9 - - 25 Manganese-53 D, see Mn 5E+4 1E+4 5E-6 - 7E-4 7E-3 - Bone surf (2E+4)

3E-8 - -

W, see Mn - 1E+4 5E-6 2E-8 - - 25 Manganese-54 D, see Mn 2E+3 9E+2 4E-7 1E-9 3E-5 3E-4 W, see Mn - 8E+2 3E-7 1E-9 - - 25 Manganese-56 D, see Mn 5E+3 2E+4 6E-6 2E-8 7E-5 7E-4 W, see Mn - 2E+4 9E-6 3E-8 - - 26 Iron-52 D, all compounds except those given for W 9E+2 3E+3 1E-6 4E-9 1E-5 1E-4 W, oxides, hydroxides, and halides - 2E+3 1E-6 3E-9 - - 26 Iron-55 D, see Fe 9E+3 2E+3 8E-7 3E-9 1E-4 1E-3 W, see Fe - 4E+3 2E-6 6E-9 - - 26 Iron-59 D, see Fe 8E+2 3E+2 1E-7 5E-10 1E-5 1E-4 W, see Fe - 5E+2 2E-7 7E-10 - - 26 Iron-60 D, see Fe 3E+1 6E+0 3E-9 9E-12 4E-7 4E-6 W, see Fe - 2E+1 8E-9 3E-11 - - 27 Cobalt-55 W, all compounds except those given for Y 1E+3 3E+3 1E-6 4E-9 2E-5 2E-4 Y, oxides, hydroxides, halides, and nitrates - 3E+3 1E-6 4E-9 - - 27 Cobalt-56 W, see Co 5E+2 3E+2 1E-7 4E-10 6E-6 6E-5 Y, see Co 4E+2 2E+2 8E-8 3E-10 - - 27 Cobalt-57 W, see Co 8E+3 3E+3 1E-6 4E-9 6E-5 6E-4 Y, see Co 4E+3 7E+2 3E-7 9E-10 - - 27 Cobalt-58m W, see Co 6E+4 9E+4 4E-5 1E-7 8E-4 8E-3 Y, see Co - 6E+4 3E-5 9E-8 - - 27 Cobalt-58 W, see Co 2E+3 1E+3 5E-7 2E-9 2E-5 2E-4 Y, see Co 1E+3 7E+2 3E-7 1E-9 - - Cobalt-60m W, see Co 1E+6 4E+6 2E-3 6E-6 - - St wall (1E+6)

- - 2E-2 2E-1

Y, see Co - 3E+6 1E-3 4E-6 - - 27 Cobalt-60 W, see Co 5E+2 2E+2 7E-8 2E-10 3E-6 3E-5 Y, see Co 2E+2 3E+1 1E-8 5E-11 - - Cobalt-61 W, see Co 2E+4 6E+4 3E-5 9E-8 3E-4 3E-3 Y, see Co 2E+4 6E+4 2E-5 8E-8 - - Cobalt-62m W, see Co 4E+4 2E+5 7E-5 2E-7 - - St wall (5E+4)

- - 7E-4 7E-3

Y, see Co - 2E+5 6E-5 2E-7 - - 28 Nickel-56 D, all compounds except those given for W 1E+3 2E+3 8E-7 3E-9 2E-5 2E-4 W, oxides, hydroxides, and carbides - 1E+3 5E-7 2E-9 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Vapor - 1E+3 5E-7 2E-9 - - 28 Nickel-57 D, see Ni 2E+3 5E+3 2E-6 7E-9 2E-5 2E-4 W, see Ni - 3E+3 1E-6 4E-9 - - Vapor - 6E+3 3E-6 9E-9 - - 28 Nickel-59 D, see Ni 2E+4 4E+3 2E-6 5E-9 3E-4 3E-3 W, see Ni - 7E+3 3E-6 1E-8 - - Vapor - 2E+3 8E-7 3E-9 - - 28 Nickel-63 D, see Ni 9E+3 2E+3 7E-7 2E-9 1E-4 1E-3 W, see Ni - 3E+3 1E-6 4E-9 - - Vapor - 8E+2 3E-7 1E-9 - - 28 Nickel-65 D, see Ni 8E+3 2E+4 1E-5 3E-8 1E-4 1E-3 W, see Ni - 3E+4 1E-5 4E-8 - - Vapor - 2E+4 7E-6 2E-8 - - 28 Nickel-66 D, see Ni 4E+2 2E+3 7E-7 2E-9 - - LLI wall (5E+2)

- - 6E-6 6E-5

W, see Ni - 6E+2 3E-7 9E-10 - - Vapor - 3E+3 1E-6 4E-9 - - Copper-60 D, all compounds except those given for W and Y 3E+4 9E+4 4E-5 1E-7 - - St wall (3E+4)

- - 4E-4 4E-3

W, sulfides, halides, and nitrates - 1E+5 5E-5 2E-7 - - Y, oxides and hydroxides - 1E+5 4E-5 1E-7 - - 29 Copper-61 D, see Cu 1E+4 3E+4 1E-5 4E-8 2E-4 2E-3 W, see Cu - 4E+4 2E-5 6E-8 - - Y, see Cu - 4E+4 1E-5 5E-8 - - 29 Copper-64 D, see Cu 1E+4 3E+4 1E-5 4E-8 2E-4 2E-3 W, see Cu - 2E+4 1E-5 3E-8 - - Y, see Cu - 2E+4 9E-6 3E-8 - - 29 Copper-67 D, see Cu 5E+3 8E+3 3E-6 1E-8 6E-5 6E-4 W, see Cu - 5E+3 2E-6 7E-9 - - Y, see Cu - 5E+3 2E-6 6E-9 - - 30 Zinc-62 Y, all compounds 1E+3 3E+3 1E-6 4E-9 2E-5 2E-4 Zinc-63 Y, all compounds 2E+4 7E+4 3E-5 9E-8 - - St wall (3E+4)

- - 3E-4 3E-3 30 Zinc-65 Y, all compounds 4E+2 3E+2 1E-7 4E-10 5E-6 5E-5 30 Zinc-69m Y, all compounds 4E+3 7E+3 3E-6 1E-8 6E-5 6E-4 Zinc-69 Y, all compounds 6E+4 1E+5 6E-5 2E-7 8E-4 8E-3 30 Zinc-71m Y, all compounds 6E+3 2E+4 7E-6 2E-8 8E-5 8E-4 30 Zinc-72 Y, all compounds 1E+3 1E+3 5E-7 2E-9 1E-5 1E-4 Gallium-65 D, all compounds except those given for W 5E+4 2E+5 7E-5 2E-7 - - St wall (6E+4)
- - 9E-4 9E-3

W, oxides, hydroxides, carbides, halides, and nitrates - 2E+5 8E-5 3E-7 - - 31 Gallium-66 D, see Ga 1E+3 4E+3 1E-6 5E-9 1E-5 1E-4 W, see Ga - 3E+3 1E-6 4E-9 - - 31 Gallium-67 D, see Ga 7E+3 1E+4 6E-6 2E-8 1E-4 1E-3 W, see Ga - 1E+4 4E-6 1E-8 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Gallium-68 D, see Ga 2E+4 4E+4 2E-5 6E-8 2E-4 2E-3 W, see Ga - 5E+4 2E-5 7E-8 - - Gallium-70 D, see Ga 5E+4 2E+5 7E-5 2E-7 - - St wall (7E+4)

- - 1E-3 1E-2

W, see Ga - 2E+5 8E-5 3E-7 - - 31 Gallium-72 D, see Ga 1E+3 4E+3 1E-6 5E-9 2E-5 2E-4 W, see Ga - 3E+3 1E-6 4E-9 - - 31 Gallium-73 D, see Ga 5E+3 2E+4 6E-6 2E-8 7E-5 7E-4 W, see Ga - 2E+4 6E-6 2E-8 - - 32 Germanium-66 D, all compounds except those given for W 2E+4 3E+4 1E-5 4E-8 3E-4 3E-3 W, oxides, sulfides, and halides - 2E+4 8E-6 3E-8 - - Germanium-67 D, see Ge 3E+4 9E+4 4E-5 1E-7 - - St wall (4E+4)

- - 6E-4 6E-3

W, see Ge - 1E+5 4E-5 1E-7 - - 32 Germanium-68 D, see Ge 5E+3 4E+3 2E-6 5E-9 6E-5 6E-4 W, see Ge - 1E+2 4E-8 1E-10 - - 32 Germanium-69 D, see Ge 1E+4 2E+4 6E-6 2E-8 2E-4 2E-3 W, see Ge - 8E+3 3E-6 1E-8 - - 32 Germanium-71 D, see Ge 5E+5 4E+5 2E-4 6E-7 7E-3 7E-2 W, see Ge - 4E+4 2E-5 6E-8 - - Germanium-75 D, see Ge 4E+4 8E+4 3E-5 1E-7 - - St wall (7E+4)

- - 9E-4 9E-3

W, see Ge - 8E+4 4E-5 1E-7 - - 32 Germanium-77 D, see Ge 9E+3 1E+4 4E-6 1E-8 1E-4 1E-3 W, see Ge - 6E+3 2E-6 8E-9 - - Germanium-78 D, see Ge 2E+4 2E+4 9E-6 3E-8 - - St wall (2E+4)

- - 3E-4 3E-3

W, see Ge - 2E+4 9E-6 3E-8 - - Arsenic-69 W, all compounds 3E+4 1E+5 5E-5 2E-7 - - St wall (4E+4)

- - 6E-4 6E-3

Arsenic-70 W, all compounds 1E+4 5E+4 2E-5 7E-8 2E-4 2E-3 33 Arsenic-71 W, all compounds 4E+3 5E+3 2E-6 6E-9 5E-5 5E-4 33 Arsenic-72 W, all compounds 9E+2 1E+3 6E-7 2E-9 1E-5 1E-4 33 Arsenic-73 W, all compounds 8E+3 2E+3 7E-7 2E-9 1E-4 1E-3 33 Arsenic-74 W, all compounds 1E+3 8E+2 3E-7 1E-9 2E-5 2E-4 33 Arsenic-76 W, all compounds 1E+3 1E+3 6E-7 2E-9 1E-5 1E-4 33 Arsenic-77 W, all compounds 4E+3 5E+3 2E-6 7E-9 - - LLI wall (5E+3)

- - 6E-5 6E-4

Arsenic-78 W, all compounds 8E+3 2E+4 9E-6 3E-8 1E-4 1E-3 Selenium-70 D, all compounds except those given for W 2E+4 4E+4 2E-5 5E-8 1E-4 1E-3 W, oxides, hydroxides, carbides, and elemental Se 1E+4 4E+4 2E-5 6E-8 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Selenium-73m D, see Se 6E+4 2E+5 6E-5 2E-7 4E-4 4E-3 W, see Se 3E+4 1E+5 6E-5 2E-7 - - 34 Selenium-73 D, see Se 3E+3 1E+4 5E-6 2E-8 4E-5 4E-4 W, see Se - 2E+4 7E-6 2E-8 - - 34 Selenium-75 D, see Se 5E+2 7E+2 3E-7 1E-9 7E-6 7E-5 W, see Se - 6E+2 3E-7 8E-10 - - 34 Selenium-79 D, see Se 6E+2 8E+2 3E-7 1E-9 8E-6 8E-5 W, see Se - 6E+2 2E-7 8E-10 - - Selenium-81m D, see Se 4E+4 7E+4 3E-5 9E-8 3E-4 3E-3 W, see Se 2E+4 7E+4 3E-5 1E-7 - - Selenium-81 D, see Se 6E+4 2E+5 9E-5 3E-7 - - St wall (8E+4)

- - 1E-3 1E-2

W, see Se - 2E+5 1E-4 3E-7 - - Selenium-83 D, see Se 4E+4 1E+5 5E-5 2E-7 4E-4 4E-3 W, see Se 3E+4 1E+5 5E-5 2E-7 - - Bromine-74m D, bromides of H, Li, Na, K, Rb, Cs, and Fr 1E+4 4E+4 2E-5 5E-8 - - St wall (2E+4)

- - 3E-4 3E-3

W, bromides of lanthanides, Be, Mg, Ca, Sr, Ba, Ra, Al, Ga, In, Tl, Ge, Sn, Pb, As, Sb, Bi, Fe, Ru, Os, Co, Rh, Ir, Ni, Pd, Pt, Cu, Ag, Au, Zn, Cd, Hg, Sc, Y, Ti, Zr, Hf, V, Nb, Ta, Mn, Tc, and Re - 4E+4 2E-5 6E-8 - - Bromine-74 D, see 74m Br 2E+4 7E+4 3E-5 1E-7 - - St wall (4E+4)

- - 5E-4 5E-3

W, see 74m Br - 8E+4 4E-5 1E-7 - - Bromine-75 D, see 74m Br 3E+4 5E+4 2E-5 7E-8 - - St wall (4E+4)

- - 5E-4 5E-3

W, see 74m Br - 5E+4 2E-5 7E-8 - - 35 Bromine-76 D, see 74m Br 4E+3 5E+3 2E-6 7E-9 5E-5 5E-4 W, see 74m Br - 4E+3 2E-6 6E-9 - - 35 Bromine-77 D, see 74m Br 2E+4 2E+4 1E-5 3E-8 2E-4 2E-3 W, see 74m Br - 2E+4 8E-6 3E-8 - - 35 Bromine-80m D, see 74m Br 2E+4 2E+4 7E-6 2E-8 3E-4 3E-3 W, see 74m Br - 1E+4 6E-6 2E-8 - - Bromine-80 D, see 74m Br 5E+4 2E+5 8E-5 3E-7 - - St wall (9E+4)

- - 1E-3 1E-2

W, see 74m Br - 2E+5 9E-5 3E-7 - - 35 Bromine-82 D, see 74m Br 3E+3 4E+3 2E-6 6E-9 4E-5 4E-4 W, see 74m Br - 4E+3 2E-6 5E-9 - - 35 Bromine-83 D, see 74m Br 5E+4 6E+4 3E-5 9E-8 - - St wall (7E+4)

- - 9E-4 9E-3

W, see 74m Br - 6E+4 3E-5 9E-8 - - Bromine-84 D, see 74m Br 2E+4 6E+4 2E-5 8E-8 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

St wall (3E+4)

- - 4E-4 4E-3

W, see 74m Br - 6E+4 3E-5 9E-8 - - Krypton-74 Submersion - - 3E-6 1E-8 - - 36 Krypton-76 Submersion - - 9E-6 4E-8 - - Krypton-77 Submersion - - 4E-6 2E-8 - - 36 Krypton-79 Submersion - - 2E-5 7E-8 - - 36 Krypton-81 Submersion - - 7E-4 3E-6 - - Krypton-83m Submersion - - 1E-2 5E-5 - - 36 Krypton-85m Submersion - - 2E-5 1E-7 - - 36 Krypton-85 Submersion - - 1E-4 7E-7 - - Krypton-87 Submersion - - 5E-6 2E-8 - - 36 Krypton-88 Submersion - - 2E-6 9E-9 - - Rubidium-79 D, all compounds 4E+4 1E+5 5E-5 2E-7 - - St wall (6E+4)

- - 8E-4 8E-3

Rubidium-81m D, all compounds 2E+5 3E+5 1E-4 5E-7 - - St wall (3E+5)

- - 4E-3 4E-2 37 Rubidium-81 D, all compounds 4E+4 5E+4 2E-5 7E-8 5E-4 5E-3 37 Rubidium-82m D, all compounds 1E+4 2E+4 7E-6 2E-8 2E-4 2E-3 37 Rubidium-83 D, all compounds 6E+2 1E+3 4E-7 1E-9 9E-6 9E-5 37 Rubidium-84 D, all compounds 5E+2 8E+2 3E-7 1E-9 7E-6 7E-5 37 Rubidium-86 D, all compounds 5E+2 8E+2 3E-7 1E-9 7E-6 7E-5 37 Rubidium-87 D, all compounds 1E+3 2E+3 6E-7 2E-9 1E-5 1E-4 Rubidium-88 D, all compounds 2E+4 6E+4 3E-5 9E-8 - - St wall (3E+4)
- - 4E-4 4E-3

Rubidium-89 D, all compounds 4E+4 1E+5 6E-5 2E-7 - - St wall (6E+4)

- - 9E-4 9E-3

Strontium-80 D, all soluble compounds except SrTiO 4E+3 1E+4 5E-6 2E-8 6E-5 6E-4 Y, all insoluble compounds and SrTi0 - 1E+4 5E-6 2E-8 - - Strontium-81 D, see Sr 3E+4 8E+4 3E-5 1E-7 3E-4 3E-3 Y, see Sr 2E+4 8E+4 3E-5 1E-7 - - 38 Strontium-82 D, see Sr 3E+2 4E+2 2E-7 6E-10 - - LLI wall (2E+2)

- - 3E-6 3E-5

Y, see Sr 2E+2 9E+1 4E-8 1E-10 - - 38 Strontium-83 D, see Sr 3E+3 7E+3 3E-6 1E-8 3E-5 3E-4 Y, see Sr 2E+3 4E+3 1E-6 5E-9 - - Strontium-85m D, see Sr 2E+5 6E+5 3E-4 9E-7 3E-3 3E-2 Y, see Sr - 8E+5 4E-4 1E-6 - - 38 Strontium-85 D, see Sr 3E+3 3E+3 1E-6 4E-9 4E-5 4E-4 Y, see Sr - 2E+3 6E-7 2E-9 - - 38 Strontium-87m D, see Sr 5E+4 1E+5 5E-5 2E-7 6E-4 6E-3 Y, see Sr 4E+4 2E+5 6E-5 2E-7 - - 38 Strontium-89 D, see Sr 6E+2 8E+2 4E-7 1E-9 - - LLI wall (6E+2)

- - 8E-6 8E-5

Y, see Sr 5E+2 1E+2 6E-8 2E-10 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 38 Strontium-90 D, see Sr 3E+1 2E+1 8E-9 - - - Bone surf (4E+1)

Bone surf (2E+1)

3E-11 5E-7 5E-6

Y, see Sr - 4E+0 2E-9 6E-12 - - 38 Strontium-91 D, see Sr 2E+3 6E+3 2E-6 8E-9 2E-5 2E-4 Y, see Sr - 4E+3 1E-6 5E-9 - - 38 Strontium-92 D, see Sr 3E+3 9E+3 4E-6 1E-8 4E-5 4E-4 Y, see Sr - 7E+3 3E-6 9E-9 - - Yttrium-86m W, all compounds except those given for Y 2E+4 6E+4 2E-5 8E-8 3E-4 3E-3 Y, oxides and hydroxides - 5E+4 2E-5 8E-8 - - 39 Yttrium-86 W, see 86m Y 1E+3 3E+3 1E-6 5E-9 2E-5 2E-4 Y, see 86m Y - 3E+3 1E-6 5E-9 - - 39 Yttrium-87 W, see 86m Y 2E+3 3E+3 1E-6 5E-9 3E-5 3E-4 Y, see 86m Y - 3E+3 1E-6 5E-9 - - 39 Yttrium-88 W, see 86m Y 1E+3 3E+2 1E-7 3E-10 1E-5 1E-4 Y, see 86m Y - 2E+2 1E-7 3E-10 - - 39 Yttrium-90m W, see 86m Y 8E+3 1E+4 5E-6 2E-8 1E-4 1E-3 Y, see 86m Y - 1E+4 5E-6 2E-8 - - 39 Yttrium-90 W, see 86m Y 4E+2 7E+2 3E-7 9E-10 - - LLI wall (5E+2)

- - 7E-6 7E-5

Y, see 86m Y - 6E+2 3E-7 9E-10 - - Yttrium-91m W, see 86m Y 1E+5 2E+5 1E-4 3E-7 2E-3 2E-2 Y, see 86m Y - 2E+5 7E-5 2E-7 - - 39 Yttrium-91 W, see 86m Y 5E+2 2E+2 7E-8 2E-10 - - LLI wall (6E+2)

- - 8E-6 8E-5

Y, see 86m Y - 1E+2 5E-8 2E-10 - - 39 Yttrium-92 W, see 86m Y 3E+3 9E+3 4E-6 1E-8 4E-5 4E-4 Y, see 86m Y - 8E+3 3E-6 1E-8 - - 39 Yttrium-93 W, see 86m Y 1E+3 3E+3 1E-6 4E-9 2E-5 2E-4 Y, see 86m Y - 2E+3 1E-6 3E-9 - - Yttrium-94 W, see 86m Y 2E+4 8E+4 3E-5 1E-7 - - St wall (3E+4)

- - 4E-4 4E-3

Y, see 86m Y - 8E+4 3E-5 1E-7 - - Yttrium-95 W, see 86m Y 4E+4 2E+5 6E-5 2E-7 - - St wall (5E+4)

- - 7E-4 7E-3

Y, see 86m Y - 1E+5 6E-5 2E-7 - - 40 Zirconium-86 D, all compounds except those given for W and Y 1E+3 4E+3 2E-6 6E-9 2E-5 2E-4 W, oxides, hydroxides, halides, and nitrates - 3E+3 1E-6 4E-9 - - Y, carbide - 2E+3 1E-6 3E-9 - - 40 Zirconium-88 D, see Zr 4E+3 2E+2 9E-8 3E-10 5E-5 5E-4 W, see Zr - 5E+2 2E-7 7E-10 - - Y, see Zr - 3E+2 1E-7 4E-10 - - 40 Zirconium-89 D, see Zr 2E+3 4E+3 1E-6 5E-9 2E-5 2E-4 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

W, see Zr - 2E+3 1E-6 3E-9 - - Y, see Zr - 2E+3 1E-6 3E-9 - - 40 Zirconium-93 D, see Zr 1E+3 6E+0 3E-9 - - - Bone surf (3E+3)

Bone surf (2E+1)

2E-11 4E-5 4E-4

W, see Zr - 2E+1 1E-8 - - - - Bone surf (6E+1)

9E-11 - -

Y, see Zr - 6E+1 2E-8 - - - - Bone surf (7E+1)

9E-11 - - 40 Zirconium-95 D, see Zr 1E+3 1E+2 5E-8 - 2E-5 2E-4 - Bone surf (3E+2)
4E-10 - -

W, see Zr - 4E+2 2E-7 5E-10 - - Y, see Zr - 3E+2 1E-7 4E-10 - - 40 Zirconium-97 D, see Zr 6E+2 2E+3 8E-7 3E-9 9E-6 9E-5 W, see Zr - 1E+3 6E-7 2E-9 - - Y, see Zr - 1E+3 5E-7 2E-9 - - Niobium-88 W, all compounds except those given for Y 5E+4 2E+5 9E-5 3E-7 - - St wall (7E+4)

- - 1E-3 1E-2

Y, oxides and hydroxides - 2E+5 9E-5 3E-7 - - Niobium-89 (66 min)

W, see Nb 1E+4 4E+4 2E-5 6E-8 1E-4 1E-3 Y, see Nb - 4E+4 2E-5 5E-8 - - 41 Niobium-89 (122 min)

W, see Nb 5E+3 2E+4 8E-6 3E-8 7E-5 7E-4 Y, see Nb - 2E+4 6E-6 2E-8 - - 41 Niobium-90 W, see Nb 1E+3 3E+3 1E-6 4E-9 1E-5 1E-4 Y, see Nb - 2E+3 1E-6 3E-9 - - 41 Niobium-93m W, see Nb 9E+3 2E+3 8E-7 3E-9 - - LLI wall (1E+4)

- - 2E-4 2E-3

Y, see Nb - 2E+2 7E-8 2E-10 - - 41 Niobium-94 W, see Nb 9E+2 2E+2 8E-8 3E-10 1E-5 1E-4 Y, see Nb - 2E+1 6E-9 2E-11 - - 41 Niobium-95m W, see Nb 2E+3 3E+3 1E-6 4E-9 - - LLI wall (2E+3)

- - 3E-5 3E-4

Y, see Nb - 2E+3 9E-7 3E-9 - - 41 Niobium-95 W, see Nb 2E+3 1E+3 5E-7 2E-9 3E-5 3E-4 Y, see Nb - 1E+3 5E-7 2E-9 - - 41 Niobium-96 W, see Nb 1E+3 3E+3 1E-6 4E-9 2E-5 2E-4 Y, see Nb - 2E+3 1E-6 3E-9 - - Niobium-97 W, see Nb 2E+4 8E+4 3E-5 1E-7 3E-4 3E-3 Y, see Nb - 7E+4 3E-5 1E-7 - - Niobium-98 W, see Nb 1E+4 5E+4 2E-5 8E-8 2E-4 2E-3 Y, see Nb - 5E+4 2E-5 7E-8 - - 42 Molybdenum- D, all compounds except those given for Y 4E+3 7E+3 3E-6 1E-8 3E-5 3E-4 Y, oxides, hydroxide, and MoS 2E+3 5E+3 2E-6 6E-9 - - 42 Molybdenum- D, see Mo 9E+3 2E+4 7E-6 2E-8 6E-5 6E-4 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 93m Y, see Mo 4E+3 1E+4 6E-6 2E-8 - - 42 Molybdenum- D, see Mo 4E+3 5E+3 2E-6 8E-9 5E-5 5E-4 Y, see Mo 2E+4 2E+2 8E-8 2E-10 - - 42 Molybdenum- D, see Mo 2E+3 3E+3 1E-6 4E-9 - - LLI wall (1E+3)

- - 2E-5 2E-4

Y, see Mo 1E+3 1E+3 6E-7 2E-9 - - 42 Molybdenum- D, see Mo 4E+4 1E+5 6E-5 2E-7 - - St wall (5E+4)

- - 7E-4 7E-3

Y, see Mo - 1E+5 6E-5 2E-7 - - 43 Technetium- 93m D, all compounds except those given for W 7E+4 2E+5 6E-5 2E-7 1E-3 1E-2 W, oxides, hydroxides, halides, and nitrates - 3E+5 1E-4 4E-7 - - 43 Technetium-93 D, see 93m Tc 3E+4 7E+4 3E-5 1E-7 4E-4 4E-3 W, see 93m Tc - 1E+5 4E-5 1E-7 - - 43 Technetium- 94m D, see 93m Tc 2E+4 4E+4 2E-5 6E-8 3E-4 3E-3 W, see 93m Tc - 6E+4 2E-5 8E-8 - - 43 Technetium-94 D, see 93m Tc 9E+3 2E+4 8E-6 3E-8 1E-4 1E-3 W, see 93m Tc - 2E+4 1E-5 3E-8 - - 43 Technetium- 95m D, see 93m Tc 4E+3 5E+3 2E-6 8E-9 5E-5 5E-4 W, see 93m Tc - 2E+3 8E-7 3E-9 - - 43 Technetium-95 D, see 93m Tc 1E+4 2E+4 9E-6 3E-8 1E-4 1E-3 W, see 93m Tc - 2E+4 8E-6 3E-8 - - 43 Technetium- 96m D, see 93m Tc 2E+5 3E+5 1E-4 4E-7 2E-3 2E-2 W, see 93m Tc - 2E+5 1E-4 3E-7 - - 43 Technetium-96 D, see 93m Tc 2E+3 3E+3 1E-6 5E-9 3E-5 3E-4 W, see 93m Tc - 2E+3 9E-7 3E-9 - - 43 Technetium- 97m D, see 93m Tc 5E+3 7E+3 3E-6 - 6E-5 6E-4 - St Wall (7E + 3)

1E-8 - -

W, see 93m Tc - 1E+3 5E-7 2E-9 - - 43 Technetium-97 D, see 93m Tc 4E+4 5E+4 2E-5 7E-8 5E-4 5E-3 W, see 93m Tc - 6E+3 2E-6 8E-9 - - 43 Technetium-98 D, see 93m Tc 1E+3 2E+3 7E-7 2E-9 1E-5 1E-4 W, see 93m Tc - 3E+2 1E-7 4E-10 - - 43 Technetium- 99m D, see 93m Tc 8E+4 2E+5 6E-5 2E-7 1E-3 1E-2 W, see 93m Tc - 2E+5 1E-4 3E-7 - - 43 Technetium-99 D, see 93m Tc 4E+3 5E+3 2E-6 - 6E-5 6E-4 - St wall (6E+3)

8E-9 - -

W, see 93m Tc - 7E+2 3E-7 9E-10 - - 43 Technetium- D, see 93m Tc 9E+4 3E+5 1E-4 5E-7 - - St wall (1E+5)

- - 2E-3 2E-2

W, see 93m Tc - 4E+5 2E-4 5E-7 - - 43 Technetium- D, see 93m Tc 2E+4 7E+4 3E-5 1E-7 - - St wall (3E+4)

- - 4E-4 4E-3

W, see 93m Tc - 9E+4 4E-5 1E-7 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Ruthenium-94 D, all compounds except those given for W and Y 2E+4 4E+4 2E-5 6E-8 2E-4 2E-3 W, halides - 6E+4 3E-5 9E-8 - - Y, oxides and hydroxides - 6E+4 2E-5 8E-8 - - 44 Ruthenium-97 D, see Ru 8E+3 2E+4 8E-6 3E-8 1E-4 1E-3 W, see Ru - 1E+4 5E-6 2E-8 - - Y, see Ru - 1E+4 5E-6 2E-8 - - 44 Ruthenium-103 D, see Ru 2E+3 2E+3 7E-7 2E-9 3E-5 3E-4 W, see Ru - 1E+3 4E-7 1E-9 - - Y, see Ru - 6E+2 3E-7 9E-10 - - 44 Ruthenium-105 D, see Ru 5E+3 1E+4 6E-6 2E-8 7E-5 7E-4 W, see Ru - 1E+4 6E-6 2E-8 - - Y, see Ru - 1E+4 5E-6 2E-8 - - 44 Ruthenium-106 D, see Ru 2E+2 9E+1 4E-8 1E-10 - - LLI wall (2E+2)

- - 3E-6 3E-5

W, see Ru - 5E+1 2E-8 8E-11 - - Y, see Ru - 1E+1 5E-9 2E-11 - - 45 Rhodium-99m D, all compounds except those given for W and Y 2E+4 6E+4 2E-5 8E-8 2E-4 2E-3 W, halides - 8E+4 3E-5 1E-7 - - Y, oxides and hydroxides - 7E+4 3E-5 9E-8 - - 45 Rhodium-99 D, see 99m Rh 2E+3 3E+3 1E-6 4E-9 3E-5 3E-4 W, see 99m Rh - 2E+3 9E-7 3E-9 - - Y, see 99m Rh - 2E+3 8E-7 3E-9 - - 45 Rhodium-100 D, see 99m Rh 2E+3 5E+3 2E-6 7E-9 2E-5 2E-4 W, see 99m Rh - 4E+3 2E-6 6E-9 - - Y, see 99m Rh - 4E+3 2E-6 5E-9 - - 45 Rhodium-101m D, see 99m Rh 6E+3 1E+4 5E-6 2E-8 8E-5 8E-4 W, see 99m Rh - 8E+3 4E-6 1E-8 - - Y, see 99m Rh - 8E+3 3E-6 1E-8 - - 45 Rhodium-101 D, see 99m Rh 2E+3 5E+2 2E-7 7E-10 3E-5 3E-4 W, see 99m Rh - 8E+2 3E-7 1E-9 - - Y, see 99m Rh - 2E+2 6E-8 2E-10 - - 45 Rhodium-102m D, see 99m Rh 1E+3 5E+2 2E-7 7E-10 - - LLI wall (1E+3)

- - 2E-5 2E-4

W, see 99m Rh - 4E+2 2E-7 5E-10 - - Y, see 99m Rh - 1E+2 5E-8 2E-10 - - 45 Rhodium-102 D, see 99m Rh 6E+2 9E+1 4E-8 1E-10 8E-6 8E-5 W, see 99m Rh - 2E+2 7E-8 2E-10 - - Y, see 99m Rh - 6E+1 2E-8 8E-11 - - 45 Rhodium- 103m D, see 99m Rh 4E+5 1E+6 5E-4 2E-6 6E-3 6E-2 W, see 99m Rh - 1E+6 5E-4 2E-6 - - Y, see 99m Rh - 1E+6 5E-4 2E-6 - - 45 Rhodium-105 D, see 99m Rh 4E+3 1E+4 5E-6 2E-8 - - LLI wall (4E+3)

- - 5E-5 5E-4

W, see 99m Rh - 6E+3 3E-6 9E-9 - - Y, see 99m Rh - 6E+3 2E-6 8E-9 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 45 Rhodium-106m D, see 99m Rh 8E+3 3E+4 1E-5 4E-8 1E-4 1E-3 W, see 99m Rh - 4E+4 2E-5 5E-8 - - Y, see 99m Rh - 4E+4 1E-5 5E-8 - - Rhodium-107 D, see 99m Rh 7E+4 2E+5 1E-4 3E-7 - - St wall (9E+4)

- - 1E-3 1E-2

W, see 99m Rh - 3E+5 1E-4 4E-7 - - Y, see 99m Rh - 3E+5 1E-4 3E-7 - - 46 Palladium-100 D, all compounds except those given for W and Y 1E+3 1E+3 6E-7 2E-9 2E-5 2E-4 W, nitrates - 1E+3 5E-7 2E-9 - - Y, oxides and hydroxides - 1E+3 6E-7 2E-9 - - 46 Palladium-101 D, see Pd 1E+4 3E+4 1E-5 5E-8 2E-4 2E-3 W, see Pd - 3E+4 1E-5 5E-8 - - Y, see Pd - 3E+4 1E-5 4E-8 - - 46 Palladium-103 D, see Pd 6E+3 6E+3 3E-6 9E-9 - - LLI wall (7E+3)

- - 1E-4 1E-3

W, see Pd - 4E+3 2E-6 6E-9 - - Y, see Pd - 4E+3 1E-6 5E-9 - - 46 Palladium-107 D, see Pd 3E+4 2E+4 9E-6 - - - LLI wall (4E+4)

Kidneys (2E+4)

3E-8 5E-4 5E-3

W, see Pd - 7E+3 3E-6 1E-8 - - Y, see Pd - 4E+2 2E-7 6E-10 - - 46 Palladium-109 D, see Pd 2E+3 6E+3 3E-6 9E-9 3E-5 3E-4 W, see Pd - 5E+3 2E-6 8E-9 - - Y, see Pd - 5E+3 2E-6 6E-9 - - Silver-102 D, all compounds except those given for W and Y 5E+4 2E+5 8E-5 2E-7 - - St wall (6E+4)

- - 9E-4 9E-3

W, nitrates and sulfides - 2E+5 9E-5 3E-7 - - Y, oxides and hydroxides - 2E+5 8E-5 3E-7 - - Silver-103 D, see Ag 4E+4 1E+5 4E-5 1E-7 5E-4 5E-3 W, see Ag - 1E+5 5E-5 2E-7 - - Y, see Ag - 1E+5 5E-5 2E-7 - - Silver-104m D, see Ag 3E+4 9E+4 4E-5 1E-7 4E-4 4E-3 W, see Ag - 1E+5 5E-5 2E-7 - - Y, see Ag - 1E+5 5E-5 2E-7 - - Silver-104 D, see Ag 2E+4 7E+4 3E-5 1E-7 3E-4 3E-3 W, see Ag - 1E+5 6E-5 2E-7 - - Y, see Ag - 1E+5 6E-5 2E-7 - - 47 Silver-105 D, see Ag 3E+3 1E+3 4E-7 1E-9 4E-5 4E-4 W, see Ag - 2E+3 7E-7 2E-9 - - Y, see Ag - 2E+3 7E-7 2E-9 - - 47 Silver-106m D, see Ag 8E+2 7E+2 3E-7 1E-9 1E-5 1E-4 W, see Ag - 9E+2 4E-7 1E-9 - - Y, see Ag - 9E+2 4E-7 1E-9 - - Silver-106 D, see Ag 6E+4 2E+5 8E-5 3E-7 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

St. wall (6E+4)

- - 9E-4 9E-3

W, see Ag - 2E+5 9E-5 3E-7 - - Y, see Ag - 2E+5 8E-5 3E-7 - - 47 Silver-108m D, see Ag 6E+2 2E+2 8E-8 3E-10 9E-6 9E-5 W, see Ag - 3E+2 1E-7 4E-10 - - Y, see Ag - 2E+1 1E-8 3E-11 - - 47 Silver-110m D, see Ag 5E+2 1E+2 5E-8 2E-10 6E-6 6E-5 W, see Ag - 2E+2 8E-8 3E-10 - - Y, see Ag - 9E+1 4E-8 1E-10 - - 47 Silver-111 D, see Ag 9E+2 2E+3 6E-7 - - - LLI wall (1E+3)

Liver (2E+3)

2E-9 2E-5 2E-4

W, see Ag - 9E+2 4E-7 1E-9 - - Y, see Ag - 9E+2 4E-7 1E-9 - - 47 Silver-112 D, see Ag 3E+3 8E+3 3E-6 1E-8 4E-5 4E-4 W, see Ag - 1E+4 4E-6 1E-8 - - Y, see Ag - 9E+3 4E-6 1E-8 - - Silver-115 D, see Ag 3E+4 9E+4 4E-5 1E-7 - - St wall (3E+4)

- - 4E-4 4E-3

W, see Ag - 9E+4 4E-5 1E-7 - - Y, see Ag - 8E+4 3E-5 1E-7 - - Cadmium-104 D, all compounds except those given for W and Y 2E+4 7E+4 3E-5 9E-8 3E-4 3E-3 W, sulfides, halides, and nitrates - 1E+5 5E-5 2E-7 - - Y, oxides and hydroxides - 1E+5 5E-5 2E-7 - - 48 Cadmium-107 D, see Cd 2E+4 5E+4 2E-5 8E-8 3E-4 3E-3 W, see Cd - 6E+4 2E-5 8E-8 - - Y, see Cd - 5E+4 2E-5 7E-8 - - 48 Cadmium-109 D, see Cd 3E+2 4E+1 1E-8 - - - Kidneys (4E+2)

Kidneys (5E+1)

7E-11 6E-6 6E-5

W, see Cd - 1E+2 5E-8 - - - - Kidneys (1E+2)

2E-10 - -

Y, see Cd - 1E+2 5E-8 2E-10 - - 48 Cadmium-113m D, see Cd 2E+1 2E+0 1E-9 - - - Kidneys (4E+1)

Kidneys (4E+0)

5E-12 5E-7 5E-6

W, see Cd - 8E+0 4E-9 - - - - Kidneys (1E+1)

2E-11 - -

Y, see Cd - 1E+1 5E-9 2E-11 - - 48 Cadmium-113 D, see Cd 2E+1 2E+0 9E-10 - - - Kidneys (3E+1)

Kidneys (3E+0)

5E-12 4E-7 4E-6

W, see Cd - 8E+0 3E-9 - - - - Kidneys (1E+1)

2E-11 - -

Y, see Cd - 1E+1 6E-9 2E-11 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 48 Cadmium-115m D, see Cd 3E+2 5E+1 2E-8 - 4E-6 4E-5 - Kidneys (8E+1)

1E-10 - -

W, see Cd - 1E+2 5E-8 2E-10 - - Y, see Cd - 1E+2 6E-8 2E-10 - - 48 Cadmium-115 D, see Cd 9E+2 1E+3 6E-7 2E-9 - - LLI wall (1E+3)

- - 1E-5 1E-4

W, see Cd - 1E+3 5E-7 2E-9 - - Y, see Cd - 1E+3 6E-7 2E-9 - - 48 Cadmium-117m D, see Cd 5E+3 1E+4 5E-6 2E-8 6E-5 6E-4 W, see Cd - 2E+4 7E-6 2E-8 - - Y, see Cd - 1E+4 6E-6 2E-8 - - 48 Cadmium-117 D, see Cd 5E+3 1E+4 5E-6 2E-8 6E-5 6E-4 W, see Cd - 2E+4 7E-6 2E-8 - - Y, see Cd - 1E+4 6E-6 2E-8 - - 49 Indium-109 D, all compounds except those given for W 2E+4 4E+4 2E-5 6E-8 3E-4 3E-3 W, oxides, hydroxides, halides, and nitrates - 6E+4 3E-5 9E-8 - - Indium-110 (69.1 min)

D, see In 2E+4 4E+4 2E-5 6E-8 2E-4 2E-3 W, see In - 6E+4 2E-5 8E-8 - - 49 Indium-110 (4.9 h)

D, see In 5E+3 2E+4 7E-6 2E-8 7E-5 7E-4 W, see In - 2E+4 8E-6 3E-8 - - 49 Indium-111 D, see In 4E+3 6E+3 3E-6 9E-9 6E-5 6E-4 W, see In - 6E+3 3E-6 9E-9 - - Indium-112 D, see In 2E+5 6E+5 3E-4 9E-7 2E-3 2E-2 W, see In - 7E+5 3E-4 1E-6 - - Indium-113m D, see In 5E+4 1E+5 6E-5 2E-7 7E-4 7E-3 W, see In - 2E+5 8E-5 3E-7 - - 49 Indium-114m D, see In 3E+2 6E+1 3E-8 9E-11 - - LLI wall (4E+2)

- - 5E-6 5E-5

W, see In - 1E+2 4E-8 1E-10 - - 49 Indium-115m D, see In 1E+4 4E+4 2E-5 6E-8 2E-4 2E-3 W, see In - 5E+4 2E-5 7E-8 - - 49 Indium-115 D, see In 4E+1 1E+0 6E-10 2E-12 5E-7 5E-6 W, see In - 5E+0 2E-9 8E-12 - - Indium-116m D, see In 2E+4 8E+4 3E-5 1E-7 3E-4 3E-3 W, see In - 1E+5 5E-5 2E-7 - - Indium-117m D, see In 1E+4 3E+4 1E-5 5E-8 2E-4 2E-3 W, see In - 4E+4 2E-5 6E-8 - - Indium-117 D, see In 6E+4 2E+5 7E-5 2E-7 8E-4 8E-3 W, see In - 2E+5 9E-5 3E-7 - - Indium-119m D, see In 4E+4 1E+5 5E-5 2E-7 - - St wall (5E+4)

- - 7E-4 7E-3

W, see In - 1E+5 6E-5 2E-7 - - 50 Tin-110 D, all compounds except those given for W 4E+3 1E+4 5E-6 2E-8 5E-5 5E-4 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

W, sulfides, oxides, hydroxides, halides, nitrates, and stannic phosphate - 1E+4 5E-6 2E-8 - - Tin-111 D, see Sn 7E+4 2E+5 9E-5 3E-7 1E-3 1E-2 W, see Sn - 3E+5 1E-4 4E-7 - - 50 Tin-113 D, see Sn 2E+3 1E+3 5E-7 2E-9 - - LLI wall (2E+3)

- - 3E-5 3E-4

W, see Sn - 5E+2 2E-7 8E-10 - - 50 Tin-117m D, see Sn 2E+3 1E+3 5E-7 - - - LLI wall (2E+3)

Bone surf (2E+3)

3E-9 3E-5 3E-4

W, see Sn - 1E+3 6E-7 2E-9 - - 50 Tin-119m D, see Sn 3E+3 2E+3 1E-6 3E-9 - - LLI wall (4E+3)

- - 6E-5 6E-4

W, see Sn - 1E+3 4E-7 1E-9 - - 50 Tin-121m D, see Sn 3E+3 9E+2 4E-7 1E-9 - - LLI wall (4E+3)

- - 5E-5 5E-4

W, see Sn - 5E+2 2E-7 8E-10 - - 50 Tin-121 D, see Sn 6E+3 2E+4 6E-6 2E-8 - - LLI wall (6E+3)

- - 8E-5 8E-4

W, see Sn - 1E+4 5E-6 2E-8 - - Tin-123m D, see Sn 5E+4 1E+5 5E-5 2E-7 7E-4 7E-3 W, see Sn - 1E+5 6E-5 2E-7 - - 50 Tin-123 D, see Sn 5E+2 6E+2 3E-7 9E-10 - - LLI wall (6E+2)

- - 9E-6 9E-5

W, see Sn - 2E+2 7E-8 2E-10 - - 50 Tin-125 D, see Sn 4E+2 9E+2 4E-7 1E-9 - - LLI wall (5E+2)

- - 6E-6 6E-5

W, see Sn - 4E+2 1E-7 5E-10 - - 50 Tin-126 D, see Sn 3E+2 6E+1 2E-8 8E-11 4E-6 4E-5 W, see Sn - 7E+1 3E-8 9E-11 - - 50 Tin-127 D, see Sn 7E+3 2E+4 8E-6 3E-8 9E-5 9E-4 W, see Sn - 2E+4 8E-6 3E-8 - - Tin-128 D, see Sn 9E+3 3E+4 1E-5 4E-8 1E-4 1E-3 W, see Sn - 4E+4 1E-5 5E-8 - - Antimony-115 D, all compounds except those given for W 8E+4 2E+5 1E-4 3E-7 1E-3 1E-2 W, oxides, hydroxides, halides, sulfides, sulfates, and nitrates - 3E+5 1E-4 4E-7 - - 51 Antimony- 116m D, see Sb 2E+4 7E+4 3E-5 1E-7 3E-4 3E-3 W, see Sb - 1E+5 6E-5 2E-7 - - Antimony-116 D, see Sb 7E+4 3E+5 1E-4 4E-7 - - St wall (9E+4)

- - 1E-3 1E-2

Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

W, see Sb - 3E+5 1E-4 5E-7 - - 51 Antimony-117 D, see Sb 7E+4 2E+5 9E-5 3E-7 9E-4 9E-3 W, see Sb - 3E+5 1E-4 4E-7 - - 51 Antimony-118m D, see Sb 6E+3 2E+4 8E-6 3E-8 7E-5 7E-4 W, see Sb 5E+3 2E+4 9E-6 3E-8 - - 51 Antimony-119 D, see Sb 2E+4 5E+4 2E-5 6E-8 2E-4 2E-3 W, see Sb 2E+4 3E+4 1E-5 4E-8 - - Antimony-120 (16 min)

D, see Sb 1E+5 4E+5 2E-4 6E-7 - - St wall (2E+5)

- - 2E-3 2E-2

W, see Sb - 5E+5 2E-4 7E-7 - - 51 Antimony-120 (5.76 d)

D, see Sb 1E+3 2E+3 9E-7 3E-9 1E-5 1E-4 W, see Sb 9E+2 1E+3 5E-7 2E-9 - - 51 Antimony-122 D, see Sb 8E+2 2E+3 1E-6 3E-9 - - LLI wall (8E+2)

- - 1E-5 1E-4

W, see Sb 7E+2 1E+3 4E-7 2E-9 - - 51 Antimony- 124m D, see Sb 3E+5 8E+5 4E-4 1E-6 3E-3 3E-2 W, see Sb 2E+5 6E+5 2E-4 8E-7 - - 51 Antimony-124 D, see Sb 6E+2 9E+2 4E-7 1E-9 7E-6 7E-5 W, see Sb 5E+2 2E+2 1E-7 3E-10 - - 51 Antimony-125 D, see Sb 2E+3 2E+3 1E-6 3E-9 3E-5 3E-4 W, see Sb - 5E+2 2E-7 7E-10 - - 51 Antimony- 126m D, see Sb 5E+4 2E+5 8E-5 3E-7 - - St wall (7E+4)

- - 9E-4 9E-3

W, see Sb - 2E+5 8E-5 3E-7 - - 51 Antimony-126 D, see Sb 6E+2 1E+3 5E-7 2E-9 7E-6 7E-5 W, see Sb 5E+2 5E+2 2E-7 7E-10 - - 51 Antimony-127 D, see Sb 8E+2 2E+3 9E-7 3E-9 - - LLI wall (8E+2)

- - 1E-5 1E-4

W, see Sb 7E+2 9E+2 4E-7 1E-9 - - Antimony-128 (10.4 min)

D, see Sb 8E+4 4E+5 2E-4 5E-7 - - St wall (1E+5)

- - 1E-3 1E-2

W, see Sb - 4E+5 2E-4 6E-7 - - 51 Antimony-128 (9.01 h)

D, see Sb 1E+3 4E+3 2E-6 6E-9 2E-5 2E-4 W, see Sb - 3E+3 1E-6 5E-9 - - 51 Antimony-129 D, see Sb 3E+3 9E+3 4E-6 1E-8 4E-5 4E-4 W, see Sb - 9E+3 4E-6 1E-8 - - Antimony-130 D, see Sb 2E+4 6E+4 3E-5 9E-8 3E-4 3E-3 W, see Sb - 8E+4 3E-5 1E-7 - - Antimony-131 D, see Sb 1E+4 2E+4 1E-5 - - - Thyroid (2E+4)

Thyroid (4E+4)

6E-8 2E-4 2E-3

W, see Sb - 2E+4 1E-5 - - - Thyroid (4E+4)

6E-8 - - 52 Tellurium-116 D, all compounds except those given for W 8E+3 2E+4 9E-6 3E-8 1E-4 1E-3 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

W, oxides, hydroxides, and nitrates - 3E+4 1E-5 4E-8 - - 52 Tellurium-121m D, see Te 5E+2 2E+2 8E-8 - - - Bone surf (7E+2)

Bone surf 4E+2)

5E-10 1E-5 1E-4

W, see Te - 4E+2 2E-7 6E-10 - - 52 Tellurium-121 D, see Te 3E+3 4E+3 2E-6 6E-9 4E-5 4E-4 W, see Te - 3E+3 1E-6 4E-9 - - 52 Tellurium-123m D, see Te 6E+2 2E+2 9E-8 - - - Bone surf (1E+3)

Bone surf (5E+2)

8E-10 1E-5 1E-4

W, see Te - 5E+2 2E-7 8E-10 - - 52 Tellurium-123 D, see Te 5E+2 2E+2 8E-8 - - - Bone surf (1E+3)

Bone surf (5E+2)

7E-10 2E-5 2E-4

W, see Te - 4E+2 2E-7 - - - - Bone surf (1E+3)

2E-9 - - 52 Tellurium-125m D, see Te 1E+3 4E+2 2E-7 - - - Bone surf (1E+3)

Bone surf 1E+3)

1E-9 2E-5 2E-4

W, see Te - 7E+2 3E-7 1E-9 - - 52 Tellurium-127m D, see Te 6E+2 3E+2 1E-7 - 9E-6 9E-5 - Bone surf (4E+2)

6E-10 - -

W, see Te - 3E+2 1E-7 4E-10 - - 52 Tellurium-127 D, see Te 7E+3 2E+4 9E-6 3E-8 1E-4 1E-3 W, see Te - 2E+4 7E-6 2E-8 - - 52 Tellurium-129m D, see Te 5E+2 6E+2 3E-7 9E-10 7E-6 7E-5 W, see Te - 2E+2 1E-7 3E-10 - - Tellurium-129 D, see Te 3E+4 6E+4 3E-5 9E-8 4E-4 4E-3 W, see Te - 7E+4 3E-5 1E-7 - - 52 Tellurium-131m D, see Te 3E+2 4E+2 2E-7 - - - Thyroid (6E+2)

Thyroid (1E+3)

2E-9 8E-6 8E-5

W, see Te - 4E+2 2E-7 - - - - Thyroid (9E+2)

1E-9 - -

Tellurium-131 D, see Te 3E+3 5E+3 2E-6 - - - Thyroid (6E+3)

Thyroid (1E+4)

2E-8 8E-5 8E-4

W, see Te - 5E+3 2E-6 - - - - Thyroid (1E+4)

2E-8 - - 52 Tellurium-132 D, see Te 2E+2 2E+2 9E-8 - - - Thyroid (7E+2)

Thyroid (8E+2)

1E-9 9E-6 9E-5

W, see Te - 2E+2 9E-8 - - - - Thyroid (6E+2)

9E-10 - - 52 Tellurium- 133m D, see Te 3E+3 5E+3 2E-6 - - - Thyroid (6E+3)

Thyroid (1E+4)

2E-8 9E-5 9E-4

W, see Te - 5E+3 2E-6 - - - - Thyroid (1E+4)

2E-8 - -

Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Tellurium-133 D, see Te 1E+4 2E+4 9E-6 - - - Thyroid (3E+4)

Thyroid (6E+4)

8E-8 4E-4 4E-3

W, see Te - 2E+4 9E-6 - - - - Thyroid (6E+4)

8E-8 - -

Tellurium-134 D, see Te 2E+4 2E+4 1E-5 - - - Thyroid (2E+4)

Thyroid (5E+4)

7E-8 3E-4 3E-3

W, see Te - 2E+4 1E-5 - - - - Thyroid (5E+4)

7E-8 - -

Iodine-120m D, all compounds 1E+4 2E+4 9E-6 3E-8 - - Thyroid (1E+4)

- - 2E-4 2E-3

Iodine-120 D, all compounds 4E+3 9E+3 4E-6 - - - Thyroid (8E+3)

Thyroid (1E+4)

2E-8 1E-4 1E-3 53 Iodine-121 D, all compounds 1E+4 2E+4 8E-6 - - - Thyroid (3E+4)

Thyroid (5E+4)

7E-8 4E-4 4E-3 53 Iodine-123 D, all compounds 3E+3 6E+3 3E-6 - - - Thyroid (1E+4)

Thyroid (2E+4)

2E-8 1E-4 1E-3 53 Iodine-124 D, all compounds 5E+1 8E+1 3E-8 - - - Thyroid (2E+2)

Thyroid (3E+2)

4E-10 2E-6 2E-5 53 Iodine-125 D, all compounds 4E+1 6E+1 3E-8 - - - Thyroid (1E+2)

Thyroid (2E+2)

3E-10 2E-6 2E-5 53 Iodine-126 D, all compounds 2E+1 4E+1 1E-8 - - - Thyroid (7E+1)

Thyroid (1E+2)

2E-10 1E-6 1E-5

Iodine-128 D, all compounds 4E+4 1E+5 5E-5 2E-7 - - St wall (6E+4)

- - 8E-4 8E-3 53 Iodine-129 D, all compounds 5E+0 9E+0 4E-9 - - - Thyroid (2E+1)

Thyroid (3E+1)

4E-11 2E-7 2E-6 53 Iodine-130 D, all compounds 4E+2 7E+2 3E-7 - - - Thyroid (1E+3)

Thyroid (2E+3)

3E-9 2E-5 2E-4 53 Iodine-131 D, all compounds 3E+1 5E+1 2E-8 - - - Thyroid (9E+1)

Thyroid (2E+2)

2E-10 1E-6 1E-5

Iodine-132m D, all compounds 4E+3 8E+3 4E-6 - - - Thyroid (1E+4)

Thyroid (2E+4)

3E-8 1E-4 1E-3 53 Iodine-132 D, all compounds 4E+3 8E+3 3E-6 - - - Thyroid (9E+3)

Thyroid (1E+4)

2E-8 1E-4 1E-3 53 Iodine-133 D, all compounds 1E+2 3E+2 1E-7 - - - Thyroid (5E+2)

Thyroid (9E+2)

1E-9 7E-6 7E-5

Iodine-134 D, all compounds 2E+4 5E+4 2E-5 6E-8 - - Thyroid (3E+4)

- - 4E-4 4E-3 53 Iodine-135 D, all compounds 8E+2 2E+3 7E-7 - - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Thyroid (3E+3)

Thyroid (4E+3)

6E-9 3E-5 3E-4

Xenon-120 Submersion - - 1E-5 4E-8 - - Xenon-121 Submersion - - 2E-6 1E-8 - - 54 Xenon-122 Submersion - - 7E-5 3E-7 - - 54 Xenon-123 Submersion - - 6E-6 3E-8 - - 54 Xenon-125 Submersion - - 2E-5 7E-8 - - 54 Xenon-127 Submersion - - 1E-5 6E-8 - - 54 Xenon-129m Submersion - - 2E-4 9E-7 - - 54 Xenon-131m Submersion - - 4E-4 2E-6 - - 54 Xenon-133m Submersion - - 1E-4 6E-7 - - 54 Xenon-133 Submersion - - 1E-4 5E-7 - - Xenon-135m Submersion - - 9E-6 4E-8 - - 54 Xenon-135 Submersion - - 1E-5 7E-8 - - Xenon-138 Submersion - - 4E-6 2E-8 - - Cesium-125 D, all compounds 5E+4 1E+5 6E-5 2E-7 - - St wall (9E+4)

- - 1E-3 1E-2 55 Cesium-127 D, all compounds 6E+4 9E+4 4E-5 1E-7 9E-4 9E-3 55 Cesium-129 D, all compounds 2E+4 3E+4 1E-5 5E-8 3E-4 3E-3 Cesium-130 D, all compounds 6E+4 2E+5 8E-5 3E-7 - - St wall (1E+5)
- - 1E-3 1E-2 55 Cesium-131 D, all compounds 2E+4 3E+4 1E-5 4E-8 3E-4 3E-3 55 Cesium-132 D, all compounds 3E+3 4E+3 2E-6 6E-9 4E-5 4E-4 55 Cesium-134m D, all compounds 1E+5 1E+5 6E-5 2E-7 - - St wall (1E+5)
- - 2E-3 2E-2 55 Cesium-134 D, all compounds 7E+1 1E+2 4E-8 2E-10 9E-7 9E-6 Cesium-135m D, all compounds 1E+5 2E+5 8E-5 3E-7 1E-3 1E-2 55 Cesium-135 D, all compounds 7E+2 1E+3 5E-7 2E-9 1E-5 1E-4 55 Cesium-136 D, all compounds 4E+2 7E+2 3E-7 9E-10 6E-6 6E-5 55 Cesium-137 D, all compounds 1E+2 2E+2 6E-8 2E-10 1E-6 1E-5 Cesium-138 D, all compounds 2E+4 6E+4 2E-5 8E-8 - - St wall (3E+4)
- - 4E-4 4E-3

Barium-126 D, all compounds 6E+3 2E+4 6E-6 2E-8 8E-5 8E-4 56 Barium-128 D, all compounds 5E+2 2E+3 7E-7 2E-9 7E-6 7E-5 Barium-131m D, all compounds 4E+5 1E+6 6E-4 2E-6 - - St wall (5E+5)

- - 7E-3 7E-2 56 Barium-131 D, all compounds 3E+3 8E+3 3E-6 1E-8 4E-5 4E-4 56 Barium-133m D, all compounds 2E+3 9E+3 4E-6 1E-8 - - LLI wall (3E+3)
- - 4E-5 4E-4 56 Barium-133 D, all compounds 2E+3 7E+2 3E-7 9E-10 2E-5 2E-4 56 Barium-135m D, all compounds 3E+3 1E+4 5E-6 2E-8 4E-5 4E-4 Barium-139 D, all compounds 1E+4 3E+4 1E-5 4E-8 2E-4 2E-3 56 Barium-140 D, all compounds 5E+2 1E+3 6E-7 2E-9 - - LLI wall (6E+2)
- - 8E-6 8E-5

Barium-141 D, all compounds 2E+4 7E+4 3E-5 1E-7 3E-4 3E-3 Barium-142 D, all compounds 5E+4 1E+5 6E-5 2E-7 7E-4 7E-3 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 57 Lanthanum- D, all compounds except those given for W 5E+4 1E+5 5E-5 2E-7 6E-4 6E-3 W, oxides and hydroxides - 2E+5 7E-5 2E-7 - - 57 Lanthanum-132 D, see La 3E+3 1E+4 4E-6 1E-8 4E-5 4E-4 W, see La - 1E+4 5E-6 2E-8 - - 57 Lanthanum-135 D, see La 4E+4 1E+5 4E-5 1E-7 5E-4 5E-3 W, see La - 9E+4 4E-5 1E-7 - - 57 Lanthanum-137 D, see La 1E+4 6E+1 3E-8 - 2E-4 2E-3 - Liver (7E+1)

1E-10 - -

W, see La - 3E+2 1E-7 - - - - Liver (3E+2)

4E-10 - - 57 Lanthanum-138 D, see La 9E+2 4E+0 1E-9 5E-12 1E-5 1E-4 W, see La - 1E+1 6E-9 2E-11 - - 57 Lanthanum-140 D, see La 6E+2 1E+3 6E-7 2E-9 9E-6 9E-5 W, see La - 1E+3 5E-7 2E-9 - - 57 Lanthanum-141 D, see La 4E+3 9E+3 4E-6 1E-8 5E-5 5E-4 W, see La - 1E+4 5E-6 2E-8 - - 57 Lanthanum- D, see La 8E+3 2E+4 9E-6 3E-8 1E-4 1E-3 W, see La - 3E+4 1E-5 5E-8 - - 57 Lanthanum- D, see La 4E+4 1E+5 4E-5 1E-7 - - St wall (4E+4)
- - 5E-4 5E-3

W, see La - 9E+4 4E-5 1E-7 - - 58 Cerium-134 W, all compounds except those given for Y 5E+2 7E+2 3E-7 1E-9 - - LLI wall (6E+2)

- - 8E-6 8E-5

Y, oxides, hydroxides, and fluorides - 7E+2 3E-7 9E-10 - - 58 Cerium-135 W, see Ce 2E+3 4E+3 2E-6 5E-9 2E-5 2E-4 Y, see Ce - 4E+3 1E-6 5E-9 - - 58 Cerium-137m W, see Ce 2E+3 4E+3 2E-6 6E-9 - - LLI wall (2E+3)

- - 3E-5 3E-4

Y, see Ce - 4E+3 2E-6 5E-9 - - 58 Cerium-137 W, see Ce 5E+4 1E+5 6E-5 2E-7 7E-4 7E-3 Y, see Ce - 1E+5 5E-5 2E-7 - - 58 Cerium-139 W, see Ce 5E+3 8E+2 3E-7 1E-9 7E-5 7E-4 Y, see Ce - 7E+2 3E-7 9E-10 - - 58 Cerium-141 W, see Ce 2E+3 7E+2 3E-7 1E-9 - - LLI wall (2E+3)

- - 3E-5 3E-4

Y, see Ce - 6E+2 2E-7 8E-10 - - 58 Cerium-143 W, see Ce 1E+3 2E+3 8E-7 3E-9 - - LLI wall (1E+3)

- - 2E-5 2E-4

Y, see Ce - 2E+3 7E-7 2E-9 - - 58 Cerium-144 W, see Ce 2E+2 3E+1 1E-8 4E-11 - - LLI wall (3E+2)

- - 3E-6 3E-5

Y, see Ce - 1E+1 6E-9 2E-11 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 59 Praseodymium- W, all compounds except those given for Y 5E+4 2E+5 1E-4 3E-7 - - St wall (7E+4)

- - 1E-3 1E-2

Y, oxides, hydroxides, carbides, and fluorides - 2E+5 9E-5 3E-7 - 59 Praseodymium- W, see Pr 4E+4 2E+5 6E-5 2E-7 5E-4 5E-3 Y, see Pr - 1E+5 6E-5 2E-7 - - 59 Praseodymium- 138m W, see Pr 1E+4 5E+4 2E-5 8E-8 1E-4 1E-3 Y, see Pr - 4E+4 2E-5 6E-8 - - 59 Praseodymium- W, see Pr 4E+4 1E+5 5E-5 2E-7 6E-4 6E-3 Y, see Pr - 1E+5 5E-5 2E-7 - - 59 Praseodymium- 142m W, see Pr 8E+4 2E+5 7E-5 2E-7 1E-3 1E-2 Y, see Pr - 1E+5 6E-5 2E-7 - - 59 Praseodymium- W, see Pr 1E+3 2E+3 9E-7 3E-9 1E-5 1E-4 Y, see Pr - 2E+3 8E-7 3E-9 - - 59 Praseodymium- W, see Pr 9E+2 8E+2 3E-7 1E-9 - - LLI wall (1E+3)

- - 2E-5 2E-4

Y, see Pr - 7E+2 3E-7 9E-10 - - 59 Praseodymium- W, see Pr 3E+4 1E+5 5E-5 2E-7 - - St wall (4E+4)

- - 6E-4 6E-3

Y, see Pr - 1E+5 5E-5 2E-7 - - 59 Praseodymium- W, see Pr 3E+3 9E+3 4E-6 1E-8 4E-5 4E-4 Y, see Pr - 8E+3 3E-6 1E-8 - - 59 Praseodymium- W, see Pr 5E+4 2E+5 8E-5 3E-7 - - St wall (8E+4)

- - 1E-3 1E-2

Y, see Pr - 2E+5 8E-5 3E-7 - - 60 Neodymium- W, all compounds except those given for Y 1E+4 6E+4 2E-5 8E-8 2E-4 2E-3 Y, oxides, hydroxides, carbides, and fluorides - 5E+4 2E-5 8E-8 - - 60 Neodymium- W, see Nd 2E+3 6E+3 3E-6 9E-9 3E-5 3E-4 Y, see Nd - 5E+3 2E-6 7E-9 - - 60 Neodymium- 139m W, see Nd 5E+3 2E+4 7E-6 2E-8 7E-5 7E-4 Y, see Nd - 1E+4 6E-6 2E-8 - - 60 Neodymium- W, see Nd 9E+4 3E+5 1E-4 5E-7 1E-3 1E-2 Y, see Nd - 3E+5 1E-4 4E-7 - - 60 Neodymium- W, see Nd 2E+5 7E+5 3E-4 1E-6 2E-3 2E-2 Y, see Nd - 6E+5 3E-4 9E-7 - - 60 Neodymium- W, see Nd 1E+3 9E+2 4E-7 1E-9 - - LLI wall (1E+3)

- - 2E-5 2E-4

Y, see Nd - 8E+2 4E-7 1E-9 - - 60 Neodymium- W, see Nd 1E+4 3E+4 1E-5 4E-8 1E-4 1E-3 Y, see Nd - 2E+4 1E-5 3E-8 - - 60 Neodymium- W, see Nd 7E+4 2E+5 8E-5 3E-7 9E-4 9E-3 Y, see Nd - 2E+5 8E-5 3E-7 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 61 Promethium- W, all compounds except those given for Y 5E+4 2E+5 8E-5 3E-7 - - St wall (6E+4)

- - 8E-4 8E-3

Y, oxides, hydroxides, carbides, and fluorides - 2E+5 7E-5 2E-7 - - 61 Promethium- W, see Pm 5E+3 6E+2 2E-7 8E-10 7E-5 7E-4 Y, see Pm - 7E+2 3E-7 1E-9 - - 61 Promethium- W, see Pm 1E+3 1E+2 5E-8 2E-10 2E-5 2E-4 Y, see Pm - 1E+2 5E-8 2E-10 - - 61 Promethium- W, see Pm 1E+4 2E+2 7E-8 - 1E-4 1E-3 - Bone surf (2E+2)

3E-10 - -

Y, see Pm - 2E+2 8E-8 3E-10 - - 61 Promethium- W, see Pm 2E+3 5E+1 2E-8 7E-11 2E-5 2E-4 Y, see Pm - 4E+1 2E-8 6E-11 - - 61 Promethium- W, see Pm 4E+3 1E+2 5E-8 - - - LLI wall (5E+3)

Bone surf (2E+2)

3E-10 7E-5 7E-4

Y, see Pm - 1E+2 6E-8 2E-10 - - 61 Promethium- 148m W, see Pm 7E+2 3E+2 1E-7 4E-10 1E-5 1E-4 Y, see Pm - 3E+2 1E-7 5E-10 - - 61 Promethium- W, see Pm 4E+2 5E+2 2E-7 8E-10 - - LLI wall (5E+2)

- - 7E-6 7E-5

Y, see Pm - 5E+2 2E-7 7E-10 - - 61 Promethium- W, see Pm 1E+3 2E+3 8E-7 3E-9 - - LLI wall (1E+3)

- - 2E-5 2E-4

Y, see Pm - 2E+3 8E-7 2E-9 - - 61 Promethium- W, see Pm 5E+3 2E+4 8E-6 3E-8 7E-5 7E-4 Y, see Pm - 2E+4 7E-6 2E-8 - - 61 Promethium- W, see Pm 2E+3 4E+3 1E-6 5E-9 2E-5 2E-4 Y, see Pm - 3E+3 1E-6 4E-9 - - 62 Samarium- 141m W, all compounds 3E+4 1E+5 4E-5 1E-7 4E-4 4E-3 Samarium-141 W, all compounds 5E+4 2E+5 8E-5 2E-7 - - St wall (6E+4)

- - 8E-4 8E-3

Samarium-142 W, all compounds 8E+3 3E+4 1E-5 4E-8 1E-4 1E-3 62 Samarium-145 W, all compounds 6E+3 5E+2 2E-7 7E-10 8E-5 8E-4 62 Samarium-146 W, all compounds 1E+1 4E+2 1E-11 - - - Bone surf (3E+1)

Bone surf (6E-2)

9E-14 3E-7 3E-6 62 Samarium-147 W, all compounds 2E+1 4E-2 2E-11 - - - Bone surf (3E+1)

Bone surf (7E-2)

1E-13 4E-7 4E-6 62 Samarium-151 W, all compounds 1E+4 1E+2 4E-8 - - - LLI wall (1E+4)

Bone surf (2E+2)

2E-10 2E-4 2E-3 62 Samarium-153 W, all compounds 2E+3 3E+3 1E-6 4E-9 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

LLI wall (2E+3)

- - 3E-5 3E-4

Samarium-155 W, all compounds 6E+4 2E+5 9E-5 3E-7 - - St wall (8E+4)

- - 1E-3 1E-2 62 Samarium-156 W, all compounds 5E+3 9E+3 4E-6 1E-8 7E-5 7E-4 63 Europium-145 W, all compounds 2E+3 2E+3 8E-7 3E-9 2E-5 2E-4 63 Europium-146 W, all compounds 1E+3 1E+3 5E-7 2E-9 1E-5 1E-4 63 Europium-147 W, all compounds 3E+3 2E+3 7E-7 2E-9 4E-5 4E-4 63 Europium-148 W, all compounds 1E+3 4E+2 1E-7 5E-10 1E-5 1E-4 63 Europium-149 W, all compounds 1E+4 3E+3 1E-6 4E-9 2E-4 2E-3 63 Europium-150 (12.62 h)

W, all compounds 3E+3 8E+3 4E-6 1E-8 4E-5 4E-4 63 Europium-150 (34.2 y)

W, all compounds 8E+2 2E+1 8E-9 3E-11 1E-5 1E-4 63 Europium-152m W, all compounds 3E+3 6E+3 3E-6 9E-9 4E-5 4E-4 63 Europium-152 W, all compounds 8E+2 2E+1 1E-8 3E-11 1E-5 1E-4 63 Europium-154 W, all compounds 5E+2 2E+1 8E-9 3E-11 7E-6 7E-5 63 Europium-155 W, all compounds 4E+3 9E+1 4E-8 - 5E-5 5E-4 - Bone surf (1E+2)

2E-10 - - 63 Europium-156 W, all compounds 6E+2 5E+2 2E-7 6E-10 8E-6 8E-5 63 Europium-157 W, all compounds 2E+3 5E+3 2E-6 7E-9 3E-5 3E-4 Europium-158 W, all compounds 2E+4 6E+4 2E-5 8E-8 3E-4 3E-3 64 Gadolinium- D, all compounds except those given for W 5E+4 2E+5 6E-5 2E-7 - - St wall (5E+4)
- - 6E-4 6E-3

W, oxides, hydroxides, and fluorides - 2E+5 7E-5 2E-7 - - 64 Gadolinium-146 D, see Gd 1E+3 1E+2 5E-8 2E-10 2E-5 2E-4 W, see Gd - 3E+2 1E-7 4E-10 - - 64 Gadolinium-147 D, see Gd 2E+3 4E+3 2E-6 6E-9 3E-5 3E-4 W, see Gd - 4E+3 1E-6 5E-9 - - 64 Gadolinium-148 D, see Gd 1E+1 8E-3 3E-12 - - - Bone surf (2E+1)

Bone surf (2E+2)

2E-14 3E-7 3E-6

W, see Gd - 3E-2 1E-11 - - - - Bone surf (6E-2)

8E-14 - - 64 Gadolinium-149 D, see Gd 3E+3 2E+3 9E-7 3E-9 4E-5 4E-4 W, see Gd - 2E+3 1E-6 3E-9 - - 64 Gadolinium-151 D, see Gd 6E+3 4E+2 2E-7 - 9E-5 9E-4 - Bone surf (6E+2)
9E-10 - -

W, see Gd - 1E+3 5E-7 2E-9 - - 64 Gadolinium-152 D, see Gd 2E+1 1E-2 4E-12 - - - Bone surf (3E+1)

Bone surf (2E-2)

3E-14 4E-7 4E-6

W, see Gd - 4E-2 2E-11 - - - - Bone surf (8E-2)

1E-13 - - 64 Gadolinium-153 D, see Gd 5E+3 1E+2 6E-8 - 6E-5 6E-4 - Bone surf (2E+2)
3E-10 - -

W, see Gd - 6E+2 2E-7 8E-10 - - 64 Gadolinium-159 D, see Gd 3E+3 8E+3 3E-6 1E-8 4E-5 4E-4 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

W, see Gd - 6E+3 2E-6 8E-9 - - Terbium-147 W, all compounds 9E+3 3E+4 1E-5 5E-8 1E-4 1E-3 65 Terbium-149 W, all compounds 5E+3 7E+2 3E-7 1E-9 7E-5 7E-4 65 Terbium-150 W, all compounds 5E+3 2E+4 9E-6 3E-8 7E-5 7E-4 65 Terbium-151 W, all compounds 4E+3 9E+3 4E-6 1E-8 5E-5 5E-4 65 Terbium-153 W, all compounds 5E+3 7E+3 3E-6 1E-8 7E-5 7E-4 65 Terbium-154 W, all compounds 2E+3 4E+3 2E-6 6E-9 2E-5 2E-4 65 Terbium-155 W, all compounds 6E+3 8E+3 3E-6 1E-8 8E-5 8E-4 65 Terbium-156m (5.0 h)

W, all compounds 2E+4 3E+4 1E-5 4E-8 2E-4 2E-3 65 Terbium-156m (24.4 h)

W, all compounds 7E+3 8E+3 3E-6 1E-8 1E-4 1E-3 65 Terbium-156 W, all compounds 1E+3 1E+3 6E-7 2E-9 1E-5 1E-4 65 Terbium-157 W, all compounds 5E+4 3E+2 1E-7 - - - LLI wall (5E+4)

Bone surf (6E+2)

8E-10 7E-4 7E-3 65 Terbium-158 W, all compounds 1E+3 2E+1 8E-9 3E-11 2E-5 2E-4 65 Terbium-160 W, all compounds 8E+2 2E+2 9E-8 3E-10 1E-5 1E-4 65 Terbium-161 W, all compounds 2E+3 2E+3 7E-7 2E-9 - - LLI wall (2E+3)
- - 3E-5 3E-4 66 Dysprosium- W, all compounds 9E+3 3E+4 1E-5 4E-8 1E-4 1E-3 66 Dysprosium- W, all compounds 2E+4 6E+4 3E-5 9E-8 3E-4 3E-3 66 Dysprosium- W, all compounds 1E+4 2E+3 1E-6 3E-9 2E-4 2E-3 66 Dysprosium- W, all compounds 1E+4 5E+4 2E-5 6E-8 2E-4 2E-3 66 Dysprosium- W, all compounds 6E+2 7E+2 3E-7 1E-9 - - LLI wall (8E+2)
- - 1E-5 1E-4

Holmium-155 W, all compounds 4E+4 2E+5 6E-5 2E-7 6E-4 6E-3 Holmium-157 W, all compounds 3E+5 1E+6 6E-4 2E-6 4E-3 4E-2 Holmium-159 W, all compounds 2E+5 1E+6 4E-4 1E-6 3E-3 3E-2 67 Holmium-161 W, all compounds 1E+5 4E+5 2E-4 6E-7 1E-3 1E-2 67 Holmium- 162m W, all compounds 5E+4 3E+5 1E-4 4E-7 7E-4 7E-3 Holmium-162 W, all compounds 5E+5 2E+6 1E-3 3E-6 - - St wall (8E+5)

- - 1E-2 1E-1 67 Holmium- 164m W, all compounds 1E+5 3E+5 1E-4 4E-7 1E-3 1E-2 Holmium-164 W, all compounds 2E+5 6E+5 3E-4 9E-7 - - St wall (2E+5)
- - 3E-3 3E-2 67 Holmium-166m W, all compounds 6E+2 7E+0 3E-9 9E-12 9E-6 9E-5 67 Holmium-166 W, all compounds 9E+2 2E+3 7E-7 2E-9 - - LLI wall (9E+2)
- - 1E-5 1E-4 67 Holmium-167 W, all compounds 2E+4 6E+4 2E-5 8E-8 2E-4 2E-3 68 Erbium-161 W, all compounds 2E+4 6E+4 3E-5 9E-8 2E-4 2E-3 68 Erbium-165 W, all compounds 6E+4 2E+5 8E-5 3E-7 9E-4 9E-3 68 Erbium-169 W, all compounds 3E+3 3E+3 1E-6 4E-9 - - LLI wall (4E+3)
- - 5E-5 5E-4 68 Erbium-171 W, all compounds 4E+3 1E+4 4E-6 1E-8 5E-5 5E-4 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 68 Erbium-172 W, all compounds 1E+3 1E+3 6E-7 2E-9 - - LLI wall (1E+3)

- - 2E-5 2E-4

Thulium-162 W, all compounds 7E+4 3E+5 1E-4 4E-7 - - St wall (7E+4)

- - 1E-3 1E-2 69 Thulium-166 W, all compounds 4E+3 1E+4 6E-6 2E-8 6E-5 6E-4 69 Thulium-167 W, all compounds 2E+3 2E+3 8E-7 3E-9 - - LLI wall (2E+3)
- - 3E-5 3E-4 69 Thulium-170 W, all compounds 8E+2 2E+2 9E-8 3E-10 - - LLI wall (1E+3)
- - 1E-5 1E-4 69 Thulium-171 W, all compounds 1E+4 3E+2 1E-7 - - - LLI wall (1E+4)

Bone surf (6E+2)

8E-10 2E-4 2E-3 69 Thulium-172 W, all compounds 7E+2 1E+3 5E-7 2E-9 - - LLI wall (8E+2)
- - 1E-5 1E-4 69 Thulium-173 W, all compounds 4E+3 1E+4 5E-6 2E-8 6E-5 6E-4 Thulium-175 W, all compounds 7E+4 3E+5 1E-4 4E-7 - - St wall (9E+4)
- - 1E-3 1E-2

Ytterbium-162 W, all compounds except those given for Y 7E+4 3E+5 1E-4 4E-7 1E-3 1E-2 Y, oxides, hydroxides, and fluorides - 3E+5 1E-4 4E-7 - - 70 Ytterbium-166 W, see Yb 1E+3 2E+3 8E-7 3E-9 2E-5 2E-4 Y, see Yb - 2E+3 8E-7 3E-9 - - Ytterbium-167 W, see Yb 3E+5 8E+5 3E-4 1E-6 4E-3 4E-2 Y, see Yb - 7E+5 3E-4 1E-6 - - 70 Ytterbium-169 W, see Yb 2E+3 8E+2 4E-7 1E-9 2E-5 2E-4 Y, see 162Yb - 7E+2 3E-7 1E-9 - - 70 Ytterbium-175 W, see Yb 3E+3 4E+3 1E-6 5E-9 - - LLI wall (3E+3)

- - 4E-5 4E-4

Y, see Yb - 3E+3 1E-6 5E-9 - - Ytterbium-177 W, see Yb 2E+4 5E+4 2E-5 7E-8 2E-4 2E-3 Y, see Yb - 5E+4 2E-5 6E-8 - - Ytterbium-178 W, see Yb 1E+4 4E+4 2E-5 6E-8 2E-4 2E-3 Y, see Yb - 4E+4 2E-5 5E-8 - - 71 Lutetium-169 W, all compounds except those given for Y 3E+3 4E+3 2E-6 6E-9 3E-5 3E-4 Y, oxides, hydroxides, and fluorides - 4E+3 2E-6 6E-9 - - 71 Lutetium-170 W, see Lu 1E+3 2E+3 9E-7 3E-9 2E-5 2E-4 Y, see Lu - 2E+3 8E-7 3E-9 - - 71 Lutetium-171 W, see Lu 2E+3 2E+3 8E-7 3E-9 3E-5 3E-4 Y, see Lu - 2E+3 8E-7 3E-9 - - 71 Lutetium-172 W, see Lu 1E+3 1E+3 5E-7 2E-9 1E-5 1E-4 Y, see Lu - 1E+3 5E-7 2E-9 - - 71 Lutetium-173 W, see Lu 5E+3 3E+2 1E-7 - 7E-5 7E-4 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Bone surf (5E+2)
6E-10 - -

Y, see Lu - 3E+2 1E-7 4E-10 - - 71 Lutetium-174m W, see Lu 2E+3 2E+2 1E-7 - - - LLI wall (3E+3)

Bone surf (3E+2)

5E-10 4E-5 4E-4

Y, see Lu - 2E+2 9E-8 3E-10 - - 71 Lutetium-174 W, see Lu 5E+3 1E+2 5E-8 - 7E-5 7E-4 - Bone surf (2E+2)

3E-10 - -

Y, see Lu - 2E+2 6E-8 2E-10 - - 71 Lutetium-176m W, see Lu 8E+3 3E+4 1E-5 3E-8 1E-4 1E-3 Y, see Lu - 2E+4 9E-6 3E-8 - - 71 Lutetium-176 W, see Lu 7E+2 5E+0 2E-9 - 1E-5 1E-4 - Bone surf (1E+1)

2E-11 - -

Y, see Lu - 8E+0 3E-9 1E-11 - - 71 Lutetium-177m W, see Lu 7E+2 1E+2 5E-8 - 1E-5 1E-4 - Bone surf (1E+2)

2E-10 - -

Y, see Lu - 8E+1 3E-8 1E-10 - - 71 Lutetium-177 W, see Lu 2E+3 2E+3 9E-7 3E-9 - - LLI wall (3E+3)

- - 4E-5 4E-4

Y, see Lu - 2E+3 9E-7 3E-9 - - Lutetium-178m W, see Lu 5E+4 2E+5 8E-5 3E-7 - - St. wall (6E+4)

- - 8E-4 8E-3

Y, see Lu - 2E+5 7E-5 2E-7 - - Lutetium-178 W, see Lu 4E+4 1E+5 5E-5 2E-7 - - St wall (4E+4)

- - 6E-4 6E-3

Y, see Lu - 1E+5 5E-5 2E-7 - - 71 Lutetium-179 W, see Lu 6E+3 2E+4 8E-6 3E-8 9E-5 9E-4 Y, see Lu - 2E+4 6E-6 3E-8 - - 72 Hafnium-170 D, all compounds except those given for W 3E+3 6E+3 2E-6 8E-9 4E-5 4E-4 W, oxides, hydroxides, carbides, and nitrates - 5E+3 2E-6 6E-9 - - 72 Hafnium-172 D, see Hf 1E+3 9E+0 4E-9 - 2E-5 2E-4 - Bone surf (2E+1)

3E-11 - -

W, see Hf - 4E+1 2E-8 - - - - Bone surf (6E+1)

8E-11 - - 72 Hafnium-173 D, see Hf 5E+3 1E+4 5E-6 2E-8 7E-5 7E-4 W, see Hf - 1E+4 5E-6 2E-8 - - 72 Hafnium-175 D, see Hf 3E+3 9E+2 4E-7 - 4E-5 4E-4 - Bone surf (1E+3)
1E-9 - -

W, see Hf - 1E+3 5E-7 2E-9 - - Hafnium-177m D, see Hf 2E+4 6E+4 2E-5 8E-8 3E-4 3E-3 W, see Hf - 9E+4 4E-5 1E-7 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 72 Hafnium-178m D, see Hf 3E+2 1E+0 5E-10 - 3E-6 3E-5 - Bone surf (2E+0)

3E-12 - -

W, see Hf - 5E+0 2E-9 - - - - Bone surf (9E+0)

1E-11 - - 72 Hafnium-179m D, see Hf 1E+3 3E+2 1E-7 - 1E-5 1E-4 - Bone surf (6E+2)
8E-10 - -

W, see Hf - 6E+2 3E-7 8E-10 - - 72 Hafnium-180m D, see Hf 7E+3 2E+4 9E-6 3E-8 1E-4 1E-3 W, see Hf - 3E+4 1E-5 4E-8 - - 72 Hafnium-181 D, see Hf 1E+3 2E+2 7E-8 - 2E-5 2E-4 - Bone surf (4E+2)

6E-10 - -

W, see Hf - 4E+2 2E-7 6E-10 - - Hafnium-182m D, see Hf 4E+4 9E+4 4E-5 1E-7 5E-4 5E-3 W, see Hf - 1E+5 6E-5 2E-7 - - 72 Hafnium-182 D, see Hf 2E+2 8E-1 3E-10 - - - Bone surf (4E+2)

Bone surf (2E+0)

2E-12 5E-6 5E-5

W, see Hf - 3E+0 1E-9 - - - - Bone surf (7E+0)

1E-11 - -

Hafnium-183 D, see Hf 2E+4 5E+4 2E-5 6E-8 3E-4 3E-3 W, see Hf - 6E+4 2E-5 8E-8 - - 72 Hafnium-184 D, see Hf 2E+3 8E+3 3E-6 1E-8 3E-5 3E-4 W, see Hf - 6E+3 3E-6 9E-9 - - Tantalum-172 W, all compounds except those given for Y 4E+4 1E+5 5E-5 2E-7 5E-4 5E-3 Y, elemental Ta, oxides, hydroxides, halides, carbides, nitrates, and nitrides - 1E+5 4E-5 1E-7 - - 73 Tantalum-173 W, see Ta 7E+3 2E+4 8E-6 3E-8 9E-5 9E-4 Y, see Ta - 2E+4 7E-6 2E-8 - - Tantalum-174 W, see Ta 3E+4 1E+5 4E-5 1E-7 4E-4 4E-3 Y, see Ta - 9E+4 4E-5 1E-7 - - 73 Tantalum-175 W, see Ta 6E+3 2E+4 7E-6 2E-8 8E-5 8E-4 Y, see Ta - 1E+4 6E-6 2E-8 - - 73 Tantalum-176 W, see Ta 4E+3 1E+4 5E-6 2E-8 5E-5 5E-4 Y, see Ta - 1E+4 5E-6 2E-8 - - 73 Tantalum-177 W, see Ta 1E+4 2E+4 8E-6 3E-8 2E-4 2E-3 Y, see Ta - 2E+4 7E-6 2E-8 - - 73 Tantalum-178 W, see Ta 2E+4 9E+4 4E-5 1E-7 2E-4 2E-3 Y, see Ta - 7E+4 3E-5 1E-7 - - 73 Tantalum-179 W, see Ta 2E+4 5E+3 2E-6 8E-9 3E-4 3E-3 Y, see Ta - 9E+2 4E-7 1E-9 - - 73 Tantalum-180m W, see Ta 2E+4 7E+4 3E-5 9E-8 3E-4 3E-3 Y, see Ta - 6E+4 2E-5 8E-8 - - 73 Tantalum-180 W, see Ta 1E+3 4E+2 2E-7 6E-10 2E-5 2E-4 Y, see Ta - 2E+1 1E-8 3E-11 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 73 Tantalum- 182m W, see Ta 2E+5 5E+5 2E-4 8E-7 - - St wall (2E+5)

- - 3E-3 3E-2

Y, see Ta - 4E+5 2E-4 6E-7 - - 73 Tantalum-182 W, see Ta 8E+2 3E+2 1E-7 5E-10 1E-5 1E-4 Y, see Ta - 1E+2 6E-8 2E-10 - - 73 Tantalum-183 W, see Ta 9E+2 1E+3 5E-7 2E-9 - - LLI wall (1E+3)

- - 2E-5 2E-4

Y, see Ta - 1E+3 4E-7 1E-9 - - 73 Tantalum-184 W, see Ta 2E+3 5E+3 2E-6 8E-9 3E-5 3E-4 Y, see Ta - 5E+3 2E-6 7E-9 - - Tantalum-185 W, see Ta 3E+4 7E+4 3E-5 1E-7 4E-4 4E-3 Y, see Ta - 6E+4 3E-5 9E-8 - - Tantalum-186 W, see Ta 5E+4 2E+5 1E-4 3E-7 - - St wall (7E+4)

- - 1E-3 1E-2

Y, see Ta - 2E+5 9E-5 3E-7 - - 74 Tungsten-176 D, all compounds 1E+4 5E+4 2E-5 7E-8 1E-4 1E-3 74 Tungsten-177 D, all compounds 2E+4 9E+4 4E-5 1E-7 3E-4 3E-3 74 Tungsten-178 D, all compounds 5E+3 2E+4 8E-6 3E-8 7E-5 7E-4 Tungsten-179 D, all compounds 5E+5 2E+6 7E-4 2E-6 7E-3 7E-2 74 Tungsten-181 D, all compounds 2E+4 3E+4 1E-5 5E-8 2E-4 2E-3 74 Tungsten-185 D, all compounds 2E+3 7E+3 3E-6 9E-9 - - LLI wall (3E+3)

- - 4E-5 4E-4 74 Tungsten-187 D, all compounds 2E+3 9E+3 4E-6 1E-8 3E-5 3E-4 74 Tungsten-188 D, all compounds 4E+2 1E+3 5E-7 2E-9 - - LLI wall (5E+2)
- - 7E-6 7E-5

Rhenium-177 D, all compounds except those given for W 9E+4 3E+5 1E-4 4E-7 - - St wall (1E+5)

- - 2E-3 2E-2

W, oxides, hydroxides, and nitrates - 4E+5 1E-4 5E-7 - - Rhenium-178 D, see Re 7E+4 3E+5 1E-4 4E-7 - - St wall (1E+5)

- - 1E-3 1E-2

W, see Re - 3E+5 1E-4 4E-7 - - 75 Rhenium-181 D, see Re 5E+3 9E+3 4E-6 1E-8 7E-5 7E-4 W, see Re - 9E+3 4E-6 1E-8 - - 75 Rhenium-182 (12.7 h)

D, see Re 7E+3 1E+4 5E-6 2E-8 9E-5 9E-4 W, see Re - 2E+4 6E-6 2E-8 - - 75 Rhenium-182 (64.0 h)

D, see Re 1E+3 2E+3 1E-6 3E-9 2E-5 2E-4 W, see Re - 2E+3 9E-7 3E-9 - - 75 Rhenium-184m D, see Re 2E+3 3E+3 1E-6 4E-9 3E-5 3E-4 W, see Re - 4E+2 2E-7 6E-10 - - 75 Rhenium-184 D, see Re 2E+3 4E+3 1E-6 5E-9 3E-5 3E-4 W, see Re - 1E+3 6E-7 2E-9 - - 75 Rhenium-186m D, see Re 1E+3 2E+3 7E-7 - - - St wall (2E+3)

St wall (2E+3)

3E-9 2E-5 2E-4

W, see Re - 2E+2 6E-8 2E-10 - - 75 Rhenium-186 D, see Re 2E+3 3E+3 1E-6 4E-9 3E-5 3E-4 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

W, see Re - 2E+3 7E-7 2E-9 - - 75 Rhenium-187 D, see Re 6E+5 8E+5 4E-4 - 8E-3 8E-2 - St wall (9E+5)

1E-6 - -

W, see Re - 1E+5 4E-5 1E-7 - - 75 Rhenium- 188m D, see Re 8E+4 1E+5 6E-5 2E-7 1E-3 1E-2 W, see Re - 1E+5 6E-5 2E-7 - - 75 Rhenium-188 D, see Re 2E+3 3E+3 1E-6 4E-9 2E-5 2E-4 W, see Re - 3E+3 1E-6 4E-9 - - 75 Rhenium-189 D, see Re 3E+3 5E+3 2E-6 7E-9 4E-5 4E-4 W, see Re - 4E+3 2E-6 6E-9 - - Osmium-180 D, all compounds except those given for W and Y 1E+5 4E+5 2E-4 5E-7 1E-3 1E-2 W, halides and nitrates - 5E+5 2E-4 7E-7 - - Y, oxides and hydroxides - 5E+5 2E-4 6E-7 - - Osmium-181 D, see Os 1E+4 4E+4 2E-5 6E-8 2E-4 2E-3 W, see Os - 5E+4 2E-5 6E-8 - - Y, see Os - 4E+4 2E-5 6E-8 - - 76 Osmium-182 D, see Os 2E+3 6E+3 2E-6 8E-9 3E-5 3E-4 W, see Os - 4E+3 2E-6 6E-9 - - Y, see Os - 4E+3 2E-6 6E-9 - - 76 Osmium-185 D, see Os 2E+3 5E+2 2E-7 7E-10 3E-5 3E-4 W, see Os - 8E+2 3E-7 1E-9 - - Y, see Os - 8E+2 3E-7 1E-9 - - 76 Osmium-189m D, see Os 8E+4 2E+5 1E-4 3E-7 1E-3 1E-2 W, see Os - 2E+5 9E-5 3E-7 - - Y, see Os - 2E+5 7E-5 2E-7 - - 76 Osmium-191m D, see Os 1E+4 3E+4 1E-5 4E-8 2E-4 2E-3 W, see Os - 2E+4 8E-6 3E-8 - - Y, see Os - 2E+4 7E-6 2E-8 - - 76 Osmium-191 D, see Os 2E+3 2E+3 9E-7 3E-9 - - LLI wall (3E+3)

- - 3E-5 3E-4

W, see Os - 2E+3 7E-7 2E-9 - - Y, see Os - 1E+3 6E-7 2E-9 - - 76 Osmium-193 D, see Os 2E+3 5E+3 2E-6 6E-9 - - LLI wall (2E+3)

- - 2E-5 2E-4

W, see Os - 3E+3 1E-6 4E-9 - - Y, see Os - 3E+3 1E-6 4E-9 - - 76 Osmium-194 D, see Os 4E+2 4E+1 2E-8 6E-11 - - LLI wall (6E+2)

- - 8E-6 8E-5

W, see Os - 6E+1 2E-8 8E-11 - - Y, see Os - 8E+0 3E-9 1E-11 - - Iridium-182 D, all compounds except those given for W and Y 4E+4 1E+5 6E-5 2E-7 - - St wall (4E+4)

- - 6E-4 6E-3

W, halides, nitrates, and metallic iridium - 2E+5 6E-5 2E-7 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Y, oxides and hydroxides - 1E+5 5E-5 2E-7 - - 77 Iridium-184 D, see Ir 8E+3 2E+4 1E-5 3E-8 1E-4 1E-3 W, see Ir - 3E+4 1E-5 5E-8 - - Y, see Ir - 3E+4 1E-5 4E-8 - - 77 Iridium-185 D, see Ir 5E+3 1E+4 5E-6 2E-8 7E-5 7E-4 W, see Ir - 1E+4 5E-6 2E-8 - - Y, see Ir - 1E+4 4E-6 1E-8 - - 77 Iridium-186 D, see Ir 2E+3 8E+3 3E-6 1E-8 3E-5 3E-4 W, see Ir - 6E+3 3E-6 9E-9 - - Y, see Ir - 6E+3 2E-6 8E-9 - - 77 Iridium-187 D, see Ir 1E+4 3E+4 1E-5 5E-8 1E-4 1E-3 W, see Ir - 3E+4 1E-5 4E-8 - - Y, see Ir - 3E+4 1E-5 4E-8 - - 77 Iridium-188 D, see Ir 2E+3 5E+3 2E-6 6E-9 3E-5 3E-4 W, see Ir - 4E+3 1E-6 5E-9 - - Y, see Ir - 3E+3 1E-6 5E-9 - - 77 Iridium-189 D, see Ir 5E+3 5E+3 2E-6 7E-9 - - LLI wall (5E+3)

- - 7E-5 7E-4

W, see Ir - 4E+3 2E-6 5E-9 - - Y, see Ir - 4E+3 1E-6 5E-9 - - Iridium-190m D, see Ir 2E+5 2E+5 8E-5 3E-7 2E-3 2E-2 W, see Ir - 2E+5 9E-5 3E-7 - - Y, see Ir - 2E+5 8E-5 3E-7 - - 77 Iridium-190 D, see Ir 1E+3 9E+2 4E-7 1E-9 1E-5 1E-4 W, see Ir - 1E+3 4E-7 1E-9 - - Y, see Ir - 9E+2 4E-7 1E-9 - - 77 Iridium-192m D, see Ir 3E+3 9E+1 4E-8 1E-10 4E-5 4E-4 W, see Ir - 2E+2 9E-8 3E-10 - - Y, see Ir - 2E+1 6E-9 2E-11 - - 77 Iridium-192 D, see Ir 9E+2 3E+2 1E-7 4E-10 1E-5 1E-4 W, see Ir - 4E+2 2E-7 6E-10 - - Y, see Ir - 2E+2 9E-8 3E-10 - - 77 Iridium-194m D, see Ir 6E+2 9E+1 4E-8 1E-10 9E-6 9E-5 W, see Ir - 2E+2 7E-8 2E-10 - - Y, see Ir - 1E+2 4E-8 1E-10 - - 77 Iridium-194 D, see Ir 1E+3 3E+3 1E-6 4E-9 1E-5 1E-4 W, see Ir - 2E+3 9E-7 3E-9 - - Y, see Ir - 2E+3 8E-7 3E-9 - - 77 Iridium-195m D, see Ir 8E+3 2E+4 1E-5 3E-8 1E-4 1E-3 W, see Ir - 3E+4 1E-5 4E-8 - - Y, see Ir - 2E+4 9E-6 3E-8 - - 77 Iridium-195 D, see Ir 1E+4 4E+4 2E-5 6E-8 2E-4 2E-3 W, see Ir - 5E+4 2E-5 7E-8 - - Y, see Ir - 4E+4 2E-5 6E-8 - - 78 Platinum-186 D, all compounds 1E+4 4E+4 2E-5 5E-8 2E-4 2E-3 78 Platinum-188 D, all compounds 2E+3 2E+3 7E-7 2E-9 2E-5 2E-4 78 Platinum-189 D, all compounds 1E+4 3E+4 1E-5 4E-8 1E-4 1E-3 78 Platinum-191 D, all compounds 4E+3 8E+3 4E-6 1E-8 5E-5 5E-4 78 Platinum-193m D, all compounds 3E+3 6E+3 3E-6 8E-9 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

LLI wall (3E+4)

- - 4E-5 4E-4 78 Platinum-193 D, all compounds 4E+4 2E+4 1E-5 3E-8 - - LLI wall (5E+4)
- - 6E-4 6E-3 78 Platinum-195m D, all compounds 2E+3 4E+3 2E-6 6E-9 - - LLI wall (2E+3)
- - 3E-5 3E-4 78 Platinum- 197m D, all compounds 2E+4 4E+4 2E-5 6E-8 2E-4 2E-3 78 Platinum-197 D, all compounds 3E+3 1E+4 4E-6 1E-8 4E-5 4E-4 Platinum-199 D, all compounds 5E+4 1E+5 6E-5 2E-7 7E-4 7E-3 78 Platinum-200 D, all compounds 1E+3 3E+3 1E-6 5E-9 2E-5 2E-4 79 Gold-193 D, all compounds except those given for W and Y 9E+3 3E+4 1E-5 4E-8 1E-4 1E-3 W, halides and nitrates - 2E+4 9E-6 3E-8 - - Y, oxides and hydroxides - 2E+4 8E-6 3E-8 - - 79 Gold-194 D, see Au 3E+3 8E+3 3E-6 1E-8 4E-5 4E-4 W, see Au - 5E+3 2E-6 8E-9 - - Y, see Au - 5E+3 2E-6 7E-9 - - 79 Gold-195 D, see Au 5E+3 1E+4 5E-6 2E-8 7E-5 7E-4 W, see Au - 1E+3 6E-7 2E-9 - - Y, see Au - 4E+2 2E-7 6E-10 - - 79 Gold-198m D, see Au 1E+3 3E+3 1E-6 4E-9 1E-5 1E-4 W, see Au - 1E+3 5E-7 2E-9 - - Y, see Au - 1E+3 5E-7 2E-9 - - 79 Gold-198 D, see Au 1E+3 4E+3 2E-6 5E-9 2E-5 2E-4 W, see Au - 2E+3 8E-7 3E-9 - - Y, see Au - 2E+3 7E-7 2E-9 - - 79 Gold-199 D, see Au 3E+3 9E+3 4E-6 1E-8 - - LLI wall (3E+3)
- - 4E-5 4E-4

W, see Au - 4E+3 2E-6 6E-9 - - Y, see Au - 4E+3 2E-6 5E-9 - - 79 Gold-200m D, see Au 1E+3 4E+3 1E-6 5E-9 2E-5 2E-4 W, see Au - 3E+3 1E-6 4E-9 - - Y, see Au - 2E+4 1E-6 3E-9 - - Gold-200 D, see Au 3E+4 6E+4 3E-5 9E-8 4E-4 4E-3 W, see Au - 8E+4 3E-5 1E-7 - - Y, see Au - 7E+4 3E-5 1E-7 - - Gold-201 D, see Au 7E+4 2E+5 9E-5 3E-7 - - St wall (9E+4)

- - 1E-3 1E-2

W, see Au - 2E+5 1E-4 3E-7 - - Y, see Au - 2E+5 9E-5 3E-7 - - 80 Mercury-193m Vapor - 8E+3 4E-6 1E-8 - - Organic D 4E+3 1E+4 5E-6 2E-8 6E-5 6E-4 D, sulfates 3E+3 9E+3 4E-6 1E-8 4E-5 4E-4 W, oxides, hydroxides, halides, nitrates, and sulfides - 8E+3 3E-6 1E-8 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 80 Mercury-193 Vapor - 3E+4 1E-5 4E-8 - - Organic D 2E+4 6E+4 3E-5 9E-8 3E-4 3E-3 D, see 193m Hg 2E+4 4E+4 2E-5 6E-8 2E-4 2E-3 W, see 193m Hg - 4E+4 2E-5 6E-8 - - 80 Mercury-194 Vapor - 3E+1 1E-8 4E-11 - - Organic D 2E+1 3E+1 1E-8 4E-11 2E-7 2E-6 D, see 193m Hg 8E+2 4E+1 2E-8 6E-11 1E-5 1E-4 W, see 193m Hg - 1E+2 5E-8 2E-10 - - 80 Mercury-195m Vapor - 4E+3 2E-6 6E-9 - - Organic D 3E+3 6E+3 3E-6 8E-9 4E-5 4E-4 D, see 193m Hg 2E+3 5E+3 2E-6 7E-9 3E-5 3E-4 W, see 193m Hg - 4E+3 2E-6 5E-9 - - 80 Mercury-195 Vapor - 3E+4 1E-5 4E-8 - - Organic D 2E+4 5E+4 2E-5 6E-8 2E-4 2E-3 D, see 193m Hg 1E+4 4E+4 1E-5 5E-8 2E-4 2E-3 W, see 193m Hg - 3E+4 1E-5 5E-8 - - 80 Mercury-197m Vapor - 5E+3 2E-6 7E-9 - - Organic D 4E+3 9E+3 4E-6 1E-8 5E-5 5E-4 D, see 193m Hg 3E+3 7E+3 3E-6 1E-8 4E-5 4E-4 W, see 193m Hg - 5E+3 2E-6 7E-9 - - 80 Mercury-197 Vapor - 8E+3 4E-6 1E-8 - - Organic D 7E+3 1E+4 6E-6 2E-8 9E-5 9E-4 D, see 193m Hg 6E+3 1E+4 5E-6 2E-8 8E-5 8E-4 W, see 193m Hg - 9E+3 4E-6 1E-8 - - Mercury-199m Vapor - 8E+4 3E-5 1E-7 - - Organic D 6E+4 2E+5 7E-5 2E-7 - - St wall (1E+5)

- - 1E-3 1E-2

D, see 193m Hg 6E+4 1E+5 6E-5 2E-7 8E-4 8E-3 W, see 193m Hg - 2E+5 7E-5 2E-7 - - 80 Mercury-203 Vapor - 8E+2 4E-7 1E-9 - - Organic D 5E+2 8E+2 3E-7 1E-9 7E-6 7E-5 D, see 193m Hg 2E+3 1E+3 5E-7 2E-9 3E-5 3E-4 W, see 193m Hg - 1E+3 5E-7 2E-9 - - Thallium-194m D, all compounds 5E+4 2E+5 6E-5 2E-7 - - St wall (7E+4)

- - 1E-3 1E-2

Thallium-194 D, all compounds 3E+5 6E+5 2E-4 8E-7 - - St wall (3E+5)

- - 4E-3 4E-2

Thallium-195 D, all compounds 6E+4 1E+5 5E-5 2E-7 9E-4 9E-3 81 Thallium-197 D, all compounds 7E+4 1E+5 5E-5 2E-7 1E-3 1E-2 Thallium-198m D, all compounds 3E+4 5E+4 2E-5 8E-8 4E-4 4E-3 81 Thallium-198 D, all compounds 2E+4 3E+4 1E-5 5E-8 3E-4 3E-3 81 Thallium-199 D, all compounds 6E+4 8E+4 4E-5 1E-7 9E-4 9E-3 81 Thallium-200 D, all compounds 8E+3 1E+4 5E-6 2E-8 1E-4 1E-3 81 Thallium-201 D, all compounds 2E+4 2E+4 9E-6 3E-8 2E-4 2E-3 81 Thallium-202 D, all compounds 4E+3 5E+3 2E-6 7E-9 5E-5 5E-4 81 Thallium-204 D, all compounds 2E+3 2E+3 9E-7 3E-9 2E-5 2E-4 Lead-195m D, all compounds 6E+4 2E+5 8E-5 3E-7 8E-4 8E-3 82 Lead-198 D, all compounds 3E+4 6E+4 3E-5 9E-8 4E-4 4E-3 Lead-199 D, all compounds 2E+4 7E+4 3E-5 1E-7 3E-4 3E-3 82 Lead-200 D, all compounds 3E+3 6E+3 3E-6 9E-9 4E-5 4E-4 82 Lead-201 D, all compounds 7E+3 2E+4 8E-6 3E-8 1E-4 1E-3 82 Lead-202m D, all compounds 9E+3 3E+4 1E-5 4E-8 1E-4 1E-3 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 82 Lead-202 D, all compounds 1E+2 5E+1 2E-8 7E-11 2E-6 2E-5 82 Lead-203 D, all compounds 5E+3 9E+3 4E-6 1E-8 7E-5 7E-4 82 Lead-205 D, all compounds 4E+3 1E+3 6E-7 2E-9 5E-5 5E-4 82 Lead-209 D, all compounds 2E+4 6E+4 2E-5 8E-8 3E-4 3E-3 82 Lead-210 D, all compounds 6E-1 2E-1 1E-10 - - - Bone surf (1E+0)

Bone surf (4E-1)

6E-13 1E-8 1E-7

Lead-211 D, all compounds 1E+4 6E+2 3E-7 9E-10 2E-4 2E-3 82 Lead-212 D, all compounds 8E+1 3E+1 1E-8 5E-11 - - Bone surf (1E+2)

- - 2E-6 2E-5

Lead-214 D, all compounds 9E+3 8E+2 3E-7 1E-9 1E-4 1E-3 Bismuth-200 D, nitrates 3E+4 8E+4 4E-5 1E-7 4E-4 4E-3 W, all other compounds - 1E+5 4E-5 1E-7 - - Bismuth-201 D, see Bi 1E+4 3E+4 1E-5 4E-8 2E-4 2E-3 W, see Bi - 4E+4 2E-5 5E-8 - - Bismuth-202 D, see Bi 1E+4 4E+4 2E-5 6E-8 2E-4 2E-3 W, see Bi - 8E+4 3E-5 1E-7 - - 83 Bismuth-203 D, see Bi 2E+3 7E+3 3E-6 9E-9 3E-5 3E-4 W, see Bi - 6E+3 3E-6 9E-9 - - 83 Bismuth-205 D, see Bi 1E+3 3E+3 1E-6 3E-9 2E-5 2E-4 W, see Bi - 1E+3 5E-7 2E-9 - - 83 Bismuth-206 D, see Bi 6E+2 1E+3 6E-7 2E-9 9E-6 9E-5 W, see Bi - 9E+2 4E-7 1E-9 - - 83 Bismuth-207 D, see Bi 1E+3 2E+3 7E-7 2E-9 1E-5 1E-4 W, see Bi - 4E+2 1E-7 5E-10 - - 83 Bismuth-210m D, see Bi 4E+1 5E+0 2E-9 - - - Kidneys (6E+1)

Kidneys (6E+0)

9E-12 8E-7 8E-6

W, see Bi - 7E-1 3E-10 9E-13 - - 83 Bismuth-210 D, see Bi 8E+2 2E+2 1E-7 - 1E-5 1E-4 - Kidneys (4E+2)

5E-10 - -

W, see Bi - 3E+1 1E-8 4E-11 - - Bismuth-212 D, see Bi 5E+3 2E+2 1E-7 3E-10 7E-5 7E-4 W, see Bi - 3E+2 1E-7 4E-10 - - Bismuth-213 D, see Bi 7E+3 3E+2 1E-7 4E-10 1E-4 1E-3 W, see Bi - 4E+2 1E-7 5E-10 - - Bismuth-214 D, see Bi 2E+4 8E+2 3E-7 1E-9 - - St wall (2E+4)

- - 3E-4 3E-3

W, see Bi - 9E-2 4E-7 1E-9 - - Polonium-203 D, all compounds except those given for W 3E+4 6E+4 3E-5 9E-8 3E-4 3E-3 W, oxides, hydroxides, and nitrates - 9E+4 4E-5 1E-7 - - Polonium-205 D, see Po 2E+4 4E+4 2E-5 5E-8 3E-4 3E-3 W, see Po - 7E+4 3E-5 1E-7 - - 84 Polonium-207 D, see Po 8E+3 3E+4 1E-5 3E-8 1E-4 1E-3 W, see Po - 3E+4 1E-5 4E-8 - - 84 Polonium-210 D, see Po 3E+0 6E-1 3E-10 9E-13 4E-8 4E-7 Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

W, see Po - 6E-1 3E-10 9E-13 - - Astatine-207 D, halides 6E+3 3E+3 1E-6 4E-9 8E-5 8E-4 W - 2E+3 9E-7 3E-9 - - 85 Astatine-211 D, halides 1E+2 8E+1 3E-8 1E-10 2E-6 2E-5 W - 5E+1 2E-8 8E-11 - - 86 Radon-220 With daughters removed - 2E+4 7E-6 2E-8 - - With daughters present - 2E+1 9E-9 3E-11 - - (or 12 working level months)

(or 1.0 working level) 86 Radon-222 With daughters removed - 1E+4 4E-6 1E-8 - - With daughters present - 1E+2 3E-8 1E-10 - - (or 4 working level months)

(or 0.33 working level)

Francium-222 D, all compounds 2E+3 5E+2 2E-7 6E-10 3E-5 3E-4 Francium-223 D, all compounds 6E+2 8E+2 3E-7 1E-9 8E-6 8E-5 88 Radium-223 W, all compounds 5E+0 7E-1 3E-10 9E-13 - - Bone surf (9E+0)

- - 1E-7 1E-6 88 Radium-224 W, all compounds 8E+0 2E+0 7E-10 2E-12 - - Bone surf (2E+1)
- - 2E-7 2E-6 88 Radium-225 W, all compounds 8E+0 7E-1 3E-10 9E-13 - - Bone surf (2E+1)
- - 2E-7 2E-6 88 Radium-226 W, all compounds 2E+0 6E-1 3E-10 9E-13 - - Bone surf (5E+0)
- - 6E-8 6E-7

Radium-227 W, all compounds 2E+4 1E+4 6E-6 - - - Bone surf (2E+4)

Bone surf (2E+4)

3E-8 3E-4 3E-3 88 Radium-228 W, all compounds 2E+0 1E+0 5E-10 2E-12 - - Bone surf (4E+0)
- - 6E-8 6E-7 89 Actinium-224 D, all compounds except those given for W and Y 2E+3 3E+1 1E-8 - - - LLI wall (2E+3)

Bone surf (4E+1)

5E-11 3E-5 3E-4

W, halides and nitrates - 5E+1 2E-8 7E-11 - - Y, oxides and hydroxides - 5E+1 2E-8 6E-11 - - 89 Actinium-225 D, see Ac 5E+1 3E-1 1E-10 - - - LLI wall (5E+1)

Bone surf (5E-1)

7E-13 7E-7 7E-6

W, see Ac - 6E-1 3E-10 9E-13 - - Y, see Ac - 6E-1 3E-10 9E-13 - - 89 Actinium-226 D, see Ac 1E+2 3E+0 1E-9 - - - LLI wall (1E+2)

Bone surf (4E+0)

5E-12 2E-6 2E-5

W, see Ac - 5E+0 2E-9 7E-12 - - Y, see Ac - 5E+0 2E-9 6E-12 - - 89 Actinium-227 D, see Ac 2E-1 4E-4 2E-13 - - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Bone surf (4E-1)

Bone surf (8E-4)

1E-15 5E-9 5E-8

W, see Ac - 2E-3 7E-13 - - - - Bone surf (3E-3)

4E-15 - -

Y, see Ac - 4E-3 2E-12 6E-15 - - 89 Actinium-228 D, see Ac 2E+3 9E+0 4E-9 - 3E-5 3E-4 - Bone surf (2E+1)

2E-11 - -

W, see Ac - 4E+1 2E-8 - - - - Bone surf (6E+1)

8E-11 - -

Y, see Ac - 4E+1 2E-8 6E-11 - - Thorium-226 W, all compounds except those given for Y 5E+3 2E+2 6E-8 2E-10 - - St wall (5E+3)

- - 7E-5 7E-4

Y, oxides and hydroxides - 1E+2 6E-8 2E-10 - - 90 Thorium-227 W, see Th 1E+2 3E-1 1E-10 5E-13 2E-6 2E-5 Y, see Th - 3E-1 1E-10 5E-13 - - 90 Thorium-228 W, see Th 6E+0 1E-2 4E-12 - - - Bone surf (1E+1)

Bone surf (2E-2)

3E-14 2E-7 2E-6

Y, see Th - 2E-2 7E-12 2E-14 - - 90 Thorium-229 W, see Th 6E-1 9E-4 4E-13 - - - Bone surf (1E+0)

Bone surf (2E-3)

3E-15 2E-8 2E-7

Y, see Th - 2E-3 1E-12 - - - - Bone surf (3E-3)

4E-15 - - 90 Thorium-230 W, see Th 4E+0 6E-3 3E-12 - - - Bone surf (9E+0)

Bone surf (2E-2)

2E-14 1E-7 1E-6

Y, see Th - 2E-2 6E-12 - - - - Bone surf (2E-2)

3E-14 - - 90 Thorium-231 W, see Th 4E+3 6E+3 3E-6 9E-9 5E-5 5E-4 Y, see Th - 6E+3 3E-6 9E-9 - - 90 Thorium-232 W, see Th 7E-1 1E-3 5E-13 - - - Bone surf (2E+0)

Bone surf (3E-3)

4E-15 3E-8 3E-7

Y, see Th - 3E-3 1E-12 - - - - Bone surf (4E-3)

6E-15 - - 90 Thorium-234 W, see Th 3E+2 2E+2 8E-8 3E-10 - - LLI wall (4E+2)
- - 5E-6 5E-5

Y, see Th - 2E+2 6E-8 2E-10 - - 91 Protactinium- W, all compounds except those given for Y 4E+3 1E+2 5E-8 2E-10 5E-5 5E-4 Y, oxides and hydroxides - 1E+2 4E-8 1E-10 - - 91 Protactinium- W, see Pa 1E+3 1E+1 5E-9 - 2E-5 2E-4 - Bone surf (2E+1)

3E-11 - -

Y, see Pa - 1E+1 5E-9 2E-11 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 91 Protactinium- W, see Pa 6E+2 5E+0 2E-9 7E-12 - - Bone surf (9E+2)

- - 1E-5 1E-4

Y, see Pa - 4E+0 1E-9 5E-12 - - 91 Protactinium- W, see Pa 2E-1 2E-3 6E-13 - - - Bone surf (5E-1)

Bone surf (4E-3)

6E-15 6E-9 6E-8

Y, see Pa - 4E-3 2E-12 - - - - Bone surf (6E-3)

8E-15 - - 91 Protactinium- W, see Pa 1E+3 2E+1 9E-9 - 2E-5 2E-4 - Bone surf (6E+1)
8E-11 - -

Y, see Pa - 6E+1 2E-8 - - - - Bone surf (7E+1)

1E-10 - - 91 Protactinium- W, see Pa 1E+3 7E+2 3E-7 1E-9 - - LLI wall (2E+3)
- - 2E-5 2E-4

Y, see Pa - 6E+2 2E-7 8E-10 - - 91 Protactinium- W, see Pa 2E+3 8E+3 3E-6 1E-8 3E-5 3E-4 Y, see Pa - 7E+3 3E-6 9E-9 - - 92 Uranium-230 D, UF , UO F , UO (NO )

4E+0 4E-1 2E-10 - - -

Bone surf (6E+0)

Bone surf (6E-1)

8E-13 8E-8 8E-7

W, UO

, UF , UCl - 4E-1 1E-10 5E-13 - - Y, UO , U O - 3E-1 1E-10 4E-13 - - 92 Uranium-231 D, see U 5E+3 8E+3 3E-6 1E-8 - - LLI wall (4E+3)

- - 6E-5 6E-4

W, see U - 6E+3 2E-6 8E-9 - - Y, see U - 5E+3 2E-6 6E-9 - - 92 Uranium-232 D, see U 2E+0 2E-1 9E-11 - - - Bone surf (4E+0)

Bone surf (4E-1)

6E-13 6E-8 6E-7

W, see U - 4E-1 2E-10 5E-13 - - Y, see U - 8E-3 3E-12 1E-14 - - 92 Uranium-233 D, see U 1E+1 1E+0 5E-10 - - - Bone surf (2E+1)

Bone surf (2E+0)

3E-12 3E-7 3E-6

W, see U - 7E-1 3E-10 1E-12 - - Y, see U - 4E-2 2E-11 5E-14 - - Uranium-234 D, see U 1E+1 1E+0 5E-10 - - - Bone surf (2E+1)

Bone surf (2E+0)

3E-12 3E-7 3E-6

W, see U - 7E-1 3E-10 1E-12 - - Y, see U - 4E-2 2E-11 5E-14 - - Uranium-235 D, see U 1E+1 1E+0 6E-10 - - - Bone surf (2E+1)

Bone surf (2E+0)

3E-12 3E-7 3E-6

W, see U - 8E-1 3E-10 1E-12 - - Y, see U - 4E-2 2E-11 6E-14 - - 92 Uranium-236 D, see U 1E+1 1E+0 5E-10 - - - Bone surf (2E+1)

Bone surf (2E+0)

3E-12 3E-7 3E-6

W, see U - 8E-1 3E-10 1E-12 - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Y, see U - 4E-2 2E-11 6E-14 - - 92 Uranium-237 D, see U 2E+3 3E+3 1E-6 4E-9 - - LLI wall (2E+3)

- - 3E-5 3E-4

W, see U - 2E+3 7E-7 2E-9 - - Y, see U - 2E+3 6E-7 2E-9 - - Uranium-238 D, see U 1E+1 1E+0 6E-10 - - - Bone surf (2E+1)

Bone surf (2E+0)

3E-12 3E-7 3E-6

W, see U - 8E-1 3E-10 1E-12 - - Y, see U - 4E-2 2E-11 6E-14 - - Uranium-239 D, see U 7E+4 2E+5 8E-5 3E-7 9E-4 9E-3 W, see U - 2E+5 7E-5 2E-7 - - Y, see U - 2E+5 6E-5 2E-7 - - 92 Uranium-240 D, see U 1E+3 4E+3 2E-6 5E-9 2E-5 2E-4 W, see U - 3E+3 1E-6 4E-9 - - Y, see U - 2E+3 1E-6 3E-9 - - 92 Uraniumnatural D, see U 1E+1 1E+0 5E-10 - - - Bone surf (2E+1)

Bone surf (2E+0)

3E-12 3E-7 3E-6

W, see U - 8E-1 3E-10 9E-13 - - Y, see U - 5E-2 2E-11 9E-14 - - 93 Neptunium- W, all compounds 1E+5 2E+3 7E-7 - 2E-3 2E-2 - Bone surf (5E+2)

6E-9 - - 93 Neptunium- W, all compounds 8E+5 3E+6 1E-3 4E-6 1E-2 1E-1 93 Neptunium-234 W, all compounds 2E+3 3E+3 1E-6 4E-9 3E-5 3E-4 93 Neptunium-235 W, all compounds 2E+4 8E+2 3E-7 - - - LLI wall (2E+4)

Bone surf (1E+3)

2E-9 3E-4 3E-3 93 Neptunium-236 (1.15E+5 y)

W, all compounds 3E+0 2E-2 9E-12 - - - Bone surf (6E+0)

Bone surf (5E-2)

8E-14 9E-8 9E-7 93 Neptunium- 236m (22.5 h)

W, all compounds 3E+3 3E+1 1E-8 - - - Bone surf (4E+3)

Bone surf (7E+1)

1E-10 5E-5 5E-4 93 Neptunium-237 W, all compounds 5E-1 4E-3 2E-12 - - - Bone surf (1E+0)

Bone surf (1E-2)

1E-14 2E-8 2E-7 93 Neptunium-238 W, all compounds 1E+3 6E+1 3E-8 - 2E-5 2E-4 - Bone surf (2E+2)
2E-10 - - 93 Neptunium-239 W, all compounds 2E+3 2E+3 9E-7 3E-9 - - LLI wall (2E+3)
- - 2E-5 2E-4 93 Neptunium- W, all compounds 2E+4 8E+4 3E-5 1E-7 3E-4 3E-3 94 Plutonium-234 W, all compounds except PuO 8E+3 2E+2 9E-8 3E-10 1E-4 1E-3 Y, PuO - 2E+2 8E-8 3E-10 - - Plutonium-235 W, see Pu 9E+5 3E+6 1E-3 4E-6 1E-2 1E-1 Y, see Pu - 3E+6 1E-3 3E-6 - - 94 Plutonium-236 W, see Pu 2E+0 2E-2 8E-12 - - - Bone surf (4E+0)

Bone surf (4E-2)

5E-14 6E-8 6E-7

Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Y, see Pu - 4E-2 2E-11 6E-14 - - 94 Plutonium-237 W, see Pu 1E+4 3E+3 1E-6 5E-9 2E-4 2E-3 Y, see Pu - 3E+3 1E-6 4E-9 - - 94 Plutonium-238 W, see Pu 9E-1 7E-3 3E-12 - - - Bone surf (2E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7

Y, see Pu - 2E-2 8E-12 2E-14 - - 94 Plutonium-239 W, see Pu 8E-1 6E-3 3E-12 - - - Bone surf (1E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7

Y, see Pu - 2E-2 7E-12 - - - - Bone surf (2E-2)

2E-14 - - 94 Plutonium-240 W, see Pu 8E-1 6E-3 3E-12 - - - Bone surf (1E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7

Y, see Pu - 2E-2 7E-12 - - - - Bone surf (2E-2)

2E-14 - - 94 Plutonium-241 W, see Pu 4E+1 3E-1 1E-10 - - - Bone surf (7E+1)

Bone surf (6E-1)

8E-13 1E-6 1E-5

Y, see Pu - 8E-1 3E-10 - - - - Bone surf (1E+0)

1E-12 - - 94 Plutonium-242 W, see Pu 8E-1 7E-3 3E-12 - - - Bone surf (1E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7

Y, see Pu - 2E-2 7E-12 - - - - Bone surf (2E-2)

2E-14 - - 94 Plutonium-243 W, see Pu 2E+4 4E+4 2E-5 5E-8 2E-4 2E-3 Y, see Pu - 4E+4 2E-5 5E-8 - - 94 Plutonium-244 W, see Pu 8E-1 7E-3 3E-12 - - - Bone surf (2E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7

Y, see Pu - 2E-2 7E-12 - - - - Bone surf (2E-2)

2E-14 - - 94 Plutonium-245 W, see Pu 2E+3 5E+3 2E-6 6E-9 3E-5 3E-4 Y, see Pu - 4E+3 2E-6 6E-9 - - 94 Plutonium-246 W, see Pu 4E+2 3E+2 1E-7 4E-10 - - LLI wall (4E+2)
- - 6E-6 6E-5

Y, see Pu - 3E+2 1E-7 4E-10 - - 95 Americium- W, all compounds 8E+4 3E+5 1E-4 4E-7 1E-3 1E-2 95 Americium- W, all compounds 4E+4 3E+3 1E-6 - 5E-4 5E-3 - Bone surf (6E+3)

9E-9 - - 95 Americium-239 W, all compounds 5E+3 1E+4 5E-6 2E-8 7E-5 7E-4 95 Americium-240 W, all compounds 2E+3 3E+3 1E-6 4E-9 3E-5 3E-4 95 Americium-241 W, all compounds 8E-1 6E-3 3E-12 - - - Bone surf (1E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7 95 Americium-W, all compounds 8E-1 6E-3 3E-12 - - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 242m Bone surf (1E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7 95 Americium-242 W, all compounds 4E+3 8E+1 4E-8 - 5E-5 5E-4 - Bone surf (9E+1)
1E-10 - - 95 Americium-243 W, all compounds 8E-1 6E-3 3E-12 - - - Bone surf (1E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7 95 Americium- 244m W, all compounds 6E+4 4E+3 2E-6 - - - St wall (8E+4)

Bone surf (7E+3)

1E-8 1E-3 1E-2 95 Americium-244 W, all compounds 3E+3 2E+2 8E-8 - 4E-5 4E-4 - Bone surf (3E+2)
4E-10 - - 95 Americium-245 W, all compounds 3E+4 8E+4 3E-5 1E-7 4E-4 4E-3 95 Americium- 246m W, all compounds 5E+4 2E+5 8E-5 3E-7 - - St wall (6E+4)
- - 8E-4 8E-3 95 Americium- W, all compounds 3E+4 1E+5 4E-5 1E-7 4E-4 4E-3 96 Curium-238 W, all compounds 2E+4 1E+3 5E-7 2E-9 2E-4 2E-3 96 Curium-240 W, all compounds 6E+1 6E-1 2E-10 - - - Bone surf (8E+1)

Bone surf (6E-1)

9E-13 1E-6 1E-5 96 Curium-241 W, all compounds 1E+3 3E+1 1E-8 - 2E-5 2E-4 - Bone surf (4E+1)
5E-11 - - 96 Curium-242 W, all compounds 3E+1 3E-1 1E-10 - - - Bone surf (5E+1)

Bone surf (3E-1)

4E-13 7E-7 7E-6 96 Curium-243 W, all compounds 1E+0 9E-3 4E-12 - - - Bone surf (2E+0)

Bone surf (2E-2)

2E-14 3E-8 3E-7 96 Curium-244 W, all compounds 1E+0 1E-2 5E-12 - - - Bone surf (3E+0)

Bone surf (2E-2)

3E-14 3E-8 3E-7 96 Curium-245 W, all compounds 7E-1 6E-3 3E-12 - - - Bone surf (1E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7 96 Curium-246 W, all compounds 7E-1 6E-3 3E-12 - - - Bone surf (1E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7 96 Curium-247 W, all compounds 8E-1 6E-3 3E-12 - - - Bone surf (1E+0)

Bone surf (1E-2)

2E-14 2E-8 2E-7 96 Curium-248 W, all compounds 2E-1 2E-3 7E-13 - - - Bone surf (4E-1)

Bone surf (3E-3)

4E-15 5E-9 5E-8

Curium-249 W, all compounds 5E+4 2E+4 7E-6 - 7E-4 7E-3 - Bone surf (3E+4)

4E-8 - - 96 Curium-250 W, all compounds 4E-2 3E-4 1E-13 - - - Bone surf (6E-2)

Bone surf (5E-4)

8E-16 9E-10 9E-9 97 Berkelium-245 W, all compounds 2E+3 1E+3 5E-7 2E-9 3E-5 3E-4 97 Berkelium-246 W, all compounds 3E+3 3E+3 1E-6 4E-9 4E-5 4E-4 97 Berkelium-247 W, all compounds 5E-1 4E-3 2E-12 - - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml)

Bone surf (1E+0)

Bone surf (9E-3)

1E-14 2E-8 2E-7 97 Berkelium-249 W, all compounds 2E+2 2E+0 7E-10 - - - Bone surf (5E+2)

Bone surf (4E+0)

5E-12 6E-6 6E-5 97 Berkelium-250 W, all compounds 9E+3 3E+2 1E-7 - 1E-4 1E-3 - Bone surf (7E+2)
1E-9 - - 98 Californium- W, all compounds except those given for Y 3E+4 6E+2 2E-7 8E-10 - - St wall (3E+4)
- - 4E-4 4E-3

Y, oxides and hydroxides - 6E+2 2E-7 8E-10 - - 98 Californium-246 W, see Cf 4E+2 9E+0 4E-9 1E-11 5E-6 5E-5 Y, see Cf - 9E+0 4E-9 1E-11 - - 98 Californium-248 W, see Cf 8E+0 6E-2 3E-11 - - - Bone surf (2E+1)

Bone surf (1E-1)

2E-13 2E-7 2E-6

Y, see Cf - 1E-1 4E-11 1E-13 - - 98 Californium-249 W, see Cf 5E-1 4E-3 2E-12 - - - Bone surf (1E+0)

Bone surf (9E-3)

1E-14 2E-8 2E-7

Y, see Cf - 1E-2 4E-12 - - - Bone surf - (1E-2) - 2E-14 - - 98 Californium-250 W, see Cf 1E+0 9E-3 4E-12 - - - Bone surf (2E+0)

Bone surf (2E-2)

3E-14 3E-8 3E-7

Y, see Cf - 3E-2 1E-11 4E-14 - - 98 Californium-251 W, see Cf 5E-1 4E-3 2E-12 - - - Bone surf (1E+0)

Bone surf (9E-3)

1E-14 2E-8 2E-7

Y, see Cf - 1E-2 4E-12 - - - - Bone surf (1E-2)

2E-14 - - 98 Californium-252 W, see Cf 2E+0 2E-2 8E-12 - - - Bone surf (5E+0)

Bone surf (4E-2)

5E-14 7E-8 7E-7

Y, see Cf - 3E-2 1E-11 5E-14 - - 98 Californium-253 W, see Cf 2E+2 2E+0 8E-10 3E-12 - - Bone surf (4E+2)

- - 5E-6 5E-5

Y, see Cf - 2E+0 7E-10 2E-12 - - 98 Californium-254 W, see Cf 2E+0 2E-2 9E-12 3E-14 3E-8 3E-7 Y, see Cf - 2E-2 7E-12 2E-14 - - 99 Einsteinium- W, all compounds 4E+4 5E+2 2E-7 - 6E-4 6E-3 - Bone surf (1E+3)

2E-9 - - 99 Einsteinium- W, all compounds 7E+3 9E+2 4E-7 - 1E-4 1E-3 - Bone surf (1E+3)
2E-9 - - 99 Einsteinium- W, all compounds 2E+2 1E+0 6E-10 2E-12 2E-6 2E-5 99 Einsteinium- 254m W, all compounds 3E+2 1E+1 4E-9 1E-11 - - LLI wall (3E+2)
- - 4E-6 4E-5 99 Einsteinium-W, all compounds 8E+0 7E-2 3E-11 - - - Atomic No.

Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Oral Ingestion ALI (μCi)

Inhalation Air (μCi/ml)

Water (μCi/ml)

ALI (μCi)

DAC (μCi/ml) 254 Bone surf (2E+1)

Bone surf (1E-1)

2E-13 2E-7 2E-6 100 Fermium-252 W, all compounds 5E+2 1E+1 5E-9 2E-11 6E-6 6E-5 100 Fermium-253 W, all compounds 1E+3 1E+1 4E-9 1E-11 1E-5 1E-4 100 Fermium-254 W, all compounds 3E+3 9E+1 4E-8 1E-10 4E-5 4E-4 100 Fermium-255 W, all compounds 5E+2 2E+1 9E-9 3E-11 7E-6 7E-5 100 Fermium-257 W, all compounds 2E+1 2E-1 7E-11 - - - Bone surf (4E+1)

Bone surf (2E-1)

3E-13 5E-7 5E-6 101 Mendelevium- W, all compounds 7E+3 8E+1 4E-8 - 1E-4 1E-3 - Bone surf (9E+1)
1E-10 - - 101 Mendelevium- W, all compounds 3E+1 2E-1 1E-10 - - - Bone surf (5E+1)

Bone surf (3E-1)

5E-13 6E-7 6E-6
Any single radionuclide not listed above with decay mode other than alpha emission or spontaneous fission and with radioactive halflife less than 2 hours Submersion - 2E+2 1E-7 1E-9 - - - Any single radionuclide not listed above with decay mode other than alpha emission or spontaneous fission and with radioactive halflife greater than 2 hours - 2E-1 1E-10 1E-12 1E-8 1E-7 - Any single radionuclide not listed above that decays by alpha emission or spontaneous fission, or any mixture for which either the identity or the concentration of any radionuclide in the mixture is not known - - 4E-4 2E-13 1E-15 2E-9 2E-8 ENDNOTES: ”Submersion” means that values given are for submersion in a hemispherical semi-infinite cloud of airborne material.

These radionuclides have radiological half-lives of less than 2 hours. The total effective dose equivalent received during operations with these radionuclides might include a significant contribution from external exposure. The DAC values for all radionuclides, other than those designated Class “Submersion,” are based upon the committed effective dose equivalent due to the intake of the radionuclide into the body and do not include potentially significant contributions to dose equivalent from external exposures. The licensee may substitute 1E-7 μCi/ml for the listed DAC to account for the submersion dose prospectively, but should use individual monitoring devices or other radiation measuring instruments that measure external exposure to demonstrate compliance with the limits. (See Rule 0400- 20-05-.52.)

For soluble mixtures of U-238, U-234, and U-235 in air, chemical toxicity may be the limiting factor (see paragraph (5) of Rule 0400-20-05-.50). If the percent by weight (enrichment) of U-235 is not greater than 5, the concentration value for a 40-hour workweek is 0.2 milligrams uranium per cubic meter of air average. For any enrichment, the product of the average concentration and time of exposure during a 40-hour workweek shall not exceed 8E-3 (SA) μCi-hr/ml, where SA is the specific activity of the uranium inhaled. The specific activity for natural uranium is 6.77E-7 curies per gram U. The specific activity for other mixtures of U-238, U-235, and U-234, if not known, shall be:

SA = 3.6E-7 curies/gram U U-depleted SA = [0.4 + 0.38 (enrichment) + 0.0034 (enrichment) ] E-6, enrichment ≥ 0.72 where enrichment is the percentage by weight of U-235, expressed as percent.

NOTE:

If the identity of each radionuclide in a mixture is known but the concentration of one or more of the radionuclides in the mixture is not known, the DAC for the mixture shall be the most restrictive DAC of any radionuclide in the mixture.
If the identity of each radionuclide in the mixture is not known, but it is known that certain radionuclides specified in this schedule are not present in the mixture, the inhalation ALI, DAC, and effluent and sewage concentrations for the mixture are the lowest values specified in this schedule for any radionuclide that is not known to be absent from the mixture; or Atomic No. Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Inhalation Air (μCi/ml)

Water (μCi/ml)

Oral Ingestion ALI (μCi)

ALI (μCi)

DAC (μCi/ml)

If it is known that Ac-227-D and Cm-250-W are not present - 7E-4 3E-13 - - - If, in addition, it is known that Ac-227-W, Y, Th-229-W, Y, Th-230-W, Th-232-W, Y, Pa- 231-W, Y, Np-237-W, Pu-239-W, Pu-240-W, Pu-242-W, Am-241-W, Am-242m-W, Am-243- W, Cm-245-W, Cm-246-W, Cm-247-W, Cm- 248-W, Bk-247-W, Cf-249-W, and Cf-251-W are not present - 7E-3 3E-12 - - - If, in addition, it is known that Sm-146-W, Sm- 147-W, Gd-148-D, W, Gd-152-D, W, Th-228- W, Y, Th-230-Y, U-232-Y, U-233-Y, U-234-Y, U- 235-Y, U-236-Y, U-238-Y, Np-236-W, Pu- 236-W, Y, Pu-238-W, Y, Pu-239-Y, Pu-240-Y, Pu-242-Y, Pu-244-W, Y, Cm-243-W, Cm-244- W, Cf-248-W, Cf-249-Y, Cf-250-W, Y, Cf-251- Y, Cf-252-W, Y, and Cf-254- W, Y are not present - 7E-2 3E-11 - - - If, in addition, it is known that Pb-210-D, Bi- 210m-W, Po-210-D, W, Ra-223-W, Ra-225- W, Ra-226-W, Ac-225-D, W, Y, Th-227-W, Y, U- 230-D, W, Y, U-232-D, W, Pu-241-W, Cm- 240-W, Cm-242-W, Cf-248-Y, Es-254-W, Fm- 257-W, and Md-258-W are not present - 7E-1 3E-10 - - - Atomic No. Radionuclide Class Table I Occupational Values Table II Effluent Concentrations Table III Releases to Sewers Col. 1 Col. 2 Col. 3 Col. 1 Col. 2 Monthly Average Concentration (μCi/ml)

Inhalation Air (μCi/ml)

Water (μCi/ml)

Oral Ingestion ALI (μCi)

ALI (μCi)

DAC (μCi/ml)

If, in addition, it is known that Si-32-Y, Ti-44- Y, Fe-60-D, Sr-90-Y, Zr-93-D, Cd-113m-D, Cd-113-D, In-115-D, W, La-138-D, Lu-176-W, Hf-178m-D, W, Hf-182-D, W, Bi-210m-D, Ra- 224-W, Ra-228-W, Ac-226-D, W, Y, Pa-230- W, Y, U-233-D, W, U-234-D, W, U-235-D, W, U- 236-D, W, U-238-D, W, Pu-241-Y, Bk-249- W, Cf-253-W, Y, and Es-253- W are not present - 7E+0 3E-9 - - - If it is known that Ac-227-D, W, Y, Th-229-W, Y, Th-232-W, Y, Pa-231-W, Y, Cm-248-W, and Cm-250-W are not present - - - 1E-14 - - If, in addition, it is known that Sm-146-W, Gd- 148-D, W, Gd-152-D, Th-228-W, Y, Th-230- W, Y, U-232-Y, U-233-Y, U-234-Y, U-235-Y, U- 236-Y, U-238-Y, U-Nat-Y, Np-236-W, Np- 237-W, Pu-236-W, Y, Pu-238-W, Y, Pu-239- W, Y, Pu-240-W, Y, Pu-242-W, Y, Pu-244-W, Y, Am-241-W, Am-242m-W, Am-243-W, Cm- 243-W, Cm-244-W, Cm-245-W, Cm-246-W, Cm-247-W, Bk-247-W, Cf-249-W, Y, Cf-250- W, Y, Cf-251-W, Y, Cf-252-W, Y, and Cf-254- W, Y are not present - - - 1E-13 - - If, in addition, it is known that Sm-147-W, Gd- 152-W, Pb-210-D, Bi-210m-W, Po-210-D, W, Ra-223-W, Ra-225-W, Ra-226-W, Ac-225-D, W, Y, Th-227-W, Y, U-230-D, W, Y, U-232-D, W, U-Nat-W, Pu-241-W, Cm-240-W, Cm-242- W, Cf-248-W, Y, Es-254-W, Fm-257-W, and Md-258-W are not present - - - 1E-12 - - If, in addition it is known that Fe-60, Sr-90, Cd-113m, Cd-113, In-115, I-129, Cs-134, Sm- 145, Sm-147, Gd-148, Gd-152, Hg-194 (organic), Bi-210m, Ra-223, Ra-224, Ra-225, Ac-225, Th-228, Th-230, U-233, U-234, U- 235, U-236, U-238, U-Nat, Cm-242, Cf-248, Es-254, Fm-257, and Md-258 are not present - - - - 1E-6 1E-5 3. If a mixture of radionuclides consists of uranium and its daughters in ore dust (10 μm AMAD particle distribution assumed) prior to chemical separation of the uranium from the ore, the following values may be used for the DAC of the mixture: 6E-11 μCi of gross alpha activity from uranium-238, uranium-234, thorium-230, and radium-226 per milliliter of air; 3E-11 μCi of natural uranium per milliliter of air; or 45 micrograms of natural uranium per cubic meter of air.

If the identity and concentration of each radionuclide in a mixture are known, the limiting values should be derived as follows: determine, for each radionuclide in the mixture, the ratio between the concentration present in the mixture and the concentration otherwise established in Schedule RHS 8–30 for the specific radionuclide when not in a mixture. The sum of such ratios for all of the radionuclides in the mixture may not exceed “1” (i.e., “unity”).

Example: If radionuclides “A,” “B,” and “C” are present in concentrations C A , C B , and C C , and if the applicable DACs are DAC A , DAC B , and DAC C , respectively, then the concentrations shall be limited so that the following relationship exists:

C A +

C B +

C C < 1

DAC A

DAC B

DAC C

SCHEDULE RHS 8–31

QUANTITIES a OF LICENSED MATERIAL REQUIRING LABELING Radionuclide Quantity (μCi) *a Hydrogen–3 1,000 Beryllium–7 1,000 Beryllium–10 1 Carbon–11 1,000 Carbon–14 1,000 Fluorine–18 1,000 Sodium–22 10 Sodium–24 100 Magnesium–28 100 Aluminum–26 10 Silicon–31 1,000 Silicon–32 1 Phosphorus–32 10 Phosphorus–33 100 Sulfur–35 100 Chlorine–36 10 Chlorine–38 1,000 Chlorine–39 1,000 Argon–39 1,000 Argon–41 1,000 Potassium–40 100 Potassium–42 1,000 Potassium–43 1,000 Potassium–44 1,000 Potassium–45 1,000 Calcium–41 100 Calcium–45 100 Calcium–47 100 Scandium–43 1,000 Scandium–44m 100 Scandium–44 100 Scandium–46 10 Scandium–47 100 Scandium–48 100 Scandium–49 1,000 Titanium–44 1 Titanium–45 1,000 Vanadium–47 1,000 Vanadium–48 100 Vanadium–49 1,000 Chromium–48 1,000 Chromium–49 1,000 Chromium–51 1,000 Manganese–51 1,000 Manganese–52m 1,000 Manganese–52 100 Manganese–53 1,000 Manganese–54 100 Manganese–56 1,000 *a To convert μCi to KBq, multiply the μCi value by 37.

Radionuclide Quantity (μCi) *a Iron–52 100 Iron–55 100 Iron–59 10 Iron–60 1 Cobalt–55 100 Cobalt–56 10 Cobalt–57 100 Cobalt–58m 1,000 Cobalt–58 100 Cobalt–60m 1,000 Cobalt–60 1 Cobalt–61 1,000 Cobalt–62m 100 Nickel–56 100 Nickel–57 100 Nickel–59 100 Nickel–63 100 Nickel–65 1,000 Nickel–66 10 Copper–60 1,000 Copper–61 1,000 Copper–64 1,000 Copper–67 1,000 Zinc–62 100 Zinc–63 1,000 Zinc–65 10 Zinc–69m 100 Zinc–69 1,000 Zinc–71m 1,000 Zinc–72 100 Gallium–65 1,000 Gallium–66 100 Gallium–67 1,000 Gallium–68 1,000 Gallium–70 1,000 Gallium–72 100 Gallium–73 1,000 Germanium–66 1,000 Germanium–67 1,000 Germanium–68 10 Germanium–69 1,000 Germanium–71 1,000 Germanium–75 1,000 Germanium–77 1,000 Germanium–78 1,000 Arsenic–69 1,000 Arsenic–70 1,000 Arsenic–71 100 Arsenic–72 100 Arsenic–73 100 Arsenic–74 100 Radionuclide Quantity (μCi) *a Arsenic–76 100 Arsenic–77 100 Arsenic–78 1,000 Selenium–70 1,000 Selenium–73m 1,000 Selenium–73 100 Selenium–75 100 Selenium–79 100 Selenium–81m 1,000 Selenium–81 1,000 Selenium–83 1,000 Bromine–74m 1,000 Bromine–74 1,000 Bromine–75 1,000 Bromine–76 100 Bromine–77 1,000 Bromine–80m 1,000 Bromine–80 1,000 Bromine–82 100 Bromine–83 1,000 Bromine–84 1,000 Krypton–74 1,000 Krypton–76 1,000 Krypton–77 1,000 Krypton–79 1,000 Krypton–81 1,000 Krypton–83m 1,000 Krypton–85m 1,000 Krypton–85 1,000 Krypton–87 1,000 Krypton–88 1,000 Rubidium–79 1,000 Rubidium–81m 1,000 Rubidium–81 1,000 Rubidium–82m 1,000 Rubidium–83 100 Rubidium–84 100 Rubidium–86 100 Rubidium–87 100 Rubidium–88 1,000 Rubidium–89 1,000 Strontium–80 100 Strontium–81 1,000 Strontium–83 100 Strontium–85m 1,000 Strontium–85 100 Strontium–87m 1,000 Strontium–89 10 Strontium–90 0.1 Strontium–91 100 Strontium–92 100 Yttrium–86m 1,000 Yttrium–86 100 Yttrium–87 100 Yttrium–88 10 Yttrium–90m 1,000 Radionuclide Quantity (μCi) *a Yttrium–90 10 Yttrium–91m 1,000 Yttrium–91 10 Yttrium–92 100 Yttrium–93 100 Yttrium–94 1,000 Yttrium–95 1,000 Zirconium–86 100 Zirconium–88 10 Zirconium–89 100 Zirconium–93 1 Zirconium–95 10 Zirconium–97 100 Niobium–88 1,000 Niobium–89m (66 min) 1,000 Niobium–89 (122 min) 1,000 Niobium–90 100 Niobium–93m 10 Niobium–94 1 Niobium–95m 100 Niobium–95 100 Niobium–96 100 Niobium–97 1,000 Niobium–98 1,000 Molybdenum–90 100 Molybdenum –93m 100 Molybdenum–93 10 Molybdenum–99 100 Molybdenum–101 1,000 Technetium–93m 1,000 Technetium–93 1,000 Technetium–94m 1,000 Technetium–94 1,000 Technetium–96m 1,000 Technetium–96 100 Technetium–97m 100 Technetium–97 1,000 Technetium–98 10 Technetium–99m 1,000 Technetium–99 100 Technetium–101 1,000 Technetium–104 1,000 Ruthenium–94 1,000 Ruthenium–97 1,000 Ruthenium–103 100 Ruthenium–105 1,000 Ruthenium–106 1 Rhodium–99m 1,000 Rhodium–99 100 Rhodium–100 100 Rhodium–101m 1,000 Rhodium –101 10 Rhodium–102m 10 Rhodium–102 10 Radionuclide Quantity (μCi) *a Rhodium–103m 1,000 Rhodium–105 100 Rhodium–106m 1,000 Rhodium–107 1,000 Palladium–100 100 Palladium–101 1,000 Palladium–103 100 Palladium–107 10 Palladium–109 100 Silver–102 1,000 Silver–103 1,000 Silver–104m 1,000 Silver–104 1,000 Silver–105 100 Silver–106m 100 Silver–106 1,000 Silver–108m 1 Silver–110m 10 Silver–111 100 Silver–112 100 Silver–115 1,000 Cadmium–104 1,000 Cadmium–107 1,000 Cadmium–109 1 Cadmium–113m 0.1 Cadmium–113 100 Cadmium–115m 10 Cadmium–115 100 Cadmium–117m 1,000 Cadmium–117 1,000 Indium–109 1,000 Indium–110m (69.1m) 1,000 Indium–110 (4.9h) 1,000 Indium–111 100 Indium–112 1,000 Indium–113m 1,000 Indium–114m 10 Indium–115m 1,000 Indium–115 100 Indium–116m 1,000 Indium–117m 1,000 Indium–117 1,000 Indium–119m 1,000 Tin–110 100 Tin–111 1,000 Tin–113 100 Tin–117m 100 Tin–119m 100 Tin–121m 100 Tin–121 1,000 Tin–123m 1,000 Tin–123 10 Tin–125 10 Tin–126 10 Radionuclide Quantity (μCi) *a Tin–127 1,000 Tin–128 1,000 Antimony–115 1,000 Antimony–116m 1,000 Antimony–116 1,000 Antimony–117 1,000 Antimony–118m 1,000 Antimony–119 1,000 Antimony–120 (16m) 1,000 Antimony–120 (5.76d) 100 Antimony–122 100 Antimony–124m 1,000 Antimony–124 10 Antimony–125 100 Antimony–126m 1,000 Antimony–130 1,000 Antimony–131 1,000 Tellurium–116 1,000 Tellurium–121m 10 Tellurium–121 100 Tellurium–123m 10 Tellurium–123 100 Tellurium–125m 10 Antimony–126 100 Antimony–127 100 Tellurium–127m 10 Tellurium–127 1,000 Antimony–128 (10.4 m) 1,000 Antimony–128 (9.01 h) 100 Antimony–129 100 Tellurium–129m 10 Tellurium–129 1,000 Tellurium–131m 10 Tellurium–131 100 Tellurium–132 10 Tellurium–133m 100 Tellurium–133 1,000 Tellurium–134 1,000 Iodine–120m 1,000 Iodine–120 100 Iodine–121 1,000 Iodine–123 100 Iodine–124 10 Iodine–125 1 Iodine–126 1 Iodine–128 1,000 Iodine–129 1 Iodine–130 10 Iodine–131 1 Iodine–132m 100 Iodine–132 100 Iodine–133 10 Iodine–134 1,000 Iodine–135 100 Radionuclide Quantity (μCi) *a Xenon–120 1,000 Xenon–121 1,000 Xenon–122 1,000 Xenon–123 1,000 Xenon–125 1,000 Xenon–127 1,000 Xenon–129m 1,000 Xenon–131m 1,000 Xenon–133m 1,000 Xenon–133 1,000 Xenon–135m 1,000 Xenon–135 1,000 Xenon–138 1,000 Cesium–125 1,000 Cesium–127 1,000 Cesium–129 1,000 Cesium–130 1,000 Cesium–131 1,000 Cesium–132 100 Cesium–134m 1,000 Cesium–134 10 Cesium–135m 1,000 Cesium–135 100 Cesium–136 10 Cesium–137 10 Cesium–138 1,000 Barium–126 1,000 Barium–128 100 Barium–131m 1,000 Barium–131 100 Barium–133m 100 Barium–133 100 Barium–135m 100 Barium–139 1,000 Barium–140 100 Barium–141 1,000 Barium–142 1,000 Lanthanum–131 1,000 Lanthanum–132 100 Lanthanum–135 1,000 Lanthanum–137 10 Lanthanum–138 100 Lanthanum–140 100 Lanthanum–141 100 Lanthanum–142 1,000 Lanthanum–143 1,000 Cerium–134 100 Cerium–135 100 Cerium–137m 100 Cerium–137 1,000 Cerium–139 100 Cerium–141 100 Cerium–143 100 Cerium–144 1 Praseodymium–136 1,000 Praseodymium–137 1,000 Radionuclide Quantity (μCi) *a Praseodymium–138m 1,000 Praseodymium–139 1,000 Praseodymium–142m 1,000 Praseodymium–142 100 Praseodymium–143 100 Praseodymium–144 1,000 Praseodymium–145 100 Praseodymium–147 1,000 Neodymium–136 1,000 Neodymium–138 100 Neodymium–139m 1,000 Neodymium–139 1,000 Neodymium–141 1,000 Neodymium–147 100 Neodymium–149 1,000 Neodymium–151 1,000 Promethium–141 1,000 Promethium–143 100 Promethium–144 10 Promethium–145 10 Promethium–146 1 Promethium–147 10 Promethium–148m 10 Promethium–148 10 Promethium–149 100 Promethium–150 1,000 Promethium–151 100 Samarium–141m 1,000 Samarium–141 1,000 Samarium–142 1,000 Samarium–145 100 Samarium–146 1 Samarium–147 100 Samarium–151 10 Samarium–153 100 Samarium–155 1,000 Samarium–156 1,000 Europium–145 100 Europium–146 100 Europium–147 100 Europium–148 10 Europium–149 100 Europium–150 (12.62h) 100 Europium–150 (34.2y) 1 Europium–152m 100 Europium–152 1 Europium–154 1 Europium–155 10 Europium–156 100 Europium– 157 100 Europium–158 1,000 Gadolinium–145 1,000 Gadolinium–146 10 Gadolinium–147 100 Gadolinium–148 0.001 Gadolinium–149 100 Radionuclide Quantity (μCi) *a Gadolinium–151 10 Gadolinium–152 100 Gadolinium–153 10 Gadolinium–159 100 Terbium–147 1,000 Terbium–149 100 Terbium– 150 1,000 Terbium–151 100 Terbium–153 1,000 Terbium–154 100 Terbium–155 1,000 Terbium–156m (5.0 h) 1,000 Terbium–156m (24.4h) 1,000 Terbium–156 100 Terbium–157 10 Terbium–158 1 Terbium–160 10 Terbium–161 100 Dysprosium–155 1,000 Dysprosium–157 1,000 Dysprosium–159 100 Dysprosium–165 1,000 Dysprosium–166 100 Holmium–155 1,000 Holmium–157 1,000 Holmium–159 1,000 Holmium–161 1,000 Holmium–162m 1,000 Holmium–162 1,000 Holmium–164m 1,000 Holmium–164 1,000 Holmium–166m 1 Holmium–166 100 Holmium–167 1,000 Erbium–161 1,000 Erbium–165 1,000 Erbium–169 100 Erbium–171 100 Erbium–172 100 Thulium–162 1,000 Thulium–166 100 Thulium–167 100 Thulium–170 10 Thulium–171 10 Thulium–172 100 Thulium–173 100 Thulium–175 1,000 Ytterbium–162 1,000 Ytterbium–166 100 Ytterbium–167 1,000 Ytterbium–169 100 Ytterbium–175 100 Ytterbium–177 1,000 Ytterbium–178 1,000 Lutetium–169 100 Lutetium–170 100 Radionuclide Quantity (μCi) *a Lutetium–171 100 Lutetium–172 100 Lutetium–173 10 Lutetium–174m 10 Lutetium–174 10 Lutetium–176m 1,000 Lutetium–176 100 Lutetium–177m 10 Lutetium–177 100 Lutetium–178m 1,000 Lutetium–178 1,000 Lutetium–179 1,000 Hafnium–170 100 Hafnium–172 1 Hafnium–173 1,000 Hafnium–175 100 Hafnium–177m 1,000 Hafnium–178m 0.1 Hafnium–179m 10 Hafnium–180m 1,000 Hafnium–181 10 Hafnium–182m 1,000 Hafnium–182 0.1 Hafnium–183 1,000 Hafnium–184 100 Tantalum–172 1,000 Tantalum–173 1,000 Tantalum–174 1,000 Tantalum–175 1,000 Tantalum–176 100 Tantalum–177 1,000 Tantalum–178 1,000 Tantalum–179 100 Tantalum–180m 1,000 Tantalum–180 100 Tantalum–182m 1,000 Tantalum–182 10 Tantalum–183 100 Tantalum–184 100 Tantalum–185 1,000 Tantalum–186 1,000 Tungsten–176 1,000 Tungsten–177 1,000 Tungsten–178 1,000 Tungsten–179 1,000 Tungsten–181 1,000 Tungsten–185 100 Tungsten–187 100 Tungsten–188 10 Rhenium–177 1,000 Rhenium–178 1,000 Rhenium–181 1,000 Rhenium–182 (12.7h) 1,000 Rhenium–182 (64.0 h) 100 Rhenium–184m 10 Rhenium–184 100 Radionuclide Quantity (μCi) *a Rhenium–186m 10 Rhenium–186 100 Rhenium–187 1,000 Rhenium–188m 1,000 Rhenium–188 100 Rhenium–189 100 Osmium–180 1,000 Osmium–181 1,000 Osmium–182 100 Osmium–185 100 Osmium–189m 1,000 Osmium–191m 1,000 Osmium–191 100 Osmium–193 100 Osmium–194 1 Iridium–182 1,000 Iridium–184 1,000 Iridium–185 1,000 Iridium–186 100 Iridium–187 1,000 Iridium–188 100 Iridium–189 100 Iridium–190m 1,000 Iridium–190 100 Iridium–192m (1.4m) 10 Iridium–192 (73.8d) 1 Iridium–194m 10 Iridium–194 100 Iridium–195m 1,000 Iridium–195 1,000 Platinum–186 1,000 Platinum–188 100 Platinum –189 1,000 Platinum–191 100 Platinum–193m 100 Platinum–193 1,000 Platinum–195m 100 Platinum–197m 1,000 Platinum–197 100 Platinum–199 1,000 Platinum–200 100 Gold–193 1,000 Gold–194 100 Gold–195 10 Gold–198m 100 Gold–198 100 Gold–199 100 Gold–200m 100 Gold–200 1,000 Gold–201 1,000 Mercury–193m 100 Mercury–193 1,000 Mercury–194 1 Mercury–195m 100 Mercury–195 1,000 Mercury–197m 100 Radionuclide Quantity (μCi) *a Mercury–197 1,000 Mercury–199m 1,000 Mercury–203 100 Thallium–194m 1,000 Thallium–194 1,000 Thallium–195 1,000 Thallium–197 1,000 Thallium–198m 1,000 Thallium–198 1,000 Thallium–199 1,000 Thallium–200 1,000 Thallium–201 1,000 Thallium–202 100 Thallium–204 100 Lead–195m 1,000 Lead–198 1,000 Lead–199 1,000 Lead–200 100 Lead–201 1,000 Lead–202m 1,000 Lead–202 10 Lead–203 1,000 Lead–205 100 Lead–209 1,000 Lead–210 0.01 Lead–211 100 Lead–212 1 Lead–214 100 Bismuth–200 1,000 Bismuth–201 1,000 Bismuth–202 1,000 Bismuth–203 100 Bismuth–205 100 Bismuth–206 100 Bismuth–207 10 Bismuth–210m 0.1 Bismuth–210 1 Bismuth–212 10 Bismuth–213 10 Bismuth–214 100 Polonium–203 1,000 Polonium–205 1,000 Polonium–207 1,000 Polonium–210 0.1 Astatine–207 100 Astatine–211 10 Radon–220 1 Radon–222 1 Francium–222 100 Francium–223 100 Radium–223 0.1 Radium–224 0.1 Radium–225 0.1 Radium–226 0.1 Radium–227 1,000 Radium–228 0.1 Radionuclide Quantity (μCi) *a Actinium–224 1 Actinium–225 0.01 Actinium–226 0.1 Actinium–227 0.001 Actinium–228 1 Thorium–226 10 Thorium–227 0.01 Thorium–228 0.001 Thorium–229 0.001 Thorium–230 0.001 Thorium–231 100 Thorium–232 100 Thorium–234 10 Thorium–natural 100 Protactinium–227 10 Protactinium–228 1 Protactinium–230 0.1 Protactinium–231 0.001 Protactinium–232 1 Protactinium–233 100 Protactinium–234 100 Uranium–230 0.01 Uranium–231 100 Uranium–232 0.001 Uranium–233 0.001 Uranium–234 0.001 Uranium–235 0.001 Uranium–236 0.001 Uranium–237 100 Uranium–238 100 Uranium–239 1,000 Uranium–240 100 Uranium–natural 100 Neptunium–232 100 Neptunium–233 1,000 Neptunium–234 100 Neptunium–235 100 Neptunium–236 (1.15E+5) 0.001 Neptunium–236 (22.5h) 1 Neptunium–237 0.001 Neptunium–238 10 Neptunium–239 100 Neptunium–240 1,000 Plutonium–234 10 Plutonium–235 1,000 Plutonium–236 0.001 Plutonium–237 100 Plutonium–238 0.001 Plutonium–239 0.001 Plutonium–240 0.001 Plutonium–241 0.01 Plutonium–242 0.001 Plutonium–243 1,000 Radionuclide Quantity (μCi) *a Plutonium–244 0.001 Plutonium–245 100 Americium–237 1,000 Americium–238 100 Americium–239 1,000 Americium–240 100 Americium–241 0.001 Americium–242m 0.001 Americium–242 10 Americium–243 0.001 Americium–244m 100 Americium–244 10 Americium–245 1,000 Americium–246m 1,000 Americium–246 1,000 Curium–238 100 Curium–240 0.1 Curium–241 1 Curium–242 0.01 Curium–243 0.001 Curium–244 0.001 Curium–245 0.001 Curium–246 0.001 Curium–247 0.001 Curium–248 0.001 Curium–249 1,000 Berkelium–245 100 Berkelium–246 100 Berkelium–247 0.001 Berkelium–249 0.1 Berkelium–250 10 Californium–244 100 Californium–246 1 Californium–248 0.01 Californium–249 0.001 Californium–250 0.001 Californium–251 0.001 Californium–252 0.001 Californium–253 0.1 Californium–254 0.001 Einsteinium–250 100 Einsteinium–250 100 Einsteinium–251 100 Einsteinium–253 0.1 Einsteinium–254m 1 Einsteinium–254 0.01 Fermium–252 1 Fermium–253 1 Fermium–254 10 Fermium–255 1 Fermium–257 0.01 Mendelevium–257 10 Mendelevium–258 0.01 Radionuclide Quantity Radionuclide Quantity (μCi) *a (μCi) *a Any alpha–emitting radionuclide not listed above or mixtures of alpha emitters of unknown composition 0.001 Any radionuclide other than alpha emitting radionuclides not listed above, or mixtures of beta emitters of unknown composition 0.01 a The quantities listed above were derived by taking 1/10 of the most restrictive ALI listed in Table 1 Columns 1 and 2 of Schedule RHS 8–30 of this chapter, rounding to the nearest factor of 10, and arbitrarily constraining the values listed between 0.001 and 1,000 μCi (37 Bq and 37 MBq). Values of 100 μCi (3.7 MBq) have been assigned for radionuclides having a radioactive half–life in excess of 109 years, except rhenium, 1,000 μCi (37 MBq), to take into account their low specific activity.

NOTE: For purposes of Rules 0400-20-02-.111, 0400-20-05-.114, and 0400-20-05-.140, where there is involved a combination of radionuclides in known amounts, the limit for the combination shall be derived as follows: determine, for each radionuclide in the combination, the ratio between the quantity present in the combination and the limit otherwise established for the specific radionuclide when not in combination.

The sum of such ratios for all radionuclides in the combination may not exceed “1” –– that is, unity. *a To convert μCi to KBq, multiply the μCi value by 37.

SCHEDULE RHS 8–32

ASSIGNED PROTECTION FACTORS FOR RESPIRATORS a Operating Mode c Assigned Protection Factors I. Air–Purifying Respirators [Particulate b only] c :

Filtering facepiece disposable d Negative Pressure ( d )

Facepiece, half e Negative Pressure 10 Facepiece, full Negative Pressure 100 Facepiece, half Powered air–purifying respirators 50 Facepiece, full Powered air–purifying respirators 1000 Helmet/hood Powered air–purifying respirators 1000 Facepiece, loose–fitting Powered air–purifying respirators 25 II. Atmosphere–Supplying Respirators [Particulate, gases and vapors f ]:

Air–line respirator:

Facepiece, half Demand 10 Facepiece, half Continuous Flow 50 Facepiece, half Pressure Demand 50 Facepiece, full Demand 100 Facepiece, full Continuous Flow 1000 Facepiece, full Pressure Demand 1000 Helmet/hood Continuous Flow 1000 Facepiece, loose–fitting Continuous Flow 25 Suit Continuous Flow ( g )

Self–contained breathing apparatus (SCBA):

Facepiece, full Demand h Facepiece, full Pressure Demand i 10,000 Facepiece, full Demand, Recirculating h Facepiece, full Positive Pressure Recirculating i 10,000 Any combination of air–purifying and atmosphere–supplying respirators Assigned protection factor for type and mode of operation as listed above a These assigned protection factors apply only in a respiratory protection program that meets the requirements of this chapter. They are applicable only to airborne radiological hazards and may not be appropriate to circumstances when chemical or other respiratory hazards exist instead of, or in addition to, radioactive hazards. Selection and use of respirators for such circumstances must also comply with U. S. Department of Labor regulations. Radioactive contaminants for which the concentration values in Table 1, Column 3 of schedule RHS 8–32 in this rule are based on internal dose due to inhalation may, in addition, present external exposure hazards at higher concentrations. Under these circumstances, limitations on occupancy may have to be governed by external dose limits. b Air purifying respirators with APF <100 shall be equipped with particulate filters that are at least 95 percent efficient. Air purifying respirators with APF = 100 shall be equipped with particulate filters that are at least 99 percent efficient. Air purifying respirators with APFs >100 shall be equipped with particulate filters that are at least 99.97 percent efficient. c The licensee may apply to the Division for the use of an APF greater than 1 for sorbent cartridges as protection against airborne radioactive gases and vapors (e.g., radioiodine). d Licensees may permit individuals to use this type of respirator who have not been medically screened or fit tested on the device provided that no credit be taken for their use in estimating intake or dose. It is also recognized that it is difficult to perform an effective positive or negative pressure pre-use user seal check on this type of device. All other respiratory protection program requirements listed in Rule 0400-20-05-.92 apply. An assigned protection factor has not been assigned for these devices. However, an APF equal to 10 may be used if the licensee can demonstrate a fit factor of at least 100 by use of a validated or evaluated, qualitative or quantitative fit test. e Under-chin type only. No distinction is made in this Schedule between elastomeric half-masks with replaceable cartridges and those designed with the filter medium as an integral part of the facepiece (e.g., disposable or reusable disposable). Both types are acceptable so long as the seal area of the latter contains some substantial type of seal-enhancing material such as rubber or plastic, the two or more suspension straps are adjustable, the filter medium is at least 95 percent efficient and all other requirements of this chapter are met. f The assigned protection factors for gases and vapors are not applicable to radioactive contaminants that present an absorption or submersion hazard. For tritium oxide vapor, approximately one-third of the intake occurs by absorption through the skin so that an overall protection factor of 3 is appropriate when atmosphere-supplying respirators are used to protect against tritium oxide. Exposure to radioactive noble gases is not considered a significant respiratory hazard, and protective actions for these contaminants should be based on external (submersion) dose considerations. g No NIOSH approval schedule is currently available for atmosphere supplying suits. This equipment may be used in an acceptable respiratory protection program as long as all the other minimum program requirements, with the exception of fit testing, are met (i.e., Rule 0400-20-05- .92). h The licensee should implement institutional controls to assure that these devices are not used in areas immediately dangerous to life or health (IDLH). i This type of respirator may be used as an emergency device in unknown concentrations for protection against inhalation hazards. External radiation hazards and other limitations to permitted exposure such as skin absorption shall be taken into account in these circumstances.

This device may not be used by any individual who experiences perceptible outward leakage of breathing gas while wearing the device.

SCHEDULE RHS 8-33

REQUIREMENTS FOR TRANSFER OF LOW-LEVEL RADIOACTIVE WASTE

FOR DISPOSAL AT LAND DISPOSAL FACILITIES AND MANIFESTS

I. Manifest.

A waste generator, collector, or processor who transports, or offers for transportation, low-level radioactive waste intended for ultimate disposal at a licensed low-level radioactive waste land disposal facility shall prepare a manifest. The manifest shall contain the information requested on applicable NRC Forms 540 (Uniform Low-Level Radioactive Waste Manifest (Shipping Paper)) and 541 (Uniform Low- Level Radioactive Waste Manifest (Container and Waste Description)) and, if necessary, on an applicable NRC Form 542 (Uniform Low-Level Radioactive Waste Manifest (Manifest Index and Regional Compact Tabulation)). NRC Forms 540 and 540A shall be completed and shall physically accompany the pertinent low-level waste shipment. Upon agreement between shipper and consignee, NRC Forms 541 and 541A and 542 and 542A may be completed, transmitted and stored in electronic media with the capability for producing legible, accurate and complete records of the respective forms. Licensees are not required to comply with the manifesting requirements of this rule when they ship:

LLW for processing and expect its return (i.e., for storage under their license) prior to disposal at a licensed land disposal facility;
LLW that is being returned to the licensee who is the “waste generator” or “generator,” as defined in this rule; or 3. Radioactively contaminated material to a “waste processor” that becomes the processor’s “residual waste.”

For guidance in completing these forms, refer to the instructions that accompany the forms. Copies of manifests required by this appendix may be legible carbon copies, photocopies or computer printouts that reproduce the data in the format of the uniform manifest.

NRC Forms 540, 540A, 541, 541A, 542 and 542A and the accompanying instructions, in hard copy, may be obtained from the Information and Records Management Branch, Office of Information Resources Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-7232.

This appendix includes information requirements of the Department of Transportation, as codified in 49 CFR part 172. Information on hazardous, medical, or other waste, required to meet Environmental Protection Agency regulations, as codified in 40 CFR parts 259, 261 or elsewhere, is not addressed in this rule and must be provided on the required EPA forms. However, the required EPA forms shall accompany the Uniform Low-Level Radioactive Waste Manifest required by this chapter.

As used in this appendix, the following definitions apply:

“Chelating agent” has the same meaning as that given in Rule 0400-20-11-.03.
“Chemical description” means a description of the principal chemical characteristics of a low-level radioactive waste.
“Computer-readable medium” means that the regulatory agency’s computer can transfer the information from the medium into its memory.
“Consignee” means the designated receiver of the shipment of low-level radioactive waste.
“Decontamination facility” means a facility operating under a license issued by the Division, the U.S. Nuclear Regulatory Commission, or another Agreement State, whose principal purpose is decontamination of equipment or materials to accomplish recycle, reuse or other waste management objectives and, for purposes of this rule, is not considered to be a consignee for LLW shipments.
“Disposal container” means a container principally used to confine low-level radioactive waste during disposal operations at a land disposal facility (also see “high integrity container”). Note that for some shipments, the disposal container may be the transport package.
“EPA identification number” means the number received by a transporter following application to the Administrator of EPA as required by 40 CFR 263.
“Generator” means a licensee operating under a license issued by the Division, the U.S. Nuclear Regulatory Commission, or another Agreement State who:

a. Is a waste generator as defined in this rule, or b. Is the licensee to whom waste can be attributed within the context of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (e.g., waste generated as a result of decontamination or recycle activities).

“High integrity container” (HIC) means a container commonly designed to meet the structural stability requirements of paragraph (7) of Rule 0400-20-11-.17 and to meet Department of Transportation requirements for a Type A package.
“Land disposal facility” has the same meaning as that given in Rule 0400-20-11-.03.
“NRC Forms 540, 540A, 541, 541A, 542 and 542A” means official NRC Forms referenced in this

appendix. Licensees need not use originals of these NRC Forms as long as any substitute forms are equivalent to the original documentation in respect to content, clarity, size and location of information. Upon agreement between the shipper and consignee, NRC Forms 541 (and 541A) and NRC Forms 542 (and 542A) may be completed, transmitted and stored in electronic media.

The electronic media shall have the capability for producing legible, accurate and complete records in the format of the uniform manifest.

“Package” means the assembly of components necessary to ensure compliance with the packaging requirements of U.S. DOT regulations, together with its radioactive contents, as presented for transport.
“Physical description” means the items called for on NRC Form 541 to describe a low-level radioactive waste.
“Residual waste” means low-level radioactive waste resulting from processing or decontamination activities that cannot be easily separated into distinct batches attributable to specific waste generators. This waste is attributable to the processor or decontamination facility, as applicable.
“Shipper” means the licensed entity (i.e., the waste generator, waste collector, or waste processor) who offers low-level radioactive waste for transportation, typically consigning this type of waste to a licensed waste collector, waste processor, or land disposal facility operator.
“Shipping paper” means NRC Form 540 and, if required, NRC Form 540A which includes the information required by U.S. DOT in 49 CFR 172.
“Source material” has the same meaning as that given in Rule 0400-20-05-.32.
“Special nuclear material” has the same meaning as that given in T.C.A. §68-202-202(1).
“Uniform Low-Level Radioactive Waste Manifest” (or “uniform manifest”) means the combination of NRC Forms 540, 541 and, if necessary, 542 and their respective continuation sheets as needed, or equivalent.
“Waste collector” means an entity, operating under a license issued by the Division, the U.S. NRC or another Agreement State, whose principal purpose is to collect and consolidate waste generated by others and to transfer this waste, without processing or repackaging the collected waste, to another licensed waste collector, licensed waste processor or licensed land disposal facility.
“Waste description” means the physical, chemical and radiological description of a low-level radioactive waste as called for on NRC Form 541.
“Waste generator” means an entity, operating under a license issued by the Division, the U.S.

NRC or another Agreement State, who:

a. Possesses any material or component that contains radioactivity or is radioactively contaminated for which the licensee foresees no further use, and:

b. Transfers this material or component to a licensed land disposal facility or to a licensed waste collector or processor for handling or treatment before disposal. A licensee performing processing or decontamination services may be a “waste generator” if the transfer of low-level radioactive waste from its facility is defined as “residual waste.”

“Waste processor” means an entity, operating under a license issued by the Division, the U.S.

NRC or another Agreement State, whose principal purpose is to process, repackage or otherwise treat low-level radioactive material or waste generated by others before eventual transfer of waste to a licensed low-level radioactive waste land disposal facility.

“Waste type” means a waste within a disposal container having a unique physical description (i.e., a specific waste descriptor code or description; or a waste sorbed on or solidified in a specifically defined media).

Information Requirements A. General Information The shipper of the radioactive waste shall provide the following information on the uniform manifest:

The name, facility address and telephone number of the licensee shipping the waste.
An explicit declaration indicating whether the shipper is acting as a waste generator, collector, processor, or a combination of these identifiers for the purposes of the manifested shipment; and 3. The name, address and telephone number, or the name and U.S. EPA hazardous waste identification number for the carrier transporting the waste to the land disposal facility.

B. Shipment Information The shipper of the radioactive waste shall provide the following information regarding the waste shipment on the uniform manifest:

The date of the waste shipment;
The total number of packages/disposal containers;
The total disposal volume and disposal weight in the shipments;
The total radionuclide activity in the shipment;
The activity of each of the radionuclides H-3, C-14, Tc-99, and I-129 contained in the shipment; and 6. The total masses of U-233, U-235, and plutonium in special nuclear material, and the total mass of uranium and thorium in source material.

C. Disposal Container and Waste Information.

The shipper of the radioactive waste shall provide the following information on the uniform manifest regarding the waste and each disposal container of waste in the shipment:

An alphabetic or numeric identification that uniquely identifies each disposal container in the shipment;
A physical description of the disposal container, including the manufacturer and model of any high integrity container;
The volume displaced by the disposal container;
The gross weight of the disposal container, including the waste;
For waste consigned to a disposal facility, the maximum radiation level at the surface of each disposal container;
A physical and chemical description of the waste;
The total weight percentage of chelating agent for any waste containing more than 0.1 percent chelating agent by weight, plus the identity of the principal chelating agent;
The approximate volume of waste within a container;
The sorbing or solidification media, if any, and the identity of the solidification media vendor and brand name;
The identities and activities of individual radionuclides contained in each container, the masses of U-233, U-235 and plutonium in special nuclear material, and the masses of uranium and thorium in source material. For discrete waste types (i.e., activated materials, contaminated equipment, mechanical filters, sealed source/devices and wastes in solidification/stabilization media), the identities and activities of individual radionuclides associated with or contained on these waste types within a disposal container shall be reported;
The total radioactivity within each container; and 12. For wastes consigned to a disposal facility, the classification of the waste under paragraph (6) of Rule 0400-20-11-.17. Waste not meeting the structural stability requirements of subparagraph (7)(b) of Rule 0400-20-11-.17 shall be identified.

D. Uncontainerized Waste Information.

The shipper of the radioactive waste shall provide the following information on the uniform manifest regarding a waste shipment delivered without a disposal container:

The approximate volume and weight of the waste;
A physical and chemical description of the waste;
The total weight percentage of chelating agent if the chelating agent exceeds 0.1% by weight, plus the identity of the principal chelating agent;
For waste consigned to a disposal facility, the classification of the waste under paragraph (6) of Rule 0400-20-11-.17. Waste not meeting the structural stability requirements of subparagraph (7)(b) of Rule 0400-20-11-.17 shall be identified;
The identities and activities of individual radionuclides contained in the waste, the masses of U-233, U-235 and plutonium in special nuclear material, and the masses of uranium and thorium in source material; and 6. For wastes consigned to a disposal facility, the maximum radiation levels at the surface of the waste.

E. Multi-Generator Disposal Container Information.

This section applies to disposal containers enclosing mixtures of waste originating from different generators. (Note: The origin of the LLW resulting from a processor’s activities may be attributable to one or more “generators” (including “waste generators”) as defined in this rule). It also applies to mixtures of wastes shipped in an uncontainerized form, for which portions of the mixture within the shipment originate from different generators.

For homogeneous mixtures of waste, such as incinerator ash, provide the waste description applicable to the mixture and the volume of the waste attributed to each generator.
For heterogeneous mixtures of waste, such as the combined products from a large compactor, identify each generator contributing waste to the disposal container and, for discrete waste types (i.e., activated materials, contaminated equipment, mechanical filters, sealed source/devices and wastes in solidification/stabilization media), the identities and activities of individual radionuclides contained on these waste types within the disposal container. For each generator, provide the following:

a. The volume of waste within the disposal container;

b. A physical and chemical description of the waste, including the solidification agent, if any;

c. The total weight percentage of chelating agents for any disposal container containing more than 0.1 percent chelating agent by weight, plus the identity of the principal chelating agent;

d. The sorbing or solidification media, if any, and the identity of the solidification media vendor and brand name if the media is claimed to meet stability requirements in subparagraph (7)(b) of Rule 0400-20-11-.17; and e. Radionuclide identities and activities contained in the waste, the masses of U-233, U-235 and plutonium in special nuclear material, and the masses of uranium and thorium in source material if contained in the waste.

II. Certification.

An authorized representative of the waste generator, processor, or collector shall certify by signing and dating the shipment manifest that the transported materials are properly classified, described, packaged, marked and labeled and are in proper condition for transportation according to the applicable regulations of the U.S. Department of Transportation, the U.S. Nuclear Regulatory Commission and the Division of Radiological Health. A collector, in signing the certification, is certifying that nothing has been done to the collected waste that would invalidate the waste generator’s certification.

III. Control and Tracking.

A. Any licensee who transfers radioactive waste to a land disposal facility or a licensed waste collector shall comply with the requirements in paragraphs A.1 through 9 of this section. Any licensee who transfers waste to a licensed waste processor for waste treatment or repackaging shall comply with the requirements of paragraphs A.4 through 9 of this section. A licensee shall:

Prepare all waste so that the waste is classified according to paragraph (6) of Rule 0400- 20-11-.17 and meets the waste characteristics requirements in paragraph (7) of Rule

Tenn. Comp. R. & Regs. 0400-20-05-.142 REPORTS TO INDIVIDUALS OF EXPOSURE TO RADIATION

(1) Licensees and registrants shall report radiation exposure data for an individual, including the results of any measurements, analyses and calculations of radioactive material deposited or retained in the body of an individual, as specified in this rule.

(2) Each licensee or registrant shall make dose information available to workers as shown in records maintained by the licensee or registrant under the provisions of Rule 0400-20-05- .135. The licensee shall provide an annual report to each individual monitored under Rule

Tenn. Comp. R. & Regs. 0400-20-05-.144 REPORTS OF PLANNED SPECIAL EXPOSURES

The licensee or registrant shall submit a written report to the Division of Radiological Health, at the address given in Rule 0400-20-04-.07, within 30 days following any planned special exposure. The report shall inform the Division that a planned special exposure occurred and provide the information required by Rule 0400-20-05-.134.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Repeal and new rule filed March 3, 2015; effective June 1, 2015.

Tenn. Comp. R. & Regs. 0400-20-05-.143 REPORTS OF EXPOSURES, RADIATION LEVELS, AND CONCENTRATIONS OF

RADIOACTIVE MATERIAL EXCEEDING THE LIMITS.

(1) In addition to the notification required by Rule 0400-20-05-.141, each licensee and registrant shall submit a written report within 30 days after learning of any of the following occurrences:

(a) Any incident for which notification is required by Rule 0400-20-05-.141;

(b) Doses in excess of any of the following:

The occupational dose limits for adults in Rule 0400-20-05-.50;
The occupational dose limits for minors in Rule 0400-20-05-.55;
The limits for an embryo/fetus of a declared pregnant woman in Rule 0400-20- 05-.56;
The limits for an individual member of the public in Rule 0400-20-05-.60;
Any applicable limit in the license or registration; or 6. The ALARA constraints for air emissions established under paragraph (4) of Rule

Tenn. Comp. R. & Regs. 0400-20-05-.145 NOTIFICATIONS, RECORDS, AND REPORTS OF MISADMINISTRATION

(1) Other than events that result from intervention by a patient or human research subject, a licensee or registrant shall report to the Division any event in which the administration of radioactive material, radiation from radioactive material, except permanent implant brachytherapy, or radiation from a radiation producing machine results in:

(a) A dose that differs from the prescribed dose or dose that would have resulted from the prescribed dosage by more than 0.05 Sievert (5 rem) effective dose equivalent, 0.5 Sievert (50 rem) to an organ or tissue, or 0.5 Sievert (50 rem) shallow dose equivalent to the skin; and 1. The total dose delivered differs from the prescribed dose by 20 percent or more;

The total dosage delivered differs from the prescribed dosage by 20 percent or more or falls outside the prescribed dosage range; or 3. The fractionated dose delivered differs from the prescribed dose, for a single fraction, by 50 percent or more.

(b) A dose that exceeds 0.05 Sv (5 rem) effective dose equivalent, 0.5 Sv (50 rem) to an organ or tissue, or 0.5 Sv (50 rem) shallow dose equivalent to the skin from any of the following:

An administration of a wrong radioactive drug or the wrong radionuclide for a brachytherapy procedure;
An administration of a radioactive drug containing radioactive material by the wrong route of administration;

With respect to the limit for the embryo/fetus (Rule 0400-20-05-.56), the identifiers should be those of the declared pregnant woman.

An administration of a dose or dosage to the wrong individual or human research subject;
An administration of a dose or dosage delivered by the wrong mode of treatment; or 5. A leaking sealed source.

0.5 Sv (50 rem) or more the expected dose to that site from the procedure if the administration had been given in accordance with the written directive prepared or revised before administration; and 2. 50 percent or more the expected dose to that site from the procedure if the administration has been given in accordance with the written directive prepared or revised before administration.

(d) A therapeutic radiation machine dose:

Involving the wrong individual, wrong mode of treatment, or wrong treatment site;
When the treatment consists of three or fewer fractions and the calculated total administered dose differs from the total prescribed dose by more than 10 percent of the total prescribed dose;
When the calculated weekly administered dose exceeds the weekly prescribed dose by 30 percent or more of the weekly prescribed dose; or 4. When the calculated total administered dose differs from the total prescribed dose by more than 20 percent of the total prescribed dose.

(2) For permanent implant brachytherapy, the administration of radioactive material or radiation from radioactive material (excluding sources that were implanted in the correct site but migrated outside the treatment site) that results in:

(a) The total source strength administered differing by 20 percent or more from the total source strength documented in the post-implantation portion of the written directive;

(b) The total source strength administered outside of the treatment site exceeding 20 percent of the total source strength documented in the post-implantation portion of the written directive; or (c) An administration that includes any of the following:

The wrong radionuclide;
The wrong individual or human research subject;
Sealed source(s) implanted directly into a location discontiguous from the treatment site, as documented in the post-implantation portion of the written directive; or 4. A leaking sealed source resulting in a dose that exceeds 0.5 Sv (50 rem) to an organ or tissue.

(3) A licensee or registrant shall report to the Division any event resulting from intervention of a patient or human research subject in which the administration of radioactive material or radiation from radioactive material results or will result in unintended permanent functional damage to an organ or a physiological system, as determined by a physician.

(4) A licensee or registrant shall notify the Division at the number given in Rule 0400-20-04-.07 no later than the next calendar day after discovery of the misadministration.

(5) A licensee or registrant shall submit a written report to the Division at the address listed in

Rule 0400-20-04-.07 within 15 days after discovery of the misadministration.

(a) The written report must include:

The licensee or registrant’s name;
The name of the prescribing physician;
A brief description of the event;
Why the event occurred;
The effect, if any, on the individual(s) who received the administration;
What actions, if any, have been taken or are planned to prevent recurrence; and 7. Certification that the licensee or registrant notified the individual (or the individual’s responsible relative or guardian), and if not, an explanation of why not.

(b) The report may not contain the individual’s name or any other information that could lead to identification of the individual.

(6) A licensee or registrant shall provide notification of the misadministration to the referring physician and also notify the individual who is the subject of the misadministration no later than 24 hours after its discovery, unless the referring physician personally informs the licensee or registrant either that they will inform the individual or that, based on medical judgment, telling the individual would be harmful. The licensee or registrant is not required to notify the individual without first consulting the referring physician. If the referring physician or the affected individual cannot be reached within 24 hours, the licensee or registrant shall notify the individual as soon as possible thereafter. The licensee or registrant may not delay any appropriate medical care for the individual, including any necessary remedial care as a result of the misadministration, because of any delay in notification. To meet the requirements of this rule, the notification of the individual who is the subject of the misadministration may be made instead to that individual’s responsible relative or guardian. If a verbal notification is made, the licensee or registrant shall inform the individual or appropriate responsible relative or guardian that a written description of the event can be obtained from the licensee upon request. The licensee or registrant shall provide a written description if requested.

(7) Aside from the notification requirement, nothing in this rule affects any rights or duties of licensees, registrants, and physicians in relation to each other, to individuals affected by the misadministration, or to that individual’s responsible relatives or guardians.

(8) A licensee or registrant shall:

(a) Retain a record of a misadministration in accordance with this rule for three years;

(b) Annotate a copy of the report of a misadministration provided to the Division with:

The licensee’s or registrant’s name;
The names of the individuals involved;
The identification number, or if no other identification number is available, the social security number of the individual who is the subject of the misadministration;
A brief description of the event and why it occurred;
The effect, if any, on the individual;
The actions, if any, taken, or planned, to prevent recurrence; and 7. Whether the licensee or registrant notified the individual (or the individual’s responsible relative or guardian) and, if not, whether such failure to notify was based on guidance from the referring physician.

(c) Provide a copy of the annotated report to the referring physician if other than the licensee or registrant within 15 days after discovery of the misadministration.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-05-.146 REPORTS TO INDIVIDUALS OF EXCEEDING DOSE LIMITS

When a licensee or registrant is required by Rule 0400-20-05-.143 or 0400-20-05-.144 to report to the Division any exposure of an identified occupationally exposed individual, or an identified member of the public, to radiation or radioactive material, the licensee or registrant shall also provide the individual a report on his or her exposure data included in the report to the Division. This report must be transmitted no later than the transmittal to the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.160 VIOLATIONS

A violation of any of these standards subjects the violator to possible civil and criminal penalties.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.17 ;

Label each package of waste to identify whether it is Class A waste, Class B waste, or Class C waste, in accordance with paragraphs (6) and (8) of Rule 0400-20-11-.17;
Conduct a quality assurance program to assure compliance with paragraphs (6) and (7) of Rule 0400-20-11-.17 (the program shall include management evaluation of audits);
Forward a copy or electronically transfer the Uniform Low-Level Radioactive Waste Manifest to the intended consignee so that either:

a. Receipt of the manifest precedes the LLW shipment, or b. The manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee.

c. Using both a. and b. is also acceptable;

Include NRC Form 540 (and NRC Form 540A, if required) with the shipment regardless of the option chosen in Subsection III.C.6 of this Schedule;
Receive acknowledgement of the receipt of the shipment in the form of a signed copy of NRC Form 540;
Retain a copy of or electronically store the Uniform Low-Level Radioactive Waste Manifest and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by Chapter 0400-20-10;
For any shipment or any part of a shipment for which acknowledgement of receipt has not been received within the times set forth in this appendix, conduct an investigation in accordance with Section III.E. of this Schedule; and 11. Notify the shipper and the Director, Division of Radiological Health, when any shipment, or part of a shipment, has not arrived within 60 days after receipt of an advance manifest, unless notified by the shipper that the shipment has been cancelled.

D. The land disposal facility operator shall:

Acknowledge receipt of the waste within 1 week of receipt by returning, as a minimum, a signed copy of NRC Form 540 to the shipper. The shipper to be notified is the licensee who last possessed the waste and transferred the waste to the operator. If any discrepancy exists between materials listed on the Uniform Low-Level Radioactive Waste Manifest and materials received, copies or electronic transfer of the affected forms must be returned indicating the discrepancy;
Maintain copies of all completed manifests and electronically store the information required by paragraph (1) of Rule 0400-20-11-.19 until the Division terminates the license; and 3. Notify the shipper and the Director, Division of Radiological Health, when any shipment, or part of a shipment, has not arrived within 60 days after receipt of an advance manifest, unless notified by the shipper that the shipment has been cancelled.

E. Any shipment or part of a shipment for which acknowledgement is not received within the times set forth in this section shall:

Be investigated by the shipper if the shipper has not received notification or receipt within 20 days after transfer; and 2. Be traced and reported. The investigation shall include tracing the shipment and filing a report with the Director, Division of Radiological Health, at the address given in Rule

Tenn. Comp. R. & Regs. 0400-20-04-.07 . Each licensee who conducts a trace investigation shall file a written report with the Division within 2 weeks of completion of the investigation.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.162 TYPE X QUANTITIES AND TRANSPORT GROUPS

(1) Transport group as used in this rule means any one of seven groups into which radionuclides in normal form are classified, according to their toxicity and their relative potential hazard in transport, in Table RHS 2–3.

(a) Any radionuclide, not specifically listed in one of the groups in Table RHS 2–3 shall be assigned to one of the groups in accordance with Table RHS 2–2.

(b) For mixtures of radionuclides the following shall apply:

If the identity and respective activity of each radionuclide are known, the permissible activity of each radionuclide shall be such that the sum, for all groups present, of the ratio between the total activity for each group to the permissible activity for each group will not be greater than unity.
If the groups of the radionuclides are known, but the activity in each group cannot be reasonably determined, the mixture shall be assigned to the most restrictive group present.
If the identity of all or some of the radionuclides cannot be reasonably determined, each of the unidentified radionuclides shall be considered as belonging to the most restrictive group that cannot be positively excluded.
Mixtures consisting of a single radioactive decay chain where the radionuclides are in the naturally occurring proportions shall be considered as consisting of a single radionuclide. The group and activity shall be that of the first member present in the chain, except that if a radionuclide “x” has a half–life longer than that of the first member and an activity greater than that of any other member, including the first, at any time during transportation, the group of the nuclide “x” and the activity of the mixture shall be the maximum activity of that nuclide “x” during transportation.

TABLE RHS 2–1

TYPE X QUANTITIES

Transport Group Type X Quantity Limit (in curies)

I 0.001

II 0.050

III 3

IV 20

V 20

VI 1,000

VII 1,000

Special Form 20 TABLE RHS 2–2 Radioactive half–life Radionuclide 0 to 1,000 days 1,000 days to one million years over one million years Atomic Number 1–81 Group III Group II Group III Atomic Number 82 and Over Group I Group I Group III TABLE RHS 2–3 TRANSPORT GROUPING OF RADIONUCLIDES Element * Radionuclide *** Group Actinium (89) Ac–227 I Ac–228 I Americium (95) Am–241 I Am–243 I Antimony (51) Sb–122 IV Sb–124 III Sb–125 III Argon (18) Ar–37 VI Ar–41 II Ar–41 (uncompressed) ** V Arsenic (33) As–73 IV As–74 IV As–76 IV As–77 IV Astatine (85) At–211 III Barium (56) Ba–131 IV Ba–133 II Ba–140 III Berkelium (97) Bk–249 I Beryllium (4) Be–7 IV Bismuth (83) Bi–206 IV Bi–207 III Bi–210 II Bi–212 III Bromine (35) Br –82 IV Cadmium (48) Cd–109 IV Cd–115 m III Cd–115 IV Calcium (20) Ca–45 IV Ca–47 IV Californium (98) Cf–249 I Cf–250 I Cf–252 I Carbon (6) C–14 IV Cerium (58) Ce–141 IV Ce–143 IV Ce–144 III * Atomic number shown in parentheses. *** Atomic weight shown after the radionuclide symbol. ** Uncompressed means at a pressure not exceeding one atmosphere. m Metastable State.

Element * Radionuclide *** Group Cesium (55) Cs–131 IV Cs–134 m III Cs–134 III Cs–135 IV Cs–136 IV Cs–137 III Chlorine (17) Cl–36 III Cl–38 IV Chromium (24) Cr–51 IV Cobalt (27) Co–56 III Co–57 IV Co–58 m IV Co–58 IV Co–60 III Copper (29) Cu–64 IV Curium (96) Cm–242 I Cm–243 I Cm–244 I Cm–245 I Cm–246 I Dysprosium (66) Dy–154 III Dy–165 IV Dy–166 IV Erbium (68) Er–169 IV Er–171 IV Europium (63) Eu–130 III Eu–152 m IV Eu–152 III Eu–154 II Eu–155 IV Fluorine (9) F–18 IV Gadolinium (64) Gd–153 IV Gd–159 IV Gallium (31) Ga–67 III Ga–72 IV Germanium (32) Ge–71 IV Gold (79) Au–193 III Au–194 III Au–195 III Au–196 IV Au–198 IV Au–199 IV Hafnium (72) Hf–181 IV Holmium (67) Ho–166 IV Hydrogen (1) H–3 (see tritium)

Indium (49) In–113 m IV In–114 m III In–115 m IV In–115 IV Iodine (53) I–124 IV I–125 III m Metastable State.

Element * Radionuclide *** Group I–126 III I–129 III I–131 III I–132 IV I–133 III I–134 IV I–135 IV Iridium (77) Ir–190 IV Ir–192 III Ir–194 IV Iron (26) Fe–55 IV Fe–59 IV Krypton (36) Kr–85 m III Kr–85 m (uncompressed) ** V Kr–85 III Kr–85 (uncompressed) ** II Kr–87 (uncompressed) ** V Lanthanum (57) La–140 IV Lead (82) Pb–203 IV Pb–210 II Pb–212 II Lutetium (71) Lu–172 IV Lu–177 IV Magnesium (12) Mg–28 IV Manganese (25) Mn–52 IV Mn–54 IV Mn–56 IV Mercury (80) Hg–197 m IV Hg–197 IV Hg–203 IV Mixed fission products (MFP) II Molybdenum (42) Mo–99 IV Neodymium (60) Nd–147 IV Nd–149 IV Neptunium (93) Np–237 I Np–239 I Nickel (28) Ni–56 III Ni–59 IV Ni–63 IV Ni–65 IV Niobium (41) Nb–93 m IV Nb–95 IV Nb–97 IV Osmium (76) Os–185 IV Os–191 m IV Os–191 IV Os–193 IV Palladium (46) Pd–103 IV Pd–109 IV Phosphorus (15) P–32 IV Platinum (78) Pt–191 IV Pt–193 IV ** Uncompressed means at a pressure not exceeding one atmosphere. m Metastable State.

Element * Radionuclide *** Group Pt–193 m I Pt–197 m IV Pt–197 IV Plutonium (94) Pu–238 (F)

I Pu–239 (F)

I Pu–240 I Pu–241 (F)

I Pu–242 I Polonium (84) Po–210 I Potassium (19) K–42 IV K–43 III Praseodymium (59) Pr–142 IV Pr–143 IV Promethium (61) Pm–147 IV Pm–149 IV Protactinium (91) Pa–230 I Pa–231 I Pa–233 II Radium (88) Ra–223 II Ra–224 II Ra–226 I Ra–228 I Radon (86) Rn–220 IV Rn–222 II Rhenium (75) Re–183 IV Re–186 IV Re–187 IV Re–188 IV Re Natural IV Rhodium (45) Rh–103 m IV Rh–105 IV Rubidium (37) Rb–86 IV Rb–87 IV Rb Natural IV Ruthenium (44) Ru–97 IV Ru–103 IV Ru–105 IV Ru–106 III Samarium (62) Sm–145 III Sm–147 III Sm–151 IV Sm–153 IV Scandium (21) Sc–46 III Sc–47 IV Sc–48 IV Selenium (34) Se–75 IV Silicon (14) Si–31 IV Silver (47) Ag–105 IV Ag–110 m III Ag–111 IV Sodium (11) Na–22 III (F)

Fissile material.

(F)

Fissile material. m Metastable State.

Element * Radionuclide *** Group Na–24 IV Strontium (38) Sr–85 m IV Sr–85 IV Sr–89 III Sr–90 II Sr–91 III Sr–92 IV Sulfur (16) S–35 IV Tantalum (73) Ta–182 III Technetium (43) Tc–96 IV Tc–96 IV Tc–97 m IV Tc–97 IV Tc–99 m IV Tc–99 IV Tellurium (52) Te–125 m IV Te–127 m IV Te–127 IV Te–129 m III Te–129 IV Te–131 m III Te–132 IV Terbium (65) Tb–160 III Thallium (81) Tl–200 IV Tl–201 IV Tl–202 IV Tl–204 III Thorium (90) Th–227 II Th–228 I Th–230 I Th–231 I Th–232 III Th–234 II Th Natural III Thulium (69) Tm–168 III Tm–170 III Tm–171 IV Tin (50) Sn–113 IV Sn–117 m III Sn–121 III Sn–125 IV Tritium (1) H–3 IV H–3 (as a gas, as luminous paint, or absorbed on solid material)

VII Tungsten (74) W–181 IV W–185 IV W–187 IV Uranium (92) U–230 II U–232 I U–233 (F)

II U–234 II

U–235

(F) III

Metasable State (F)

Fissile material.

Element * Radionuclide *** Group U–236 II U–238 III U Natural III U Enriched (F)

III U Depleted III Vanadium (23) V–48 IV V–49 III Xenon (54) Xe–125 III Xe–131 m III Xe–131 m (uncompressed) ** V Xe–133 III Xe–133 (uncompressed) ** VI Xe–135 II Xe–135 (uncompressed) ** V Ytterbium (70) Yb–175 IV Yttrium (39) Y–88 III Y–90 IV Y–91 m III Y–91 III Y–92 IV Y–93 IV Zinc (30) Zn–65 IV Zn–69 m IV Zn–68 IV Zn–69 IV Zirconium (40) Zr–93 IV Zr–95 III Zr–97 IV

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.163 REPORTS OF TRANSACTIONS INVOLVING NATIONALLY TRACKED SOURCES

Each licensee who manufactures, transfers, receives, disassembles, or disposes of a nationally tracked source shall complete and submit to the NRC a National Source Tracking Transaction Report as specified in paragraphs (1) through (5) of this rule for each type of transaction.

(1) Each licensee who manufactures a nationally tracked source shall complete and submit a National Source Tracking Transaction Report. The report must include the following information:

(a) The name, address, and license number of the reporting licensee;

(b) The name of the individual preparing the report;

(d) The radioactive material in the source; ** Uncompressed means at a pressure not exceeding one atmosphere. m Metastable State.

(e) The initial source strength in becquerels (curies) at the time of manufacture; and (f) The manufacture date of the source.

(2) Each licensee that transfers a nationally tracked source to another person shall complete and submit a National Source Tracking Transaction Report. The report must include the following information:

(a) The name, address, and license number of the reporting licensee;

(b) The name of the individual preparing the report;

(d) The manufacturer, model, and serial number of the source or, if not available, other information to uniquely identify the source;

(e) The radioactive material in the source;

(f) The initial or current source strength in becquerels (curies);

(g) The date for which the source strength is reported;

(h) The shipping date;

(i) The estimated arrival date; and (j) For nationally tracked sources transferred as waste under a Uniform Low-Level Radioactive Waste Manifest, the waste manifest number and the container identification of the container with the nationally tracked source.

(3) Each licensee that receives a nationally tracked source shall complete and submit a National Source Tracking Transaction Report. The report must include the following information:

(a) The name, address, and license number of the reporting licensee;

(b) The name of the individual preparing the report;

(d) The manufacturer, model, and serial number of the source or, if not available, other information to uniquely identify the source;

(e) The radioactive material in the source;

(f) The initial or current source strength in becquerels (curies);

(g) The date for which the source strength is reported;

(h) The date of receipt; and (i) For material received under a Uniform Low-Level Radioactive Waste Manifest, the waste manifest number and the container identification with the nationally tracked source.

(4) Each licensee that disassembles a nationally tracked source shall complete and submit a National Source Tracking Transaction Report. The report must include the following information:

(a) The name, address, and license number of the reporting licensee;

(b) The name of the individual preparing the report;

(c) The manufacturer, model, and serial number of the source or, if not available, other information to uniquely identify the source;

(d) The radioactive material in the source;

(e) The initial or current source strength in becquerels (curies);

(f) The date for which the source strength is reported;

(g) The disassemble date of the source.

(5) Each licensee who disposes of a nationally tracked source shall complete and submit a National Source Tracking Transaction Report. The report must include the following information:

(a) The name, address, and license number of the reporting licensee;

(b) The name of the individual preparing the report;

(d) The container identification with the nationally tracked source;

(e) The date of disposal; and (f) The method of disposal.

(6) The National Source Tracking Transaction Report discussed in paragraphs (1) through (5) of this rule must be submitted to the U.S. NRC by the close of the next business day after the transaction. A single report may be submitted for multiple sources and transactions. The reports must be submitted to the National Source Tracking System by using:

(a) The on-line National Source Tracking System;

(b) Electronically using a computer-readable format;

(d) By mail to the address on the NRC Form 748 National Source Tracking Transaction Report Form; or (e) By telephone with follow up by facsimile or mail.

(7) Each licensee shall correct any error in previously filed reports or file a new report for any missed transaction within 5 business days of the discovery of the error or missed transaction.

Such errors may be detected by a variety of methods such as administrative reviews or by physical inventories required by regulation. In addition, each licensee shall reconcile the inventory of nationally tracked sources possessed by the licensee against that licensee’s data in the National Source Tracking System. The reconciliation must be conducted during the month of January in each year. The reconciliation process must include resolving any discrepancies between the National Source Tracking System and the actual inventory by filing the reports identified by paragraphs (1) through (5) of this rule. By January 31 of each year, each licensee must submit to the National Source Tracking System confirmation that the data in the National Source Tracking System is correct.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.164 NATIONALLY TRACKED SOURCE THRESHOLDS

The Terabecquerel (TBq) values are the regulatory standard. The curie (Ci) values specified are obtained by converting from the TBq value. The curie values are provided for practical usefulness only and are rounded after conversion.

Radioactive material Category 1 (TBq)

Category 1 (Ci)

Category 2 (TBq)

Category 2 (Ci)

Actinium-227 20 540 0.2 5.4 Americium-241 60 1,600 0.6 16 Americium-241/Be 60 1,600 0.6 16 Californium-252 20 540 0.2 5.4 Cobalt-60 30 810 0.3 8.1 Curium-244 50 1,400 0.5 14 Cesium-137 100 2,700 1 27 Gadolinium-153 1,000 27,000 10 270 Iridium-192 80 2,200 0.8 22 Plutonium-238 60 1,600 0.6 16 Plutonium-239/Be 60 1,600 0.6 16 Polonium-210 60 1,600 0.6 16 Promethium-147 40,000 1,100,000 400 11,000 Radium-226 40 1,100 0.4 11 Selenium-75 200 5,400 2 54 Strontium-90 1,000 27,000 10 270 Thorium-228 20 540 0.2 5.4 Thorium-229 20 540 0.2 5.4 Thulium-170 20,000 540,000 200 5,400 Ytterbium-169 300 8,100 3 81

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-05-.165 REPORT, NOTIFICATION, AND RECORDS OF A DOSE TO AN EMBRYO/FETUS

OR A NURSING CHILD.

(1) A licensee or registrant shall report to the Division at the address listed in Rule 0400-20-04- .07, any dose to an embryo/fetus that is greater than 50 mSv (5 rem) dose equivalent that is a result of an administration of radioactive material or radiation from radioactive material to a pregnant individual unless the dose to the embryo/fetus was specifically approved, in advance, by the authorized user.

(2) A licensee or registrant shall report any dose to a nursing child, that was not specifically approved, in advance, by the authorized user, that is a result of an administration of radioactive material to a breast-feeding individual that:

(a) Is greater than 50 mSv (5 rem) total effective dose equivalent; or (b) Has resulted in unintended permanent functional damage to an organ or a physiological system of the child, as determined by a physician.

(3) A licensee or registrant shall notify the Division at the number given in Rule 0400-20-04-.07 no later than the next calendar day after discovery of a dose to the embryo/fetus or nursing child that requires a report in paragraph (1) or (2) of this rule.

(4) A licensee or registrant shall submit a written report to the Division within 15 days after discovery of a dose to the embryo/fetus or nursing child that requires a report in paragraph (1) or (2) of this rule.

(a) The written report must include:

The licensee or registrant’s name;
The name of the prescribing physician;
A brief description of the event;
Why the event occurred;
The effect, if any, on the embryo/fetus or the nursing child;
What actions, if any, have been taken or are planned to prevent recurrence; and 7. Certification that the licensee or registrant notified the pregnant individual or mother (or the mother’s or child’s responsible relative or guardian), and if not, why not.

(b) The report must not contain the individual’s or child’s name or any other information that could lead to identification of the individual or child.

(5) A licensee or registrant shall provide notification of the event to the referring physician and also notify the pregnant individual or mother, both hereafter referred to as the mother, no later than 24 hours after discovery of an event that would require reporting under paragraph (1) or (2) of this rule, unless the referring physician personally informs the licensee or registrant either that they will inform the mother or that, based on medical judgment, telling the mother would be harmful. The licensee or registrant is not required to notify the mother without first consulting with the referring physician. If the referring physician or mother cannot be reached within 24 hours, the licensee or registrant shall make the appropriate notifications as soon as possible thereafter. The licensee or registrant may not delay any appropriate medical care for the embryo/fetus or for the nursing child, including any necessary remedial care as a result of the event, because of any delay in notification. To meet the requirements of this paragraph, the notification may be made to the mother’s or child’s responsible relative or guardian instead of the mother. If a verbal notification is made, the licensee or registrant shall inform the mother, or the mother’s or child’s responsible relative or guardian, that a written description of the event can be obtained from the licensee upon request. The licensee or registrant shall provide a written description if requested.

(6) A licensee or registrant shall:

(a) Retain a record of a dose to an embryo/fetus or a nursing child in accordance with this

rule for three years;

(b) Annotate a copy of the report of the event provided to the Division with:

The licensee’s or registrant’s name;
The names of the individuals involved;
The identification number, or if no other identification number is available, the social security number of the individual who is subject of the event;
A brief description of the event and why it occurred;
The effect, if any, on the individual, embryo/fetus, or nursing child;
The actions, if any, taken or planned, to prevent recurrence; and 7. Whether the licensee or registrant notified the pregnant individual or mother (or the mother’s or child’s responsible relative or guardian) and, if not, whether such failure to notify was based on guidance from the referring physician.

(c) Provide a copy of the annotated report to the referring physician if other than the licensee or registrant within 15 days after discovery of the event.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Chapter 0400-20-06 Use of X-Ray Apparatus (Transferred from 1200-02-06 which was repealed)

Tenn. Comp. R. & Regs. 0400-20-06-.01 PURPOSE

This Chapter establishes requirements for the use of x-ray apparatus, except industrial radiography. The provisions of this Chapter are in addition to and not in substitution for other applicable provisions of these regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-06-.02 SCOPE

Except as otherwise specifically provided, this Chapter applies to all uses of x-ray apparatus in the healing arts, veterinary medicine, industry and educational institutions.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-06-.03 DEFINITIONS

(1) “Accessible surface” means the external surface of the enclosure or housing provided by the manufacturer.

(2) “Added filter” means the filter added to the inherent filtration.

(3) “Aluminum equivalent” means the thickness of aluminum (Type 1100 alloy) affording the same attenuation, under specified conditions, as the material in question.

(4) “Analytical x-ray equipment” means any device that utilizes x-rays for the purpose of examining the microstructure of materials.

(5) “Attenuation block” means a block or stack, having dimensions 20 cm by 20 cm by 3.8 cm, or type 1100 aluminum alloy or other materials having equivalent attenuation.

(6) “Automatic exposure control” means a device that automatically controls one or more technique factors in order to obtain at a pre-selected location(s) a required quantity of radiation.

The nominal chemical composition of type 1100 aluminum alloy is 99.00 percent minimum aluminum, 0.12 percent copper.

“Aluminum – Standards and Data,” The Aluminum Association, New York, New York. (1969).

(7) “Beam axis” means a line from the source through the centers of the x-ray fields.

(8) “Beam-limiting device” means a device that provides a means to restrict the dimensions of the x-ray field.

(9) “Certified components” means components of diagnostic x-ray systems that are subject to regulations promulgated under P.L. 90-602.

(10) “Collimator” means a device or mechanism by which the x-ray beam is restricted in size.

(11) “Control panel” means that part of the x-ray control upon which are mounted the switches, knobs, pushbuttons, and other hardware necessary for manually setting the technique factors.

(12) “Contact therapy apparatus” means x-ray apparatus designed for therapy at very short treatment distances, 5 centimeters or less, usually employing tube potentials in the range of 20 to 50 kVp.

(13) “Dead-man switch” means a switch so constructed that a circuit closing contact can be maintained only by continuous pressure on the switch by the operator.

(14) “Diagnostic source assembly” means the tube housing assembly with a beam-limiting device attached.

(15) “Diagnostic type tube housing” means x-ray tube housing so constructed that at a distance of 1 meter from the target, the leakage cannot exceed 100 milliroentgens in 1 hour when the tube is operated at its maximum continuous rated current for the maximum rated tube potential. An acceptable method for the determination of the maximum leakage from an x-ray tube is to take measurements at 8 compass points in each of the 3 planes at right angles to each other at 1 meter from the target with the useful beam blocked with ten half-value layers (HVL) of attenuating material.

(16) “Diagnostic x-ray system” means an x-ray system designed for irradiation of any part of the human body for the purpose of diagnosis or visualization.

(17) “Diaphragm” means a device or mechanism by which the x-ray beam is restricted in size.

(18) “Entrance exposure rate” means the roentgens per minute at the point where the center of the useful beam enters the patient.

(19) “Equipment” means x-ray equipment.

(20) “Fail-safe design” means one in which all failures of indicator of safety components that can reasonably be anticipated cause the equipment to fail in a mode such that personnel are safe from exposure to radiation. For example: (a) if a light indicating X-RAY ON fails, the production of x-rays shall be prevented, and (b) if a shutter status indicator fails, the shutter shall close.

(21) “Field emission equipment” means equipment that uses an x-ray tube in which electron emission from the cathode is due solely to the action of an electric field.

(22) “Filter” means material placed in the useful beam to absorb preferentially the less penetrating radiations.

(23) “Fluoroscopic imaging assembly” means a component that comprises a reception system in which x-ray photons produce a fluoroscopic image. It includes equipment housing, electrical (Rule 0400- 20-06-.03, continued) interlocks if any, the primary protective barrier, and structural material providing linkage between the image receptor and the diagnostic source assembly.

(24) “General purpose radiographic x-ray system” means any radiographic x-ray system that, by design, is not limited to radiographic examination of specific anatomical regions.

(25) “Gonadal shield” means a protective barrier for the gonads.

(26) “Half-value layer” (HVL) means thickness of an absorber required to reduce a beam of radiation to one-half its incident exposure rate.

(27) “Image intensifier” means a device that converts instantaneously by means of photo-emissive surfaces and electronic circuitry an x-ray pattern into a light pattern of greater intensity than would have been produced by the original x-ray pattern.

(28) “Image receptor” means any device, such as a “fluorescent screen or radiographic film,” that transforms incident x-ray photons either into a visible image or into another form that can be made into a visible image by further transformations.

(29) “Inherent filtration” means the filtration permanently in the useful beam; it includes the window of the x-ray tube and any permanent tube or source enclosure.

(30) “Kilovolts peak” (kVp) means the crest value in kilovolts of the potential difference of a pulsating potential generator. When only one-half of the wave is used, the value refers to the useful half of the wave.

(31) “kWs” means kilowatt second which is equal to the product of kilovolts, amperes, and seconds or 10 kVp.mA.sec.

(32) “Lead equivalent” means the thickness of lead affording the same attenuation, under specified conditions, as the material in question.

(33) “Leakage radiation” means radiation emanating from the diagnostic source assembly except for:

(a) The useful beam and (b) Radiation produced when the exposure switch or timer is not activated.

(34) “Leakage technique factors” means the technique factors associated with the tube housing assembly that are used in measuring leakage radiation. They are defined as follows:

(a) For capacitor energy storage equipment, the maximum rated number of exposures in an hour for operation at the maximum rated peak tube potential with the quantity of charge per exposure being 10 millicoulombs (mAs) or the minimum obtainable from the unit, whichever is larger.

(b) For field emission equipment rated for pulsed operation, the maximum rated number of x- ray pulses in an hour for operation at the maximum rated peak tube potential.

(35) “Light field” means that area of the intersection of the light beam from the beam-limiting device and one of the set of planes parallel to and including the plane of the image receptor, whose perimeter is the locus of points at which the illumination is one-fourth of the maximum in the intersection.

(36) “Misadministration” means an event that meets the criteria in Rule 0400-20-05-.145.

(37) “Mobile equipment.” See “X-ray equipment.”

(38) “Multipurpose radiographic equipment” means an x-ray machine designed or used for radiographic examinations of more than one part of the body, or one designed or used for both diagnosis and therapy.

(39) “Normal operation” means operation under conditions suitable for collecting data as recommended by a manufacturer of the x-ray system. Recommended shielding and barriers shall be in place.

(40) “Open beam x-ray equipment” means an analytical x-ray producing device designed in such a way that the primary beam is not completely enclosed by the tube housing-apparatus complex during normal operation.

(41) “Phototimer” means a method for timing radiation exposures to image receptors by the amount of radiation that reaches a sensitive photo tube behind the receptor and that provides a means for precisely reproducing densities on these receptors.

(42) “Primary beam”. See “Useful beam” as defined in Rule 0400-20-04-.04.

(43) “Peak tube potential” means the maximum value of the potential difference across the x-ray tube during an exposure.

(44) “Portable equipment.” See “X-ray equipment.”

(45) “Position indicating device” (PID) means a device on dental x-ray equipment used to indicate the beam position and to establish a definite source-surface (skin) distance. It may or may not incorporate or serve as a beam-limiting device.

(46) “Protective apron” means an apron made of radiation absorbing materials equivalent to at least 0.25 millimeters of lead used to reduce radiation.

(47) “Protective glove” means a glove made of radiation absorbing materials equivalent to at least 0.25 millimeters of lead used to reduce radiation exposure.

(48) “Qualified individual” means an individual who has demonstrated to the satisfaction of the Division that he possesses the knowledge and training to measure ionizing radiation, to evaluate safety techniques and to advise regarding radiation protection needs.

(49) “Radiograph” means a permanent picture or image produced on a sensitive surface by a form of radiation other than visible light.

(50) “Rating” means the operating limits as specified by the original component manufacturer.

(51) “Recording” means producing a permanent form of an image resulting from x-ray photons (e.g., film, video tape).

(52) “Scattered radiation” means radiation that, during passage through matter, has been deviated in direction. It may also have been modified by a decrease in energy.

(53) “Shutter” means an adjustable device, generally of lead, fixed to an x-ray tube housing to intercept or collimate the useful beam.

(54) “Source” means the focal spot of the x-ray tube.

(55) “Source-image receptor distance” (SID) means the distance from the source to the center of the input surface of the image receptor.

(56) “Stationary equipment.” See “X-ray equipment.”

(57) “Stray radiation” means the sum of leakage and scattered radiation.

(58) “Technique factors” means the conditions of operation. They are specified as follows:

(a) For capacitor energy storage equipment, peak tube potential in kV and quantity of charge in mAs.

(b) For field emission equipment rated for pulsed operation, peak tube potential in kV and number of x-ray pulses.

(c) For all other equipment, peak tube potential in kV and either tube current in mA and exposure time in seconds, or the product of the tube current and exposure time in mAs.

(59) “Total filter” means the sum of the inherent and added filters.

(60) “Tube” means an x-ray tube, unless otherwise specified.

(61) “Tube housing-apparatus complex” means those parts of an analytical x-ray device in which x-rays are produced and utilized.

(62) “Tube housing assembly” means the tube housing with tube installed. It includes high-voltage and/or filament transformers and other appropriate elements when they are contained within the tube housing.

(63) “Tube rating chart” means the set of curves that specify the rated limits of operation of the tube in terms of the technique factors.

(64) “Variable-aperture beam-limiting device” means a beam-limiting device that has capacity for stepless adjustment of the x-ray field size at given SID.

(65) “Visible area” means that portion of the input surface of the image receptor over which incident x-ray photons are producing a visible image.

(66) “X-ray apparatus” means any device for the production of x-rays.

(67) “X-ray control” means a device that controls input power to the x-ray high-voltage generator and/or the x-ray tube. It includes equipment that controls the technique factors of the x-ray exposure.

(68) “X-ray equipment” means an x-ray system, subsystem, or component thereof.

(a) Mobile means x-ray equipment mounted on a permanent base with wheels and/or casters for moving while completely assembled.

(b) Portable means x-ray equipment designed to be hand-carried.

(Rule 0400- 20-06-.03, continued)

(d) Transportable means x-ray equipment to be installed in a vehicle or that may be readily disassembled for transport in a vehicle.

(e) “Hand-held” means portable X-ray equipment that is specifically designed to operate when held in a person’s hand and is approved by the U.S. Food and Drug Administration (FDA).

(69) “X-ray field” means that area of the intersection of the useful beam and any one of the set of planes parallel to and including the plane of the image receptor whose perimeter is the locus of points at which the exposure rate is one-fourth of the maximum in the intersection.

(70) “X-ray high-voltage generator” means a device that transforms electrical energy from the potential supplied by the x-ray control to the tube operating potential. The device may also include direct current, filament transformers for the x-ray tube(s), high-voltage switches, electrical protective devices, and other appropriate elements.

(71) “X-ray gauge” means an x-ray producing device designed and manufactured for the purpose of detecting, measuring, gauging, or controlling thickness, density, level, or interface location.

(72) “X-ray system” means an assemblage of components for the controlled production of x-rays.

It includes minimally an x-ray high-voltage generator, an x-ray control, a tube housing assembly, a beam-limiting device, and the necessary supporting structures. Additional components that function with the system are considered integral parts of the system.

(73) “X-ray subsystem” means any combination of two or more components of an x-ray system for which there are requirements specified in this Chapter.

(74) “X-ray tube” means any electron tube that is designed for the conversion of electrical energy into x-ray energy.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed September 10, 2019; effective December 9, 2019.

Tenn. Comp. R. & Regs. 0400-20-06-.04 GENERAL SAFETY PRECAUTIONS

(1) No person shall make, sell, lease, transfer, lend, repair, or install x-ray equipment or the supplies used in connection with such equipment unless such supplies or equipment, when properly placed in operation and properly used, will meet the requirements of these regulations. This includes but is not limited to such items as cones, collimators, filters, adequate timers, and fluoroscopic shutters (where applicable). Also, such person shall be registered with the Division pursuant to Rule 0400-20-10-.24.

(2) Unless otherwise specified, each installation shall be provided with such primary barriers and/or secondary barriers as are necessary to assure compliance with Rule 0400-20-05-.50,

Tenn. Comp. R. & Regs. 0400-20-06-.05 MEDICAL X-RAY INSTALLATIONS

(1) Therapeutic x-ray installations.

(a) Requirements for equipment and facility:

The tube housing shall be of the therapeutic type.
Adjustable beam-limiting diaphragms, cones, or fixed diaphragms shall be provided to collimate the useful beam to the area under treatment.
Fixed diaphragms or cones used to collimate the useful beam shall be so constructed as to provide the same degree of protection as the tube housing.
Adjustable beam-limiting diaphragm or cones shall not transmit more than 5 percent of the useful beam at the maximum kilovoltage and with the maximum treatment filter.
The radiation escaping through the filter slots shall not exceed an exposure rate of 1 R/hr at a distance of 1 meter or if the radiation from the slot is accessible to the patient, 30 R/hr at 5 centimeters from the external opening. Each removable filter shall be marked with its thickness and material.
The x-ray tube shall be secured so that it cannot move in respect to the aperture.

A mark on the housing shall show the location of the focal spot.

A device shall be provided to immobilize the tube housing during stationary portal treatment.
A device shall be provided to terminate the exposure automatically after a preset time interval or preset exposure or dose limit. Means shall be provided for the operator to terminate the exposure at any time.
A filter indicator system shall be used on all therapy x-ray apparatus using changeable filters. It shall indicate from the control panel the presence or absence of any filter and it shall be designed to permit recognition of the filter in place. Color coded filters that are visible from the control panel qualify as an adequate indicator system.
Interlocks shall be provided so that when any door of the treatment room is opened either the x-ray apparatus will shut off automatically or the radiation exposure level within the room will be reduced to an average of not more than 2 milliroentgens per hour and an maximum of 10 milliroentgens per hour at a distance of 1 meter in any direction from the target. After such shut-off or reduction in output it shall be possible to restore the x-ray apparatus to full operation only from the control panel. For equipment operating at or below 60 kVp interlocks are not required.
The treatment room shall be so constructed that persons within the room may at all times be able to escape.
A visible signal which is actuated during the time x-rays are being generated shall be located outside and near each door to the treatment room.
There shall be on the control panel a device which indicates to the operator whether or not the tube is energized.
In the therapeutic use of x-ray apparatus constructed with windows of beryllium, or other material having an aluminum equivalent half-value layer less than 0.5 millimeter, the registrant shall use extreme care to insure that the unfiltered radiation reaches only that area of the patient intended and that the beam port is blocked at all times except when actually being used.
For contact therapy apparatus, the leakage radiation exposure at 5 centimeters from the surface of the tube housing shall not exceed 100 milliroentgens per hour.

(b) Conditions of operation:

The output of each therapeutic x-ray apparatus shall be calibrated by a qualified individual. The calibration shall be repeated after any change in or replacement of components of the x-ray generating equipment that could cause a change in xray output. Check calibrations shall be made at least once a year thereafter.

Records of all calibrations shall be maintained by the registrant for inspection by the Division.

When a patient must be held in position for radiation therapy, mechanical supporting or restraining devices shall be used whenever feasible. If the patient must be held by an individual, the individual shall wear a protective apron and he shall be positioned so that no part of his body will be struck by the useful beam and his body is as far as possible from the edge of the useful beam and his exposure shall be monitored and a record of such monitoring maintained for inspection by the Division. No pregnant women or persons under 18 years of age shall be used for this purpose.
Both the patient and control panel shall be under observation by the operator during patient irradiation.
All new installations and existing installations not previously surveyed shall have a radiation survey made by a qualified individual or registered inspector for the applicable class of x-ray unit. This shall be done after any change in the installation that might produce radiation levels in excess of those permitted by these regulations. Inadequacies found during the survey shall be corrected. A record of these surveys shall be kept on file for inspection by the Division.
Lead rubber, lead foil, or any other material used for limiting the treatment field shall transmit not more than 5 percent of the useful beam as measured when the maximum treatment filter for which the x-ray unit has been calibrated is in place.
Provision shall be made for oral communication with the patient from the control area.
No one other than the patient shall be in treatment room during treatment except as allowed in part 2. of this subparagraph except that for equipment operating at or below 60 kVp the operator and other persons may be permitted in the room during treatment provided that all such persons utilize protective aprons or their equivalent.

(2) Medical diagnostic x-ray installations.

(a) General requirements. Equipment:

The primary beam shall not be larger than clinically necessary. Cones, diaphragms, or adjustable collimators capable of restricting the primary beam to the area of clinical interest or an area within the limits imposed by the following conditions, whichever area is smaller, shall be used. The x-ray field size in the plane of the image receptor, whether controlled by cones, diaphragms, or adjustable collimators shall be such that neither the length nor the width of the xray field exceeds that of the image receptor by greater than 3 percent of the source-image receptor distance (SID) and that the sum of the length and width excesses be no greater than 4 percent of the SID when the equipment indicates that the beam axis is perpendicular to the place of the image receptor . Cones, diaphragms, or adjustable collimators used to restrict the primary beam shall provide the same degree of protection as is required in the tube housing.
(i) Except when contraindicated for a particular diagnostic procedure, the aluminum equivalent of the total filtration (inherent plus added) in the useful beam shall not be less than that shown in Table RHS 3-1.

Table RHS 3-1 FILTRATION REQUIRED VS. OPERATING VOLTAGE Operating voltage (kVp)

Total filtration (millimeters)

Al equivalent For purposes of these regulations the length and width measurements will be made through the center of the x-ray field. The length measurement will be made at an angle of 90 degrees to the width measurement. Thus for circular beams the length and width will be equal to the diameter.

Below 50 0.5 50 - 70 1.5 Above 70 2.5 (ii) If the thickness of the filter in the x-ray apparatus cannot be determined visually or the total filtration is unknown, it may be assumed that the requirements of subpart (i) of this part are met if the half-value layer is not less than that shown in Table RHS 3-2.

Table RHS 3-2 HALF-VALUE LAYER VS. OPERATING VOLTAGE Design operating range (kilovolts peak) (kVp)

Measured potential (kVp)

Half-value layer (millimeters of aluminum)

Below 50 30 0.3 40 0.4 49 0.5 50 to 70 50 1.2 60 1.3 70 1.5 Above 70 71 2.1 80 2.3 90 2.5 100 2.7 110 3.0 120 3.2 130 3.5 140 3.8 150 4.1 (iii) For capacitor energy storage equipment, compliance shall be determined with the maximum quantity of charge per exposure.

(iv) For fluoroscopic equipment, the HVL measurement shall include the filtration contributed by the tabletop if the tabletop is placed permanently between the patient and the source.

The x-ray tube housing shall be of diagnostic type.
The leakage radiation from the diagnostic source assembly measured at a distance of 1 meter in any direction from the source shall not exceed 100 milliroentgens in 1 hour when the x-ray tube is operated at its leakage technique factors. Compliance shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.
The radiation emitted by a component other than the diagnostic source assembly shall not exceed 2 milliroentgens in 1 hour at 5 centimeters from any accessible surface of the component when it is operated in an assembled x-ray system under any conditions for which it was designed. Compliance shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.
Hand or head held fluoroscopic screens shall not be used.
Machines equipped with beryllium window x-ray tubes shall contain keyed filter interlock switches in the tube housing that activate a device on the control panel that indicates the added filter in the useful beam if the total filtration permanently in the useful beam is less than 0.5 millimeter aluminum equivalent. The total filtration permanently in the useful beam shall be indicated on the tube housing.
Beryllium window x-ray tubes shall not be used on multi-purpose radiographic equipment.
On battery-powered generators, visual means shall be provided on the control panel to indicate whether the battery is in a state of charge adequate for proper operation.
On installations made after March 1, 1978, where two or more tubes are controlled by one exposure switch, the tube or tubes that have been selected shall be clearly indicated prior to initiation of the exposure. This indication shall be both on the x-ray control and at or near the tube housing assembly that has been selected.
(Reserved)
Tube housing assemblies shall be equipped with a means to assure mechanical support of the housing during exposures without drift or vibration.
Where cones or diaphragms are used as beam-limiting devices, each such device shall have clear and permanent markings to indicate the image receptor size and SID for which it is designed.
In addition to other applicable requirements of this Chapter, diagnostic x-ray equipment certified under the Federal standards promulgated by the Department of Health and Human Services, in the Federal Register shall meet the following requirements:

(i) Each registrant shall retain, and shall present to the Division for examination when requested, all information provided by the manufacturer to the purchaser in accordance with the requirements of the applicable Federal standard and shall transfer this information to the subsequent owner of the equipment. See Rule 0400-20-06-.09, APPENDIX A.

(ii) Each registrant should keep a record of all maintenance and modifications performed on each diagnostic x-ray system containing any components certified under the applicable Federal standard during the period it is under his control, and, if kept, shall be transferred to the subsequent owner of the equipment.

(iii) No deviation from the requirements of these regulations will be considered a violation of these regulations if such deviation is permitted by a variance granted by the Food and Drug Administration, Department of Health and Human Services, or by a regulation promulgated pursuant to Public Law 90-602.

(b) General requirements. Operation of equipment:

Patient or film holding (i) Except where clinically contraindicated, restraining devices or mechanical supporting devices shall be used.

(ii) No person under eighteen (18) years of age and no pregnant women shall be used.

(iii) No individual shall be used on a consistent or routine basis.

(iv) Protective gloves and aprons with at least 0.25 millimeters of lead equivalency shall be provided and their use required of each person used for this purpose.

(v) No part of the body of the person utilized for this purpose shall be in the primary beam unless protected by 0.5 millimeter of lead equivalent material.

(vi) If occupationally exposed persons are utilized their exposure shall be monitored.

(Reserved)
Other than the patient being examined no one will be allowed in the room during the radiographic exposure unless:

(i) The location of all individuals in the room shall be such that no part of the body including the extremities not protected by 0.5 millimeter lead equivalent will be struck by the useful beam.

(ii) Staff and ancillary personnel shall be protected from the direct scatter radiation by protective aprons or whole body protective barriers of not less than 0.25 millimeters lead equivalent.

(iii) Other patients in the room shall be protected from the direct scatter radiation by whole body protective barriers of 0.25 millimeters lead equivalent or shall be so positioned that the nearest portion of the body is at least 2 meters from both the tube head and the nearest edge of the image receptor.

The operator shall be able to see the patient and the control panel at all times during an exposure.
Radiographic equipment equipped with adjustable collimators shall contain light localizers that define the entire x-ray field. The size of the light field in the plane of the image receptor shall be such that no dimension of the light field differs from that of the x-ray field by greater than 2 percent of the SID when the equipment indicates that the beam axis is perpendicular to the plane of the image receptor. The center of the light field shall be aligned with the center of the x-ray field to within 2 percent of the SID when the equipment indicates that the beam axis perpendicular to the plane onto which the x-ray and light fields are projected. See part (2)(a)1. of this rule for definition of length and width. The collimator shall also be equipped with a field size indicator that indicates numerically the dimensions of the x-ray field at the source-image receptor distances (SIDs) for which it is designed. Such numerical indication shall not deviate from the actual dimensions of the x-ray field at the SID by more than 2 percent of the SID when the equipment indicates that the axis of the beam is perpendicular to the plane of the image receptor. For equipment utilized in a manner that precludes the necessity of numerical indicators they shall not be required.
(Reserved)
Radiographic equipment designed for only one image receptor size at a fixed SID shall be provided with means to limit the field at the plane of the image receptor to dimensions no greater than those of the image receptor, and to align the center of the x-ray field with the center of the image receptor to within 2 percent of the SID.
Radiation Exposure Control Devices.

(i) Timers Means shall be provided to terminate the exposure at a preset time interval, preset product of current and time, a preset number of pulses, or a preset radiation exposure to the image receptor.

(I) Termination of exposure shall cause automatic resetting of the timer to its initial setting or to zero.

(II) It shall not be possible to make an exposure when the timer is set to a zero or off position if either position is provided.

(ii) X-Ray Control (I) A control shall be incorporated into each x-ray system such that an exposure can be terminated at any time except for:

I. Exposure of one-half second or less, or II. During serial radiography when means shall be provided to permit completion of any single exposure of the series in process.

(II) Each x-ray control shall be located in such a way as to meet the following criteria:

I. For stationary x-ray systems, the control shall be permanently mounted in a protected area so that the operator is required to remain in that protected area during the entire exposure, or II. For mobile and portable x-ray systems, a method of control shall be provided that will permit the operator to stand at least 2 meters from the patient, primary beam, and tube head assembly.

(iii) Automatic Exposure Controls (Phototimers). When an automatic exposure control is provided:

(I) A device shall be on the control panel that indicates when this mode of operation is selected;

(II) When the x-ray tube potential is equal to or greater than 50 kVp, the minimum exposure time for field emission equipment rated for pulsed operation shall be equal to or less than a time interval equivalent to 2 pulses;

(III) The minimum exposure time for all other equipment shall be equal to or less than 1/60 second or a time interval required to deliver 5 mAs, whichever is greater;

(IV) Either the product of peak x-ray tube potential, current, and exposure time shall be limited to not more than 60 kWs per exposure or the product of x-ray tube current and exposure time shall be limited to not more than 600 mAs per exposure except when the x-ray tube potential is less than 50 kVp in which case the product of x-ray tube current and exposure time shall be limited to not more than 2000 mAs per exposure; and (V) A visible signal shall indicate when an exposure has been terminated at the limits described in item (IV) of this subpart, and manual resetting shall be required before further automatically timed exposures can be made.

(iv) The exposure shall be reproducible. When 4 exposures are made at identical technique factors the value of the average exposure ( E ) shall be greater than or equal to 5 times the difference between the maximum exposure (E max ) and the minimum exposure (E min ), i.e., E ≥ 5 (E max - E min ).

(v) The timer shall be reproducible. When 4 timer tests are performed with a timer setting of 0.5 seconds or less, the average time period ( T ) shall be greater than or equal to 5 times the difference between the maximum period (T max ) and the minimum period (T min ), i.e., T ≥ 5 (T max - T min ).

Radiation emitted from the x-ray tube of Capacitor Energy Storage Equipment when the exposure switch or timer is not activated shall not exceed a rate of 2 milliroentgens per hour at 5 centimeters from any accessible surface of the diagnostic source assembly, with the beam-limiting device fully open.
For stationary general purpose x-ray systems means shall be provided to indicate when the axis of the x-ray beam is perpendicular to the plane of the image receptor, to align the center of the x-ray field with respect to the center of the image receptor to within 2 percent of the SID, and to indicate the SID to within 2 percent.

(d) Fluoroscopic installations.

The source to skin distance shall not be less than 30.5 centimeters on stationary equipment installed or reinstalled before July 1, 1972, and shall not be less than 38 centimeters on stationary equipment installed or reinstalled thereafter. The source to skin distance shall not be less than 30.5 centimeters on all mobile fluoroscopes. For image intensified fluoroscopes used for specific surgical applications a source to skin distance of 20 centimeters will be allowed provided the user’s operating procedures indicate precautionary measures to be adhered to during this device’s use and provided that these precautionary measures are followed by the registrant or his representative.
Equipment shall be so constructed that the entire cross-section of the useful beam is attenuated by a primary barrier permanently incorporated into the equipment. The tube mounting and the barrier shall be so linked together that the barrier always intercepts the beam. This barrier is usually the viewing device, either a conventional fluoroscopic screen or an image intensification mechanism.
The required lead equivalent of the primary barrier shall be at least 1.5 millimeters for 100 kVp, 1.8 millimeters for 125 kVp, and 2.0 millimeters for 150 kVp. This requirement may be assumed to have been met if the exposure rate due to transmission through the barrier with the attenuation block in the useful beam combined with radiation from the image intensifier, if provided, does not exceed 2 milliroentgens per hour at 10 centimeters from any accessible surface of the fluoroscopic imaging assembly beyond the plane of the image receptor for each roentgen per minute of entrance exposure rate .
Collimators shall be provided to restrict the size of the useful beam to less than the area of the primary barrier. For conventional fluoroscopes, this requirement is met if, when the adjustable diaphragm is opened to its fullest extent, an unilluminated margin is left on the fluorescent screen with the screen properly centered in the beam at a distance of 38 centimeters from the panel or tabletop.

Collimators shall provide the same degree of protection as is required in the xray tube housing. For image intensifiers, the useful beam shall be centered on the input phosphor within ± 2 percent of the SID and during fluoroscopy or cinerecording it should not exceed the diameter of the input phosphor. Means shall be provided by stepless adjustment to reduce the x-ray field size to 5 by 5 centimeters or less at the maximum SID.

For fluoroscopy, the radiation exposure as measured at the minimum target to sk in distance shall be as low as practicable and shall not exceed 10 roentgens per minute except where clinically indicated. In cine-radiography, the exposure rates to which patients are normally subjected shall be determined periodically.

An adequate period for such measurement shall be annually or after any change in the system that might affect the exposure rate. See subpart 13.(i) of this subparagraph for information on measuring exposure rate.

The registrant shall provide protective aprons, and shall require their use by the physician, nurse, technician, and for all other persons within the fluoroscopic room, except the patient.
The registrant shall provide protective gloves, and shall require their use by the fluoroscopist during any procedure in which the fluoroscopist may be required to approach the primary beam with his hand or hands.

Compliance with this part will be determined as follows:

The exposure rate due to transmission through the primary barrier combined with radiation through the image intensifier shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.
If the source is below the tabletop, the measurement shall be made with the input surface of the fluoroscopic imaging assembly positioned 30 centimeters above the tabletop.
If the source is above the tabletop and the SID is variable, the measurement shall be made with the end of the beam-limiting device or spacer as close to the tabletop as it can be placed, provided that it shall not be closer than 30 centimeters.
Conventional fluoroscopic screens shall not be used with mobile fluoroscopic equipment. Image intensification shall always be provided, and in the absence of a table top or panel, a cone or spacer frame shall limit the target to skin distance to not less than 30.5 centimeters.
X-ray production in the fluoroscopic mode shall be controlled by a device that requires continuous pressure by the fluoroscopist for the entire time of any exposure. When recording serial fluoroscopic images, the fluoroscopist shall be able to terminate the x-ray exposure(s) at any time, but means may be provided to permit completion of any single exposure of the series in process.
A cumulative timing device actuated by the exposure switch shall be used that will indicate elapsed exposure time by either interrupting the production of x-rays or by emitting a continuous audible warning signal when the total exposure time exceeds a pre-determined limit not exceeding 5 minutes in one or a series of exposures.
Fluoroscopic table designs when combined with procedures utilized shall be such that no part of any staff or ancillary person’s body shall be exposed to unattenuated direct scattered radiation that originates from under the table. The attenuation required shall be at least equivalent to that of 0.25 millimeters of lead.
Equipment configuration when combined with procedures shall be such that no portion of any staff or ancillary person’s body except the extremities shall be exposed to the unattenuated direct scatter radiation emanating from above the table top unless that individual is at least 2 meters from the center of the useful beam. This requirement cannot be met only b y wearing a protective apron.

Exceptions to this requirement may be made in some special procedures. The attenuation required here shall be at least equivalent to that of 0.25 millimeters of lead, (e.g., drapes, folding panel, or self-supporting curtains).

Additional requirements applicable to certified systems only.

(i) The exposure rate measured at the point where the center of the useful beam enters the patient shall not exceed 10 roentgens per minute for equipment incorporating automatic exposure control or 5 roentgens per minute for equipment not incorporating automatic exposure control except during recording of fluoroscopic images or when provided with optional high level control. When provided with optional high level control, the equipment shall not be operable at any combination of tube potential and current that will result in an exposure rate in excess of 5 roentgens per minute at the point where the center of the useful beam enters the patient unless the high level control is activated.

(I) Special means of activation of high level controls, such as additional pressure applied continuously by the operator, shall be required to avoid accidental use.

(II) A continuous signal audible to the fluoroscopist shall indicate that the high level control is being employed.

(ii) For image intensified fluoroscopy, neither the length nor the width of the xray field in the plane of the image receptor shall exceed the visible area of the image receptor by more than 3 percent of the SID. The sum of the excess length and the excess width shall be no greater than 4 percent of the SID. Compliance shall be determined with the beam axis perpendicular to the image receptor. For rectangular x-ray fields used with circular image reception, the error in alignment shall be determined along with the length and width dimensions of the x-ray field that pass through the center of the visible area of the image receptor.

(iii) For spot filming, in addition to other requirements of this section:

(I) Means shall be provided between the source and the patient for adjustment of the x-ray field size in the plane of the film to the size of that portion of the film that has been selected on the spot-film selector. Such adjustment shall be automatically accomplished except when the x-ray field size in the plane of the film is smaller than that of the selected portion of the film.

(II) It shall be possible to adjust the x-ray field size in the plane of the film to a size smaller than the selected portion of the film. The minimum at the greatest SID shall be equal to or less than 5 by 5 centimeters.

(III) The center of the x-ray field in the plane of the film shall be aligned with the center of the selected portion of the film to within 2 percent of the SID.

(iv) During fluoroscopy and cine-fluorography, x-ray tube potential and current shall be continuously indicated.

(3) Dental radiographic installations.

(a) Extra-oral dental radiographic equipment shall be considered medical radiographic equipment for the purposes of these regulations.

(b) A device shall be used for collimating the primary beam and shall provide the same degree of protection as the tube housing. For intra-oral radiography, the primary beam, as measured at the point where it strikes the patient’s face, shall be as small as clinically possible and not more than 7.6 centimeters in diameter. Collimating devices designed to provide rectangular collimation of the primary beam to the size of the dental film should be considered for use when practicable.

Compliance with this item shall be determined as follows:

For all measurements, the attenuation block with 1/8 inches lead sheet shall be placed in the useful beam between the point of measurement of the entrance exposure rate and the input surface of the fluoroscopic imaging assembly. Bottom surface of the block shall be at least 10 centimeters from the point of measurement of the entrance exposure rate.
Movable grids and compression devices shall be removed from the useful beam during the measurement.
If the source is below the table, exposure rate shall be measured 1 centimeter above the tabletop or cradle.
If the source is above the table, the exposure rate shall be measured at 30 centimeters above the tabletop with the end of the beam-limiting device or spacer positioned as closely as possible to the point of measurement.
In a C-arm type of fluoroscope, the exposure rate shall be measured 30 centimeters from the input surface of the fluoroscopic imaging assembly.

(c) X-ray apparatus designed for intra-oral radiographic use shall be provided with means to limit the target to skin distance to not less than 18 centimeters if operable above 50 kVp or 10 centimeters if not operable above 50 kVp.

(d) Unless operating intraoral dental radiographic equipment designed to be operated as a hand-held device pursuant to subparagraph (3)(r) of this rule, no one except the patient should be in the room when X- ray exposures are made. If for some reason it is necessary for operating personnel to be in the room with the patient during exposures, an exposure cord shall be provided that is sufficiently long to permit operating personnel to stand at least two meters from the patient and the tube head and in an area of minimal exposure to scattered and leakage radiation and outside of the primary beam.

(e) Means shall be provided to terminate the exposure at a preset time interval, preset product of current and time, a preset number of pulses, or a preset radiation exposure to the image receptor.

The exposure shall be reproducible. When 4 exposures are made at identical technique factors the value of the average exposure ( E ) shall be greater than or equal to 5 times the difference between the maximum exposure (E max ) and the minimum exposure (E min ), i.e., E ≥ 5 (E max - E min ).
When a timer is provided it:

(i) Shall terminate the exposure after a preset time. This preset time shall be only that time necessary for a single exposure.

(ii) Shall be reproducible. When 4 timer tests are performed with a timer setting of 0.5 seconds or less, the average time period ( T ) shall be greater than or equal to 5 times the difference between the maximum period (T max ) and the minimum period (T min ), i.e., T ≥ 5 (T max - T min ).

(f) X-ray control (exposure switch)

A control shall be incorporated into each x-ray system such that an exposure can be terminated at any time, except for exposures of one-half second or less. A dead-man type control is preferred.
This control shall cause an exposure only if the timer or automatic exposure control has been preset.
During serial radiography, the operator shall be able to terminate the x-ray exposure(s) at any time, but means may be provided to permit completion of any single exposure of the series in progress.

(g) Unless operating intraoral dental radiographic equipment designed to be operated as a hand-held device pursuant to subparagraph (3)(r) of this rule, neither the tube housing nor the Position Indicating Device may be hand held during an exposure.

(h) The film shall be held by an appropriate device or by the patient when an x-ray is made, or if necessary, by some other person not occupationally exposed to radiation.

The fastest dental film available should be used.

(i) Fluoroscopic screens shall not be used.

(j) Filtration 1. Except when contraindicated for a particular diagnostic procedure, the aluminum equivalent of the total filtration (inherent plus added) in the useful beam shall not be less than that shown in Table RHS 3-3.

Table RHS 3-3 FILTRATION REQUIRED VS. OPERATING VOLTAGE ________________________________________________________________ Operating Total filtration (millimeters voltage (kVp) Al equivalent) ________________________________________________________________ Below 50 0.5 50 - 70 1.5 Above 70 2.5 ________________________________________________________________ 2. If the thickness of the filter in the x-ray apparatus cannot be determined visually or the total filtration is unknown, it may be assumed that the requirements of part 1. of this subparagraph are met if the half-value is not less than that shown in Table RHS 3-4.

Table RHS 3-4 HALF-VALUE LAYER VS. OPERATING VOLTAGE ________________________________________________________________ Design operating Measured Half-value layer range (kilovolts potential (millimeters of peak) (kVp) (kVp) Al equivalent) ________________________________________________________________ Below 50 30 0.3 40 0.4 49 0.5 50 to 70 50 1.2 60 1.3 70 1.5 Above 70 71 2.1 80 2.3 90 2.5 100 2.7 110 3.0 120 3.2 130 3.5 140 3.8 150 4.1 ________________________________________________________________ 3. For capacitor energy storage equipment, compliance shall be determined with the maximum quantity of charge per exposure.

(k) The x-ray tube housing shall be of the diagnostic type.

(l) The leakage radiation from the diagnostic source assembly measured at a distance of 1 meter in any direction from the source shall not exceed 100 milliroentgens in 1 hour when the x-ray tube is operated at its leakage technique factors. Compliance shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.

(m) The radiation emitted by a component other than the diagnostic source assembly shall not exceed 2 milliroentgens in 1 hour at 5 centimeters from any accessible surface of the component when it is operated in an assembled x-ray system under any conditions for which it was designed. Compliance shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.

(n) Where 2 or more tubes are controlled by one exposure switch, the tube or tubes that have been selected shall be clearly indicated prior to initiation of the exposure. This indication shall be both on the x-ray control and at or near the tube housing assembly that has been selected.

(o) (Reserved)

(p) Tube housing assemblies shall be equipped with a means to assure mechanical support of the housing during exposures without drift or vibration.

(q) In addition to other applicable requirements of this Chapter, diagnostic x-ray equipment certified under the Federal Standards promulgated by the Department of Health and Human Services in the Federal Register shall meet the following requirements:

Each registrant shall retain, and shall present to the Division for examination when requested, all information provided by the manufacturer to the purchaser in accordance with the requirements of the applicable Federal standard and shall transfer this information to the subsequent owner of the equipment. See Rule

Tenn. Comp. R. & Regs. 0400-20-06-.06 VETERINARY X-RAY INSTALLATIONS

(1) General requirements.

(a) Equipment 1. The primary beam for diagnostic purposes in radiography and fluoroscopy shall not be larger than clinically necessary. Cones, diaphragms, or adjustable collimators capable of restricting the primary beam to the area of clinical interest shall be used and shall provide the same degree of protection as is required in the tube housing. See parts (2)(a)1. and 13. and (2)(c)2. and 7. of Rule 0400-20- 06-.05 for minimum acceptable criteria for cones, diaphragms, or adjustable collimators.

Filtration (i) The aluminum equivalent of the total filtration (inherent plus added), permanently in the useful beam shall not be less than that shown in Table RHS 3-1.

(ii) If the thickness of the filter in the x-ray apparatus cannot be determined visually or the total filtration is unknown, it may be assumed that the requirements of subpart (i) of this part are met if the half-value layer is not less than that shown in Table RHS 3-2.

The x-ray tube housing shall be of diagnostic type.
The effectiveness of protective equipment shall not be impaired.
A timer shall be provided that will terminate the exposure after a preset time.
The exposure switch shall be of a dead-man type.
If the operator is required to be in the room during exposures, the registrant shall require the operator to stand at least 2 meters from the animal for all exposures and outside the primary beam.
Hand or head held fluoroscopic screens shall not be used.

(b) Operation of equipment 1. Animal or film holding.

(i) Except where clinically contraindicated restraining devices or mechanical supporting devices shall be used.

(ii) No individual under 18 years of age and no pregnant women will be used.

(iii) No individual shall be used on a consistent or routine basis.

(iv) Protective gloves and aprons with at least 0.25 millimeter of lead equivalency shall be provided and their use required of each individual used for this purpose.

(v) No part of the body of the individual utilized, for this purpose shall be in the primary beam unless protected by 0.5 millimeter lead equivalent material.

(vi) If occupationally exposed persons are utilized their exposure shall be monitored with the monitoring device place on the collar outside the leaded apron.

(vii) A record shall be maintained listing the name of the individual holding the film or animal and shall include the date of the examination and it shall be possible to determine the procedure for which the animal or film was held.

(2) Specific requirements.

(a) The following requirements apply to any veterinary intraoral dental radiographic equipment designed to be operated as a hand-held device:

The registrant shall provide and require individual personnel monitoring of external occupational dose via a whole body dosimeter and extremity dosimeters for both the right and left hands to all persons who may operate the hand-held device. The registrant may be relieved of the requirement of this subpart after one year of personnel monitoring if the results of the personnel monitoring demonstrate that the operator of the hand-held device is not likely to receive a dose in excess of 10 percent of the limits in Rule 0400-20-05-.50, as outlined in

Rule 0400-20-05-.71. The registrant shall maintain records of doses received by all individuals for whom monitoring was required pursuant to Rule 0400-20-05- .71 and 0400-20-05-.135.

Registrants shall implement security and accountability procedures to prevent unauthorized use, misuse, or unauthorized removal of the hand-held device from its storage location. Immediately after learning of an incident of unauthorized use, misuse, or unauthorized removal from its storage location, a registrant shall report the incident to the Division at the contact point identified in part (3)(a)1. of

Rule 0400-20-05-.141. The registrant shall maintain records of the security and accountability procedures described in this part. Said records shall be made available for review by the Division.

The registrant shall ensure that:

This part is intended to apply to intraoral radiographic units that are hand-held. Any unit designed to be hand-held but operated as a fixed unit shall be subject to the requirements outlined in paragraph (3) of Rule 0400-20-06-.05.

(i) The operator prevents bystanders within a radius of at least six feet from the patient being examined with the hand-held device; and (ii) Hand-held intraoral dental radiographic devices are not used for patient examinations in areas not designated as examination areas.

The registrant shall incorporate specific information regarding hand-held devices into any initial and recurring training provided to the facility staff. The training shall contain, at a minimum, the following:

(i) Training on the proper operation of the hand-held device;

(ii) The requirements listed in parts 1. through 3. of this subparagraph; and (iii) Instructions provided by the manufacturer in regard to equipment with unique features as required under 21 CFR 1020.30(h)(1)(i).

The registrant shall maintain records of the initial and recurring training provided to the facility staff described in part 4. of this subparagraph. Training records shall be made available for review by the Division and include:

(i) The date the training was provided;

(ii) The name of each individual trained (printed) and their signature;

(iii) The name and dated signature of the individual providing the training;

(iv) The topics covered in the training (or an attachment of the training material); and (v) The duration of the training.

(b) Fluoroscopic installations 1. Target to tabletop distance shall not be less than 30.5 centimeters.

Equipment installed or reinstalled after July 1, 1972, shall be so constructed that the entire cross-section of the useful beam is attenuated by a primary barrier permanently incorporated into the equipment. The tube mounting and the barrier shall be so linked together that the barrier always intercepts the beam. This barrier is usually the viewing device, either a conventional fluoroscopic screen or an image intensification mechanism.
The required lead equivalent of the primary barrier shall be at least 1.5 millimeters for 100 kVp, 1.8 millimeters for 125 kVp, and 2.0 millimeters for 150 kVp.
Collimators shall be provided to restrict the size of the useful beam to less than the area of the primary barrier. For conventional fluoroscopes, this requirement is met if, when the adjustable diaphragm is opened to its fullest extent, an unilluminated margin is left on the fluorescent screen with the screen properly “A unit that is hand-held constitutes a unique feature that requires manufacturers to describe any safety procedures and precautions necessary to reduce operator exposure.” (See Guidance for Industry and FDA Staff – Radiation Safety Considerations for X-Ray Equipment Designed for Hand-Held Use, December 24, 2008, U.S. Department of Health and Human Services, Food and Drug Administration, Center for Devices and Radiological Health, Diagnostic Devices Branch, Division of Mammography Quality and Radiation Programs, Office of Communication, Education, and Radiation Programs.) centered in the beam at a distance of 38 centimeters from the panel or tabletop.

For image intensifiers, the useful beam shall be centered on the input phosphor and during fluoroscopy or cine-recording it should not exceed the diameter of the input phosphor.

For fluoroscopy, the radiation exposure as measured at the minimum target to skin distance shall be as low as practicable and shall not exceed 10 roentgens per minute except when clinically indicated.
The registrant shall provide and require the use of a curtain of 0.25 millimeter lead equivalent that will hang from the screen and between the animal and fluoroscopist in both horizontal and vertical fluoroscopy, but it shall not substitute for the wearing of a protective apron.
The registrant shall provide protective aprons, and shall require their use by the veterinarian, assistant and for all other persons within the fluoroscopic room.
The registrant shall provide protective gloves, and shall require their use by the fluoroscopist during any examination in which the fluoroscopist may be required to approach the primary beam with his hand or hands.
Conventional fluoroscopic screens shall not be used with mobile fluoroscopic equipment. Image intensification shall always be provided, and in the absence of a table top or panel, a cone or spacer frame shall limit the target to skin distance to not less than 30.5 centimeters.
A shielding device of at least 0.25 millimeter lead equivalent for covering the bucky slot during fluoroscopy shall be provided.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed September 10, 2019; effective December 9, 2019.

Tenn. Comp. R. & Regs. 0400-20-05-.55 , 0400-20-05-.56 or 0400- 20-05-.60, whichever applies.

(3) No registrant shall operate or permit the operation of x-ray equipment unless the equipment and installation meets the requirements of these regulations.

(4) The registrant shall assure that all x-ray apparatus under his control is operated only by individuals instructed in safe operating procedures and competent in safe use of the apparatus.

(5) Except for medical and dental units, no x-ray apparatus shall be left unattended or unsecured unless the control switch is turned “off,” the power to the control switch disconnected, or the room, x-ray apparatus, or area housing the x-ray apparatus is locked.

(6) Film development procedures recommended by the film manufacturer or other tested procedures shall be followed, which will insure maximum information content of the processed film with minimum radiation exposure. Except where automatic processors are used, it is required that an operable timer and thermometer be available and used for darkroom procedures. Darkrooms shall be light tight and shall contain safelights designed for the film being used.

(7) The effectiveness of protective equipment shall not be impaired.

(8) X-ray producing devices and associated equipment shall be maintained in such a condition as to ensure that the patient and attendants are not exposed to radiation unnecessarily.

(9) The Division may waive compliance with the specific requirements of this rule for an existing x- ray apparatus or installation if:

(a) Such compliance would require replacement or substantial modification of the x-ray apparatus or installation; and, (b) The registrant demonstrates, to the Division’s satisfaction, achievement through other means, of radiation protection equivalent to that required by these rules.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed September 10, 2019; effective December 9, 2019.

Tenn. Comp. R. & Regs. 0400-20-06-.09 APPENDIX A

Excerpt from Bureau of Radiological Health Standards for Certified Diagnostic X-ray Equipment. See

subpart (2)(a)14.(i) and part (3)(q)1. of Rule 0400-20-06-.05.

(1) Manufacturers of x-ray equipment shall provide for purchaser and, upon request, to others at a cost not to exceed the cost of publication and distribution, manuals or instruction sheets which shall include the following technical and safety information:

(a) All x-ray equipment.

For x-ray equipment to which this chapter and 21 C.F.R. §§ 1020.31 and 1020.32 are applicable, there shall be provided:

Adequate instructions concerning any radiological safety procedures and precautions that may be necessary because of unique features of the equipment; and 2. A schedule of the maintenance necessary to keep the equipment in compliance with this chapter and 21 C.F.R. §§ 1020.31 and 1020.32.

(b) Tube housing assemblies.

For each tube housing assembly, there shall be provided:

Statements of the maximum rated peak tube potential, leakage technique factors, the minimum filtration permanently in the useful beam expressed as millimeters of aluminum equivalent, and the peak tube potential at which the aluminum equivalent was obtained;
Cooling curves for the anode and tube housing; and 3. Tube rating charts.

If the tube is designed to operate from different types of x-ray high voltage generators (such as single-phase self-rectified, single phase half-wave rectified, single-phase fullwave rectified, three-phase 6 pulse, three-phase 12 pulse, constant potential, capacitor energy storage) or under modes of operation such as alternate focal spot sizes or speeds of anode rotation which affect its rating, specific identification of the dif ference in ratings shall be noted.

For the x-ray control and associated x-ray high-voltage generator, there shall be provided:

A statement of the rated line voltage and the range of line-voltage regulation for operation at maximum line current;
A statement of the maximum line current of the x-ray system based on the maximum input voltage and current characteristics of the tube housing assembly compatible with rated output voltage and rated output current characteristics, xray control and associated high-voltage generator. If the rated input voltage and current characteristics of the tube housing assembly are not known by the manufacturer of the x-ray control and associated high-voltage generator, he shall provide necessary information to allow the purchaser to determine the maximum line current for his particular tube housing assembly(s);
A statement of the technique factors that constitute the maximum line current condition described in part 2. of this subparagraph;
In the case of battery-powered generators, a specification of the minimum state of charge necessary for operation.
Generator rating and duty cycle;
A statement of the maximum deviation from the indication given by labeled control settings and/or meters during any exposure when the equipment is connected to a power supply as described in accordance with this paragraph. In the case of fixed technique factors, the maximum deviation from the nominal fixed value of each factor shall be stated; and 7. A statement defining the measurement basis (or bases) upon which the exposure time, peak potential, tube current, and/or other technique factors are stated pursuant to parts 3. and 6. of this subparagraph.

(d) Variable-aperture beam-limiting device.

For each variable-aperture beam-limiting device, there shall be provided:

Specifications of tube housing assemblies for which the device is designed or is compatible with respect to the requirements of this Chapter and 21 CFR 1020.31 (d) and (e); and 2. A statement including the minimum aluminum equivalent of that part of the device through which the useful beam passes and including the x-ray tube potential at which the aluminum equivalent was obtained. When 2 or more filters are provided as part of the device, the statement shall include the aluminum equivalent of each filter.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-06-.07 ANALYTICAL X-RAY INSTALLATIONS

(1) Equipment.

(a) The leakage radiation from the tube housing shall not exceed a radiation level of 2.5 milliroentgens in 1 hour at 5 centimeters from the surface of the tube housing at any specified tube rating.

(b) Radiation originating within the high voltage power supply (i.e., transformer and rectifiers) shall not exceed a radiation level of 0.5 milliroentgen in 1 hour at every specified rating at a distance of 5 centimeters from the housing of the power supply.

(c) A warning light with the notation “X-Ray On,” or equivalent shall be located on the control panel and shall light only when the x-ray tube is activated. This light shall be a fail-safe design or administrative controls shall be exercised to ensure operations will not continue without a proper functioning warning light. On equipment installed after October 2, 1978, this device shall be a fail-safe design.

(d) The x-ray accessory apparatus shall include a beam trap or other barrier with sufficient shielding so that the dose rate due to the transmitted primary beam does not exceed 0.25 mrem/hr at 5 centimeters under normal operating conditions. The dose rate may be difficult to evaluate in the presence of scattered radiation, however, this requirement shall be considered met if the inherent shielding of the trap or barrier is at least equivalent to the thickness of lead specified in Table RHS 3-5 for the maximum rated anode current and potential.

Table RHS 3-5 THICKNESS OF LEAD REQUIRED FOR A PRIMARY BEAM BARRIER LOCATED 5 CENTIMETERS FROM THE FOCAL SPOT ______________________________________________________________________ Anode current Thickness of lead (mm) ______________________________________________________________________ (mA) 50 kVp 70 kVp 100 kVp ______________________________________________________________________ 20 1.5 5.6 7.7 40 1.6 5.8 7.9 80 1.6 5.9 100 1.7 ______________________________________________________________________ (e) A light or indicator in a conspicuous location near the tube housing assembly shall be used to indicate when the x-ray tube is on. This light or other indicator shall be of failsafe design or administrative controls shall be exercised to ensure operations will not continue without proper functioning of this light or indicator. On equipment installed after October 2, 1978, this device shall be of fail-safe design.

(f) In addition to any signs or labels required in Rule 0400-20-05-.111, a sign or label shall be placed on or adjacent to each x-ray tube housing and shall be located so as to be clearly visible to any individual who may be working in close proximity to the primary beam path. The sign or label shall bear the words:

“CAUTION - HIGH INTENSITY X-RAY BEAM”

(g) Where couplings exist, e.g., between the x-r ay tube and the collimator of the diffractometer, etc., they shall prevent radiation from escaping the coupling.

(h) Each port of the radiation source housing shall be provided with a beam shutter interlocked with the x-ray accessory apparatus coupling, or collimator, in such a way that the port will be open only when the collimator or coupling is in place. Shutters at unused ports shall be secured to prevent inadvertent opening.

(i) Open beam x-ray equipment 1. All shutters shall be provided with a “shutter open” indication of fail-safe design.

Radiation levels in the vicinity of controls and adjustments of the x-ray accessory apparatus used during normal operation shall be such that the operator’s exposure shall not exceed in one hour 37 mrem to the hands or 2 mrem to the whole body, gonads, bloodforming organs, or lens of the eye.
A guard or interlock which prevents entry of any part of the body into the primary beam path should be utilized.
The operator shall be in immediate attendance at all times when the equipment is in operation except when the area is locked to protect against unauthorized or accidental entry.
When not in use, equipment shall be secured in such a manner as to be inoperable by unauthorized persons.

(j) Enclosed beam x-ray equipment 1. The radiation source, sample, detector and analyzing crystal (if used) shall be enclosed in a chamber or coupled chambers that cannot be entered by any part of the body during normal operation.

The sample chamber closure shall be interlocked with the x-ray tube high voltage supply or a shutter in the primary beam so that no x-ray beam can enter the sample chamber while it is open unless the interlock has been conspicuously and deliberately defeated. The interlock required by this section shall be of failsafe design or adequate administrative controls shall be exercised to ensure operations will to continue without a proper functioning interlock.
The exposure level at 5 centimeters from the tube housing apparatus complex shall not exceed 2.5 milliroentgens per hour during normal operation.

(2) Operation of equipment.

(a) The registrant shall not permit any individual to operate or maintain analytical x-ray equipment until such individual has received instruction in and demonstrated competence as to:

Identification of radiation hazards associated with the use of the equipment;
Significance of the various radiation warning and safety devices incorporated into the equipment, or the reasons they have not been installed on certain pieces of equipment and the extra precautions required in such cases;
Proper operating procedures for the equipment;
Symptoms of an acute localized exposure; and 5. Proper procedures for reporting an actual or suspected exposure.

(b) Procedures and apparatus utilized in beam alignment shall be designed to minimize radiation exposure to the operator.

(c) Written operating procedures and emergency procedures pertaining to radiation safety shall be established for each facility and shall be conspicuously posted in a location near each unit of analytical x-ray equipment.

(d) Only trained personnel shall be permitted to install, repair, or make modifications to the x- ray generating apparatus and the tube housing apparatus complex.

(e) Any temporary alteration to safety devices, such as by-passing interlocks or removing shielding shall be:

Approved in advance by the radiation safety officer.
Specified in writing and posted near the x-ray tube housing so that other individuals will know the existing status of the x-ray apparatus.
Terminated as soon as possible.
Recorded and the record maintained for inspection by the Division. This record should contain such information as date alteration was made, type of alteration, length of time unit remained in the altered condition, and signed by the individual who made the alteration and the individual who restored the unit to original condition.

(f) Tests of all safety devices such as interlocks, shutters, and warning lights shall be conducted at intervals not to exceed 3 months for all operable analytical x-ray equipment. Records of such tests shall be maintained for inspection by the Division.

(g) Interlocks shall not be used to de-activate the x-ray tube, except in an emergency or during testing of the interlock system. After such shut-off, it shall be possible to restore the machine to full operation only from the control panel.

(h) Surveys and personnel monitoring shall be provided to insure compliance with the requirements of Chapter 0400-20-.05 (See Rules 0400-20-05-.50, 0400-20-05-.55,

Tenn. Comp. R. & Regs. 0400-20-05-.132 , and 0400-20-05-.135).

(3) In addition to the requirements of paragraphs (1) and (2) of this rule, the following requirements apply to open-beam, hand-held, analytical X-ray devices:

(a) Procedures.

All registrants possessing open-beam, hand-held, analytical devices shall have available for review by the Division operating policies and procedures that contain measures to ensure that:

Radiation protection is provided equivalent to that afforded in subparagraph (1)(d) of this rule. This shall be in the form of an operating procedure that contains, at a minimum:

(i) The operator’s hands will not approach the primary beam;

(ii) The operator will not hold the sample during operation of the hand-held xray device;

(iii) The operator will not aim the primary beam at him/herself or at any individual during operation of the device; and (iv) Before energizing the device, the operator will ensure that no person is within two meters of the device or sample being tested.

If the safety devices, which are known as the “X-ray On” warning light and the tube housing “X-ray On” indicator light, as outlined in subparagraphs (1)(c) and (1)(e) of this rule, are not of a fail-safe design, administrative controls shall be put in place in the form of an operating procedure that shall include, at a minimum:

(i) Discussion of the warning light(s) safety mechanism on the device, the rationale behind subparagraphs (1)(c) and (1)(e) of this rule, the absence of the fail-safe design on the device, and the potential risks to the operator should the warning light(s) fail;

This part is intended to apply to units that are hand-held. Analytical units designed to be hand-held but operated in a fixed configuration and not hand-held shall be subject to the requirements of subparagraph (1)(d) of this rule.

(ii) Training the operator to visually verify that the warning light(s) is correctly working when the device is known to be generating X-rays;

(iii) Training the operator to recognize warning light failure. For example: warning light(s) not functioning when the device is known to be generating X-rays, or if one of several warning lights is not operating;

(iv) Proper procedures for reporting an actual or suspected warning light failure; and (v) If failure of the warning light, or any one of the warning lights if there are multiple warning lights, is confirmed, the analyzer will immediately be removed from service and returned to the manufacturer for repair. Return to service will not be permitted until necessary repair has been performed, and the maintenance record for the device updated. Such maintenance records shall be made available upon request by the Division.

Operator radiation exposure is as low as reasonably achievable. For example, use of ancillary equipment when possible, such as a sample holder.

(b) Extremity Monitoring.

The registrant shall provide and require individual personnel monitoring with extremity dosimeters for all operators of the hand-held device in compliance with Chapter 0400- 20-05. Extremity monitoring may be discontinued after one year if the results of the personnel monitoring demonstrate that the operator of the hand-held device is not likely to receive a dose in excess of 10 percent of the limits in Rule 0400-20-05-.50, as outlined in Rule 0400-20-05-.71. The registrant shall maintain records of doses received by all individuals for whom monitoring was required pursuant to Rules 0400- 20-05-.71 and 0400-20-05-.135.

In addition to the training requirements of subparagraph (2)(a) of this rule, the registrant shall provide training for all users and operators on the requirements of subparagraph (a) and (b) of paragraph. Records of all user and operator training shall be maintained and made available for review by the Division. Training records shall include:

The date the training was provided;
The name of each individual trained (printed) and their signature;
The name and dated signature of the individual providing the training;
The topics covered in the training (or an attachment of the training material); and 5. The duration of the training.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed September 10, 2019; effective December 9, 2019.

Tenn. Comp. R. & Regs. 0400-20-06-.08 X-RAY GAUGES

(1) Equipment.

(a) A sign bearing the words, “Warning - X-Rays - Do not place hands in jaws of gauge,” or equivalent, shall be so located that it is visible to any person operating, aligning, or adjusting a gauging device.

(b) A visible indication of the status of the shutter shall be provided, e.g., red light indicating beam on, green light indicating beam off. This device shall be of fail-safe design or administrative controls shall be exercised to ensure operations will not continue without a proper functioning warning device. On equipment installed after June 30, 1977, this device shall be of fail-safe design.

(c) Except whenever impracticable, an interlocking device which prevents the entry of any portion of an individual’s body into the primary beam or causes the primary beam to be shut off upon entry into its path shall be provided.

(d) Unused tube ports shall be closed in such a fashion that accidental opening is not possible.

(e) In cases where the primary x-ray beam is not intercepted by the detector device under all conditions of operation, protective measures shall be provided, such as auxiliary shielding, to avoid exposure to any individual from the transmitted primary x-ray beam.

(2) Operation of equipment.

(a) Personnel working with open beam x-ray equipment shall be provided with finger or wrist personnel monitoring devices. Records of exposure shall be kept as required in Rules 0400-20-05-.130 and 0400-20-05-.135.

(b) When not in operation, the equipment shall be secured in such a way as to be accessible to, or operable by, only authorized personnel.

(c) A review of all safety devices shall be performed at least quarterly to insure their proper operation (i.e., signs, labels, interlocks, etc.). A record of this review shall be maintained for inspection by the Division.

(d) Prior to initial startup and subsequent to any change in any parameters affecting radiation safety and at least annually, surveys and monitoring to insure that operations are conducted safely shall be provided. Records of such surveys shall be kept as required by Rule 0400-20-05-.130 and paragraph (1) of Rule 0400-20-05-.132.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-06-.10 PERSONNEL SECURITY SCREENING SYSTEMS USING X-RAY RADIATION

(1) “Personnel security screening system” means radiation-generating equipment used for the sole purpose of screening an individual who is in custody of a law enforcement agency or persons accessing or in a vehicle accessing the secured facility perimeter in order to identify contraband items and weapons that would present a security threat within a secured facility perimeter.

(2) X-ray devices used for personnel security screening shall be used only by law enforcement agencies at city, county, or state correctional detention facilities. No individual shall be exposed to the useful beam unless authorized by a law enforcement agency for security benefit. No individual shall be exposed to the useful beam for demonstration or frivolous purposes.

(3) The X-ray system shall be manufactured, maintained, and operated solely for security screening purposes in strict compliance with, and fully according to, the most restrictive standards found in ANSI/HPS N43.17-2009, “Radiation Safety for Personnel Security Screening Systems Using X-Ray or Gamma Radiation,” which is herein incorporated by reference. This ANSI publication may be examined and inspected at the TDEC Division of Radiological Health, WRS Tennessee Tower 15th Floor, 312 Rosa L. Parks Ave, Nashville, Tennessee 37243, and is available from the American National Standards Institute, Inc., at http://www.hps.org/#. The Division has determined that posting the publication on the Internet for purposes of public inspection and examination would constitute a violation of federal copyright law.

(4) The law enforcement agency shall track radiation doses for each individual, as specified by ANSI/HPS N43.17-2009, “Radiation Safety for Personnel Security Screening Systems Using X-Ray or Gamma Radiation,” to ensure the individual does not exceed the recommended dose limit.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed September 10, 2019; effective December 9, 2019.

Chapter 0400-20-07 Use of Radionuclides in the Healing Arts (Transferred from 1200-02-07 which was repealed)

Tenn. Comp. R. & Regs. 0400-20-07-.01 PURPOSE

This Chapter contains the requirements and provisions for the medical use of radionuclides and for issuance of specific licenses authorizing the medical use of this material. The provisions of this Chapter are in addition to and not in substitution for other applicable provisions of these regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.02 SCOPE

Except as otherwise specifically provided, this Chapter applies to all persons who use radionuclides in the healing arts.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.03 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.04 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.05 DEFINITIONS

When used in this Chapter, the following terms have the meanings given below unless otherwise specified:

(1) “Address of use” means the building or buildings that are identified on the license and where radioactive material may be received, prepared, used, or stored.

(2) “Area of use” means a portion of an address of use that has been set aside for the purpose of receiving, preparing, using, or storing radioactive material.

(3) “Associate radiation safety officer” means an individual who:

(a) Meets the requirements in Rules 0400-20-07-.23 and 0400-20-07-.27; and (b) Is currently identified as an associate radiation safety officer for the types of use of radioactive material for which the individual has been assigned duties and tasks by the radiation safety officer on:

A specific medical use license issued by the U.S. Nuclear Regulatory Commission or an Agreement State; or 2. A medical use permit issued by a U.S. Nuclear Regulatory Commission master material licensee.

(4) “Authorized medical physicist” means an individual who:

(a) Meets the requirements in paragraph (1) of Rule 0400-20-07-.24 and Rule 0400-20-07- .27; or (b) Is identified as an authorized medical physicist or teletherapy physicist on:

A specific medical use license or permit issued by the Division, U.S. Nuclear Regulatory Commission, or Agreement State;
A medical use permit issued by a U.S. Nuclear Regulatory Commission master material licensee;
A permit issued by a Division, U.S. Nuclear Regulatory Commission, or Agreement State broad scope medical use licensee; or 4. A permit issued by a U.S. Nuclear Regulatory Commission master material license broad scope medical use permittee.

(5) “Authorized nuclear pharmacist” means a pharmacist who:

(a) Meets the requirements in paragraph (1) of Rule 0400-20-07-.25 and Rule 0400-20-07- .27; or (b) Is identified as an authorized nuclear pharmacist on:

A specific license or equivalent permit issued by the Division, U.S. Nuclear Regulatory Commission, or Agreement State that authorizes medical use or the practice of nuclear pharmacy;
A permit issued by a U.S. Nuclear Regulatory Commission master material licensee that authorizes medical use or the practice of nuclear pharmacy;
A permit issued by a Division, U.S. Nuclear Regulatory Commission or Agreement State broad scope medical use licensee that authorizes medical use or the practice of nuclear pharmacy; or 4. A permit issued by a U.S. Nuclear Regulatory Commission master material license broad scope medical use permittee that authorizes medical use or the practice of nuclear pharmacy; or (c) Is identified as an authorized nuclear pharmacist by a commercial nuclear pharmacy that has been authorized to identify authorized nuclear pharmacists; or (d) Is designated as an authorized nuclear pharmacist in accordance with part (10)(b)4 of

Rule 0400-20-10-.13.

(6) “Authorized user” means a physician, dentist, or podiatrist who:

(a) Meets the requirements in Rule 0400-20-07-.27 and subparagraph (1)(a) of Rule 0400- 20-07-.39, subparagraph (1)(a) of Rule 0400-20-07-.43, subparagraph (1)(a) of Rule

Tenn. Comp. R. & Regs. 0400-20-07-.06 OTHER FEDERAL AND STATE REQUIREMENTS

Nothing in this Chapter relieves a licensee from complying with applicable Food and Drug Administration (FDA) requirements or other federal and state requirements governing radioactive drugs or devices.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.07 PROVISIONS FOR THE PROTECTION OF HUMAN RESEARCH SUBJECTS

(1) A licensee may conduct research involving human subjects using radioactive material provided that:

(a) The research is conducted, funded, supported, or regulated by a federal agency which has implemented the Federal Policy for the Protection of Human Subjects. Otherwise, a licensee shall apply for and receive approval of a specific amendment to its license before conducting such research. In both instances, the licensees shall, at a minimum, obtain prior informed consent from the human subjects and obtain prior review and approval of the research activities by an “Institutional Review Board” in accordance with the meaning of these terms as defined and described in the Federal Policy for the Protection of Human Subjects;

(b) The research involving human subjects authorized in subparagraph (a) of this paragraph shall be conducted using radioactive material authorized for medical use in the license; and (c) Nothing in this rule relieves licensees from complying with the other requirements in this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.08 MAINTENANCE OF RECORDS

Each record required by this Chapter must be legible throughout the retention period specified by each Division regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications, must include all pertinent information such as stamps, initials, and signatures. A licensee shall maintain adequate safeguards against tampering with and loss of records.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.09 IMPLEMENTATION

(1) A licensee shall implement the provisions in this rule on March 21, 2010.

(2) When a requirement in this rule differs from the requirement in an existing license condition, the requirement in this rule shall govern.

(3) Any existing license condition that is not affected by a requirement in this rule remains in effect until there is a license amendment or license renewal.

(4) If a license condition exempted a licensee from a provision of this rule on March 21, 2010, it will continue to exempt a licensee from the corresponding provision in this rule.

(5) If a license condition cites provisions in this rule that will be deleted on March 21, 2010, then the license condition remains in effect until there is a license amendment or license renewal that modifies or removes this condition.

(6) Licensees shall continue to comply with any license condition that requires it to implement procedures required by 0400-20-07-.66, 0400-20-07-.72, 0400-20-07-.73 and 0400-20-07-.74 until there is a license amendment or renewal that modifies the license condition.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.10 , shall:

(a) Instruct the supervised individual in the licensee’s written radiation protection procedures, written directive procedures, this Chapter, and license conditions with respect to the use of radioactive material; and (b) Require the supervised individual to follow the instructions of the supervising authorized user for medical uses of radioactive material, written radiation protection procedures established by the licensee, written directive procedures, regulations of this

Chapter, and license conditions with respect to the medical use of radioactive material.

(2) A licensee that permits the preparation of radioactive material for medical use by an individual under the supervision of an authorized nuclear pharmacist or physician who is an authorized user, as allowed by paragraph (3) of Rule 0400-20-07-.10, shall:

(a) Instruct the supervised individual in the preparation of radioactive material for medical use, as appropriate to that individual’s involvement with radioactive material; and (b) Require the supervised individual to follow the instructions of the supervising authorized user or authorized nuclear pharmacist regarding the preparation of radioactive material for medical use, written radiation protection procedures established by the licensee, this Chapter, and license conditions.

(3) A licensee that permits supervised activities under paragraphs (1) and (2) of this rule is responsible for the acts and omissions of the supervised individual.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.11 APPLICATION FOR LICENSE, AMENDMENT, OR RENEWAL

(1) An application must be signed by the applicant’s or licensee’s management.

(2) An application for a license for medical use of radioactive material as described in Rules

Tenn. Comp. R. & Regs. 0400-20-07-.12 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.13 LICENSE AMENDMENTS

(1) A licensee shall apply for and must receive a license amendment:

(a) Before the licensee receives, prepares, or uses radioactive material for a type of use that is permitted under this rule, but that is not authorized on the licensee’s current license issued pursuant to this rule;

(b) Before the licensee permits anyone to work as an authorized user, authorized nuclear pharmacist, ophthalmic physicist, or an authorized medical physicist under the license, except:

For an authorized user, an individual who meets the requirements in Rule 0400- 20-07-.27, subparagraph (1)(a) of Rule 0400-20-07-.39, subparagraph (1)(a) of

Rule 0400-20-07-.43, subparagraph (1)(a) of Rule 0400-20-07-.47, subparagraph (1)(a) of Rule 0400-20-07-.48, subparagraph (1)(a) of Rule 0400-20-07-.49, subparagraph (1)(a) of Rule 0400-20-07-.59, subparagraph (1)(a) of Rule 0400- 20-07-.62, and subparagraph (1)(a) of Rule 0400-20-07-.80;

For an authorized nuclear pharmacist, an individual who meets the requirements in paragraph (1) of Rule 0400-20-07-.25 and Rule 0400-20-07-.27;
For an authorized medical physicist, an individual who meets the requirements in paragraph (1) of Rule 0400-20-07-.24 and Rule 0400-20-07-.27;
An individual who is identified as an authorized user, an authorized nuclear pharmacist, an authorized medical physicist, or an ophthalmic physicist on a U.S.

Nuclear Regulatory Commission or Agreement State license or Licensing State or other equivalent permit or license recognized by the Division that authorizes the use of radioactive material in medical use in the practice of nuclear pharmacy; or 5. An individual who is identified as an authorized user, an authorized nuclear pharmacist, an authorized medical physicist, or an ophthalmic physicist on a permit issued by a U.S. Nuclear Regulatory Commission or Agreement State or Licensing State specific licensee of broad scope that is authorized to permit the use of radioactive material in medical use or in the practice of nuclear pharmacy;

(d) Before the licensee allows anyone to work as an associate radiation safety officer, or before the radiation safety officer assigns duties and tasks to an associate radiation safety officer that differ from those for which this individual is authorized on the license;

(e) Before the licensee receives radioactive material in excess of the amount or in a different physical or chemical form than is authorized on the license;

(f) Before the licensee adds to or changes the areas of use identified in the application or on the license;

(g) Before the licensee changes the address(es) of use identified in the application or on the license;

(h) Before the licensee revises procedures required by Rule 0400-20-07-.66, 0400-20-07- .72, 0400-20-07-.73, and 0400-20-07-.74, as applicable, where such revision reduces radiation safety;

(i) Before the licensee changes statements, representations, and procedures that are incorporated into the license;

(j) Before the licensee releases licensed facilities for unrestricted use; and (k) Before the licensee receives a sealed source from a different manufacturer or of a different model number than authorized by its license, unless the sealed source is used for manual brachytherapy, is listed in the Sealed Source and Device Registry, and is in a quantity and for an isotope authorized by the license.

(2) Reserved.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.14 NOTIFICATIONS

(1) A licensee shall provide the Division, no later than 30 days after the date that the licensee allows an individual to work under the provisions of subparagraph (1)(b) of Rule 0400-20-07- .13 as an authorized user, authorized medical physicist, ophthalmic physicist, or authorized nuclear pharmacist the following:

(a) A copy of the board certification and, as appropriate, verification of completion of:

Training for the authorized medical physicist under Rule 0400-20-07-.24;
Any additional case experience required in item (1)(b)1(ii)(VI) of Rule 0400-20- 07-.47 for an authorized user under Rule 0400-20-07-.44; or 3. Device-specific training in subparagraph (1)(c) of Rule 0400-20-07-.80 for the authorized user under Rule 0400-20-07-.63; or (b) A copy of the U.S, Nuclear Regulatory Commission or Agreement State license, the permit issued by a U.S. Nuclear Regulatory Commission master material licensee, the permit issued by a U.S. Nuclear Regulatory Commission or Agreement State licensee of broad scope, the permit issued by a U.S. Nuclear Regulatory Commission master material license broad scope permittee, or documentation that only acceleratorproduced radioactive materials, discrete sources of radium-226, or both, were used for medical use or in the practice of nuclear pharmacy at a Government agency or Federally recognized Indian Tribe before November 30, 2007, or at all other locations of use before August 8, 2009, or an earlier date as noticed by the U.S. Nuclear Regulatory Commission for each individual whom the licensee permits to work under the provisions of this rule.

(2) A licensee shall notify the Division no later than 30 days after:

(a) An authorized user, an authorized nuclear pharmacist, a radiation safety officer, an associate radiation safety officer, an authorized medical physicist, or ophthalmic physicist permanently discontinues performance of duties under the license or has a name change;

(b) The licensee allows an individual qualified to be a radiation safety officer under Rule

Tenn. Comp. R. & Regs. 0400-20-07-.15 EXEMPTIONS REGARDING SPECIFIC LICENSES OF BROAD SCOPE

A licensee possessing a specific license of broad scope for medical use is exempt from:

(1) The provisions of paragraph (4) of Rule 0400-20-07-.11 regarding the need to file an amendment to the license for medical use of radioactive material, as described in Rule 0400- 20-07-.81;

(2) The provisions of subparagraph (1)(b) of Rule 0400-20-07-.13 regarding the need to file an amendment before permitting anyone to work as an authorized user, an authorized nuclear pharmacist or an authorized medical physicist under the license;

(3) The provisions of subparagraph (1)(e) of Rule 0400-20-07-.13 regarding additions to or changes in the areas of use at the addresses identified in the application or on the license;

(4) The provisions of subparagraph (2)(a) of Rule 0400-20-07-.14 regarding notification to the Division for new authorized users, new authorized medical physicists and new authorized nuclear pharmacists or an ophthalmic physicist;

(5) The provisions of paragraph (1) of Rule 0400-20-07-.22 regarding suppliers for sealed sources.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.16 LICENSE ISSUANCE AND SPECIFIC EXEMPTIONS

(1) The Division shall issue a license for the medical use of radioactive material if:

(a) The applicant has filed an application with the Division in accordance with the instructions in Rule 0400-20-07-.11;

(b) The applicant has paid applicable fee under Rule 0400-20-10-.31;

(c) The Division finds the applicant equipped and committed to observe the safety standards established by the Division in these regulations for the protection of the public health and safety; and (d) The applicant meets the requirements of Chapter 0400-20-10.

(2) The Division shall issue a license for mobile medical service if the applicant:

(a) Meets the requirements in paragraph (1) of this rule; and (b) Assures that individuals or human research subjects to whom unsealed radioactive material, or radiation from implants containing radioactive material, will be administered may be released following treatment in accordance with Rule 0400-20-07-.35.

(3) The Division may, upon application of any interested person or upon its own initiative, grant exemptions from this Chapter that it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.17 AUTHORITY AND RESPONSIBILITIES FOR THE RADIATION PROTECTION

PROGRAM.

(1) In addition to the radiation protection program requirements of Rule 0400-20-05-.40, a licensee’s management shall approve in writing:

(a) Requests for a license application, renewal, or amendment before submittal to the Division;

(b) Any individual before allowing that individual to work as an authorized user, authorized nuclear pharmacist, or authorized medical physicist; and (c) Radiation protection program changes that do not require a license amendment and are permitted under Rule 0400-20-07-.18.

(2) A licensee’s management shall appoint a radiation safety officer who agrees, in writing, to be responsible for implementing the radiation protection program. The licensee, through the radiation safety officer, shall ensure that radiation safety activities are being performed in accordance with licensee-approved procedures and regulatory requirements. A licensee’s management may appoint, in writing, one or more associate radiation safety officers to support the radiation safety officer. The radiation safety officer, with written agreement of the licensee’s management, must assign the specific duties and tasks to each associate radiation safety officer. These duties and tasks are restricted to the types of use for which the associate radiation safety officer is listed on a license. The radiation safety officer may delegate duties and tasks to the associate radiation safety officer but shall not delegate the

authority or responsibilities for implementing the radiation protection program.

(3) For up to 60 days each year, a licensee may permit an authorized user or an individual qualified to be a radiation safety officer to function as a temporary radiation safety officer and to perform the functions of a radiation safety officer, under paragraph (7) of this rule, if the licensee takes the actions required in paragraphs (2), (5), (7), and (8) of this rule and notifies the Division in accordance with paragraph (2) of Rule 0400-20-07-.14.

(4) A licensee may simultaneously appoint more than one temporary radiation safety officer under paragraph (3) of this rule, if needed to ensure that the licensee has a temporary radiation safety officer that satisfies the requirements to be a radiation safety officer for each of the different types of uses of radioactive material permitted by the license.

(5) A licensee shall establish the authority, duties, and responsibilities of the radiation safety officer in writing.

(6) Licensees that are authorized for 2 or more different types of use of radioactive material under Rules 0400-20-07-.44, 0400-20-07-.51, 0400-20-07-.63, and 0400-20-07-.81, or 2 or more types of units under Rule 0400-20-07-.63 shall establish a radiation safety committee to oversee all uses of radioactive material permitted by the license. The committee must include an authorized user of each type of use permitted by the license, the radiation safety officer, a representative of the nursing service, and a representative of management who is neither an authorized user nor a radiation safety officer. The committee may include other members the licensee considers appropriate.

(7) A licensee shall provide the radiation safety officer sufficient authority, organizational freedom, time, resources, and management prerogative, to:

(a) Identify radiation safety problems;

(b) Initiate, recommend, or provide corrective actions;

(8) A licensee’s Radiation Safety Committee shall meet as necessary, but at a minimum shall meet at intervals not to exceed 6 months. The licensee shall maintain minutes of each meeting in accordance with Rule 0400-20-07-.82.

(9) A licensee shall retain a record of actions taken under paragraphs (1), (2), and (5) of this rule in accordance with Rule 0400-20-07-.82.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.18 RADIATION PROTECTION PROGRAM CHANGES

(1) A licensee may revise its radiation protection program without Division approval if:

(a) The revision does not require a license amendment under Rule 0400-20-07-.13;

(b) The revision is in compliance with this Chapter and the license;

(c) The revision has been reviewed and approved by the radiation safety officer and licensee management; and (d) The affected individuals are instructed on the revised program before the changes are implemented.

(2) A licensee shall retain a record of each change in accordance with Rule 0400-20-07-.83.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.19 SUPERVISION

(1) A licensee that permits the receipt, possession, use, or transfer of radioactive material by an individual under the supervision of an authorized user, as allowed by paragraph (2) of Rule

Tenn. Comp. R. & Regs. 0400-20-07-.20 WRITTEN DIRECTIVES

(1) A written directive must be dated and signed by an authorized user before the administration of I-131 sodium iodide greater than 1.11 megabecquerels (MBq) (30 microcuries (μCi)), any therapeutic dosage of radioactive material or any therapeutic dose of radiation from radioactive material.

If, because of the emergent nature of the patient’s condition, a delay in order to provide a written directive would jeopardize the patient’s health, an oral directive is acceptable. The information contained in the oral directive must be documented as soon as possible in writing in the patient’s record. A written directive must be prepared within 48 hours of the oral directive.

(2) The written directive must contain the patient or human research subject’s name and the following information:

(a) For any administration of quantities greater than 1.11 MBq (30 μCi) of sodium iodide I- 131: the dosage;

(b) For an administration of a therapeutic dosage of radioactive drug containing radioactive material other than sodium iodide I-131: the radioactive drug, dosage, and route of administration;

(c) For gamma stereotactic radiosurgery: The total dose, treatment site, and values for the target coordinate settings per treatment for each anatomically distinct treatment site;

(d) For teletherapy: The total dose, dose per fraction, number of fractions, and treatment site;

(e) For high dose-rate remote afterloading brachytherapy: The radionuclide, treatment site, dose per fraction, number of fractions, and total dose;

(f) For permanent implant brachytherapy:

Before implantation:

(i) The treatment site;

(ii) The radionuclide; and (iii) The total source strength; and 2. After implantation but before the patient leaves the post-treatment recovery area:

(i) The treatment site;

(ii) The number of sources implanted;

(iii) The total source strength implanted; and (iv) The date; or (g) For all other brachytherapy, including low, medium, and pulsed dose-rate remote afterloaders:

Before implantation:

(i) The treatment site;

(ii) The radionuclide; and (iii) The dose; and 2. After implantation but before completion of the procedure:

(i) The radionuclide;

(ii) The treatment site;

(iii) The number of sources;

(iv) The total source strength and exposure time (or the total dose); and (v) The date.

(3) A written revision to an existing written directive may be made if the revision is dated and signed by an authorized user before the administration of the dosage of unsealed radioactive material, the brachytherapy dose, the gamma stereotactic radiosurgery dose, the teletherapy dose, or the next fractional dose.

(a) If, because of the patient’s condition, a delay in order to provide a written revision to an existing written directive would jeopardize the patient’s health, an oral revision to an existing written directive is acceptable. The oral revision must be documented as soon as possible in the patient’s record. A revised written directive must be signed by the authorized user within 48 hours of the oral revision.

(4) The licensee shall retain a copy of the written directive in accordance with Rule 0400-20-07- .84.

History

Authority: T. C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.21 PROCEDURES FOR ADMINISTRATIONS REQUIRING A WRITTEN DIRECTIVE

(1) For any administration requiring a written directive, a licensee shall develop, implement, and maintain written procedures to provide high confidence that:

(a) The patient’s or human research subject’s identity is verified before each administration; and (b) Each administration is in accordance with the written directive.

(2) At a minimum, the procedures required by paragraph (1) of this rule must address the following activities that are applicable to the licensee’s use of radioactive material:

(a) Verifying the identity of the patient or human research subject;

(b) Verifying that the administration is in accordance with the treatment plan, if applicable, and the written directive;

(d) Verifying that any computer-generated dose calculations are correctly transferred into the consoles of therapeutic medical units authorized by Rule 0400-20-07-.63 or 0400- 20-07-.81;

(e) Determining if a patient or medical event, as defined in Rule 0400-20-07-.114, has occurred; and (f) Determining, for permanent implant brachytherapy, within 60 calendar days from the date the implant was performed, the total source strength administered outside of the treatment site compared to the total source strength documented in the postimplantation portion of the written directive, unless a written justification of patient unavailability is documented.

(3) A licensee shall retain a copy of the procedures required under paragraph (1) of this rule in accordance with Rule 0400-20-07-.112.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.22 are met.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.23 TRAINING FOR RADIATION SAFETY OFFICER AND ASSOCIATE RADIATION

SAFETY OFFICER.

Except as provided in Rule 0400-20-07-.26, a licensee shall require an individual fulfilling the responsibilities of the radiation safety officer or an individual assigned duties and tasks as an associate radiation safety officer under Rule 0400-20-07-.17 to be an individual who:

(1) Is certified by a specialty board whose certification process has been recognized by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State, and who meets the requirements of paragraph (4) of this rule. The names of board certifications that have been recognized by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State are posted on the U.S. Nuclear Regulatory Commission’s Medical Uses Licensee Toolkit Web page. To have its certification process recognized, a specialty board shall require all candidates for certification to:

(a) 1. Hold a bachelor’s or graduate degree from an accredited college or university in physical science or engineering or biological science with a minimum of 20 college credits in physical science;

Have five or more years of professional experience in health physics (graduate training may be substituted for no more than two years of the required experience) including at least three years in applied health physics; and 3. Pass an examination administered by diplomates of the specialty board that evaluates knowledge and competence in radiation physics and instrumentation, radiation protection, mathematics pertaining to the use and measurement of radioactivity, radiation biology, and radiation dosimetry; or (b) 1. Hold a master’s or doctor’s degree in physics, medical physics, other physical science, engineering, or applied mathematics from an accredited college or university;
Have at least two years of full-time practical training and/or supervised experience in medical physics:

(i) Under the supervision of a medical physicist who is certified in medical physics by a specialty board recognized by the U.S. Nuclear Regulatory Commission or an Agreement State; or (ii) In clinical nuclear medicine facilities providing diagnostic and/or therapeutic services under the direction of physicians who meet the requirements for authorized users under Rule 0400-20-07-.26, 0400-20-07-.43 or 0400-20- 07-.47; and 3. Pass an examination, administered by diplomates of the specialty board, that assesses knowledge and competence in clinical diagnostic radiological or nuclear medicine physics and in radiation safety; or (2) (a) Has completed a structured educational program consisting of both:

200 hours of classroom and laboratory training in the following areas:

(i) Radiation physics and instrumentation;

(ii) Radiation protection;

(iii) Mathematics pertaining to the use and measurement of radioactivity;

(iv) Radiation biology; and (v) Radiation dosimetry; and 2. One year of full-time radiation safety experience under the supervision of the individual identified as the radiation safety officer on a Division, U.S. Nuclear Regulatory Commission, or Agreement State license or a permit issued by a Commission master material licensee that authorizes a similar type or types of use or uses of radioactive material. An associate radiation safety officer may provide supervision for those areas for which the associate radiation safety officer is authorized on a Division, U.S. Nuclear Regulatory Commission, or an Agreement State license or permit issued by a U.S. Nuclear Regulatory Commission master material licensee. The full-time radiation safety experience must involve the following:

(i) Shipping, receiving, and performing related radiation surveys;

(ii) Using and performing checks for proper operation of instruments used to determine the activity of dosages, survey meters, and instruments used to measure radionuclides;

(iii) Securing and controlling radioactive material;

(iv) Using administrative controls to avoid mistakes in the administration of radioactive material;

(v) Using procedures to prevent or minimize radioactive contamination and using proper decontamination procedures;

(vi) Using emergency procedures to control radioactive material; and (vii) Disposing of radioactive material; and (b) This individual must obtain a written attestation, signed by a preceptor radiation safety officer or associate radiation safety officer who has experience with the radiation safety aspects of similar types of use of radioactive material for which the individual is seeking approval as a radiation safety officer or an associate radiation safety officer. The written attestation must state that the individual has satisfactorily completed the requirements of subparagraph (a) of this paragraph and paragraph (4) of this rule, and is able to independently fulfill the radiation safety-related duties as a radiation safety officer or as an associate radiation safety officer for a medical use license; or (3) (a) Is a medical physicist who has been certified by a specialty board whose certification process has been recognized by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State under paragraph (1) of Rule 0400-20-07-.24 and has experience in radiation safety for similar types of use of radioactive material for which the licensee is seeking the approval of the individual as radiation safety officer or as an associate radiation safety officer and who meets the requirements in paragraph (4) of this rule; or (b) Is an authorized user, authorized medical physicist, or authorized nuclear pharmacist identified on a U.S. Nuclear Regulatory Commission or an Agreement State license, a permit issued by a U.S. Nuclear Regulatory Commission master material licensee, a permit issued by a U.S. Nuclear Regulatory Commission or an Agreement State licensee of broad scope, or a permit issued by a U.S. Nuclear Regulatory Commission master material license broad scope permittee, has experience with the radiation safety aspects of similar types of use of radioactive material for which the licensee seeks the approval of the individual as the radiation safety officer or associate radiation safety officer, and meets the requirements in paragraph (4) of this rule; or (c) Has experience with the radiation safety aspects of the types of use of radioactive material for which the individual is seeking simultaneous approval both as the radiation safety officer and the authorized user on the same new medical use license or new medical use permit issued by a U.S. Nuclear Regulatory Commission master material licensee. The individual must also meet the requirements in paragraph (4) of this rule.

(4) Has training in the radiation safety, regulatory issues, and emergency procedures for the types of use for which a licensee seeks approval. This training requirement may be satisfied by completing training that is supervised by a radiation safety officer, an associate radiation safety officer, an authorized medical physicist, authorized nuclear pharmacist, or an authorized user, as appropriate, who is authorized for the type(s) of use for which the licensee is seeking approval.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.24 TRAINING FOR AN AUTHORIZED MEDICAL PHYSICIST

Except as provided in Rule 0400-20-07-.26, the licensee shall require the authorized medical physicist to be an individual who:

(1) Is certified by a specialty board whose certification process has been recognized by the Division, the U.S. Nuclear Regulatory Commission or an Agreement State and who meets the requirements in paragraph (3) of this rule. The names of board certifications that have been recognized by the U.S. Nuclear Regulatory Commission or an Agreement State are posted on the U.S. Nuclear Regulatory Commission’s Medical Uses Licensee Toolkit Web page. To have its certification process recognized, a specialty board shall require all candidates for certification to:

(a) Hold a master’s or doctor’s degree in physics, medical physics, other physical science, engineering, or applied mathematics from an accredited college or university;

(b) Have two years of full-time practical training and/or supervised experience in medical physics:

Under the supervision of a medical physicist who is certified in medical physics by a specialty board recognized by the U.S. Nuclear Regulatory Commission or an Agreement State; or 2. In clinical radiation facilities providing high energy, external beam therapy (photons and electrons with energies greater than or equal to one million electron volts) and brachytherapy services under the direction of physicians who meet the requirements for authorized users in Rule 0400-20-07-.26, 0400-20-07-.59, or

Tenn. Comp. R. & Regs. 0400-20-07-.25 TRAINING FOR AN AUTHORIZED NUCLEAR PHARMACIST

Except as provided in Rule 0400-20-07-.26, a licensee shall require the authorized nuclear pharmacist to be a pharmacist who:

(1) Is certified by a specialty board whose certification process has been recognized by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State and who meets the requirements in subparagraph (2)(b) of this rule. The names of board certifications that have been recognized by the U.S. Nuclear Regulatory Commission or an Agreement State are posted on the U.S. Nuclear Regulatory Commission’s Medical Uses Licensee Toolkit Web page. To have its certification process recognized, a specialty board shall require all candidates for certification to:

(a) Have graduated from a pharmacy program accredited by the Accreditation Council for Pharmacy Education (ACPE) (previously named the American Council on Pharmaceutical Education) or have passed the Foreign Pharmacy Graduate Examination Committee (FPGEC) examination;

(b) Hold a current, active license to practice pharmacy;

(c) Provide evidence of having acquired at least 4,000 hours of training/experience in nuclear pharmacy practice. Academic training may be substituted for no more than 2,000 hours of the required training and experience; and (d) Pass an examination in nuclear pharmacy administered by diplomates of the specialty board that assesses knowledge and competency in procurement, compounding, quality assurance, dispensing, distribution, health and safety, radiation safety, provision of information and consultation, monitoring patient outcomes, research and development; or (2) (a) Has completed 700 hours in a structured educational program consisting of both:

200 hours of classroom and laboratory training in the following areas:

(i) Radiation physics and instrumentation;

(ii) Radiation protection;

(iii) Mathematics pertaining to the use and measurement of radioactivity;

(iv) Chemistry of radioactive material for medical use; and (v) Radiation biology; and 2. Supervised practical experience in a nuclear pharmacy involving:

(i) Shipping, receiving, and performing related radiation surveys;

(ii) Using and performing checks for proper operation of instruments used to determine the activity of dosages, survey meters, and, if appropriate, instruments used to measure alpha- or beta-emitting radionuclides;

(iii) Calculating, assaying, and safely preparing dosages for patients or human research subjects;

(iv) Using administrative controls to avoid misadministrations in the administration of radioactive material; and (v) Using procedures to prevent or minimize radioactive contamination and using proper decontamination procedures; and (b) Has obtained written attestation, signed by a preceptor authorized nuclear pharmacist, that the individual has satisfactorily completed the requirements in subparagraph (2)(a) of this rule is able to independently fulfill the radiation safety-related duties as an authorized nuclear pharmacist.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.26 , or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements; or (ii) A residency program director who affirms in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements in this rule, Rule 0400-20-07-.26, or equivalent Agreement State or U.S.

Nuclear Regulatory Commission requirements and concurs with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in parts 1 and 2 of the subparagraph.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.27 RECENTNESS OF TRAINING

The training and experience specified in Rules 0400-20-07-.17 through this rule and Rules 0400-20-07- .38 through 0400-20-07-.80 must have been obtained within the 7 years preceding the date of application or the individual must have had related continuing education, and experience since the required training and experience was completed.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.28 POSSESSION, USE, AND CALIBRATION OF INSTRUMENTS USED TO MEASURE

THE ACTIVITY OF UNSEALED RADIOACTIVE MATERIAL.

(1) For direct measurements performed in accordance with Rule 0400-20-07-.30, a licensee shall possess and use instrumentation to measure the activity of unsealed radioactive material before it is administered to each patient or human research subject.

(2) A licensee shall calibrate the instrumentation required in paragraph (1) of this rule in accordance with nationally recognized standards or the manufacturer’s instructions.

(3) A licensee shall retain a record of each instrument calibration required by this rule in accordance with Rule 0400-20-07-.87.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq. Admini strative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.29 CALIBRATION OF SURVEY INSTRUMENTS

(1) A licensee shall calibrate the survey instruments used to show compliance with this Chapter and Chapter 0400-20-05 before first use, annually, and following a repair that affects the calibration.

(2) To satisfy the requirements of paragraph (1) of Rule 0400-20-07-.29, the licensee shall:

(a) Calibrate all required scale readings up to 10 millisieverts (1000 millirem) per hour with a radiation source;

(b) Calibrate 2 separated readings on each scale or decade that will be used to show compliance; and (c) Conspicuously note on the instrument the date of calibration.

(3) A licensee shall not use survey instruments if the difference between the indicated exposure rate and the calculated exposure rate is greater than 20 percent.

(4) A licensee shall retain a record of each survey instrument calibration in accordance with Rule

Tenn. Comp. R. & Regs. 0400-20-07-.30 DETERMINATION OF DOSAGES OF UNSEALED RADIOACTIVE MATERIAL FOR

MEDICAL USE.

(1) A licensee shall determine and record the activity of each dosage before medical use.

(2) For a unit dosage, this determination must be made by:

(a) Direct measurement of radioactivity; or (b) A decay correction, based on the activity or activity concentration determined by:

A manufacturer or preparer licensed under paragraph (10) of Rule 0400-20-10- .13 or equivalent U.S. Nuclear Regulatory Commission or Agreement State requirements; or 2. An Agreement State or U.S. Nuclear Regulatory Commission licensee for use in research in accordance with a radioactive drug research committee-approved protocol or an investigational new drug (IND) protocol accepted by Food and Drug Administration (FDA).
A PET radioactive drug producer licensed under paragraph (8) of Rule 0400-20- 10-.11 or equivalent Agreement State Requirements.

(3) For other than unit dosages, this determination must be made by:

(a) Direct measurement of radioactivity;

(b) Combination of measurement of radioactivity and mathematical calculations; or (c) Combination of volumetric measurements and mathematical calculations, based on the measurement made by:

A manufacturer or preparer licensed under paragraph (10) of Rule 0400-20-10- .13 or equivalent U.S. Nuclear Regulatory Commission or Agreement State requirements, or 2. A PET radioactive drug producer licensed under paragraph (8) of Rule 0400-20- 10-.11 or equivalent U.S. Nuclear Regulatory Commission or Agreement State requirements.

(4) Unless otherwise directed by the authorized user, a licensee may not use a dosage if the dosage does not fall within the prescribed dosage range or if the dosage differs from the prescribed dosage by more than 20 percent.

(5) A licensee shall retain a record of the dosage determination required by this rule in accordance with Rule 0400-20-07-.89.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.31 AUTHORIZATION FOR CALIBRATION, TRANSMISSION, AND REFERENCE

SOURCES.

(1) Any person authorized by Rule 0400-20-07-.10 for medical use of radioactive material may receive, possess, and use any of the following radioactive material for check, calibration, transmission, and reference use:

(a) Sealed sources not exceeding 1.11 gigibecquerels (30 mCi) each, manufactured and distributed by persons specifically licensed under 10 C.F.R. § 32.74, Chapter 0400-20- 10, or equivalent Agreement State regulations;

(b) Sealed sources, not exceeding 1.11 gigibecquerels (30 mCi) each, redistributed by a licensee authorized to redistribute the sealed sources manufactured and distributed by a person licensed under paragraph (12) of Rule 0400-20-10-.13, or equivalent provisions of the U.S. Nuclear Regulatory Commission or Agreement State regulations, providing the redistributed sealed sources are in the original packaging and shielding and are accompanied by the manufacturer's approved instructions;

(c) Any radioactive material with a half-life not longer than 120 days in individual amounts not to exceed 0.56 gigibecquerels (15 mCi);

(d) Any radioactive material with a half -life longer than 120 days in individual amounts not to exceed the smaller of:

7.4 megabecquerels (200 μCi); or 2. 1,000 times the quantities in Schedule RHS 8-30 Chapter 0400-20-10; and (e) Technetium-99m in amounts as needed.

(2) Radioactive material in sealed sources authorized by this provision shall not be:

(a) Used for medical use as defined in paragraph (19) of Rule 0400-20-07-.05, except in accordance with the requirements of Rule 0400-20-07-.61; or (b) Combined (i.e., bundled or aggregated) to create an activity greater than the maximum activity of any single sealed source authorized under this rule.

(3) A licensee using calibration, transmission, and reference sources in accordance with the requirements in paragraph (1) or (2) of this rule need not list these sources on a specific medical use license.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.32 REQUIREMENTS FOR POSSESSION OF SEALED SOURCES AND

BRACHYTHERAPY SOURCES.

(1) A licensee in possession of any sealed source or brachytherapy source shall follow the radiation safety and handling instructions supplied by the manufacturer.

(2) A licensee in possession of a sealed source shall:

(a) Test the source for leakage before its first use unless the licensee has a certificate from the supplier indicating that the source was tested within 6 months before transfer to the licensee; and (b) Test the source for leakage at intervals not to exceed 6 months or at other intervals approved by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State in the sealed source and device registry.

(3) If the leak test reveals the presence of 185 Bq (0.005 μCi) or more of removable contamination, the licensee shall:

(a) Immediately withdraw the sealed source from use and store, dispose, or cause it to be repaired in accordance with the requirements in Chapters 0400-20-05 and 0400-20-10; and (b) File a report within 5 days of the leak test in accordance with Rule 0400-20-07-.113.

(4) A licensee need not perform a leak test on the following sources:

(a) Sources containing only radioactive material with a half-life of less than 30 days;

(b) Sources containing only radioactive material as a gas;

(c) Sources containing 3.7 MBq (100 μCi) or less of beta or gamma-emitting material or 0.37 MBq (10 μCi) or less of alpha-emitting material;

(d) Seeds of iridium-192 encased in nylon ribbon; and (e) Sources stored and not being used. However, the licensee shall test each such source for leakage before any use or transfer unless it has been leak tested within 6 months before the date of use or transfer.

(5) A licensee in possession of sealed sources or brachytherapy sources, except for gamma stereotactic radiosurgery sources, shall conduct a semi-annual physical inventory of all such sources. The licensee shall retain each inventory record in accordance with Rule 0400-20- 07-.111.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.33 LABELING OF VIALS AND SYRINGES

Each syringe and vial that contains unsealed radioactive material must be labeled to identify the radioactive drug. Each syringe shield and vial shield must also be labeled unless the label on the syringe or vial is visible when shielded.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.34 SURVEYS OF AMBIENT RADIATION DOSE RATE AND CONTAMINATION

(1) Except as provided in paragraph (2) of this rule, a licensee shall survey with a radiation detection survey instrument at the end of each day of use all areas where radioactive drugs were prepared for use or administered.

(2) A licensee shall survey with a radiation detection survey instrument at least once each week all areas where radioactive drugs or radioactive wastes are stored.

(3) A licensee shall conduct the surveys required by paragraphs (1) and (2) of this rule so as to able to measure dose rates as low as 1 microsievert (0.1 millirem) per hour.

(4) A licensee shall establish dose rate action levels for the surveys required by paragraphs (1) and (2) of this rule and shall require that the individual performing the survey immediately notify the radiation safety officer if a dose rate exceeds an action level.

(5) A licensee shall survey for removable contamination at the end of each day of use all areas where generators and bulk radioactive drugs are prepared for use or administered and each week where radioactive materials are stored.

(6) A licensee shall conduct the surveys required by paragraph (5) of this rule so as to be able to detect contamination on each wipe sample of 33.3 becquerels (2000 dpm).

(7) A licensee shall establish removable contamination action levels for the surveys required by paragraph (5) of this rule and shall require that the individual performing the survey immediately notify the radiation safety officer if contamination exceeds action levels.

(8) A licensee does not need to perform the surveys required by paragraph (1) of this rule in area(s) where patients or human research subjects are confined when they cannot be released pursuant to Rule 0400-20-07-.35.

(9) A licensee shall retain a record of each survey in accordance with Rule 0400-20-07-.91.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.35 RELEASE OF INDIVIDUALS CONTAINING RADIOACTIVE DRUGS OR IMPLANTS

(1) A licensee may authorize the release from its control of any individual who has been administered radioactive drugs or implants containing radioactive material if the total effective dose equivalent to any other individual from exposure to the released individual is not likely to exceed 5 millisieverts (0.5 rem).

(2) A licensee shall provide the released individual, or the individual's parent or guardian, with instructions, including written instructions, on actions recommended to maintain doses to other individuals as low as is reasonably achievable if the total effective dose equivalent to any other individual is likely to exceed 1 mSv (0.1 rem). If the total effective dose equivalent to a nursing infant or child could exceed 1 mSv (0.1 rem) assuming there were no interruption of breast-feeding, the instructions must also include:

(a) Guidance on the interruption or discontinuation of breast-feeding; and (b) Information on the potential consequences, if any, of failure to follow the guidance.

(3) A licensee shall maintain a record of the basis for authorizing the release of an individual in accordance with Rule 0400-20-07-.92.

(4) A licensee shall maintain a record of instructions provided to breast-feeding women in accordance with Rule 0400-20-07-.92.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.36 for 3 years. The record must include the date of the survey, the results of the survey, the instrument used to make the survey, and the name of the individual who performed the survey.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.37 DECAY-IN-STORAGE

(1) A licensee may hold radioactive material with a physical half-life of less than 120 days for decay-in-storage before disposal without regard to its radioactivity if it:

(a) Monitors radioactive material at the surface before disposal and determines that its Radioactivity cannot be distinguished from the background radiation level with an appropriate calibrated radiation detection survey meter set on its most sensitive scale and with no interposed shielding;

(b) Removes or obliterates all radiation labels, except for radiation labels on materials that are within containers and that will be managed as biomedical waste after they have been released from the licensee; and (2) A licensee shall retain a record of each disposal permitted under paragraph (1) of this rule in accordance with Rule 0400-20-07-.94.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.38 USE OF UNSEALED RADIOACTIVE MATERIAL FOR UPTAKE, DILUTION, AND

EXCRETION STUDIES FOR WHICH A WRITTEN DIRECTIVE IS NOT REQUIRED.

(1) Except for quantities that require a written directive under paragraph (2) of Rule 0400-20-07- .20, a licensee may use any unsealed radioactive material, prepared for medical use for uptake, dilution, or excretion that is:

(a) Obtained from:

A manufacturer or preparer licensed under paragraph (10) of Rule 0400-20-10- .13 or equivalent U.S. Nuclear Regulatory Commission or Agreement State requirements; or 2. A PET radioactive drug producer licensed under paragraph (8) of Rule 0400-20- 10-.11 or equivalent Agreement State requirements; or (b) Excluding production of PET radionuclides, prepared by:
An authorized nuclear pharmacist;
A physician who is an authorized user and who meets the requirements specified in Rule 0400-20-07-.43, or Rule 0400-20-07-.47 and item (1)(c)1(ii)(VII) of Rule

Tenn. Comp. R. & Regs. 0400-20-07-.39 TRAINING FOR UPTAKE, DILUTION, AND EXCRETION STUDIES

(1) Except as provided in Rule 0400-20-07-.26, a licensee shall require an authorized user of unsealed radioactive material for the uses authorized under Rule 0400-20-07-.38 to be a physician who:

(a) Is certified by a medical specialty board whose certification process has been recognized by the Division, the U.S. Nuclear Regulatory Commission or an Agreement State. The names of board certifications that have been recognized by the U.S.

Nuclear Regulatory Commission or an Agreement State are posted on the U.S.

Nuclear Regulatory Commission’s Medical Uses Licensee Toolkit Web page. To have its certification process recognized, a specialty board shall require all candidates for certification to:

Have completed 60 hours of training and experience in basic radionuclide handling techniques and radiation safety applicable to the medical use of unsealed radioactive material for uptake, dilution, and excretion studies as described in subparts (1)(c)1(i) and (ii) of this rule; and 2. Pass an examination, administered by diplomates of the specialty board, which assesses knowledge and competence in radiation safety, radionuclide handling, and quality control; or (b) Is an authorized user under Rule 0400-20-07-.43 or 0400-20-07-.47 or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements; or (c) 1. Has completed 60 hours of training and experience, including a minimum of eight hours of classroom and laboratory training, in basic radionuclide handling techniques applicable to the medical use of unsealed radioactive material for uptake, dilution, and excretion studies. The training and experience must include:

(i) Classroom and laboratory training in the following areas:

(I) Radiation physics and instrumentation;

(II) Radiation protection;

(III) Mathematics pertaining to the use and measurement of radioactivity;

(IV) Chemistry of radioactive material for medical use; and (V) Radiation biology; and (ii) Work experience, under the supervision of an authorized user who meets the requirements in Rule 0400-20-07-.26, this rule, Rule 0400-20-07-.43, or

Rule 0400-20-07-.47, or equivalent U.S. Nuclear Regulatory Commission or Agreement State requirements, involving:

(I) Ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;

(II) Performing quality control procedures on instruments used to determine the activity of dosages and performing checks for proper operation of survey meters;

(III) Calculating, measuring, and safely preparing patient or human research subject dosages;

(IV) Using administrative controls to prevent a misadministration involving the use of unsealed radioactive material;

(V) Using procedures to contain spilled radioactive material safely and using proper decontamination procedures; and (VI) Administering dosages of radioactive drugs to patients or human research subjects; and 2. Has obtained written attestation that the individual has satisfactorily completed the requirements in part 1 of this subparagraph and is able to independently fulfill the radiation safety-related duties as an authorized user for the medical uses authorized under Rule 0400-20-07-.38. The attestation must be obtained from either:

(i) A preceptor authorized user who meets the requirements of this rule, Rule

Tenn. Comp. R. & Regs. 0400-20-07-.40 USE OF UNSEALED RADIOACTIVE MATERIAL FOR IMAGING AND

LOCALIZATION STUDIES FOR WHICH A WRITTEN DIRECTIVE IS NOT REQUIRED.

(1) A licensee may use, for imaging and localization studies, any radioactive material prepared for medical use, in quantities that do not require a written directive as described in paragraph (2) of Rule 0400-20-07-.20 that is:

(a) Obtained from:

A manufacturer or preparer licensed under paragraph (10) of Rule 0400-20-10- .13 or equivalent regulations of another Agreement State or U.S. Nuclear Regulatory Commission requirements; or 2. A PET radioactive drug producer licensed under paragraph (8) of Rule 0400-20- 10-.11 or equivalent Agreement State requirements; or (b) Excluding production of PET radionuclides prepared by an authorized nuclear pharmacist, a physician who is an authorized user and who meets the requirements specified in Rule 0400-20-07-.43, or Rule 0400-20-07-.47 and item (1)(c)1(ii)(VII) of

Rule 0400-20-07-.43, or an individual under the supervision of either as specified in

Rule 0400-20-07-.19; or (c) Obtained from and prepared by an Agreement State or U.S. Nuclear Regulatory Commission licensee for use in research in accordance with a radioactive drug research committee-approved protocol or an investigational new drug (IND) protocol accepted by Food and Drug Administration (FDA); or (d) Prepared by the licensee for use in research in accordance with a radioactive drug research committee-approved application or an investigational new drug (IND) protocol accepted by Food and Drug Administration (FDA).

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.41 for 3 years. The record must include, for each measured elution of radionuclide used to prepare a radioactive drug, the ratio of the measures expressed as kilobecquerel of contaminant per megabecquerel of desired radionuclide (microcuries/millicurie), or microgram of contaminant per megabecquerel of desired radionuclide (microgram/millicurie), the time and date of the measurement, and the name of the individual who made the measurement.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.42 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.43 TRAINING FOR IMAGING AND LOCALIZATION STUDIES

(1) Except as provided in Rule 0400-20-07-.26, a licensee shall require an authorized user of unsealed radioactive material for the uses authorized under Rule 0400-20-07-.40 to be a physician who:

Nuclear Regulatory Commission or an Agreement State are posted on the U.S.

Nuclear Regulatory Commission’s Medical Uses Licensee Toolkit Web page. To have its certification process recognized, a specialty board shall require all candidates for certification to:

Complete 700 hours of training and experience in basic radionuclide handling techniques and radiation safety applicable to the medical use of unsealed radioactive material for imaging and localization studies as described in subparts (c)1(i) and (ii) of this paragraph; and 2. Pass an examination, administered by diplomates of the specialty board, which assesses knowledge and competence in radiation safety, radionuclide handling, and quality control; or (b) Is an authorized user under Rule 0400-20-07-.47 and meets the requirements in item (c)1(ii)(VII) of this paragraph or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements; or (c) 1. Has completed 700 hours of training and experience, including a minimum of 80 hours of classroom and laboratory training, in basic radionuclide handling techniques applicable to the medical use of unsealed radioactive material for imaging and localization studies. The training and experience must include, at a minimum:

(i) Classroom and laboratory training in the following areas:

(I) Radiation physics and instrumentation;

(II) Radiation protection;

(III) Mathematics pertaining to the use and measurement of radioactivity;

(IV) Chemistry of radioactive material for medical use; and (V) Radiation biology; and (ii) Work experience, under the supervision of an authorized user, who meets the requirements in this rule, Rule 0400-20-07-.26, or item (VII) of this

subpart and Rule 0400-20-07-.47 or equivalent Agreement State or U.S.

Nuclear Regulatory Commission requirements. An authorized nuclear pharmacist who meets the requirements in Rule 0400-20-07-.25 or 0400- 20-07-.26 may provide the supervised work experience for item (VII) of this

subpart. Work experience must involve:

(I) Ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;

(II) Performing quality control procedures on instruments used to determine the activity of dosages and performing checks for proper operation of survey meters;

(III) Calculating, measuring, and safely preparing patient or human research subject dosages;

(IV) Using administrative controls to prevent a misadministration involving the use of unsealed radioactive material;

(V) Using procedures to safely contain spilled radioactive material and using proper decontamination procedures;

(VI) Administering dosages of radioactive drugs to patients or human research subjects; and (VII) Eluting generator systems appropriate for preparation of radioactive drugs for imaging and localization studies, measuring and testing the eluate for radionuclidic purity, and processing the eluate with reagent kits to prepare labeled radioactive drugs; and 2. Has obtained written attestation that the individual has satisfactorily completed the requirements in part 1 of this subparagraph and is able to independently fulfill the radiation safety-related duties as an authorized user for the medical uses authorized under Rules 0400-20-07-.39 and 0400-20-07-.40. The attestation must be obtained from either:

(i) A preceptor authorized user who meets the requirements in Rule 0400-20- 07-.26, this rule, or Rule 0400-20-07-.47, and item 1(ii)(VII) of this subparagraph, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements; or (ii) A residency program director who affirms in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements in

Rule 0400-20-07-.26, this rule, or Rule 0400-20-07-.47 and item 1(ii)(VII) of this subparagraph, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements, and concurs with the attestation provided by the residency program director. The residency training program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in part 1 of this subparagraph.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.44 for which the individual is requesting authorized user status. The attestation must be obtained from either:

(i) A preceptor authorized user who meets the requirements in this rule, Rule

Tenn. Comp. R. & Regs. 0400-20-07-.45 SAFETY INSTRUCTIONS

(1) In addition to the requirements of Rule 0400-20-04-.12:

(a) A licensee shall provide radiation safety instruction, initially and at least annually, to personnel caring for patients or human research subjects that have received therapy with a radioactive drug, and cannot be released under Rule 0400-20-07-.35. The instruction must be appropriate to the personnel’s assigned duties and include the following:

Patient or human research subject control; and 2. Visitor control to include the following:

(i) Routine visitation to hospitalized individuals in accordance with Chapter 0400-20-05;

(ii) Contamination control;

(iii) Waste control; and (iv) Notification of the radiation safety officer, or their designee, and the authorized user if the patient or the human research subject has a medical emergency or dies.

(b) A licensee shall retain a record of individuals receiving instruction in accordance with

Rule 0400-20-07-.96.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.46 SAFETY PRECAUTIONS

(1) For each patient or human research subject receiving radiopharmaceutical therapy and hospitalized for compliance with Rule 0400-20-07-.35, a licensee shall:

(a) Quarter the patient or the human research subject either in:

A private room with a private sanitary facility; or 2. A room, with a private sanitary facility, with another individual who also has received radiopharmaceutical therapy and who also cannot be released under

Rule 0400-20-07-.35;

(b) Visibly post the patient’s or the human research subject’s room with a “Caution Radioactive Materials” sign;

(c) Note on the door or in the patient’s or human research subject’s chart where and how long visitors may stay in the patient’s or the human research subject’s room; and (d) Either monitor material and items removed from the patient’s or the human research subject’s room to determine that their radioactivity cannot be distinguished from the natural background radiation level with a radiation detection survey instrument set on its most sensitive scale and with no interposed shielding, or handle the material and items as radioactive waste.

(2) The radiation safety officer, or his or her designee, and the authorized user shall be notified immediately if the hospitalized patient or human research subject dies or has a medical emergency.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.47 . The training must include:

(i) Radiation physics and instrumentation;

(ii) Radiation protection;

(iii) Mathematics pertaining to the use and measurement of radioactivity;

Rule 0400-20-07-.47. A supervising authorized user who meets the requirements in Rule 0400-20-07-.47, this rule, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements must have experience in administering dosages in the same category or categories as the individual requesting authorized user status. The work experience must involve:

(i) Ordering, receiving, and unpacking radioactive materials safely, and performing the related radiation surveys;

(ii) Performing quality control procedures on instruments used to determine the activity of dosages, and performing checks for proper operation of survey meters;

(iii) Calculating, measuring, and safely preparing patient or human research subject dosages;

(iv) Using administrative controls to prevent a misadministration involving the use of unsealed radioactive material;

(v) Using procedures to contain spilled radioactive material safely, and using proper decontamination procedures; and (vi) Administering dosages to patients or human research subjects, that include at least 3 cases involving the parenteral administrations as specified in subitem (1)(b)1(ii)(VI)III of Rule 0400-20-07-.47; and 3. Has obtained written attestation that the individual has satisfactorily completed the requirements in subparagraphs (b) or (c) of this paragraph and has achieved a level of competency sufficient to function independently as an authorized user for the parenteral administration of unsealed radioactive material requiring a written directive. The written attestation must be obtained from either:

(i) A preceptor authorized user who meets the requirements in Rule 0400-20- 07-.26, Rule 0400-20-07-.47, this rule, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements. A preceptor authorized user, who meets the requirements in Rule 0400-20-07-.47, this

rule, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements, must have experience in administering dosages in the same category or categories as the individual requesting authorized user status; or (ii) A residency program director who affirms in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements in

Rule 0400-20-07-.26, Rule 0400-20-07-.47, Rule 0400-20-07-.50, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements, has experience in administering dosages in the same dosage category or categories as the individual requesting authorized user status, and concurs with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in parts 1 and 2 of this subparagraph.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.48 TRAINING FOR THE ORAL ADMINISTRATION OF SODIUM IODINE I-131

REQUIRING A WRITTEN DIRECTIVE IN QUANTITIES LESS THAN OR EQUAL TO 1.22

GIGABECQUERELS (33 MILLICURRIES).

(1) Except as provided in Rule 0400-20-07-.26, a licensee shall require an authorized user for the oral administration of sodium iodide I-131 requiring a written directive in quantities less than or equal to 1.22 gigabecquerels (33 millicuries), to be a physician who:

(a) Is certified by a medical specialty board whose certification process includes all of the requirements of subparagraph (c) of this paragraph and whose certification has been recognized by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State. The names of board certifications that have been recognized by the U.S.

Nuclear Regulatory Commission or an Agreement State are posted on the U.S.

Nuclear Regulatory Commission's Medical Uses Licensee Toolkit Web page; or (b) Is an authorized user under Rule 0400-20-07-.47 for uses listed in subitems (1)(b)1(ii)(VI)I or II of Rule 0400-20-07-.47, Rule 0400-20-07-.49, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements; or (c) 1. Has successfully completed 80 hours of classroom and laboratory training, applicable to the medical use of sodium iodide I-131 for procedures requiring a written directive. The training must include:

(i) Radiation physics and instrumentation;

(ii) Radiation protection;

(iii) Mathematics pertaining to the use and measurement of radioactivity;

(iv) Chemistry of radioactive material for medical use; and (v) Radiation biology; and 2. Has work experience, under the supervision of an authorized user who meets the requirements of Rule 0400-20-07-.26, Rule 0400-20-07-.47, Rule 0400-20-07- .48, Rule 0400-20-07-.49, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements. A supervising authorized user who meets the requirements of subparagraph (1)(b) of Rule 0400-20-07-.47 must also have experience administering dosages as specified in subitems (1)(b)1(ii)(VI)I or II of

Rule 0400-20-07-.47. The work experience must involve:

(i) Ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;

(ii) Performing quality control procedures on instruments used to determine the activity of dosages and performing checks for proper operation of survey meters;

(iii) Calculating, measuring, and safely preparing patient or human research subject dosages;

(iv) Using administrative controls to prevent a misadministration involving the use of radioactive material;

(v) Using procedures to contain spilled radioactive material safely and using proper decontamination procedures; and (vi) Administering dosages to patients or human research subjects, that includes at least three cases involving the oral administration of less than or equal to 1.22 gigabecquerels (33 millicuries) of sodium iodide I-131; and (d) Has obtained written attestation that the individual has satisfactorily completed the requirements of parts (c)1 and (c)2 of this paragraph and is able to independently fulfill the radiation safety-related duties as an authorized user for oral administration of less than or equal to 1.22 gigabecquerels (33 millicuries) of sodium iodine I-131 for medical uses authorized under Rule 0400-20-07-.44. The attestation must be obtained from either:

A preceptor authorized user who meets the requirements of Rule 0400-20-07- .26, Rule 0400-20-07-.47, this rule, Rule 0400-20-07-.49, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements and who has experience in administering dosages as specified in subitem (1)(b)1(ii)(VI)I or II of Rule 0400-20-07-.47; or 2. A residency program director who affirms in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements of Rule 0400-20-07- .26, Rule 0400-20-07-.47, this rule, Rule 0400-20-07-.49, or equivalent Agreement State requirements, who has experience in administering dosages as specified in subitem (1)(b)1(ii)(VI)I or II of Rule 0400-20-07-.47, and who concurs with the attestation provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in parts (c)1 and (c)2 of this paragraph.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.49 TRAINING FOR THE ORAL ADMINISTRATION OF SODIUM IODINE I-131

REQUIRING A WRITTEN DIRECTIVE IN QUANTITIES GREATER THAN 1.22 GIGABECQUERELS (33

MILLICURRIES).

(1) Except as provided in Rule 0400-20-07-.26, a licensee shall require an authorized user for the oral administration of sodium iodide I-131 requiring a written directive in quantities greater than 1.22 gigabecquerels (33 millicuries), to be a physician who:

(a) Is certified by a medical specialty board whose certification process includes all of the requirements of parts (c)1 and (c)2 of this paragraph and whose certification has been recognized by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State. The names of board certifications that have been recognized by the U.S.

Nuclear Regulatory Commission or an Agreement State are posted on the U.S.

Nuclear Regulatory Commission's Medical Uses Licensee Toolkit Web page; or (b) Is an authorized user under Rule 0400-20-07-.47 for uses listed in subitem (1)(b)1(ii)(VI)II of Rule 0400-20-07-.47, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements; or (c) 1. Has successfully completed 80 hours of classroom and laboratory training, applicable to the medical use of sodium iodide I-131 for procedures requiring a written directive. The training must include:

(i) Radiation physics and instrumentation;

(ii) Radiation protection;

(iii) Mathematics pertaining to the use and measurement of radioactivity;

(iv) Chemistry of radioactive material for medical use; and (v) Radiation biology; and 2. Has work experience, under the supervision of an authorized user who meets the requirements in Rule 0400-20-07-.26, Rule 0400-20-07-.47, this rule, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements. A supervising authorized user, who meets the requirements in subparagraph (1)(b) of Rule 0400-20-07-.47, must have experience in administering dosages as specified in subitem (1)(b)1(ii)(VI)II of Rule 0400-20- 07-.47. The work experience must involve:

(i) Ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;

(ii) Performing quality control procedures on instruments used to determine the activity of dosages and performing checks for proper operation of survey meters;

(iii) Calculating, measuring, and safely preparing patient or human research subject dosages;

(iv) Using administrative controls to prevent a misadministration involving the use of radioactive material;

(v) Using procedures to contain spilled radioactive material safely and using proper decontamination procedures; and (vi) Administering dosages to patients or human research subjects, that includes at least three cases involving the oral administration of greater than 1.22 gigabecquerels (33 millicuries) of sodium iodide I-131; and 3. Has obtained written attestation that the individual has satisfactorily completed the requirements of parts 1 and 2 of this subparagraph and has achieved a level of competency sufficient to function independently as an authorized user for medical uses authorized under Rule 0400-20-07-.44. The written attestation must be signed by a preceptor authorized user who meets the requirements of Rule

Tenn. Comp. R. & Regs. 0400-20-07-.50 TRAINING FOR THE PARENTERAL ADMINISTRATION OF UNSEALED

RADIOACTIVE MATERIAL REQUIRING A WRITTEN DIRECTIVE.

(1) Except as provided in Rule 0400-20-07-.26, a licensee shall require an authorized user for the parenteral administration requiring a written directive, to be a physician who:

(a) Is an authorized user under Rule 0400-20-07-.47 for uses listed in subitem (1)(b)1(ii)(VI)III or IV of Rule 0400-20-07-.47, or equivalent Agreement State or U.S.

Nuclear Regulatory Commission requirements;

(b) Is an authorized user under Rule 0400-20-07-.59 or Rule 0400-20-07-.80, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements and who meets the requirements in subparagraph (d) of this paragraph;

(c) Is certified by a medical specialty board whose certification process has been recognized by the U.S. Nuclear Regulatory Commission or an Agreement State under

Rule 0400-20-07-.59 or Rule 0400-20-07-.80, and who meets the requirements in subparagraph (d) of this paragraph; or (d) 1. Has successfully completed 80 hours of classroom and laboratory training, applicable to parenteral administrations listed in subitem (1)(b)1(ii)(VI)III of Rule

Tenn. Comp. R. & Regs. 0400-20-07-.51 USE OF SEALED SOURCES FOR MANUAL BRACHYTHERAPY

(1) A licensee shall use only brachytherapy sources for therapeutic medical uses:

(a) As approved in the Sealed Source and Device Registry for manual brachytherapy medical use. The manual brachytherapy sources may be used for manual brachytherapy uses that are not explicitly listed in the Sealed Source and Device Registry, but must be used in accordance with the radiation safety conditions and limitations described in the Sealed Source and Device Registry; or (b) In research to deliver therapeutic doses for medical use in accordance with an active investigational device exemption (IDE) application accepted by the Food and Drug Administration (FDA) provided the requirements of Rule 0400-20-07-.22 are met.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.52 SURVEYS AFTER SOURCE IMPLANTS AND REMOVAL

(1) Immediately after implanting sources in a patient or a human research subject, a licensee shall make a survey to locate and account for all sources that have not been implanted.

(2) Immediately after removing the last temporary implant source from a patient or a human research subject, a licensee shall make a survey of the patient or the human research subject with a radiation detection survey instrument to confirm that all sources have been removed.

(3) A licensee shall retain a record of the surveys in accordance with Rule 0400-20-07-.97.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.53 for 3 years.

(2) For temporary implants, the record must include:

(a) The number and activity of sources removed from storage, the time and date they were removed from storage, the name of the individual who removed them from storage, and the location of use; and (b) The number and activity of sources returned to storage, the time and date they were returned to storage, and the name of the individual who returned them to storage.

(3) For permanent implants, the record must include:

(a) The number and activity of sources removed from storage, the date they were removed from storage, and the name of the individual who removed them from storage;

(b) The number and activity of sources not implanted, the date they were returned to storage, and the name of the individual who returned them to storage; and (c) The number and activity of sources permanently implanted in the patient or human research subject.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.54 , and 0400-20-07-.66 for three years. The record must include a list of the topics covered, the date of the instruction, the name(s) of the attendee(s), and the name(s) of the individual(s) who provided the instruction.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.55 SAFETY PRECAUTIONS FOR PATIENTS OR HUMAN RESEARCH SUBJECTS

RECEIVING BRACHYTHERAPY.

(1) For each patient or human research subject who is receiving brachytherapy and cannot be released under Rule 0400-20-07-.35, a licensee shall:

(a) Not quarter the patient or the human research subject in the same room as an individual who is not receiving brachytherapy;

(b) Visibly post the patient’s or human research subject’s room with a “Caution- Radioactive Materials” sign; and (c) Note on the door or in the patient’s or human research subject’s chart where and how long visitors may stay in the patient’s or human research subject’s room.

(2) A licensee shall have emergency response equipment available near each treatment room to respond to a source:

(a) Dislodged from the patient; and (b) Lodged within the patient following removal of the source applicators.

(3) The radiation safety officer, or their designee, and an authorized user shall be notified immediately if the patient or human research subject has a medical emergency or dies.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.56 CALIBRATION MEASUREMENTS OF BRACHYTHERAPY SOURCES

(1) Before the first medical use of a brachytherapy sealed source on or after March 21, 2010, a licensee shall have:

(a) Determined the source output or activity using a dosimetry system that meets the requirements of Rule 0400-20-07-.68;

(b) Determined source positioning accuracy within applicators; and (c) Used published protocols currently accepted by nationally recognized bodies to meet the requirements of subparagraphs (a) and (b) of this paragraph.

(2) Instead of a licensee making its own measurements as required in paragraph (1) of this rule, the licensee may use measurements provided by the source manufacturer or by a calibration laboratory accredited by the American Association of Physicists in Medicine that are made in accordance with paragraph (1) of this rule.

(3) A licensee shall mathematically correct the outputs or activities determined in paragraph (1) of this rule for physical decay at intervals consistent with 1 percent physical decay.

(4) A licensee shall retain a record of each calibration in accordance with Rule 0400-20-07-.99.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.57 STRONTIUM-90 SOURCES FOR OPHTHALMIC TREATMENTS

(1) Licensees who use strontium-90 for ophthalmic treatments must ensure that certain activities as specified in paragraph (2) of this rule are performed by either:

(a) An authorized medical physicist; or (b) An individual who:

Is identified as an ophthalmic physicist on a specific medical use license issued by the U.S. Nuclear Regulatory Commission or Agreement State broad scope medical use licensee; medical use permit issued by a U.S. Nuclear Regulatory Commission master material licensee; or permit issued by a U.S. Nuclear Regulatory Commission master material license broad scope medical use permittee; and 2. Holds a master’s or doctor’s degree in physics, medical physics, other physical sciences, engineering, or applied mathematics from an accredited college or university; and 3. Has successfully completed one year of full-time training in medical physics and an additional year of full-time work experience under the supervision of a medical physicist; and 4. Has documented training in:

(i) The creation, modification, and completion of written directives;

(ii) Procedures for administrations requiring a written directive; and (iii) Performing the calibration measurements of brachytherapy sources as detailed in Rule 0400-20-07-.56.

(2) The individuals identified in paragraph (1) of this rule must:

(a) Calculate the activity of each strontium-90 source that is used to determine the treatment times for ophthalmic treatments. The decay must be based on the activity determined under Rule 0400-20-07-.56; and (b) Assist the licensee in developing, implementing, and maintaining written procedures to provide high confidence that the administration is in accordance with the written directive. These procedures must include the frequencies that the individual meeting the requirements in paragraph (1) of this rule will observe treatments, review the treatment methodology, calculate treatment time for the prescribed dose, and review records to verify that the administrations were in accordance with the written directives.

(3) Licensees must retain a record of the activity of each strontium-90 source in accordance with

Rule 0400-20-07-.100.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.58 THERAPY-RELATED COMPUTER SYSTEMS

(1) The licensee shall perform or shall verify and maintain documentation of acceptance testing on the treatment planning system of therapy-related computer systems in accordance with published protocols accepted by nationally recognized bodies. At a minimum, the acceptance testing must include, as applicable, verification of:

(a) The source-specific input parameters required by the dose calculation algorithm;

(b) The accuracy of dose, dwell time, and treatment time calculations at representative points;

(c) The accuracy of isodose plots and graphic displays; and (d) The accuracy of the software used to determine sealed source positions from radiographic images.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.59 TRAINING FOR USE OF MANUAL BRACHYTHERAPY SOURCES

(1) Except as provided in Rule 0400-20-07-.26, a licensee shall require an authorized user of a manual brachytherapy source for the uses authorized under Rule 0400-20-07-.51 to be a physician who:

(a) Is certified by a medical specialty board whose certification process has been recognized by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State. The names of board certifications which have been recognized by the U.S.

Nuclear Regulatory Commission or an Agreement State are posted on the U.S.

Nuclear Regulatory Commission's Medical Uses Licensee Toolkit Web page. To have its certification process recognized, a specialty board shall require all candidates for certification to:

Successfully complete a minimum of three years of residency training in a radiation oncology program approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association; and 2. Pass an examination, administered by diplomates of the specialty board, that tests knowledge and competence in radiation safety, radionuclide handling, treatment planning, quality assurance, and clinical use of manual brachytherapy; or (b) 1. Has completed a structured educational program in basic radionuclide handling techniques applicable to the use of manual brachytherapy sources that includes:

(i) 200 hours of classroom and laboratory training in the following areas:

(I) Radiation physics and instrumentation;

(II) Radiation protection;

(III) Mathematics pertaining to the use and measurement of radioactivity; and (IV) Radiation biology; and (ii) 500 hours of work experience, under the supervision of an authorized user who meets the requirements in this rule, Rule 0400-20-07-.26, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements at a medical facility authorized to use radioactive materials under Rule 0400-20-07-.51, involving:

(I) Ordering, receiving, and unpacking radioactive materials safely and performing the related radiation surveys;

(II) Checking survey meters for proper operation;

(III) Preparing, implanting, and removing brachytherapy sources;

(IV) Maintaining running inventories of material on hand;

(V) Using administrative controls to prevent a misadministration involving the use of radioactive material; and (VI) Using emergency procedures to control radioactive material; and 2. Has completed three years of supervised clinical experience in radiation oncology, under an authorized user who meets the requirements in this rule,

Rule 0400-20-07-.26, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements, as part of a formal training program approved by the Residency Review Committee for Radiation Oncology of the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association. This experience may be obtained concurrently with the supervised work experience required by subpart 1(ii) of this subparagraph; and 3. Has obtained written attestation that the individual has satisfactorily completed the requirements in part (a)1 of this paragraph, or parts 1 and 2 of this subparagraph and is able to independently fulfill the radiation safety-related duties as an authorized user of manual brachytherapy sources for the medical uses authorized under Rule 0400-20-07-.51. The attestation must be obtained from either:

(i) A preceptor authorized user who meets the requirements in this rule, Rule

Tenn. Comp. R. & Regs. 0400-20-07-.60 TRAINING FOR OPHTHALMIC USE OF STRONTIUM-90

(1) Except as provided in Rule 0400-20-07-.26, a licensee shall require the authorized user of strontium-90 for ophthalmic uses authorized under Rule 0400-20-07-.51 to be a physician who:

(a) Is an authorized user under Rule 0400-20-07-.59 or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements; or (b) 1. Has completed 24 hours of classroom and laboratory training applicable to the medical use of strontium-90 for ophthalmic radiotherapy. The training must include:

(i) Radiation physics and instrumentation;

(ii) Radiation protection;

(iii) Mathematics pertaining to the use and measurement of radioactivity; and (iv) Radiation biology; and 2. Supervised clinical training in ophthalmic radiotherapy under the supervision of an authorized user at a medical institution, clinic, or private practice that includes the use of strontium-90 for the ophthalmic treatment of 5 individuals. This supervised clinical training must involve:

(i) Examination of each individual to be treated;

(ii) Calculation of the dose to be administered;

(iii) Administration of the dose; and (iv) Follow up and review of each individual’s case history; and 3. Has obtained written attestation, signed by a preceptor authorized user who meets the requirements in Rule 0400-20-07-.26, Rule 0400-20-07-.59, this rule, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements, that the individual has satisfactorily completed the requirements in subparagraph (b) of this paragraph and is able to independently fulfill the radiation safety-related duties as an authorized user of strontium-90 for ophthalmic use.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.61 USE OF SEALED SOURCES AND MEDICAL DEVICES FOR DIAGNOSIS

(1) A licensee must use only sealed sources that are not in medical devices for diagnostic medical uses if the sealed sources are approved in the Sealed Source and Device Registry for diagnostic medicine. The sealed sources may be used for diagnostic medical uses that are not explicitly listed in the Sealed Source and Device Registry, but must be used in accordance with the radiation safety conditions and limitations described in the Sealed Source and Device Registry.

(2) A licensee must only use medical devices containing sealed sources for diagnostic medical uses if both the sealed sources and medical devices are approved in the Sealed Source and Device Registry for diagnostic medical uses. The diagnostic medical devices may be used for diagnostic medical uses that are not explicitly listed in the Sealed Source and Device Registry, but must be used in accordance with the radiation safety conditions and limitations described in the Sealed Source and Device Registry.

(3) Sealed sources and devices for diagnostic medical uses may be used in research in accordance with an active Investigational Device Exemption (IDE) application accepted by the U.S. Food and Drug Administration provided the requirements of paragraph (1) of Rule

Tenn. Comp. R. & Regs. 0400-20-07-.62 TRAINING FOR USE OF SEALED SOURCES FOR DIAGNOSIS

(1) Except as provided in Rule 0400-20-07-.26, a licensee shall require the authorized user of a diagnostic sealed source or a device authorized under Rule 0400-20-07-.61 to be a physician, dentist, or podiatrist who:

(a) Is certified by a specialty board whose certification process includes all of the requirements of subparagraphs (c) and (d) of this paragraph and whose certification has been recognized by the Division, the U.S Nuclear Regulatory Commission, or an Agreement State. The names of board certifications that have been recognized by the U.S. Nuclear Regulatory Commission or an Agreement State are posted on the U.S.

Nuclear Regulatory Commission's Medical Uses Licensee Toolkit Web page; or (b) Is an authorized user for uses listed in Rule 0400-20-07-.40 or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements; or (c) Has completed eight hours of classroom and laboratory training in basic radionuclide handling techniques specifically applicable to the use of the device. The training must include:

Radiation physics and instrumentation;
Radiation protection;
Mathematics pertaining to the use and measurement of radioactivity; and 4. Radiation biology; and (d) Has completed training in the use of the device for the uses requested.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.63 USE OF A SEALED SOURCE IN REMOTE AFTERLOADER UNIT, TELETHERAPY

UNIT, OR GAMMA STEREOTACTIC RADIOSURGERY UNIT.

(1) A licensee must only use sealed sources:

(a) As approved in the Sealed Source and Device Registry in photon emitting remote afterloader units, teletherapy units, or gamma stereotactic radiosurgery units to deliver therapeutic doses for medical uses; or (b) In research involving photon-emitting remote afterloader units, teletherapy units, or gamma stereotactic radiosurgery units in accordance with an active investigational device exemption (IDE) application accepted by the U.S. Food and Drug Administration (FDA) provided the requirements in paragraph (1) of Rule 0400-20-07-.22 are met.

(2) A licensee may only use photon-emitting remote afterloader units, teletherapy units, or gamma stereotactic radiosurgery units:

(a) Approved in the Sealed Source and Device Registry to deliver a therapeutic dose for medical use. These devices may be used for therapeutic medical treatments that are not explicitly provided for in the Sealed Source and Device Registry, but such devices must be used in accordance with radiation safety conditions and limitations described in the Sealed Source and Device Registry; or (b) In research in accordance with an active IDE application accepted by the FDA, provided the requirements of paragraph (1) of Rule 0400-20-07-.22 are met.

History

Authority: T. C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.64 SURVEYS OF PATIENTS AND HUMAN RESEARCH SUBJECTS TREATED WITH A

REMOTE AFTERLOADER UNIT.

(1) Before releasing a patient or a human research subject from licensee control, a licensee shall survey the patient or the human research subject and the remote afterloader unit with a portable radiation detection survey instrument to confirm that the source(s) has been removed from the patient or human research subject and returned to the safe shielded position.

(2) A licensee shall retain a record of these surveys in accordance with Rule 0400-20-07-.97.

History

Authority: T. C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.65 INSTALLATION, MAINTENANCE, ADJUSTMENT, AND REPAIR

(1) Only a person specifically licensed by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State shall install, maintain, adjust, or repair a remote afterloader unit, teletherapy unit, or gamma stereotactic radiosurgery unit that involves work on the source(s) shielding, the source(s) driving unit, or other electronic or mechanical component that could expose the source(s), reduce the shielding around the source(s), or compromise the radiation safety of the unit or the source(s).

(2) Except for low dose-rate remote afterloader units, only a person specifically licensed by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State shall install, replace, relocate, or remove a sealed source or source contained in other remote afterloader units, teletherapy units, or gamma stereotactic radiosurgery units.

(3) For a low dose-rate remote afterloader unit, only a person specifically licensed by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State or an authorized medical physicist shall install, replace, relocate, or remove a sealed source(s) contained in the unit.

(4) A licensee shall retain a record of the installation, maintenance, adjustment, and repair of remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units in accordance with Rule 0400-20-07-.101.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.66 until the licensee no longer possesses the remote afterloader, teletherapy unit, or gamma stereotactic radiosurgery unit.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.67 SAFETY PRECAUTIONS FOR REMOTE AFTERLOADER UNITS, TELETHERAPY

UNITS, AND GAMMA STEREOTACTIC RADIOSURGERY UNITS.

(1) A licensee shall control access to the treatment room by a door at each entrance.

(2) A licensee shall equip each entrance to the treatment room with an electrical interlock system that will:

(a) Prevent the operator from initiating the treatment cycle unless each treatment room entrance door is closed;

(b) Cause the source(s) to be shielded when an entrance door is opened; and (c) Prevent the source(s) from being exposed following an interlock interruption until all treatment room entrance doors are closed and the source(s) on-off control is reset at the console.

(3) A licensee shall require any individual entering the treatment room to assure, through the use of appropriate radiation monitors, that radiation levels have returned to ambient levels.

(4) Except for low-dose remote afterloader units, a licensee shall construct or equip each treatment room with viewing and intercom systems to permit continuous observation of the patient or the human research subject from the treatment console during irradiation.

(5) For licensed activities where sources are placed within the patient’s or human research subject’s body, a licensee shall only conduct treatments which allow for expeditious removal of a decoupled or jammed source.

(6) In addition to the requirements specified in paragraphs (1) through (5) of this rule, a licensee shall:

(a) For low dose-rate, medium dose-rate, and pulsed dose-rate remote afterloader units, require:

An authorized medical physicist and either an authorized user or a physician, under the supervision of an authorized user, who has been trained in the operation and emergency response for the unit to be physically present during the initiation of all patient treatments involving the unit; and 2. An authorized medical physicist and either an authorized user or an individual, under the supervision of an authorized user, who has been trained to remove the source applicator(s) in the event of an emergency involving the unit, to be immediately available during continuation of all patient treatments involving the unit.

(b) For high dose-rate remote afterloader units, require:

An authorized user and an authorized medical physicist to be physically present during the initiation of all patient treatments involving the unit; and 2. An authorized medical physicist and either an authorized user or a physician, under the supervision of an authorized user, who has been trained in the operation and emergency response for the unit, to be physically present during continuation of all patient treatments involving the unit.

(c) For gamma stereotactic radiosurgery units, require an authorized user and an authorized medical physicist to be physically present throughout all patient treatments involving the unit.

(d) Notify the radiation safety officer, or their designee, and an authorized user as soon as possible if the patient or human research subject has a medical emergency or dies.

(7) A licensee shall have emergency response equipment available near each treatment room to respond to a source that inadvertently:

(a) Remains in the unshielded position; or (b) Lodges within the patient following completion of the treatment.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.68 DOSIMETRY EQUIPMENT

(1) Except for low dose-rate remote afterloader sources where the source output or activity is determined by the manufacturer, a licensee shall have a calibrated dosimetry system available for use. To satisfy this requirement, one of the following two conditions must be met:

(a) The system must have been calibrated using a system or source traceable to the National Institute of Science and Technology (NIST) and published protocols accepted by nationally recognized bodies; or by a calibration laboratory accredited by the American Association of Physicists in Medicine (AAPM). The calibration must have been performed within the previous 2 years and after any servicing that may have affected system calibration; or (b) The system must have been calibrated within the previous 4 years. 18 to 30 months aft er that calibration, the system must have been intercompared with another dosimetry system that was calibrated within the past 24 months by NIST or by a calibration laboratory accredited by the AAPM. The results of the intercomparison must have indicated that the calibration factor of the licensee’s system had not changed by more than 2 percent. A licensee may not use the intercomparison result to change the calibration factor. When intercomparing dosimetry systems to be used for calibrating sealed sources for therapeutic units, the licensee shall use a comparable unit with beam attenuators or collimators, as applicable, and sources of the same radionuclide as the source used at the licensee’s facility.

(2) A licensee shall have available for use a dosimetry system available for use for spot-check output measurements, if applicable. To satisfy this requirement, the system may be compared with a system that has been calibrated in accordance with paragraph (1) of this

rule. This comparison must have been performed within the previous year and after each servicing that may have affected system calibration. The spot-check system may be the same system used to meet the requirement in paragraph (1) of this rule.

(3) A licensee shall retain a record of each calibration, intercomparison, and comparison in accordance with Rule 0400-20-07-.103.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.69 FULL CALIBRATION MEASUREMENTS ON TELETHERAPY UNITS

(1) A licensee authorized to use a teletherapy unit for medical use shall perform full calibration measurements on each teletherapy unit:

(a) Before the first medical use of the unit; and (b) Before medical use under the following conditions:

Whenever spot-check measurements indicate that the output differs by more than 5 percent from the output obtained at the last full calibration corrected mathematically for radioactive decay;
Following replacement of the source or following reinstallation of the teletherapy unit in a new location;
Following any repair of the teletherapy unit that includes removal of the source or major repair of the components associated with the source exposure assembly; and (c) At intervals not exceeding 1 year.

(2) To satisfy the requirement of paragraph (1) of this rule, full calibration measurements must include determination of:

(a) The output within ±3 percent for the range of field sizes and for the distance or range of distances used for medical use;

(b) The coincidence of the radiation field and the field indicated by the light beam localizing device;

(d) Timer accuracy and linearity over the range of use;

(e) On-off error; and (f) The accuracy of all distance measuring and localization devices in medical use.

(3) A licensee shall use the dosimetry system described in paragraph (1) of Rule 0400-20-07-.68 to measure the output for one set of exposure conditions. The remaining radiation measurements required in subparagraph (2)(a) of this rule may be made using a dosimetry system that indicates relative dose rates.

(4) A licensee shall make full calibration measurements required by paragraph (1) of this rule in accordance with published protocols accepted by nationally recognized bodies.

(5) A licensee shall mathematically correct the outputs determined in subparagraph (2)(a) of this

rule for physical decay for intervals not exceeding 1 month for cobalt-60, 6 months for cesium-137, or at intervals consistent with 1 percent decay for all other nuclides.

(6) Full calibration measurements required by paragraph (1) of this rule and physical decay corrections required by paragraph (5) of this rule must be performed by the authorized medical physicist.

(7) A licensee shall retain a record of each calibration in accordance with Rule 0400-20-07-.104.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.70 FULL CALIBRATION MEASUREMENTS ON REMOTE AFTERLOADER UNITS

(1) A licensee authorized to use a remote afterloader unit for medical use shall perform full calibration measurements on each unit:

(a) Before the first medical use of the unit;

(b) Before medical use under the following conditions:

Following replacement of the source or following reinstallation of the unit in a new location outside the facility; and 2. Following any repair of the unit that includes removal of the source or major repair of the components associated with the source exposure assembly; and (c) At intervals not exceeding 1 calendar quarter for high dose-rate, medium dose-rate, and pulsed dose-rate remote afterloader units with sources whose half-life exceeds 75 days; and (d) At intervals not exceeding 1 year for low dose-rate remote afterloader units.

(2) To satisfy the requirement of paragraph (1) of this rule, full calibration measurements must include, as applicable, determination of:

(a) The output within ±5 percent;

(b) Source positioning accuracy to within ±1 millimeter;

(d) Length of the source transfer tubes;

(e) Timer accuracy and linearity over the typical range of use;

(f) Length of the applicators; and (g) Function of the source transfer tubes, applicators, and transfer tube-applicator interfaces.

(3) A licensee shall use the dosimetry system described in paragraph (1) of Rule 0400-20-07-.68 to measure the output.

(4) A licensee shall make full calibration measurements required by paragraph (1) of this rule in accordance with published protocols accepted by nationally recognized bodies.

(5) In addition to the requirements for full calibrations for low dose-rate remote afterloader units in paragraph (2) of this rule, a licensee shall perform an autoradiograph of the source(s) to verify inventory and source(s) arrangement at intervals not exceeding 1 calendar quarter.

(6) For low dose-rate remote afterloader units, a licensee may use measurements provided by the source manufacturer that are made in accordance with paragraphs (1) through (5) of this

rule.

(7) A licensee shall mathematically correct the outputs determined in subparagraph (2)(a) of this

rule for physical decay at intervals consistent with 1 percent physical decay.

(8) Full calibration measurements required by paragraph (1) of this rule and physical decay corrections required by paragraph (7) of this rule must be performed by the authorized medical physicist.

(9) A licensee shall retain a record of each calibration in accordance with Rule 0400-20-07-.104.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.71 FULL CALIBRATION MEASUREMENTS ON GAMMA STEREOTACTIC

RADIOSURGERY UNITS.

(1) A licensee authorized to use a gamma stereotactic radiosurgery unit for medical use shall perform full calibration measurements on each unit:

(a) Before the first medical use of the unit;

(b) Before medical use under the following conditions:

Whenever spot-check measurements indicate that the output differs by more than 5 percent from the output obtained at the last full calibration corrected mathematically for radioactive decay;
Following replacement of the sources or following reinstallation of the gamma stereotactic radiosurgery unit in a new location; and 3. Following any repair of the gamma stereotactic radiosurgery unit that includes removal of the sources or major repair of the components associated with the source assembly; and (c) At intervals not exceeding 1 year, with the exception that relative helmet factors need only be determined before the first medical use of a helmet and following any damage to a helmet.

(2) To satisfy the requirements of paragraph (1) of this rule, full calibration measurements must include determination of:

(a) The output within ±3 percent;

(b) Relative helmet factors;

(d) Timer accuracy and linearity over the range of use;

(e) On-off error;

(f) Trunnion centricity;

(g) Treatment table retraction mechanism, using backup battery power or hydraulic backups with the unit off;

(h) Helmet microswitches;

(i) Emergency timing circuits; and (j) Stereotactic frames and localizing devices (trunnions).

(4) A licensee shall make full calibration measurements required by paragraph (1) of this rule in accordance with published protocols accepted by nationally recognized bodies.

(5) A licensee shall mathematically correct the outputs determined in subparagraph (2)(a) of this

rule at intervals not exceeding 1 month for cobalt-60 and at intervals consistent with 1 percent physical decay for all other radionuclides.

(6) Full calibration measurements required by paragraph (1) of this rule and physical decay corrections required by paragraph (5) of this rule must be performed by the authorized medical physicist.

(7) A licensee shall retain a record of each calibration in accordance with Rule 0400-20-07-.104.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.72 PERIODIC SPOT-CHECKS FOR TELETHERAPY UNITS

(1) A licensee authorized to use teletherapy units for medical use shall perform output spotchecks on each teletherapy unit once in each calendar month that include determination of:

(a) Timer accuracy, and timer linearity over the range of use;

(b) On-off error;

(d) The accuracy of all distance measuring and localization devices used for medical use;

(e) The output for one typical set of operating conditions measured with the dosimetry system described in paragraph (2) of Rule 0400-20-07-.68; and (f) The difference between the measurement made in subparagraph (e) of this paragraph and the anticipated output, expressed as a percentage of the anticipated output (i.e., the value obtained at last full calibration corrected mathematically for physical decay).

(2) A licensee shall perform measurements required by paragraph (1) of this rule in accordance with written procedures established by the authorized medical physicist. That individual need not actually perform the spot-check measurements.

(3) A licensee shall have the authorized medical physicist review the results of each spot-check within 15 days. The authorized medical physicist shall promptly notify the licensee as soon as possible in writing of the results of each spot-check.

(4) A licensee authorized to use a teletherapy unit for medical use shall perform safety spotchecks of each teletherapy facility once in each calendar month and after each source installation to assure proper operation of:

(a) Electrical interlocks at each teletherapy room entrance;

(b) Electrical or mechanical stops installed for the purpose of limiting use of the primary beam of radiation (restriction of source housing angulation or elevation, carriage or stand travel and operation of the beam on-off mechanism);

(d) Viewing and intercom systems;

(e) Treatment room doors from inside and outside the treatment room; and (f) Electrically assisted treatment room doors with the teletherapy unit electrical power turned off.

(5) If the results of the checks required in paragraph (4) of this rule indicate the malfunction of any system, a licensee shall lock the control console in the off position and not use the unit except as may be necessary to repair, replace, or check the malfunctioning system.

(6) A licensee shall retain a record of each spot-check required by paragraphs (1) and (4) of this

rule, in accordance with Rule 0400-20-07-.105.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.73 PERIODIC SPOT-CHECKS FOR REMOTE AFTERLOADER UNITS

(1) A licensee authorized to use a remote afterloader unit for medical use shall perform spotchecks of each remote afterloader facility and on each unit:

(a) At the beginning of each day of use of a high dose-rate, medium dose-rate, or pulsed dose-rate remote afterloader unit;

(b) Before each patient treatment with a low dose-rate remote afterloader unit; and (c) After each source installation.

(2) A licensee shall have the authorized medical physicist establish written procedures for performing the spot-checks required in paragraph (1) of this rule. The authorized medical physicist need not actually perform the spot-check measurements.

(3) A licensee shall have the authorized medical physicist review the results of each spot-check within 15 days. The authorized medical physicist shall notify the licensee as soon as possible in writing of the results of each spot-check.

(4) To satisfy the requirements of paragraph (1) of this rule, spot-checks must, at a minimum, assure proper operation of:

(a) Electrical interlocks at each remote afterloader unit room entrance;

(b) Source exposure indicator lights on the remote afterloader unit, on the control console, and in the facility;

(c) Viewing and intercom systems in each high dose-rate, medium dose-rate, and pulsed dose-rate remote afterloader facility;

(d) Emergency response equipment;

(e) Radiation monitors used to indicate the source position;

(f) Timer accuracy;

(g) Clock (date and time) in the unit’s computer; and (h) Decayed source(s) activity in the unit’s computer.

(6) A licensee shall retain a record of each check required by paragraph (4) of this rule in accordance with 0400-20-07-.106.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.74 PERIODIC SPOT-CHECKS FOR GAMMA STERIOTACTIC RADIOSURGERY UNITS

(1) A licensee authorized to use a gamma stereotactic radiosurgery unit for medical use shall perform spot-checks of each gamma stereotactic radiosurgery facility and on each unit:

(a) Monthly;

(b) At the beginning of each day of use; and (c) After each source installation.

(2) A licensee shall have the authorized medical physicist:

(a) Establish written procedures for performing the spot-checks required in paragraph (1) of this rule; and (b) Review the results of each spot-check required by paragraph (1) of this rule within 15 days of the check. The authorized medical physicist need not actually perform the spotcheck measurements. The authorized medical physicist shall notify the licensee as soon as possible, in writing, of the results of the spot check.

(3) To satisfy the requirements of subparagraph (1)(a) of this rule, spot-checks must, at a minimum:

(a) Assure proper operation of:

Treatment table retraction mechanism, using backup battery power or hydraulic backups with the unit off;
Helmet microswitches;
Emergency timing circuits; and 4. Stereotactic frames and localizing devices (trunnions).

(b) Determine:

The output for one typical set of operating conditions measured with the dosimetry system described in paragraph (2) of Rule 0400-20-07-.68;
The difference between the measurement made in part 1 of this subparagraph and the anticipated output, expressed as a percentage of the anticipated output (i.e., the value obtained at last full calibration corrected mathematically for physical decay);
Source output against computer calculation;
Timer accuracy and linearity over the range of use;
On-off error; and 6. Trunnion centricity.

(4) To satisfy the requirements of subparagraphs (1)(b) and (c) of this rule, spot-checks must assure proper operation of:

(a) Electrical interlocks at each gamma stereotactic radiosurgery room entrance;

(b) Source exposure indicator lights on the gamma stereotactic radiosurgery unit, on the control console, and in the facility;

(d) Timer termination;

(e) Radiation monitors used to indicate room exposures; and (f) Emergency off buttons.

(5) A licensee shall arrange for the repair of any system identified in paragraph (3) of this rule that is not operating properly as soon as possible.

(6) If the results of the checks required in paragraph (4) of this rule indicate the malfunction of any system, a licensee shall lock the control console in the off position and not use the unit except as may be necessary to repair, replace, or check the malfunctioning system.

(7) A licensee shall retain a record of each check required by paragraphs (3) and (4) of this rule in accordance with 0400-20-07-.107.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.75 ADDITIONAL TECHNICAL REQUIREMENTS FOR MOBILE REMOTE

AFTERLOADER UNITS.

(1) A licensee providing mobile remote afterloader service shall:

(a) Check survey instruments before medical use at each address of use or on each day of use, whichever is more frequent; and (b) Account for all sources before departure from a client’s address of use.

(2) In addition to the periodic spot-checks required by Rule 0400-20-07-.73, a licensee authorized to use mobile afterloaders for medical use shall perform checks on each remote afterloader unit before use at each address of use. At a minimum, checks must be made to verify the operation of:

(a) Electrical interlocks on treatment area access points;

(b) Source exposure indicator lights on the remote afterloader unit, on the control console, and in the facility;

(d) Applicators, source transfer tubes, and transfer tube-applicator interfaces;

(e) Radiation monitors used to indicate room exposures;

(f) Source positioning (accuracy); and (g) Radiation monitors used to indicate whether the source has returned to a safe shielded position.

(3) In addition to the requirements for checks in paragraph (2) of this rule, a licensee shall ensure overall proper operation of the remote afterloader unit by conducting a simulated cycle of treatment before use at each address of use.

(4) If the results of the checks required in paragraph (2) of this rule indicate the malfunction of any system, a licensee shall lock the control console in the off position and not use the unit except as may be necessary to repair, replace, or check the malfunctioning system.

(5) A licensee shall retain a record of each check required by paragraph (2) of this rule in accordance with Rule 0400-20-07-.108.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.76 RADIATION SURVEYS

(1) In addition to the survey requirement in Rule 0400-20-05-.70, a person licensed under this

Chapter shall make surveys to ensure that the maximum radiation levels and average radiation levels from the surface of the main source safe with the source(s) in the shielded position do not exceed the levels stated in the sealed source and device registry.

(2) A licensee shall make the survey required by paragraph (1) of this rule at installation of a new source and following repairs to the source(s) shielding, the source(s) driving unit, or other electronic or mechanical component that could expose the source, reduce the shielding round the source(s), or compromise the radiation safety of the unit or the source(s).

(3) A licensee shall retain a record of the radiation surveys required by paragraph (1) of this rule in accordance with Rule 0400-20-07-.109.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.77 FULL-INSPECTION SERVICING FOR TELETHERAPY AND GAMMA

STEREOTACTIC RADIOSURGERY UNITS.

(1) A licensee shall have each teletherapy unit and gamma stereotactic radiosurgery unit fully inspected and serviced during source replacement to assure proper functioning of the source exposure mechanism and other safety components. The interval between each fullinspection servicing shall not exceed five years for each teletherapy unit and shall not exceed seven years for each gamma stereotactic radiosurgery unit.

(2) This inspection and servicing may only be performed by persons specifically licensed to do so by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State.

(3) A licensee shall keep a record of the inspection and servicing in accordance with Rule 0400- 20-07-.110.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.78 THERAPY-RELATED COMPUTER SYSTEMS

(1) A licensee shall perform or shall verify and maintain documentation of acceptance testing on the treatment planning system in accordance with published protocols accepted by nationally recognized bodies. At a minimum, the acceptance testing must include, as applicable, verification of:

(a) The source-specific input parameters required by the dose calculation algorithm;

(b) The accuracy of dose, dwell time, and treatment time calculations at representative points;

(d) The accuracy of the software used to determine sealed source positions from radiographic images; and (e) The accuracy of electronic transfer of the treatment delivery parameters to the treatment delivery unit from the treatment planning system.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.79 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.80 TRAINING FOR USE OF REMOTE AFTERLOADER UNITS, TELETHERAPY UNITS,

AND GAMMA STEREOTACTIC RADIOSURGERY UNITS.

(1) Except as provided in Rule 0400-20-07-.26, a licensee shall require an authorized user of a sealed source for a use authorized under Rule 0400-20-07-.63 to be a physician who:

(a) Is certified by a medical specialty board whose certification process has been recognized by the Division, the U.S. Nuclear Regulatory Commission, or an Agreement State and who meets the requirements in subparagraph (c) of this paragraph. The names of board certifications that have been recognized by the U.S. Nuclear Regulatory Commission or an Agreement State are posted on the U.S. Nuclear Regulatory Commission’s Medical Uses Licensee Toolkit Web page. To have its certification process recognized, a specialty board shall require all candidates for certification to:

Successfully complete a minimum of three years of residency training in a radiation therapy program approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education or Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association; and 2. Pass an examination, administered by diplomates of the specialty board, that tests knowledge and competence in radiation safety, radionuclide handling, treatment planning, quality assurance, and clinical use of stereotactic radiosurgery, remote afterloaders, and external beam therapy; or (b) 1. Has completed a structured educational program in basic radionuclide techniques applicable to the use of a sealed source in a therapeutic medical unit that includes:

(i) 200 hours of classroom and laboratory training in the following areas:

(I) Radiation physics and instrumentation;

(II) Radiation protection;

(III) Mathematics pertaining to the use and measurement of radioactivity; and (IV) Radiation biology; and (ii) 500 hours of work experience, under the supervision of an authorized user who meets the requirements in this rule, Rule 0400-20-07-.26, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements at a medical facility that is authorized to use radioactive materials in Rule 0400-20-07-.63, involving:

(I) Reviewing full calibration measurements and periodic spot-checks;

(II) Preparing treatment plans and calculating treatment doses and times;

(III) Using administrative controls to prevent a misadministration involving the use of radioactive material;

(IV) Implementing emergency procedures to be followed in the event of the abnormal operation of the medical unit or console;

(V) Checking and using survey meters; and (VI) Selecting the proper dose and how it is to be administered; and 2. Has completed three years of supervised clinical experience in radiation therapy, under an authorized user who meets the requirements in this rule, Rule 0400-20- 07-.26, or equivalent U.S. Nuclear Regulatory Commission or Agreement State requirements, as part of a formal training program approved by the Residency Review Committee for Radiation Oncology of the Accreditation Council for Graduate Medical Education or Royal College of Physicians and Surgeons of Canada or the Council on Postdoctoral Training of the American Osteopathic Association. This experience may be obtained concurrently with the supervised work experience required by subpart 1(ii) of this subparagraph; and 3. Has obtained written attestation that the individual has satisfactorily completed the requirements of part (a)1 of this paragraph, parts 1 and 2 of this subparagraph, and subparagraph (c) of this paragraph and is able to independently fulfill the radiation safety-related duties as an authorized user of each type of therapeutic medical unit for which the individual is requesting authorized user status. The attestation must be obtained from either:

(i) A preceptor authorized user who meets the requirements of this rule,

Rule 0400-20-07-.26, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements for an authorized user for each type(s) of therapeutic medical unit for which the individual is requesting authorized user status; or (ii) A residency program director who affirms in writing that the attestation represents the consensus of the residency program faculty where at least one faculty member is an authorized user who meets the requirements of this rule, Rule 0400-20-07-.26, or equivalent Agreement State or U.S. Nuclear Regulatory Commission requirements, for the type(s) of therapeutic medical unit for which the individual is requesting user status, and who concurs with the attestations provided by the residency program director. The residency training program must be approved by the Residency Review Committee of the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, or the Council on Postdoctoral Training of the American Osteopathic Association and must include training and experience specified in parts 1 and 2 of this subparagraph; and (c) Has received training in device operation, safety procedures, and clinical use for the type(s) of use for which authorization is sought. This training requirement may be satisfied by satisfactory completion of a training program provided by the vendor for new users or by receiving training supervised by an authorized user or authorized medical physicist, as appropriate, who is authorized for the type(s) of use for which the individual is seeking authorization.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.81 OTHER MEDICAL USES OF RADIOACTIVE MATERIAL OR RADIATION FROM

RADIOACTIVE MATERIAL.

(1) A licensee may use radioactive material or a radiation source approved for medical use that is not specifically addressed in this rule if:

(a) The applicant or licensee has submitted the information required by paragraphs (2), (3), and (4) of Rule 0400-20-07-.11; and (b) The applicant or licensee has received written approval from the Division in a license or license amendment and uses the material in accordance with the regulations and specific conditions the Division considers necessary for the medical use of the material.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.82 RECORDS OF AUTHORITY AND RESPONSIBILITIES FOR RADIATION

PROTECTION PROGRAMS.

(1) A licensee shall retain a record of actions taken by the licensee’s management in accordance with paragraph (1) of Rule 0400-20-07-.17 for five years. The record must include a summary of the actions taken and a signature of licensee management.

(2) A licensee shall retain a copy of both authority, duties, and responsibilities of the radiation safety officer as required by paragraph (5) of Rule 0400-20-07-.17, and a signed copy of each radiation safety officer’s agreement to be responsible for implementing the radiation safety program, as required by paragraph (2) of Rule 0400-20-07-.17. The records must include the signature of the radiation safety officer and licensee management.

(3) The minutes of each Radiation Safety Committee meeting held in accordance with paragraph (8) of Rule 0400-20-07-.17 shall include:

(a) The date of the meeting;

(b) Members present;

(4) For each associate radiation safety officer appointed under paragraph (2) of Rule 0400-20- 07-.17, the licensee shall retain, for five years after the associate radiation safety officer is removed from the license, a copy of the written document appointing the associate radiation safety officer signed by the licensee’s management.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.83 RECORDS OF RADIATION PROTECTION PROGRAM CHANGES

A licensee shall retain a record of each radiation protection program change made in accordance with paragraph (1) of Rule 0400-20-07-.18 for 5 years. The record must include a copy of the old and new procedures; the effective date of the change; and the signature of the licensee management that reviewed and approved the change.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.84 RECORDS OF WRITTEN DIRECTIVES

A licensee shall retain a copy of each written directive as required by Rule 0400-20-07-.20 for 3 years.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.85 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.86 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.87 RECORDS OF CALIBRATIONS OF INSTRUMENTS USED TO MEASURE THE

ACTIVITY OF UNSEALED RADIOACTIVE MATERIAL.

A licensee shall maintain a record of instrument calibrations required by Rule 0400-20-07-.28 for 3 years.

The records must include the model and serial number of the instrument, the date of the calibration, the results of the calibration, and the name of the individual who performed the calibration.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.88 RECORDS OF SURVEY INSTRUMENT CALIBRATIONS

A licensee shall maintain a record of radiation survey instrument calibrations required by Rule 0400-20- 07-.29 for 3 years. The record must include the model and serial number of the instrument, the date of the calibration, the results of the calibration, and the name of the individual who performed the calibration.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.89 RECORDS OF DOSAGES OF UNSEALED RADIOACTIVE MATERIAL FOR

MEDICAL USE.

A licensee shall maintain a record of dosage determinations required by Rule 0400-20-07-.30 for 3 years.

The record must contain the radioactive drug; the patient’s or human research subject’s name, or identification number if one has been assigned; prescribed dosage; the determined dosage, or a notation that the total activity is less than 1.1 megabecquerel (30 μCi); the date and time of the dosage determination; and the name of the individual who determined the dosage.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.90 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.91 RECORDS OF SURVEYS FOR AMBIENT RADIATION EXPOSURE RATE

A licensee shall retain a record of each survey required by Rule 0400-20-07-.34 for 3 years. The record must include the date of the survey, the results of the survey, the instrument used to make the survey, and the name of the individual who performed the survey.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.92 RECORDS OF THE RELEASE OF INDIVIDUALS CONTAINING UNSEALED

RADIOACTIVE MATERIAL OR IMPLANTS CONTAINING RADIOACTIVE MATERIAL.

(1) A licensee shall retain a record, signed by the authorized user, of the basis for authorizing the release of an individual, for 3 years after the date of release.

(2) A licensee shall retain a record, for 3 years after the date of release, that the instructions required by paragraph (2) of Rule 0400-20-07-.35 were provided to a breast-feeding woman.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.93 RECORDS OF MOBILE MEDICAL SERVICES

(1) A licensee shall retain a copy of each letter that permits the use of radioactive material at a client’s address, as required by subparagraph (1)(a) of Rule 0400-20-07-.36, Each letter must clearly delineate the authority and responsibility of the licensee and the client and must be retained for 3 years after the last provision of service.

(2) A licensee shall retain the record of each survey required by subparagraph (1)(d) of Rule

Tenn. Comp. R. & Regs. 0400-20-07-.94 RECORDS OF DECAY-IN-STORAGE

A licensee shall maintain records of the disposal of licensed materials, as required by Rule 0400-20-07- .37, for 3 years. The record must include the date of the disposal, the survey instrument used, the background radiation level, the radiation level measured at the surface of each waste container, and the name of the individual who performed the survey.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.95 RECORDS OF RADIONUCLIDE CONTAMINANTS

A licensee shall maintain a record of the radionuclide contaminant concentration tests required by Rule

Tenn. Comp. R. & Regs. 0400-20-07-.96 RECORDS OF SAFETY INSTRUCTION AND TRAINING

A licensee shall maintain a record of safety instructions and training required by Rules 0400-20-07-.45,

Tenn. Comp. R. & Regs. 0400-20-07-.97 RECORDS OF RADIATION SURVEYS OF PATIENTS AND HUMAN RESEARCH

SUBJECTS.

A licensee shall maintain a record of the surveys required by Rules 0400-20-07-.52 and 0400-20-07-.64 for 3 years. Each record must include the date and results of the survey, the survey instrument used, and the name of the individual who made the survey.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.98 RECORDS OF BRACHYTHERAPY SOURCE ACCOUNTABILITY

(1) A licensee shall maintain a record of brachytherapy source accountability required by Rule

Tenn. Comp. R. & Regs. 0400-20-07-.99 RECORDS OF CALIBRATION MEASUREMENTS OF BRACHYTHERAPY

SOURCES.

A licensee shall maintain a record of the calibrations of brachytherapy sources required by Rule 0400-20- 07-.56 for 3 years after the last use of the source. The record must include the date of the calibration; the manufacturer’s name, model number, and serial number for the source and the instruments used to calibrate the source; the source output or activity; the source positioning accuracy within the applicators; and the signature of the authorized medical physicist.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.100 RECORDS OF DECAY OF STRONTIUM-90 SOURCES FOR OPHTHALMIC

TREATMENTS.

A licensee shall maintain a record of the activity of a strontium-90 source required by Rule 0400-20-07- .56 for the life of the source. The record must include the date and initial activity of the source as determined under Rule 0400-20-07-.56, and for each decay calculation, the date, the source activity, and the signature of the authorized medical physicist.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.101 RECORDS OF INSTALLATION, MAINTENANCE, ADJUSTMENT, AND REPAIR OF

REMOTE AFTERLOADER UNITS, TELETHERAPY UNITS, AND GAMMA STEREOTACTIC

RADIOSURGERY UNITS.

A licensee shall retain a record of the installation, maintenance, adjustment, and repair of remote afterloader units, teletherapy units, and gamma stereotactic radiosurgery units as required by Rule 0400- 20-07-.65 for 3 years. For each installation, maintenance, adjustment and repair, the record must include the date, description of the service, and name(s) of the individual(s) who performed the work.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.102 RECORDS OF SAFETY PROCEDURES

A licensee shall retain a copy of the procedures required by subparagraphs (1)(d) and (4)(b) of Rule

Tenn. Comp. R. & Regs. 0400-20-07-.103 RECORDS OF DOSIMETRY EQUIPMENT

(1) A licensee shall retain a record of the calibration, intercomparison, and comparisons of its dosimetry equipment done in accordance with Rule 0400-20-07-.68 for the duration of the license.

(2) For each calibration, intercomparison, or comparison, the record must include:

(a) The date;

(b) The manufacturer’s name, model numbers and serial numbers of the instruments that were calibrated, intercompared, or compared as required by paragraphs (1) and (2) of

Rule 0400-20-07-.68;

(c) The correction factor that was determined from the calibration or comparison or the apparent correction factor that was determined from an intercomparison; and (d) The names of the individuals who performed the calibration, intercomparison, or comparison.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.104 RECORDS OF TELETHERAPY, REMOTE AFTERLOADER, AND GAMMA

STEREOTACTIC RADIOSURGERY FULL CALIBRATIONS.

(1) A licensee shall maintain a record of the teletherapy unit, remote afterloader unit, and gamma stereotactic radiosurgery unit full calibrations required by Rules 0400-20-07-.69, 0400-20-07- .70, and 0400-20-07-.71 for 3 years.

(2) The record must include:

(a) The date of the calibration;

(b) The manufacturer’s name, model number, and serial number of the teletherapy, remote afterloader, and gamma stereotactic radiosurgery unit(s), the source(s), and the instruments used to calibrate the unit(s);

(d) The results of the autoradiograph required for low dose-rate remote afterloader units; and (e) The signature of the authorized medical physicist who performed the full calibration.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.105 RECORDS OF PERIODIC SPOT-CHECKS FOR TELETHERAPY UNITS

(1) A licensee shall retain a record of each periodic spot-check for teletherapy units required by

Rule 0400-20-07-.72 for 3 years.

(2) The record must include:

(a) The date of the spot-check;

(b) The manufacturer’s name, model number, and serial number of the teletherapy unit, source and instrument used to measure the output of the teletherapy unit;

(d) The calculated on-off error;

(e) A determination of the coincidence of the radiation field and the field indicated by the light beam localizing device;

(f) The determined accuracy of each distance measuring and localization device;

(g) The difference between the anticipated output and the measured output;

(h) Notations indicating the operability of each entrance door electrical interlock, each electrical or mechanical stop, each source exposure indicator light, and the viewing and intercom system and doors; and (i) The name of the individual who performed the periodic spot-check and the signature of the authorized medical physicist who reviewed the record of the spot-check.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.106 RECORDS OF PERIODIC SPOT-CHECKS FOR REMOTE AFTERLOADER UNITS

(1) A licensee shall retain a record of each spot-check for remote afterloader units required by

Rule 0400-20-07-.73 for 3 years.

(2) The record must include, as applicable:

(a) The date of the spot-check;

(b) The manufacturer’s name, model number, and serial number for the remote afterloader unit and source;

(d) Notations indicating the operability of each entrance door electrical interlock, radiation monitors, source exposure indicator lights, viewing and intercom systems, and clock and decayed source activity in the unit’s computer; and (e) The name of the individual who performed the periodic spot-check and the signature of the authorized medical physicist who reviewed the record of the spot-check.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.107 RECORDS OF PERIODIC SPOT-CHECKS FOR GAMMA STEREOTACTIC

RADIOSURGERY UNITS.

(1) A licensee shall retain a record of each spot-check for gamma stereotactic radiosurgery units required by Rule 0400-20-07-.74 for 3 years.

(2) The record must include:

(a) The date of the spot-check;

(b) The manufacturer’s name, model number, and serial number for the gamma stereotactic radiosurgery unit and the instrument used to measure the output of the unit;

(d) The calculated on-off error;

(e) A determination of trunnion centricity;

(f) The difference between the anticipated output and the measured output;

(g) An assessment of source output against computer calculations;

(h) Notations indicating the operability of radiation monitors, helmet microswitches, emergency timing circuits, emergency off buttons, electrical interlocks, source exposure indicator lights, viewing and intercom systems, timer termination, treatment table retraction mechanism, and stereotactic frames and localizing devices (trunnions); and (i) The name of the individual who performed the periodic spot-check and the signature of the authorized medical physicist who reviewed the record of the spot-check.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.108 RECORDS OF ADDITIONAL TECHNICAL REQUIREMENTS FOR MOBILE

REMOTE AFTERLOADER UNITS.

(1) A licensee shall retain a record of each check for mobile remote afterloader units required by

Rule 0400-20-07-.75 for 3 years.

(2) The record must include:

(a) The date of the check;

(b) The manufacturer’s name, model number, and serial number of the remote afterloader unit;

(d) Notations indicating the operability of each entrance door electrical interlock, radiation monitors, source exposure indicator lights, viewing and intercom system, applicators, source transfer tubes, and transfer tube applicator interfaces, and source positioning accuracy; and (e) The signature of the individual who performed the check.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.109 RECORDS OF SURVEYS OF THERAPEUTIC TREATMENT UNITS

(1) A licensee shall maintain a record of radiation surveys of treatment units made in accordance with Rule 0400-20-07-.76 for the duration of use of the unit.

(2) The record must include:

(a) The date of the measurements;

(b) The manufacturer’s name, model number and serial number of the treatment unit, source, and instrument used to measure radiation levels;

(c) Each dose rate measured around the source while the unit is in the off position and the average of all measurements; and (d) The signature of the individual who performed the test.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.110 RECORDS OF FULL-INSPECTION FOR TELETHERAPY AND GAMMA

STEREOTACTIC RADIOSURGERY UNITS.

(1) A licensee shall maintain a record of the full-inspection servicing for teletherapy and gamma stereotactic radiosurgery units required by Rule 0400-20-07-.77 for the duration of use of the unit.

(2) The record must contain:

(a) The inspector’s radioactive materials license number;

(b) The date of inspection;

(d) A list of components inspected and serviced, and the type of service; and (e) The signature of the inspector.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-07-.111 RECORDS OF LEAK TESTS AND INVENTORY OF SEALED SOURCES AND

BRACHYTHERAPY SOURCES.

(1) A licensee shall retain records of leak tests required by paragraph (2) of Rule 0400-20-07-.32 for 3 years. The records must include the model number, and serial number if one has been assigned, of each source tested; the identity of each source by radionuclide and its estimated activity; the results of the test; the date of the test; and the name of the individual who performed the test.

(2) A licensee shall retain records of the semi-annual physical inventory of sealed sources and brachytherapy sources required by paragraph (5) of Rule 0400-20-07-.32 for 3 years. The inventory records must contain the model number of each source, and serial number if one has been assigned, the identity of each source by radionuclide and its nominal activity, the location of each source, and the name of the individual who performed the inventory.

History

Authority: T. C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.112 RECORDS FOR PROCEDURES FOR ADMINISTRATIONS REQUIRING A

WRITTEN DIRECTIVE.

A licensee shall retain a copy of the procedures required by paragraph (1) of Rule 0400-20-07-.21 for the duration of the license.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.113 REPORT OF A LEAKING SOURCE

A licensee shall file a report within 5 days if a leak test required by Rule 0400-20-07-.32 reveals the presence of 185 Bq (0.005 μCi) or more of removable contamination. The report must be filed with the Division, and sent to the Division at the address listed in subparagraph (1)(c) of Rule 0400-20-04-.07. The written report must include the model number and serial number if assigned, of the leaking source; the radionuclide and its estimated activity; the results of the test; the date of the test; and the action taken.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-07-.114 REPORT AND NOTIFICATION FOR AN ELUATE EXCEEDING PERMISSIBLE

MOLYBDENUM-99, STRONTIUM-82, AND STRONTIUM-85 CONCENTRATIONS.

(1) The licensee shall notify by telephone the Division and the distributor of the generator within seven calendar days after discovery that an eluate exceeded the permissible concentration listed in paragraph (1) of Rule 0400-20-07-.41 at the time of generator elution. The telephone report to the Division must include:

(a) The name of the manufacturer;

(b) The model number and serial number (or lot number) of the generator;

(d) The date of the measurement;

(e) Whether dosages were administered to patients or human research subjects, when the distributor was notified; and (f) The action taken.

(2) By an appropriate method listed in Rule 0400-20-04-.07, the licensee shall submit a written report to the Division within 30 calendar days after discovery of an eluate exceeding the permissible concentration at the time of generator elution. The written report must include the:

(a) Action taken by the licensee;

(b) Patient dose assessment;

(d) Probable cause and an assessment of failure in the licensee's equipment, procedures, or training that contributed to the excessive readings if an error occurred in the licensee's breakthrough determination; and (e) Information in the telephone report as required by paragraph (1) of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rule filed December 4, 2023; effective March 3, 2024.

Chapter 0400-20-08 Radiation Safety Requirements for Industrial Radiography (Transferred from 1200-02-08 which was repealed)

Tenn. Comp. R. & Regs. 0400-20-08-.01 PURPOSE

This Chapter establishes requirements for the use of sources of radiation for industrial radiography operations. Except for the requirements of this Chapter clearly applicable only to devices employing sealed radioactive sources, e.g., paragraphs (1) and (5) of Rule 0400-20-08-.04, both radiation machines and sealed radioactive sources are covered by this Chapter. The provisions of this Chapter are in addition to and not in substitution for other applicable provisions of these regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-08-.02 SCOPE

The regulations in this Chapter apply to all licensees or registrants who use sources of radiation for industrial radiography. Nothing in this Chapter shall apply to the use of sources of radiation in the healing arts.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-08-.03 is that no registrant shall permit any individual to operate a cabinet radiography unit until such individual has:

(a) Received a copy of the operating procedures for the unit;

(b) Received instruction in the operating procedures;

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-08-.04 EQUIPMENT CONTROL

(1) Limits on levels of radiation from storage containers and source changers.

The maximum exposure rate limits for storage containers and source changers are 200 millirem (2 millisieverts) per hour at any exterior surface and 10 millirem (0.1 millisieverts) per hour at 1-meter from any exterior surface with the sealed source in the shielded position.

(2) Locking of radiographic exposure devices, storage containers and source changers:

(a) Each radiographic exposure device shall have a lock or outer locked container designed to prevent unauthorized or accidental production of radiation or removal of a sealed source from its shielded position. Each radiographic exposure device or storage container shall be kept locked (and if a keyed-lock, with the key removed at all times) when not under the direct surveillance of a radiographer or a radiographer’s assistant except at permanent radiographic installations as stated in paragraph (1) of Rule 0400- 20-08-.06. In addition, during radiographic operations a sealed source assembly shall be secured in the shielded position each time the source is returned to that position.

(b) Each sealed source storage container and source changer shall have a lock or outer locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position. Storage containers and source changers shall be kept locked (and if a keyed-lock, with the key removed at all times) when containing sealed sources except when under the direct surveillance of a radiographer or a radiographer’s assistant.

(3) Storage precautions:

(a) Locked radiographic exposure devices, source changers and storage containers shall be physically secured to prevent tampering with or removal by unauthorized persons.

(b) The licensee shall store licensed material in a manner that will minimize danger from explosion or fire.

(4) Radiation survey instruments:

(a) The licensee or registrant shall maintain sufficient calibrated and operable radiation survey instruments at each location where sources of radiation are present to make physical radiation surveys as required by this Chapter and Chapter 0400-20-05.

Instrumentation required by this paragraph shall have a range such that 2 millirems (0.02 millisieverts) per hour through 1 rem (0.01 sievert) per hour can be measured.

(b) Each radiation survey instrument shall be calibrated:

At energies appropriate for use and at intervals not to exceed 6 months and after each instrument servicing, except for battery changes.
Such that accuracy within plus or minus 20 percent can be demonstrated; and 3. For linear scale instruments, at 2 points located approximately one-third and twothirds of full scale on each scale; for logarithmic scale instruments, at mid-range of each decade and at 2 points of at least one decade; and for digital instruments, at 3 points between 2 and 1,000 millirems (0.02 and 10 millisieverts) per hour.

(c) In accordance with Rule 0400-20-08-.15, the licensee or registrant shall maintain records of calibrations, dates and results thereof for inspection by the Division for 3 years after the date of calibration.

(5) Leak testing, repairing, tagging, opening, modifying and replacing of sealed sources:

(a) The replacement of any sealed source fastened to or contained in a radiographic exposure device and leak testing, repair, tagging, opening or any other modification of any sealed source shall be performed only by persons specifically authorized to do so by the Division, the U.S. Nuclear Regulatory Commission, or any Agreement State.

(b) Each sealed source shall be tested for leakage at intervals not to exceed 6 months. In the absence of a certificate from a transferor that a test has been made within the 6 months prior to the transfer, the sealed source shall not be put into use until tested.

(c) The leak test shall be capable of detecting the presence of 0.005 microcurie of removable contamination on the sealed source. An acceptable leak test for sealed sources in the possession of a radiography licensee would be to test at the nearest accessible point to the sealed source storage position, or other appropriate measuring point, by a procedure to be approved pursuant to subparagraph (6)(e) of Rule 0400-20- 10-.13. Records of leak test results shall identify each sealed source and its container by serial number and shall be kept in units of microcuries or disintegrations per minute (dpm) and maintained for inspection by the Division for 3 years after the test is made.

(d) Any test conducted pursuant to subparagraphs (b) and (c) of this paragraph that reveals the presence of 0.005 microcurie or more of removable radioactive material shall be considered evidence that the sealed source is leaking. The licensee shall immediately withdraw the equipment involved from use and shall cause it to be decontaminated and repaired or to be disposed of in accordance with Division regulations. Two copies of a report shall be filed within 5 days after obtaining results of the test with the Division at the address provided in Rule 0400-20-04-.07, describing the equipment involved, the test results and the corrective action taken.

(e) A sealed source that is not fastened to or contained in a radiographic exposure device shall have permanently attached to it a durable tag at least 1 inch (2.54 centimeters) square bearing the conventional radiation caution symbol, as described in Chapter 0400-20-05, and at least the instructions:

“DANGER - RADIOACTIVE MATERIAL - DO NOT HANDLE –

NOTIFY CIVIL AUTHORITIES IF FOUND”

(f) Each exposure device using depleted uranium (DU) shielding and an ‘S’ tube configuration shall be tested for DU contamination at intervals not to exceed 12 months. The analysis shall be capable of detecting the presence of 185 Bq (0.005 microcuries) of radioactive material on the test sample and shall be performed by a person specifically authorized by the Division, the U.S. NRC or an Agreement State to perform the analysis.

Should such testing reveal the presence of 185 Bq (0.005 microcuries) or more of removable DU contamination, the exposure device shall be removed from use until an evaluation of the wear on the S-tube has been made. Should the evaluation reveal that the S-tube is worn through, the device may not be used again.
DU shielded devices do not have to be tested for DU contamination while in storage and not in use. Before using or transferring such a device however, the device shall be tested for DU contamination if the interval of storage exceeded 12 months.

(6) Quarterly inventory.

Each licensee or registrant shall conduct a quarterly physical inventory to account for all sources of radiation received and possessed by him. The records of the inventories shall be maintained for 3 years from the date of the inventory for inspection by the Division. The records shall include the quantities and kinds of radioactive material, location of all sources of radiation, and the date of inventory. Each sealed source and each radiographic exposure device shall be identified by serial number.

(7) Utilization logs.

(a) Each licensee or registrant shall maintain, at the address specified in the license or registration, current utilization logs showing for each source of radiation the following information:

A description (make, model and serial number) of each radiographic exposure device or transport or storage container in which the sealed source is located;
The identity and signature of the radiographer to whom assigned; and 3. The plant or site where used and dates of use, including the dates removed and returned to storage.

(b) In accordance with paragraph (7) Rule 0400-20-08-.04, the licensee shall retain the logs required by subparagraph (a) of this paragraph for inspection by the Division for 3 years after the log is made.

(8) Inspection and maintenance of radiographic exposure devices, source changers, transport and storage containers, associated equipment and survey instruments.

(a) The licensee shall perform visual and operability checks on survey meters, radiographic exposure devices, transport and storage containers, associated equipment and source changers prior to use each day the equipment is used to ensure that the equipment is in good working condition, that the sources are adequately shielded and that required labeling is present. Survey instrument operability shall be performed using check sources or other appropriate means. If equipment problems are found, the equipment shall be removed from service until repaired.

(b) The licensee shall have written procedures for:

Inspection and routine maintenance of radiographic exposure devices, source changers, associated equipment, transport and storage containers at intervals not to exceed 3 months, or before the first use thereafter, to assure proper functioning of components important to safety. If equipment problems are found, the equipment shall be removed from service until repaired.
Inspection and maintenance necessary to maintain the Type B packaging used to transport radioactive materials. The inspection and maintenance program shall include procedures to assure that Type B packages are shipped and maintained in accordance with the certificate of compliance or other approval.

(9) Permanent radiographic installations.

(a) Permanent radiographic installations having high radiation area entrance controls of the types described in Chapter 0400-20-05 shall also meet the special requirements in subparagraphs (b) and (c) of this paragraph.

(b) Each entrance that is used for personnel access to the high radiation area in a permanent radiographic installation shall have both visible and audible warning signals to warn of the presence of radiation. The visible signal shall be actuated by radiation whenever the source is exposed or a radiation area is generated. The audible signal shall be actuated when an attempt is made to enter the installation while the source is exposed or a radiation area is generated.

(c) The alarm system shall be tested for proper operation with a radiation source each day before the installation is used for radiographic operations. The test shall include a check of both the visible and audible signals. Entrance control devices that reduce the radiation level upon entry shall be tested monthly. If an entrance control device or an alarm is operating improperly, it shall be immediately labeled as defective and repaired within 7 calendar days. The facility may continue to be used during this seven-day period, provided the licensee implements the continuous surveillance requirements of paragraph (1) of Rule 0400-20-08-.06 and uses an alarming ratemeter. The licensee or registrant shall retain records of these tests for 3 years for inspection by the Division.

(10) Performance requirements for sealed source radiographic exposure devices and associated equipment. Equipment utilizing radioactive material used in industrial radiographic operations shall meet the following minimum criteria:

(a) Each radiographic exposure device and all associated equipment shall meet the requirements specified in American National Standard N432-1980 “Radiological Safety for the Design and Construction of Apparatus for Gamma Radiography,” (published as NBS Handbook 136, issued January 1981). This publication may be purchased from the American National Standards Institute, Inc., 25 West 43rd Street, New York, New York 10036; Telephone: (212) 642-4900. An applicant or licensee may submit engineering analyses to demonstrate the applicability of previously performed testing on similar individual radiography equipment components. Upon review, the Division may find this an acceptable alternative to actual testing of the component under the above referenced standard.

(b) In addition to the requirements specified in subparagraph (a) of this paragraph, the following requirements apply to radiographic exposure devices, source changers, source assemblies and sealed sources.

The licensee shall ensure that each radiographic exposure device has attached to it a durable, legible, clearly visible label bearing the:

(i) Chemical symbol and mass number of the radionuclide in the device;

(ii) Activity and the date on which this activity was last measured;

(iii) Model (or product code) and serial number of the sealed source;

(iv) Manufacturer’s identity of the sealed source; and (v) Licensee’s name, address and telephone number.

Radiographic exposure devices intended for use as Type B transport containers shall meet the applicable requirements of 10 CFR Part 71.
Modification of radiographic exposure devices, source changers, and source assemblies and associated equipment is prohibited, unless the design of any replacement component, including source holder, source assembly, controls or guide tubes would not compromise the design safety features of the system.

(c) In addition to the requirements specified in subparagraphs (a) and (b) of this paragraph, the following requirements apply to radiographic exposure devices, source assemblies and associated equipment that allow the source to be moved out of the device for radiographic operations or to source changers.

The coupling between the source assembly and the control cable shall be designed in such a manner that the source assembly will not become disconnected if cranked outside the guide tube. The coupling shall be such that it cannot be unintentionally disconnected under normal and reasonably foreseeable abnormal conditions.
The device shall automatically secure the source assembly when it is cranked back into the fully shielded position within the device. This securing system may only be released by means of a deliberate operation on the exposure device.
The outlet fittings, lock box and drive cable fittings on each radiographic exposure device shall be equipped with safety plugs or covers, which shall be installed during storage and transportation to protect the source assembly from water, mud, sand or other foreign matter.
(i) Each sealed source or source assembly shall have attached to it or engraved on it, a durable, legible, visible label with the words:

“CAUTION (or “DANGER”)-RADIOACTIVE.’’ (ii) The label may not interfere with the safe operation of the exposure device or associated equipment.

The guide tube shall be able to withstand a crushing test that closely approximates the crushing forces that are likely to be encountered during use, and be able to withstand a kinking resistance test that closely approximates the kinking forces that are likely to be encountered during use.
Guide tubes shall be used when moving the source out of the device.
An exposure head or similar device designed to prevent the source assembly from passing out of the end of the guide tube shall be attached to the outermost end of the guide tube during industrial radiography operations.
The guide tube exposure head connection shall be able to withstand the tensile test for control units specified in ANSI N432-1980.
Source changers shall provide a system for ensuring that the source will not be accidentally withdrawn from the changer when connecting or disconnecting the drive cable to or from a source assembly.

(d) All newly manufactured radiographic exposure devices and associated equipment acquired by licensees after January 10, 1992, shall comply with the requirements of this paragraph.

(e) All radiographic exposure devices and associated equipment in use after January 10, 1996, shall comply with the requirements of this paragraph.

(f) Notwithstanding subparagraph (10)(a) of this rule, equipment used in industrial radiographic operations need not comply with §8.9.2(c) of the Endurance Test in American National Standards Institute N432-1980, if the prototype equipment has been tested using a torque value representative of the torque that an individual using the radiography equipment can realistically exert on the lever or crankshaft of the drive mechanism.

(11) Labeling, storage and transportation.

(a) The licensee may not use a source changer or a container to store licensed material unless the source changer or the storage container has securely attached to it a durable, legible and clearly visible label bearing the standard trefoil radiation caution symbol in conventional colors, i.e., magenta, purple or black on a yellow background, having a minimum diameter of 25 mm, and the wording:

CAUTION (or “DANGER”)

RADIOACTIVE MATERIAL

NOTIFY CIVIL AUTHORITIES (or “NAME OF COMPANY”)

(b) The licensee shall not transport licensed material unless the material is packaged and the package is labeled, marked and accompanied with appropriate shipping papers in accordance with regulations set out in 10 CFR Part 71.

(c) Locked radiographic exposure devices and storage containers shall be physically secured to prevent tampering or removal by unauthorized personnel. The licensee shall store licensed material in a manner that will minimize danger from explosion or fire.

(d) The licensee shall lock and physically secure the transport package containing licensed material in the transporting vehicle to prevent accidental loss, tampering or unauthorized removal of the licensed material from the vehicle.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed March 3, 2015; effective June 1, 2015.

Tenn. Comp. R. & Regs. 0400-20-08-.05 PERSONAL RADIATION SAFETY REQUIREMENTS FOR RADIOGRAPHERS AND

RADIOGRAPHER’S ASSISTANTS.

(1) Training.

(a) The licensee or registrant shall not permit any individual to act as a radiographer as defined in this Chapter until such individual:

Has been instructed in the subjects outlined in Rule 0400-20-08-.07 and has demonstrated understanding thereof by successful completion of a written test and a field examination on the subjects covered that has been approved by the Division;
Has received copies of and instruction in:

(i) The regulations contained in this Chapter;

(ii) The applicable rules of Chapter 0400-20-05 and this Chapter;

(iii) License or registration conditions; and (iv) The licensee’s or registrant’s operating and emergency procedures and shall have been tested in a manner approved by the Division to demonstrate understanding thereof; and 3. Has physically demonstrated competence to use the sources of radiation, related handling tools, and survey instruments that will be employed in his assignment.

(b) The licensee or registrant shall not permit any individual to act as a radiographer’s assistant as defined in this Chapter until such individual:

Has received copies of and instruction in the licensee’s or registrant’s operating and emergency procedures and shall have been tested in a manner approved by the Division to demonstrate understanding thereof; and 2. Has physically demonstrated competence to use, under the personal supervision of the radiographer, the sources of radiation, related handling tools, and survey instruments that will be employed in his assignment.

(c) Each licensee or registrant shall maintain the following records of training and certification for 3 years after the record is made for inspection by the Division.

Records of training of each radiographer and each radiographer’s assistant. The record shall include radiographer certification documents and verification of certification status, copies of written tests, dates of oral and practical examinations, and names of individuals conducting and receiving the oral and practical examinations; and 2. Records of annual refresher safety training and semi-annual inspections of job performance for each radiographer and each radiographer’s assistant. The records shall list the topics discussed during the refresher safety training, the dates the annual refresher safety training was conducted, and names of the instructors and attendees. For inspections of job performance, the records shall also include a list showing the items checked and any non-compliance(s) observed by the radiological safety officer.

(d) Whenever a radiographer’s assistant uses sources of radiation or related handling tools or conducts radiation surveys required by subparagraph (3)(b) of Rule 0400-20-08-.06 to determine that the sealed source has returned to the shielded position after an exposure, he shall be under the personal supervision of a radiographer.

(2) Operating and emergency procedures. The licensee or registrant shall submit to the Division a copy of current operating and emergency procedures prior to the issuance or renewal of a license or registration. The licensee or registrant shall retain a copy of the operating and emergency procedures until the Division terminates the license or registration that authorizes the activity for which the procedures were developed. If the operating and emergency procedures are superseded, the superseded procedures shall be retained by the licensee or registrant for 3 years after each change. These procedures shall include specific instructions in at least the following:

(a) The handling and use of sources of radiation to be employed such that no individual shall be exposed to radiation doses in excess of the limits established in Chapter 0400- 20-05;

(b) Methods and occasions for conducting radiation surveys;

(d) Methods and occasions for locking and securing sources of radiation;

(e) Personnel monitoring and the use of personnel monitoring equipment;

(f) Transportation to field locations, including packing of sources of radiation in the vehicles, posting of vehicles and control of sources of radiation during transportation;

(g) Minimizing exposure of individuals in the event of an accident;

(h) The procedure for notifying proper persons in the event of an accident;

(i) Maintenance of records;

(j) The inspection and maintenance of radiographic exposure devices and storage containers; and (k) Steps that shall be taken immediately by radiographic personnel in the event a pocket dosimeter is found to be off-scale.

(3) Personnel monitoring.

(a) The licensee or registrant shall not permit any individual to act as a radiographer or a radiographer’s assistant unless, at all times during radiographic operations, each individual wears, on the trunk of the body, a direct-reading dosimeter, an operating alarm ratemeter, and personnel dosimeter. At permanent radiography installations where other appropriate alarming or warning devices are in routine use, the wearing of an alarming ratemeter is not required.

Pocket dosimeters shall have a range from zero to two millisieverts (200 millirems) and shall be recharged at the start of each shift. Electronic personal dosimeters may only be used in place of ion-chamber pocket dosimeters.
Each personnel dosimeter shall be assigned to and worn only by one individual.
Film badges must be replaced monthly and all other personnel dosimeters that require replacement must be replaced at least quarterly. All personnel dosimeters must be evaluated at least quarterly or promptly after replacement, whichever is more frequent.

(b) Direct reading dosimeters such as pocket dosimeters or electronic personal dosimeters shall be read and the exposures recorded at the beginning and end of each shift. In accordance with Rule 0400-20-08-.15, the licensee or registrant shall maintain each record of these exposures for inspection by the Division for three years after the record is made.

(c) Pocket dosimeters, or electronic personal dosimeters, shall be checked at periods not to exceed 12 months for correct response to radiation. Acceptable dosimeters shall read within plus or minus 20 percent of the true radiation exposure. In accordance with

Rule 0400-20-08-.15, the licensee or registrant shall maintain each record of these exposures for inspection by the Division for three years after the record is made.

(d) If an individual’s pocket chamber is found to be off-scale, or if his or her electronic personal dosimeter reads greater than two millisieverts (200 millirems), and the possibility of radiation exposure cannot be ruled out as the cause, the individual’s personnel dosimeter shall be sent for processing and evaluation within 24 hours. For personnel dosimeters that do not require processing, evaluation of the dosimeter must be started within 24 hours. In addition, the individual may not resume work associated with licensed material use until a determination of the individual’s radiation dose has been made. This determination shall be made by the RSO or the RSO’s designee. The results of this determination shall be included in the records maintained in accordance with Rule 0400-20-08-.15.

(e) If the personnel dosimeter required by subparagraph (a) of this paragraph is lost or damaged, the worker shall cease work immediately until a replacement personnel dosimeter meeting the requirements of subparagraph (a) of this paragraph is provided and the exposure is calculated for the time period from issuance to loss or damage of the personnel dosimeter. The results of the calculated exposure and the period for which the personnel dosimeter was lost or damaged shall be included in the records maintained in accordance with Rule 0400-20-08-.15.

(f) Dosimetry results must be retained in accordance with Rule 0400-20-08-.15.

(g) Each alarm ratemeter shall:

Be checked to ensure that the alarm functions properly (sounds) before using at the start of each shift;
Be set to give an alarm signal at a preset dose rate of five mSv/hr (500 mrem/hr); with an accuracy of plus or minus 20 percent of the true radiation dose rate;
Require special means to change the preset alarm function; and 4. Be calibrated at periods not to exceed 12 months for correct response to radiation. The licensee shall maintain records of alarm ratemeter calibrations in accordance with Rule 0400-20-08-.15.

(4) Conducting industrial radiographic operations.

(a) Whenever radiography is performed at a location other than a permanent radiographic installation, at least one other qualified radiographer or an individual who has at a minimum met the requirements of paragraph (3) of Rule 0400-20-08-.07 shall accompany the radiographer. The additional qualified individual shall observe the operations and be capable of providing immediate assistance to prevent unauthorized entry. Radiography shall not be performed if only one qualified individual is present.

(b) Reserved.

(5) Radiation safety officer (RSO) for industrial radiography.

The RSO shall ensure that radiation safety activities are being performed in accordance with approved procedures and regulatory requirements in the daily operation of the licensee’s or registrant’s program.

(a) The minimum qualifications, training and experience for RSOs for industrial radiography are as follows:

Completion of the training and testing requirements of paragraph (1) of Rule

Tenn. Comp. R. & Regs. 0400-20-08-.06 PRECAUTIONARY PROCEDURES IN RADIOGRAPHIC OPERATIONS

(1) Security.

During each radiographic operation the radiographer, or the other individual present, as required by subparagraph (4)(a) of Rule 0400-20-08-.05, shall maintain continuous, direct, visual surveillance of the operation to protect against unauthorized entry into a high radiation area as defined in Chapter 0400-20-05 except at permanent radiographic installations where all entryways are locked and the requirements of paragraph (9) of Rule 0400-20-08-.04 are met.

(2) Posting.

Areas in which radiography is being performed shall be conspicuously posted according to the standards set out in Chapter 0400-20-05, without exceptions.

(3) Radiation surveys and survey records.

(a) The licensee or registrant shall ensure that at least one calibrated and operable radiation survey instrument is available:

At the location of its radiographic operations; and 2. At the storage area, as defined in Rule 0400-20-08-.03, whenever a radiographic exposure device, a storage container or source is being placed in storage.

(b) After each exposure, the licensee or registrant shall ensure that a survey with a calibrated and operable radiation survey instrument is made to determine that the sealed source has been returned to its shielded position or that the radiation from the radiation machine has been terminated. The entire circumference of the radiographic exposure device shall be surveyed. If the radiographic exposure device has a source guide tube, the survey shall include the guide tube. The survey shall determine that the sealed source has returned to its shielded position before exchanging films, repositioning the exposure head or dismantling equipment.

(c) Any time the source is exchanged and whenever a radiographic exposure device is placed in a storage area, the licensee shall ensure that a survey with a calibrated and operable radiation survey instrument is made to determine that the sealed source is in its shielded position. The entire circumference of the radiographic exposure device shall be surveyed. The results of the last storage survey of the workday, required by this subparagraph, shall be recorded and retained for 3 years.

(d) Records shall be kept of the duration of each radiographic exposure and the number of exposures made. In addition, for each radiographic exposure employing a radiation machine the voltage and current used shall be noted. These records shall be maintained for 3 years for inspection by the Division and for field work may be kept on the area survey form.

(e) Each licensee or registrant conducting industrial radiography at a temporary job site shall have the following documents available at that site for inspection by the Division:

Appropriate license or registration;
Operating and emergency procedures;
Applicable regulations;
Survey records required pursuant to this rule and Chapter 0400-20-05 for the period of operation at the site;
Daily pocket dosimeter records for the period of operation at the site; and 6. The latest instrument calibration and leak test records for specific devices in use at the site. Acceptable records include tags or labels that are affixed to the device or survey meter.

(4) Radiation surveys.

(a) Conduct surveys with a calibrated and operable radiation survey instrument that meets the requirements of paragraph (4) of Rule 0400-20-08-.04.

(b) Using a survey instrument meeting the requirements of subparagraph (a) of this paragraph, conduct a survey of the radiographic exposure device and the guide tube after each exposure when approaching the device or the guide tube. The survey shall determine that the sealed source has returned to its shielded position before exchanging films, repositioning the exposure head, or dismantling equipment.

(c) Conduct a survey of the radiographic exposure device with a calibrated radiation survey instrument any time the source is exchanged and whenever a radiographic exposure device is placed in a storage area (as defined in Rule 0400-20-08-.03, to ensure that the sealed source is in its shielded position.

(d) Maintain records in accordance with Rule 0400-20-08-.15.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-08-.07 ;

(b) Periodic training (shall be at least annual);

(d) Means to be used by the licensee or registrant to determine the radiographer’s knowledge and understanding of and ability to comply with:

Division regulations and licensing or registration requirements; and 2. The licensee’s or registrant’s operating and emergency procedures; and (e) Means to be used by the licensee or registrant to determine the radiographer’s assistant’s knowledge and understanding of and ability to comply with the licensee’s or registrant’s operating and emergency procedures;

(2) The licensee or registrant shall establish and submit to the Division for approval written operating and emergency procedures as described in paragraph (2) of Rule 0400-20-08-.05;

(3) The licensee or registrant shall establish and submit to the Division a description of its inspection program adequate to ensure that its radiographers and radiographer’s assistants follow the Division’s regulatory requirements and the licensee’s or registrant’s operating and emergency procedures. The inspection program shall:

(a) Include observation of the performance of each radiographer and radiographer’s assistant during an actual radiographic operation at intervals not to exceed 6 months;

(b) Provide that if a radiographer or a radiographer’s assistant has not participated in a radiographic operation for more than 6 months since the last inspection, that individual’s performance shall be observed and recorded the next time the individual participates in a radiographic operation; and (c) Include the retention of inspection records on the performance of radiographers or radiographer’s assistants for 3 years;

(4) The licensee or registrant shall submit to the Division a description of his overall organizational structure pertaining to the radiography program, including specified delegations of authority and responsibility for operation of the program; and (5) The licensee who desires to conduct his own leak tests shall establish procedures to be followed in testing sealed sources for possible leakage and/or contamination and shall submit to the Division for approval a description of such procedures including:

(a) Instrumentation to be used;

(b) Method of performing tests, e.g., points on equipment to be smeared and method of taking the smear; and (c) Pertinent experience of the person who will perform the test.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-08-.08 CABINET RADIOGRAPHY

(1) The only requirement of this Chapter which applies to cabinet radiography as defined in Rule

Tenn. Comp. R. & Regs. 0400-20-08-.09 FLUOROSCOPIC RADIOGRAPHY

Radiography utilizing fluoroscopy should be done only by remote observation; however, if direct viewing of the screen by personnel is used, the registrant shall demonstrate that radiation exposure limits are not exceeded.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-08-.10 REQUIRED ADMINISTRATIVE PROCEDURES FOR INDUSTRIAL RADIOGRAPHY

PROGRAM.

(1) Licensees and registrants shall have a program for training radiographers and radiographer’s assistants and submit to the Division for approval a schedule or description of such program that includes the:

(a) Initial training:

This initial training shall consist of a complete training program as outlined in

Rule 0400-20-08-.07; or 2. Résumés of prior training and experience of individuals that show fulfillment of the requirements of subparagraphs (7)(a) and (b) of Rule 0400-20-08-.07 and the ini tial training of such individuals in the licensee’s or registrant’s specific radiography program as outlined in subparagraphs (7)(c), (d) and (e) of Rule

Tenn. Comp. R. & Regs. 0400-20-08-.11 SHIELDED ROOM X-RAY RADIOGRAPHY

(1) The only requirements of this Chapter applying to shielded room x-ray radiography are as follows:

(a) All entrances into the shielded room shall be provided with interlocks. After an interlock has been interrupted, broken, or tripped, it shall be possible to cause x-rays to be produced again only from the control panel. Interlocks shall not be used to shut off the x-ray equipment except in an emergency or during testing.

(b) Emergency shut-off switches shall be located within the high radiation areas so as to be accessible to individuals therein within the warning period in subparagraph (e) of this paragraph. These switches and their mode of operation shall be identified by a conspicuously posted sign adjacent to the switch. The emergency shut-off switches shall include a manual reset that must be reset at the switch before x-rays can again be produced from the control panel. After an emergency shut-off switch has been activated, it shall be possible to produce x-rays again only from the control panel.

(d) The interior of the shielded room shall be provided with flashing or rotating warning lights that operate when, and only when, radiation is being produced. These lights shall be so positioned that they can be observed from any position or orientation within the room.

(e) An audible warning signal within the room shall be actuated for at least ten 10 seconds immediately prior to the first initiation of radiation after the closing of any opening that can admit personnel.

(f) The x-ray equipment control panel shall be provided with a locking device to prevent unauthorized use. Such locking device shall, when locked, prevent the production of xray radiation by the equipment.

(g) All entrances into the shielded room shall be provided with a conspicuously visible warning device, which need not be flashing or rotating but which operates only when radiation is being produced.

(h) Surveys shall be made as required in subparagraph (3)(b) of Rule 0400-20-08-.06.

Personnel devices providing an audible signal when activated by radiation will be acceptable for this survey. Proper operation of this device shall be checked daily and a record maintained of this check. All personnel working with the x-ray equipment shall be provided with such a device. This device shall be designed so as to clearly indicate entry into a 2 milliroentgen per hour x-ray radiation field.

(i) All personnel associated with the x-ray equipment shall be provided with personnel monitoring devices that shall be calibrated for the x-ray energies being utilized.

Records of personnel exposure shall be maintained as required in Chapter 0400-20-05.

(j) No registrant shall permit any individual to operate a radiation machine for shielded room x-ray radiography until such individual has received a copy of, instruction in, and demonstrated an understanding of operating and emergency procedures for the unit, and competence in its use. (See subparagraphs (2)(a), (c), (d), (e), (g), (h), (i), (j) and (k) of Rule 0400-20-08-.05). These operating and emergency procedures shall be submitted to the Division for approval prior to their adoption.

(k) All safety and warning devices, including interlocks and emergency shut-off switches, shall be tested at intervals not to exceed 3 months to determine that they are functioning properly. Records shall be maintained of all tests.

(l) If a safety or warning device malfunctions, the x-ray control panel shall be locked in the “off” position. It shall not be used, except as may be necessary for repair or replacement of the malfunctioning safety or warning device, until the safety or warning device is functioning properly.

History

Authority: T. C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-08-.12 REPORTING REQUIREMENTS

(1) In addition to the reporting requirements specified in other chapters of these regulations, each licensee or registrant shall provide a written report to the Division at the address in Rule

Tenn. Comp. R. & Regs. 0400-20-04-.07 , within 30 days of the occurrence of any of the following incidents involving radiographic equipment:

(a) Unintentional disconnection of the source assembly from the control cable.

(b) Inability to retract the source assembly to its fully shielded position and secure it in this position.

(2) The licensee or registrant shall include the following information in each report submitted under paragraph (1) of this rule:

(a) A description of the equipment problem.

(b) Cause of each incident, if known.

(c) Manufacturer and model number of equipment involved in the incident as well as activity, model, and serial number of source (if applicable).

(d) Place, time and date of the incident.

(e) Actions taken to establish normal operations.

(f) Corrective actions taken or planned to prevent recurrence.

(g) Qualifications of personnel involved in the incident.

(3) Reports of overexposure submitted under Chapter 0400-20-05 that involve failure of safety components of radiographic exposure devices or associated equipment shall also include the information specified in paragraph (2) of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-08-.13 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-08-.14 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-08-.15 RECORDKEEPING REQUIREMENTS

(1) Location of documents and records.

(a) Each licensee and registrant shall maintain copies of records required by this rule and other applicable parts of this Chapter at the location specified in the license or registration.

(b) Each licensee and registrant shall also maintain copies of the following documents and records sufficient to demonstrate compliance at each applicable field station and each temporary job site:

The license or registration authorizing the use of licensed material or registered equipment;
A copy of “State Regulations for Protection Against Radiation”;
Utilization records for each radiographic exposure device dispatched from that location as required by paragraph (7) of Rule 0400-20-08-.04;
Records of equipment problems identified in daily checks of equipment as required by paragraph (8) of Rule 0400-20-08-.04. The licensee or registrant shall maintain each record for three years after it is made. The record shall include the date of check or inspection, name of inspector, equipment involved, any problems found, and what repair and/or maintenance, if any, was done;
Records of alarm system and entrance control checks required by paragraph (9) of Rule 0400-20-08-.04, if applicable. The licensee or registrant shall maintain each record for three years after it is made;
Records of direct reading dosimeters such as pocket dosimeter and/or electronic personal dosimeters readings as required by paragraph (3) of Rule 0400-20-08- .05. The licensee or registrant shall maintain each record for three years after it is made;
Records of dosimetry reports as required by paragraph (3) of Rule 0400-20-08- .05. The licensee or registrant shall maintain each record until the Division terminates the license or registration;
Operating and emergency procedures required by paragraph (2) of Rule 0400- 20-08-.05. The licensee or registrant shall maintain a copy of current operating and emergency procedures until the Division terminates the license or registration. Superseded material shall be retained for three years after the change is made;
Evidence of the latest calibration of the radiation survey instruments in use at the site, as required by paragraph (4) of Rule 0400-20-08-.04. The licensee or registrant shall maintain each record for three years after it is made;
Evidence of the latest calibrations of alarm ratemeters and operability checks of pocket dosimeters and/or electronic personal dosimeters as required by paragraph (3) of Rule 0400-20-08-.05. The licensee or registrant shall maintain each record for three years after it is made;
Latest survey records required by paragraph (4) of Rule 0400-20-08-.06. The licensee or registrant shall maintain the record of each exposure device survey conducted before the device is placed in storage, if that survey is the last one performed in the workday, for three years after it is made;
The shipping papers for the transportation of radioactive materials required by

Chapter 0400-20-10;

When operating under reciprocity pursuant to Rule 0400-20-10-.29, a copy of the Agreement State license authorizing the use of licensed materials; and 14. Records of estimates of exposures because of off-scale personal direct reading dosimeters or of lost or damaged personnel dosimeters until the Division terminates the license or registration.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-08-.16 SCHEDULE RHS 8-35: RADIOGRAPHER CERTIFICATION

(1) Requirements for an independent certifying organization. An independent certifying organization shall:

(a) Be an organization such as a society or association, whose members participate in, or have an interest in, the fields of industrial radiography;

(b) Make its membership available to the general public nationwide that is not restricted because of race, color, religion, sex, age, national origin or disability;

(d) Be an incorporated, nationally recognized organization that is involved in setting national standards of practice within its fields of expertise;

(e) Have an adequate staff, a viable system for financing its operations, and a policy- and decision-making review board;

(f) Have a set of written organizational by-laws and policies that provide adequate assurance of lack of conflict of interest and a system for monitoring and enforcing those by-laws and policies;

(g) Have a committee, whose members can carry out their responsibilities impartially, to review and approve the certification guidelines and procedures, and to advise the organization’s staff in implementing the certification program;

(h) Have a committee, whose members can carry out their responsibilities impartially, to review complaints against certified individuals and to determine appropriate sanctions;

(i) Have written procedures describing all aspects of its certification program, maintain records of the current status of each individual’s certification and the administration of its certification program;

(j) Have procedures to ensure that certified individuals are provided due process with respect to the administration of its certification program, including the process of becoming certified and any sanctions imposed against certified individuals;

(k) Have procedures for proctoring examinations, including qualifications for proctors.

These procedures must ensure that the same company or corporation (or a wholly owned subsidiary of such company or corporation) does not employ the individuals proctoring each examination as any of the examinees;

(l) Exchange information about certified individuals with the Division and other independent certifying organizations and/or Agreement States and allow periodic review of its certification program and related records; and (m) Provide a description to the Division of its procedures for choosing examination sites and for providing an appropriate examination environment.

(2) Requirements for certification programs. All certification programs shall:

(a) Require applicants for certification to:

Receive training in the topics set forth in Rule 0400-20-08-.07; and 2. Satisfactorily complete a written examination covering these topics;

(b) Require applicants for certification to provide documentation that demonstrates that the applicant has:

Received training in the topics set forth in Rule 0400-20-08-.07;
Satisfactorily completed a minimum period of on-the-job training; and 3. Received verification by an Agreement State or a U.S. NRC licensee that the applicant has demonstrated the capability of independently working as a radiographer;

(d) Include procedures for denying an application, revoking, suspending and reinstating a certificate;

(e) Provide a certification period of not less than 3 years or more than 5 years;

(f) Include procedures for renewing certifications and, if the procedures allow renewals without examination, require evidence of recent full-time employment and annual refresher training in industrial radiography;

(g) Provide a timely response to inquiries, by telephone or letter, from members of the public, about an individual’s certification status.

(3) Requirements for written examinations. All examinations shall be:

(a) Designed to test an individual’s knowledge and understanding of the topics listed in

Rule 0400-20-08-.07;

(b) Written in a multiple-choice format;

(c) Have test items drawn from a question bank containing psychometrically valid questions based on the material in Rule 0400-20-08-.07.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Chapter 0400-20-09 Requirements for Accelerators (Transferred from 1200-02-09 which was repealed)

Tenn. Comp. R. & Regs. 0400-20-09-.01 PURPOSE

This chapter establishes requirements for all accelerators and facilities. The provisions of this chapter are in addition to and not in substitution for other applicable provisions of these regulations. All activities related to fusion or fusion machines as defined in Rule 0400-20-14-.03 are excluded from this chapter.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-09-.02 SCOPE

Except as otherwise provided, this Chapter applies to all persons who possess or use accelerators.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.03 DEFINITIONS

(1) “Accelerator” means any device used to impart kinetic energy to electrically charged particles including but not limited to electrons, protons, deuterons, and helium ions. For the purpose of this chapter, “accelerator” includes equipment designed for and used only for the production of x-rays of 0.9 MeV or greater and equipment capable of discharging nuclear particles into a medium external to the accelerating device. For purposes of this chapter, the term “accelerator” does not include fusion machines as defined in Rule 0400-20-14-.03.

(2) “Certified Registration” means an issued registration for a device that meets the general and specific requirements of a certified registration as well as other applicable rules in this

chapter and Rules 0400-20-09-.04, 0400-20-09-.05, 0400-20-09-.06, 0400-20-09-.07, and

Tenn. Comp. R. & Regs. 0400-20-09-.04 REQUIREMENTS FOR REGISTRATION

(1) No person shall activate an accelerator, until the registration has been certified pursuant to the information supplied by the applicant and Rule 0400-20-09-.05.

(2) Application for a Certified Registration shall be made to the Division as follows:

(a) Application for a Certified Registration shall be filed on a form prescribed by the Division.

(b) The Division may at any time after the filing of the original application or before the expiration of the Certified Registration require further statements in order to enable the Division to determine whether certification should be granted or denied or whether the Certified Registration should be modified or revoked.

(3) Possession of a Certified Registration is not required in order to transfer, own, receive, acquire, or possess an accelerator when such devices are in storage or disassembled or otherwise incapable of operation. However, each person receiving such accelerator shall within 10 days after the receipt of the accelerator submit an application for Certified Registration pursuant to Rule 0400-20-10-.24.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.05 GENERAL REQUIREMENTS FOR THE ISSUANCE OF A CERTIFIED

REGISTRATION.

A registration will be certified if the Division determines that:

(1) The applicant has personnel to use the accelerator for purposes requested and to handle any associated radioactive material in such a manner as to protect public health and safety or property;

(2) The applicant’s proposed equipment, facilities, and procedures will protect the public health and safety or property;

(3) The applicant has a method of retraining and testing of operators and all other associated personnel at least annually to assure continued competency; and (4) The applicant satisfies all applicable requirements of these regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.06 SPECIFIC REQUIREMENTS FOR THE ISSUANCE OF A CERTIFIED

REGISTRATION.

(1) In addition to the requirements of Rule 0400-20-09-.05, a Certified Registration for human use of an accelerator in medical institutions will be issued only if:

(a) The applicant has appointed a medical committee of at least three members to evaluate all proposals for research, diagnostic, and therapeutic use of an accelerator within that institution. Membership of the committee shall include physicians expert in internal medicine, hematology, therapeutic radiology and a person experienced in particle depth dose calculations, and protection against radiation;

(b) The applicant possesses facilities for the clinical care of patients; and (c) The physician designated on the application as the responsible individual shall be a radiologist or therapeutic radiologist certified by the American Board of Radiology in radiology, therapeutic radiology, or radiation oncology and has experience in the use of accelerators to treat humans.

(2) In addition to the requirements of Rule 0400-20-09-.05, a Certified Registration for an accelerator which is to be used in research and development will be issued only if:

(a) The applicant has appointed a radiological safety officer who will advise and assist on radiological safety problems; and (b) The applicant has established a radiation safety committee (composed of the radiological safety officer and one or more individuals trained or experienced in the safe use of accelerators) which will review and approve, in advance, proposals for such use.

(3) In addition to the requirements of Rule 0400-20-09-.05, a Certified Registration for use of an accelerator in industrial radiography will be issued only if the requirements of Chapter 0400- 20-08 are satisfied.

(4) In addition to the requirements of Rule 0400-20-09-.05, a Certified Registration for the production of radioactive materials by an accelerator will be issued only if:

Certified registrants that desire to utilize physician(s) who do not meet these criteria for minimum training and experience may request a variance excepting the physician from the requirements for a limited time period. The variance request should include:

The name of the proposed individual, 2. A description of his or her training and experience including information similar to that specified in subparagraph (1)(c) of Rule 0400-20-09-.06, 3. Information to substantiate that the physician is currently engaged in the certification process, 4. Written endorsement of the technical qualifications of the proposed physician from personal knowledge by a physician certified by the American Board of Radiology in radiology, therapeutic radiology, or radiation oncology.

This should be a letter from the proposed physician’s Residency Director where the physician in question completed the Residency program in radiology or therapeutic radiology.

Upon receipt of acceptable information, the Division will grant a specific variance to subparagraph (1)(c) of Rule 0400- 20-09-.06. This variance will be for a time period not to exceed 1 year. The Division will entertain a request to extend this variance for no more than 2 additional 1 year time periods provided the certified registrant can support that the physician remains currently engaged in the certification process.

(a) The applicant’s staff has experience in the use of accelerators in the production of radioactive materials; and (b) The applicant has appointed a radiological safety officer who will advise and assist on radiological safety problems.

(5) In addition to the requirements of Rule 0400-20-09-.05, a Certified Registration for the modification of the structure, chemical composition, bacterial composition of materials, etc. by an accelerator will be issued only if:

(a) The applicant’s staff has experience in the modification of materials; and (b) The applicant has appointed a radiological safety officer who will advise and assist on the radiological safety problems.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.07 ISSUANCE OF A CERTIFIED REGISTRATION

(1) Upon a determination that an application meets the applicable requirements of Chapters 0400-20-04 through 0400-20-12, the Division will issue a Certified Registration authorizing the proposed activity.

(2) The Division may incorporate in any Certified Registration at the time of issuance, or thereafter by such additional provisions with respect to the registrant’s accelerator as it deems appropriate or necessary in order to:

(a) Protect the public health and safety or property; and (b) Require reports and the keeping of records, as may be necessary to evaluate activities conducted under the Certified Registration.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.08 SPECIFIC TERMS AND CONDITIONS OF A CERTIFIED REGISTRATION

(1) Certified Registrations issued pursuant to this Chapter shall be subject to all rules, regulations, and orders of the Division.

(2) Neither the Certified Registration nor any right under the Certified Registration shall be assigned or otherwise transferred.

(3) Each person registered by the Division pursuant to this Chapter shall confine his use and possession of the accelerator to the locations and purposes authorized in the Certified Registration.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.09 EXPIRATION OF A CERTIFIED REGISTRATION

Except as provided in Rule 0400-20-09-.10 each Certified Registration shall expire at the end of the day in the month and year stated therein.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.10 RENEWAL OF A CERTIFIED REGISTRATION

(1) Request for renewal of a Certified Registration shall be filed in accordance with paragraph (2) of Rule 0400-20-09-.04.

(2) In any case in which a registrant, not less than 30 days prior to expiration of his existing Certified Registration, has filed a request in proper form for renewal or for a new Certified Registration authorizing the same activities, such existing Certified Registration shall not expire until the request has been finally determined by the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.11 AMENDMENT OF CERTIFIED REGISTRATION AT REQUEST OF REGISTRANT

Requests for amendment of a Certified Registration shall be filed in accordance with paragraph (2) of

Rule 0400-20-09-.04 and shall specify the manner in which the registrant desires his Certified Registration to be amended and the grounds for such amendment.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.12 DIVISION ACTION ON REQUEST TO RENEW OR AMEND

In considering a request by a registrant to renew or amend his Certified Registration, the Division will apply the criteria set forth in Rules 0400-20-09-.05 and 0400-20-09-.06 as applicable.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.13 INALIENABILITY OF CERTIFIED REGISTRATIONS

No Certified Registration issued or granted under this Chapter and no right to utilize an accelerator granted by any Certified Registration issued pursuant to this Chapter shall be transferred, assigned, or in any manner disposed of, either voluntarily, or involuntarily, directly, or indirectly, through transfer of control of any Certified Registration to any persons unless the Division shall find that the transfer, assignment or disposal is in accordance with the provisions of the regulations and shall give its consent in writing.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.14 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.15 MODIFICATION, REVOCATION, AND TERMINATION OF A CERTIFIED

REGISTRATION.

(1) A Certified Registration shall be subject to amendment, revision or modification or may be suspended or revoked by reason of amendments to T.C.A. §§ 68-202-201 et seq., or by reason of rules or regulations issued by the Division.

(2) Any Certified Registration may be revoked, suspended, or modified, in whole or part, for any material false statement in the application or in any statement of fact required under provisions of T.C.A. §§ 68-202-201 et seq., or because of conditions revealed by such application or statement of fact of any report, records, or inspection or other means which would warrant the Division to refuse to grant a Certified Registration on an original application, or for violation of, or failure to observe any of the terms and conditions of T.C.A. §§ 68-202-201 et seq., or of the Certified Registration or of any rule or regulation of the Division. This action will be taken pursuant to T.C.A. Title 68, Chapter 202.

(3) The Division may terminate a Certified Registration upon written request submitted by the registrant to the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.16 RECORDS

In addition to the records required elsewhere in Chapters 0400-20-04 through 0400-20-08 and Chapters 0400-20-10 through 0400-20-12, each registrant shall maintain records of any tests or surveys required by this Chapter.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.17 GENERAL SAFETY PROVISIONS

(1) The Division may waive compliance with the specific requirements of this Chapter if the applicant or registrant demonstrates, to the Division’s satisfaction, achievement of radiation protection, through other means, equivalent to that required by Chapters 0400-20-04 through 0400-20-08 or Chapters 0400-20-10 through 0400-20-12.

(2) Each registrant shall provide personnel monitoring devices that shall be calibrated for the radiations and energies of radiation produced by the accelerator and shall be used as required by Rules 0400-20-05-.70 and 0400-20-05-.71.

(3) Each installation shall be provided with such primary barriers and/or secondary barriers as are necessary to assure compliance with Rules 0400-20-05-.50, 0400-20-05-.55, 0400-20- 05-.56 and 0400-20-05-.60.

(4) Controls and Safety Devices:

(a) Only the operator at the control panel shall be able to activate an accelerator to create a radiation field in any area in which an individual could receive a dose in excess of 2 millirems per hour.

(b) All entrances into a target room or other high radiation areas shall be provided with interlocks.

(d) When any interlock is interrupted, broken, or tripped, either the accelerator will shut off automatically or the radiation level within the room will be reduced to an average of not more than 2 millirems per hour and a maximum of 10 millirems per hour at a distance of 1 meter in any direction from any accessible surface of the accelerator system. After shut-off or reduction in output, it shall be possible to restore the accelerator to full operation only from the control panel. Radiation levels produced by radioactive materials shall not be considered as the radiation levels to be reduced by such controls.

(e) Interlocks shall not be used to shut off the accelerator except in an emergency or during testing.

(f) Emergency shut-off switches shall be located within the high radiation areas so as to be accessible to individuals therein within the warning period. These switches and their mode of operation shall be identified by a conspicuously posted sign adjacent to the switch. These switches shall be capable of automatically causing the accelerator to either shut off or reduce the radiation level to an average of not more than 2 millirems per hour and a maximum of 10 millirems per hour at a distance of 1 meter in any direction from any accessible surface of the accelerator system. Such shut-off switches shall include a manual reset at each such switch which must be reset at the switch before the accelerator may be restarted by the operator at the control panel. Radiation levels produced by radioactive material shall not be considered as the radiation levels to be reduced by such control.

(g) All locations designated as high radiation areas, except those exempted in subparagraph (3)(c) of Rule 0400-20-09-.21, shall be equipped with visual flashing or rotating warning lights that operate when, and only when, radiation is being produced.

Each entrance to such area shall have a visual warning device, which need not be flashing or rotating, but operates when, and only when radiation is being produced.

(h) Each high radiation area except those exempted in subparagraph (3)(b) of Rule 0400- 20-09-.21 shall have an audible warning device which shall be activated for at least 5 seconds prior to the possible creation of such high radiation area. Following the activation of the audible warning device, there shall be a delay of not less than 30 seconds before the high radiation area may be produced. Such warning device shall be discernible in all high radiation and radiation areas.

(i) All meters and controls on the accelerator control console shall be identified and discernible.

(j) The accelerator control panel shall be provided with a locking device to prevent use by unauthorized individuals. Such locking device shall, when locked, make the accelerator incapable of creating a radiation field in any areas in which an individual could receive a dose in excess of 2 millirems per hour.

(k) There shall be available at each facility portable radiation monitoring equipment that is operable and has been calibrated for the radiations being produced by the facility. Such equipment shall be tested for operation and calibrated at intervals not to exceed one year and after each instrument servicing and repair. A note shall be attached to each instrument showing the latest calibration date. Records of calibration shall be maintained for inspection by the Division.

(l) There shall be present at the control panel and at entrances to all high radiation areas a device which shall give a continuous indication of the radiation levels present in the target or areas.

(m) Electrical circuit diagrams of the accelerator and the associated interlock systems shall be kept current and on file at each accelerator facility.

(n) All high radiation areas shall be so constructed that persons within the area may at all times able to escape.

(5) Operation.

(a) Only operators qualified as required under Rule 0400-20-09-.18 shall be allowed to unlock and operate the control panel of an accelerator.

(b) Interlocks may be bypassed only to test, adjust, maintain, and/or rearrange equipment provided a conspicuous indication of such condition is made at the control panel. This subparagraph does not authorize the operation of an accelerator with the high radiation area warning devices or emergency shut off switches incapable of proper operation.

Rule 0400-20-09-.17.

Shall only be authorized by the radiation safety officer;
Shall only be performed for a specified time;
Shall be recorded showing the date, length of time bypassed, reason for bypassing, and signed by the individual installing and removing the bypass.

These records shall be maintained for inspection by the Division; and 4. Shall be performed at low power and current, if possible.

(d) No individual shall be permitted to enter an area, the access of which is controlled by interlocks, while such interlocks are bypassed, as permitted in subparagraph (5)(b) of

Rule 0400-20-09-.17, unless such individual is utilizing personnel monitoring equipment which will give an audible indication when a dose rate of 15 millirems per hour is exceeded. The personnel monitoring equipment referred to in this paragraph is in addition to that required elsewhere in these rules. Calibration requirements of subparagraph (4)(k) of Rule 0400-20-09-.17 shall also apply to such personnel monitoring equipment.

(e) The operator shall have at the control panel a copy of the operating and emergency procedures.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-09-.18 LIMITATIONS

No registrant shall permit any person to act as an operator as defined in Rule 0400-20-09-.03 until such person:

(1) Has been instructed in the subjects outlined in Rule 0400-20-09-.22;

(2) Has received copies of and instruction in the applicable parts of these regulations, a copy of the facility’s Certified Registration and the registrant’s operating and emergency procedures; and (3) Has physically demonstrated competence to use the particle accelerator, related equipment, and survey instruments which will be employed in his assignment.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.19 OPERATING AND EMERGENCY PROCEDURES

The registrant’s operating and emergency procedures shall include instructions in at least the following:

(1) The use of the accelerator in such a manner that no person will be exposed to radiation doses in excess of the limits established in Chapter 0400-20-05;

(2) Methods and occasions for conducting surveys;

(3) Methods for controlling access to high radiation areas;

(4) Methods and occasions for locking the control panel of the accelerator;

(5) Personnel monitoring and the use of personnel monitoring equipment;

(6) Methods for minimizing exposure of individuals in the event of an accident;

(7) Notification procedures in the event of an accident; and (8) The maintenance of records.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.20 TESTS AND SURVEYS

Each registrant shall:

(1) Test all safety and warning devices including interlocks at intervals not to exceed 3 months to determine that they are functioning properly;

(2) In conjunction with initial operation and after changes have been made in shielding, operating parameters, equipment, or occupancy of adjacent areas, make a survey as required in Rule

Tenn. Comp. R. & Regs. 0400-20-05-.70 ;

(3) Test any interlock which has been bypassed or otherwise prevented from operation, when such interlock is returned to use, to determine if it is functioning properly; and (4) Have a survey made of each radiation area upon the initial entry by personnel into these areas following the operation of accelerator. The registrant shall not be required to make a record of the survey required by this paragraph.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.21 THERAPEUTIC ACCELERATOR INSTALLATIONS

(1) Operation.

(a) No individual except the patient shall be in the treatment room during irradiation.

(b) The emergency procedures shall include instructions for:

Minimizing exposure of individuals in the event of an accident, e.g., alternate means of terminating the accelerator beam.
Removing the patient from the treatment room.
Preventing the entrance of individuals into the treatment room.
Notifying the responsible physician or radiation protection officer.

(c) During patient irradiation, both the patient and the control panel shall at all times be kept under observation by the operator.

(2) Equipment.

(a) A therapeutic-type protective tube housing shall be utilized for x-ray therapy devices.

(b) Diaphragms or cones shall be used to collimate the useful beam of radiation to those portions of the body undergoing treatment. Such diaphragms or cone shall transmit not more than 5 percent of the maximum useful beam.

(c) A timer shall be provided to terminate the exposure after a preset time regardless of what other exposure limiting devices are present. Where the timing device is utilized as a backup device, the time preset shall not be greater than that necessary to provide the required dose with allowance for equipment variability.

(d) Full calibration measurements shall be performed on each therapeutic accelerator:

Prior to the first use of the unit for treating humans;
Prior to treating humans;

(i) Whenever spot-check measurements indicate that the output value differs by more than 5 percent from the value obtained at the last full calibration;

(ii) Following reinstallation of the unit in a new location;

(iii) Following any repair of the unit that includes repair of the components associated with radiation exposure; and 3. At intervals not exceeding 1 year.

(e) Full calibration measurements required by subparagraph (d) of this paragraph shall include determination of:

The exposure rate or dose rate to an accuracy within ± 3 percent for the range of field sizes and for the range of distances (or for the axis distance) used in radiation therapy;
The congruence between the radiation field and the field indicated by the light beam localizing device;
The uniformity of the radiation field and its dependence upon the orientation of the useful beam;
Timer accuracy; and 5. The accuracy of all distance measuring devices used for treating humans.

(f) Full calibration measurements shall be made in accordance with the procedure recommended by the Scientific Committee on Radiation Dosimetry of the American Association of Physicists in Medicine (Physics in Medicine and Biology, Vol. 16, No. 3, 1971, pp. 379–396).

(g) Full calibration measurements required by subparagraph (d) of this paragraph shall be performed by a qualified expert as defined in Rule 0400-20-04-.04.

(h) Spot-check measurements shall be performed on each therapeutic accelerator at intervals not exceeding 1 month.

(i) Spot-check measurements required by subparagraph (h) of this paragraph shall include determination of:

Timer accuracy;
The congruence between the radiation field and the field indicated by the light beam localizing device;
The accuracy of all distance measuring devices used for treating humans; and 4. The exposure rate, dose rate or a quantity related in a known manner to those rates for one typical set of operating conditions.

(j) Spot-check measurements required by subparagraph (h) of this paragraph shall be performed in accordance with procedures established by a qualified expert as defined in Rule 0400-20-04-.04. (A qualified expert need not actually perform the spot-check measurements.) If a qualified expert does not perform the spot-check measurements, the results of the spot-check measurements shall be reviewed by a qualified expert within 15 days.

(k) Full calibration measurements required in subparagraph (d) of this paragraph shall be performed using a dosimetry system that has been calibrated by the National Bureau of Standards or by a Regional Calibration Laboratory accredited by the American Association of Physicists in Medicine. The dosimetry system shall have been calibrated within the previous 2 years and after any servicing that may have affected system calibration.

(l) Spot-check measurements required by subparagraph (h) of this paragraph shall be performed using a dosimetry system that has been calibrated in accordance with subparagraph (k) of this paragraph. Alternatively, a dosimetry system used solely for spot-check measurements may be calibrated by direct intercomparison with a system that has been calibrated in accordance with subparagraph (k) of this paragraph. This alternative calibration method shall have been performed within the previous 1 year and after each servicing that may have affected system calibration. Dosimetry systems calibrated by this alternative method shall not be used for full calibration measurements.

(m) Records of the measurements, tests, corrective actions and instrument calibration made under subparagraphs (d) through (f) and (h) through (l) of this paragraph and the registrants evaluation of the qualified expert’s training and experience shall be maintained for inspection by the Division.

(3) Facility.

(a) Provisions shall be made to permit continuous observation of the patients during irradiation. Windows, mirror systems, or closed-circuit television viewing screens used for observing the patient shall be so located that the operator may see the patient from his position at the control panel.

(b) An accelerator used only for the treatment of humans shall not be required to have an audible warning device within the treatment room as required by subparagraph (4)(h) of

Rule 0400-20-09-.17.

(c) An accelerator used only for the treatment of humans shall not be required to have a flashing or rotating warning light in the treatment room but shall have therein a readily observable warning light or lights that operate when and only when radiation is being produced.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-09-.22 MINIMUM SUBJECTS TO BE COVERED IN TRAINING ACCELERATOR

OPERATORS.

(1) Fundamentals of radiation safety.

(a) Characteristics of radiation.

(b) Units of radiation dose and exposure and quantity of radioactivity.

(d) Methods of controlling radiation dose and exposure.

Working time 2. Working distance 3. Shielding (2) Radiation detection instrumentation to be used.

(a) Use of radiation survey instruments.

Operation 2. Calibration 3. Limitations (b) Survey techniques.
Methods of surveys 2. Records which must be made and retained (c) Use of personnel monitoring equipment.

(3) Operation and control of accelerators.

(4) The requirements of state regulations.

(5) The registrant’s written operating and emergency procedures.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Chapter 0400-20-10 Licensing and Registration (Transferred from 1200-02-10 which was repealed)

Tenn. Comp. R. & Regs. 0400-20-10-.01 PURPOSE

This Chapter establishes requirements for the licensing and registration of sources of radiation.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.02 SCOPE

Except as otherwise specifically provided, no person shall manufacture, produce, receive, possess, use, transfer, own, or acquire radioactive material unless authorized in a specific or general license issued pursuant to this Chapter. All other sources of radiation, registered inspectors, and x-ray installations and services unless exempt from this Chapter under Rule 0400-20-10-.03, 0400-20-10-.04, 0400-20-10-.06,

Tenn. Comp. R. & Regs. 0400-20-10-.03 EXEMPTIONS: SOURCE MATERIAL

(1) Any person is exempt from this Chapter to the extent that such person receives, possesses, uses, or transfers source material in any chemical mixture, compound, solution or alloy in which the source material is by weight less than 1/20 of 1 percent (0.05 percent) of the mixture, compound, solution, or alloy.

(2) Any person is exempt from this Chapter to the extent that such person receives, possesses, uses or transfers unrefined and unprocessed ore containing source material; provided that, except as authorized in a specific license, such person shall not refine or process such ore.

(3) Any person is exempt from the requirements for a license set forth in Chapters 0400-20-04, 0400-20-05, and 0400-20-10 to the extent that such person receives, possesses, uses, or transfers:

(a) Any quantities of thorium contained in:

Incandescent gas mantles;
Vacuum tubes;
Welding rods;
Electric lamps for illuminating purposes provided that each lamp does not contain more than 50 milligrams of thorium;
Germicidal lamps, sunlamps, and lamps for outdoor or industrial lighting provided that each lamp does not contain more than two grams of thorium;
Rare earth metals and compounds, mixtures, and products containing not more than 0.25 percent by weight of thorium, uranium, or any combination of these; or 7. Personnel neutron dosimeters provided that each dosimeter does not contain more than 50 milligrams of thorium.

(b) Source material contained in the following products:

Glazed ceramic tableware manufactured before August 27, 2013, provided that the glaze contains not more than 20 percent by weight source material;
Piezoelectric ceramic containing not more than two percent by weight source material;
Glassware containing not more than two percent by weight source material or, for glassware manufactured before August 27, 2013, 10 percent by weight source material; but not including commercially manufactured glass brick, pane glass, ceramic tile, or other glass or ceramic used in construction;
Glass enamel or glass enamel frit containing not more than 10 percent by weight source material imported or ordered for importation into the United States, or initially distributed by manufacturers in the United States, before July 25, 1983.

(d) Any finished product or part fabricated of, or containing tungsten or magnesiumthorium alloys, provided that the thorium content of the alloy does not exceed four percent by weight and that the exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such product or part.

(e) Uranium contained in counterweights installed in aircraft, rockets, projectiles and missiles or stored or handled in connection with installation or removal of such counterweights, provided that:

Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: “DEPLETED URANIUM” [Depleting uranium means the source material uranium in which the isotope uranium-235 is less than 0.711 weight percent of the total uranium present];
Each counterweight is durably and legibly labeled or marked with the identification of manufacturer and the statement: “UNAUTHORIZED ALTERATIONS PROHIBITED” ; and 3. The exemption contained in this subparagraph shall not be deemed authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or other covering.

(f) Uranium used as shielding constituting part of any shipping container which is conspicuously and legibly impressed with the legend “CAUTION - RADIOACTIVE SHIELDING - URANIUM” and which is encased in mild steel or equally fire resistant metal of minimum wall thickness of 1/8 inch.

(g) Thorium or uranium contained in or on finished optical lenses and mirrors, provided that each lens or mirror does not contain more than 10 percent by weight thorium or uranium or, for lenses manufactured before August 27, 2013, 30 percent by weight of thorium; and that the exemption contained in this subparagraph shall not be deemed to authorize either:

The shaping, grinding, or polishing of such lens or mirror or manufacturing processes other than the assembly of such lens or mirror into optical systems and devices without any alteration of the lens or mirror; or 2. The receipt, possession, use or transfer of uranium or thorium contained in contact lenses or in spectacles or in eye pieces in binoculars or other optical instruments.

(h) Reserved.

(i) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that:

The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and 2. The thorium content in the nickel-thoria alloy does not exceed four percent by weight.

(4) The exemptions in paragraph (3) of this rule do not authorize the manufacture of any of the products described.

The requirements specified in parts 1 and 2 of this subparagraph need not be met by counterweights manufactured prior to December 31, 1969; provided that such counterweights were manufactured under a specific license issued by the Atomic Energy Commission and were impressed with the legend required by 10 CFR 40.13(c)(5)(ii) in effect on June 30, 1969.

(5) No person may initially transfer for sale or distribution a product containing source material to persons exempt under paragraph (3) of Rule 0400-20-10-.03, unless authorized by a license issued under 10 CFR 40.52 to initially transfer such products for sale or distribution.

(a) Persons initially distributing source material in products covered by the exemptions in paragraph (3) of Rule 0400-20-10-.03 before August 27, 2013, without specific authorization may continue such distribution for one year beyond this date (August 27, 2013). Initial distribution may also be continued until the U.S. NRC takes final action on a pending application for license or license amendment to specifically authorize distribution submitted no later than one year beyond this date.

(b) Persons authorized to manufacture, process, or produce these materials or products containing source material by the Division and persons who import finished products or parts, for sale or distribution must be authorized by a license issued under 10 CFR 40.52 for distribution only and are exempt from the requirements of Chapters 0400-20- 04 and 0400-20-05.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed September 1, 2021; effective November 30, 2021.

Tenn. Comp. R. & Regs. 0400-20-10-.04 EXEMPTIONS: RADIOACTIVE MATERIALS OTHER THAN SOURCE MATERIAL

(1) Exempt concentrations.

(a) Except as provided in subparagraphs (b) and (d) of this paragraph, any person is exempt from these rules to the extent that such person receives, possesses, uses, transfers, owns, or acquires products containing radioactive material introduced in concentrations not in excess of those listed in Schedule RHS 8-4.

(b) No person may introduce radioactive material into a product or material knowing or having reason to believe that it will be transferred to persons exempt under subparagraph (a) of this paragraph or equivalent regulations of the U.S. Nuclear Regulatory Commission, any Agreement State or Licensing State except in accordance with a license issued pursuant 10 CFR 32.11.

(c) This paragraph shall not be deemed to authorize the import of radioactive material or products containing radioactive material.

(d) A manufacturer, processor, or producer of a product or material is exempt from the requirements for a license set forth in these rules to the extent that this person transfers radioactive material contained in a product or material in concentrations not in excess of those specified in Schedule RHS 8-4 in the Appendix to this Chapter and introduced into the product or material by a licensee holding a specific license issued by the NRC expressly authorizing such introduction. This exemption does not apply to the transfer of radioactive material contained in any food, beverage, cosmetic, drug, or other commodity or product designed for ingestion or inhalation by, or application to, a human being.

(2) Certain items containing radioactive material other than source material.

(a) Except for persons who apply radioactive materials to or persons who incorporate radioactive material into the products listed in this paragraph, any person is exempt from these rules to the extent that he receives, possesses, uses, transfers, owns or acquires the following products ;

Timepieces or hands or dials containing not more than the following quantities of radioactive material and not exceeding the following specified levels of radiation:

(i) 25 millicuries of tritium per timepiece;

(ii) 5 millicuries of tritium per hand;

(iii) 15 millicuries of tritium per dial (bezels when used shall be considered as

part of the dial);

(iv) 100 microcuries of promethium-147 per watch or 200 microcuries of promethium-147 per any other timepiece;

(v) 20 microcuries of promethium-147 per watch hand or 40 microcuries of promethium-147 per other timepiece hand;

(vi) 60 microcuries of promethium-147 per watch dial or 120 microcuries of promethium-147 per other timepiece dial (bezels when used shall be considered part of the dial);

(vii) The levels of radiation from hands and dials containing radioactive materials will not exceed when measured through 50 milligrams per square centimeter of absorber:

(I) For wrist watches, 0.1 millirad per hour at 10 centimeters from any surface;

(II) For pocket watches, 0.1 millirad per hour at 1 centimeter from any surface;

(III) For any other timepiece, 0.2 millirad per hour at 10 centimeters from any surface.

(viii) One microcurie of radium-226 per timepiece in intact timepieces acquired prior to May 31, 1986.

Certain names devices and equipment (i) Static elimination device. Devices designed for use as static eliminators that contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 microcuries) of polonium-210 per device.

(ii) Ion generating tube. Devices designed for ionization of air that contain, as a sealed source or sources, radioactive material consisting of a total of not more than 18.5 MBq (500 microcuries) of polonium-210 per device or a total of not more than 1.85 GBq (50 millicuries) of hydrogen 3 (tritium) per device.

(iii) Such devices authorized before October 23, 2012 for use under the general license then provided in 10 CFR 31.3 and equivalent regulations of Agreement States and manufactured, tested, and labeled be the manufacturer in accordance with specifications contained in a specific license issued by the Nuclear Regulatory Commission.

Balances of precision containing not more than one millicurie of tritium per balance or not more than 0.5 millicurie of tritium per balance part manufactured before December 17, 2007.
Reserved.
Marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas manufactured before December 17, 2007.
Reserved.
Electron tubes containing not more than one of the following specified quantities of radioactive material per tube:

(i) 150 millicuries of tritium per microwave receiver protector tube or 10 millicuries of tritium per any other electron tube;

(ii) 1 microcurie of cobalt-60;

(iii) 5 microcuries of nickel-63;

(iv) 30 microcuries of krypton-85;

(v) 5 microcuries of cesium-137;

(vi) 30 microcuries of promethium-147; provided, the levels of radiation from each electron tube containing radioactive material do not exceed 1 millirad per hour at 1 centimeter from any surface when measured through 7 milligrams per square centimeter of absorber.

Reserved.
Reserved.
Reserved.
Ionizing radiation measuring instruments containing, for purposes of internal calibration or standardization, one or more sources of radioactive material; provided that:

(i) Each source contains no more than one exempt quantity set forth in Schedule RHS 8-3;

“Electron tubes”, as used in this subparagraph, include spark gap tubes, power tubes, gas tubes, including glow lamps, receiving tubes, microwave tubes, indicator tubes, pickup tubes, radiation detection tubes and any other completely sealed tube that is designed to conduct or control electrical currents.

(ii) Each instrument contains no more than 10 exempt quantities. For purposes of this part, an instrument’s source(s) may contain either one type or different types of radionuclides and an individual exempt quantity may be composed of fractional parts of one or more of the exempt quantities in Schedule RHS 8-3, provided that the sum of such fractions shall not exceed unity; and (iii) For purposes of this part, 0.05 microcuries of americium-241 is considered an exempt quantity under Schedule RHS 8-3.

Reserved.
Ionization chamber smoke detectors containing not more than 1 microcurie (μCi) of americium-241 per detector in the form of a foil and designed to protect life and property from fires.

(b) Any person who desires to apply radioactive material to, or to incorporate radioactive material into, the products exempted in subparagraph (a) of this paragraph or who desires to initially transfer for sale or distribution such products containing radioactive material, should apply for a specific license pursuant to 10 CFR 32.14, which license states that the product may be distributed by the licensee to persons exempt from subparagraph (a) of this paragraph.

(3) Exempt quantities.

(a) Except as provided in subparagraphs (c) through (e) of this paragraph, any person is exempt from these rules to the extent that such person receives, possesses, uses, transfers, owns, or acquires radioactive material in individual quantities each of which does not exceed the applicable quantity set forth in Schedule RHS 8-3.

(b) Any person who possesses radioactive material received or acquired before September 25, 1971, under the general license formerly provided in this Chapter is exempt from the requirements for a license set forth in this Chapter to the extent that such person possesses, uses, transfers, or owns such radioactive material.

(c) This paragraph does not authorize the production, packaging or repackaging of radioactive material for purposes of commercial distribution, or the incorporation of radioactive material into products intended for commercial distribution.

(d) No person may, for purposes of commercial distribution, transfer radioactive material in the individual quantities set forth in Schedule RHS 8-3, knowing or having reason to believe that such quantities of radioactive material will be transferred to persons exempt under this paragraph or equivalent regulations of the U.S. Nuclear Regulatory Commission, any Agreement State, or any Licensing State, except in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission pursuant to

Section 32.18 of 10 CFR Part 32 or by the Department pursuant to paragraph (14) of

Rule 0400-20-10-.13 which license states that the radioactive material may be transferred by the licensee to persons exempt under this paragraph or the equivalent regulations of the U.S. Nuclear Regulatory Commission, an Agreement State or Licensing State.

(e) No person may, for purposes of producing an increased radiation level, combine quantities of radioactive material covered by this exemption so that the aggregate quantity exceeds the limits set forth in Schedule RHS 8-3 in the Appendix to this

Chapter, except for radioactive material combined within a device placed in use before May 3, 1999, or as otherwise permitted by the rules in this Chapter.

(4) Capsules containing carbon-14 urea for ‘in vivo’ diagnostic use for humans.

(a) Except as provided in subparagraphs (b) and (c) of this paragraph, any person is exempt from these rules to the extent that such person receives, possesses, uses, transfers, owns or acquires capsules containing 1 microcurie (37 kilobecquerels) carbon-14 urea (allowing for nominal variation that may occur during the manufacturing process) each, for ‘in vivo’ diagnostic use for humans.

(b) Any person who desires to use the capsules for research involving human subjects shall apply for and receive a specific license under this Chapter.

(c) Any person who desires to manufacture, prepare, process, produce, package, repackage, or transfer for commercial distribution such capsules shall apply for and receive a specific license pursuant to 10 CFR 32.21.

(d) Nothing in this paragraph relieves persons from complying with applicable FDA, other federal and state requirements governing receipt, administration and use of drugs.

(5) Gas and aerosol detectors containing radioactive material.

(a) Except for persons who manufacture, process, produce, or initially transfer for sale or distribution gas and aerosol detectors containing radioactive material, any person is exempt from the requirements of Chapters 0400-20-04, 0400-20-05, and 0400-20-10, to the extent that such person receives, possesses, uses, transfers, owns, or acquires radioactive material in gas and aerosol detectors designed to protect health, safety, or property provided that detectors containing radioactive material shall have been manufactured, processed, produced, or initially transferred in accordance with a specific license issued by the U.S. Nuclear Regulatory Commission pursuant to section 32.26 of 10 CFR Part 32. This exemption also covers gas and aerosol detectors manufactured or distributed before December 8, 2011, in accordance with a specific license issued by an Agreement State under comparable provisions to 10 CFR 32.36 authorizing distribution to persons exempt from regulatory requirements.

(b) Any person who desires to manufacture, process, or produce gas and aerosol detectors containing radioactive material, or to initially transfer such products for use under subparagraph (a) of this paragraph, should apply for a license under 10 CFR 32.26 and for a certificate of registration in accordance with 10 CFR 32.210.

(6) Self luminous products containing radioactive material.

(a) Except for persons who manufacture, process, produce, or initially transfer for sale or distribution self-luminous products containing tritium, krypton-85, or promethium-147, any person is exempt from these rules to the extent that such person receives, possesses, uses, transfers, owns or acquires tritium, krypton-85, promethium-147 in self luminous products manufactured, processed, produced, imported, or transferred in

Authority to transfer possession or control by the manufacturer, processor or producer of any equipment, device, commodity, or other product containing radioactive material, whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirements may be obtained only from the U.S. Nuclear Regulatory Commission, Washington, DC 20555. accordance with a specific license issued by the U.S. Nuclear Regulatory Commission pursuant to Section 32.22 of 10 CFR Part 32, which license authorizes the transfer of the product to persons who are exempt from regulatory requirements.

(b) Any person who desires to manufacture, process, or produce, or initially transfer for sale or distribution self-luminous products containing tritium, krypton-85, or promethium-147 for use under subparagraph (a) of this paragraph, should apply for license under 10 CFR 32.22 and for a certificate of registration in accordance with 10 CFR 21.210.

(c) The exemption in subparagraph (a) of this paragraph does not apply to tritium, krypton- 85, or promethium-147 used in products for frivolous purposes or in toys or adornments.

(d) Any person is exempt from these rules to the extent that such person receives, possesses, uses, transfers, or owns self luminous products containing less than 0.1 microcurie of radium-226 which were acquired prior to September 28, 1991.

(7) Certain industrial devices.

(a) Except for persons who manufacture, process, produce, or initially transfer for sale or distribution industrial devices containing radioactive material designed and manufactured for the purpose of detecting measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing an ionized atmosphere, any person is exempt from the requirements for a license set forth in Chapters 0400-20-05, 0400-20-07, 0400-20-08, 0400-20-10, and 0400-20-12 to the extent that such person receives, possesses, uses, transfers, owns, or acquires radioactive material, in these certain detecting, measuring, gauging, or controlling devices and certain devices for producing an ionized atmosphere, and manufactured, processed, produced in accordance with a specific license issued under 10 CFR 32.30, which license authorizes the initial transfer of the device for use under this paragraph. This exemption does not cover sources not incorporated into a device, such as calibration and reference sources.

(b) Any person who desires to manufacture, process, produce, or initially transfer for sale or distribution industrial devices containing radioactive material for use under subparagraph (a) of this paragraph, should apply for a license under 10 CFR 32.30 and for a certificate of registration in accordance with 10 CFR 32.210.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective November 30, 2021.

Tenn. Comp. R. & Regs. 0400-20-10-.05 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.06 EXEMPTIONS: U.S

DEPARTMENT OF ENERGY AND U.S. NUCLEAR

REGULATORY COMMISSION.

Any contractor or subcontractor of the U.S. Department of Energy (DOE) or the U.S. Nuclear Regulatory Commission (NRC) of the following categories operating within this State is exempt from these regulations to the extent that such contractor or subcontractor under his contract receives, possesses, uses, transfers or acquires sources of radiation:

(1) Prime contractors performing work for DOE at U.S. Government-owned or controlled sites including the transportation of sources of radiation to or from such sites and the performance of contract services during temporary interruption of such transportation;

(2) Prime contractors of DOE performing research in, or development, manufacture, storage, testing or transportation of atomic weapons or components thereof;

(3) Prime contractors of DOE using or operating nuclear reactors or other nuclear devices in the U.S. Government-owned vehicle or vessel; and (4) Any other prime contractor or subcontractor of DOE or NRC when the State and NRC jointly determine that:

(a) Under the terms of the contract or subcontract, there is assurance that the work thereunder can be accomplished with protection of the public health and safety; and (b) The exemption of such contractor or subcontractor is authorized by law.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.07 OTHER EXEMPTIONS

(1) The following machines and equipment are exempt from these regulations:

(a) Domestic television receivers, providing the exposure rate at 5 centimeters from any outer surface is less than 0.5 milliroentgen per hour.

(b) Other electrical equipment that produces radiation incidental to its operation for other purposes, providing the dose rate to the whole body at the point of nearest approach to such equipment when any external shielding is removed does not exceed 0.5 rem per year. The production testing or factory servicing for such equipment shall not be exempt.

(d) Radiation machines which are totally unusable except for salvage parts.

(2) Equipment described in paragraph (1) of this rule shall not be exempt if it is used or handled in such a manner that any individual might receive a dose of radiation in excess of the limits specified in these regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.08 TYPES OF LICENSES

(1) Licenses for radioactive materials are of two types:

(a) General licenses provided for in this Chapter are effective without the filing of applications with the Division or the issuance of licensing documents to particular persons; however, the Division will require reporting of devices covered by the particular general license in accordance with part (2)(c)13 of Rule 0400-20-10-.10.

(b) Specific licenses are issued to named persons upon applications filed pursuant to this

Chapter.

(2) Reserved.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.09 , or provisions equivalent to Rule 0400-20-10-.09, will be approved if:

(a) The applicant satisfies the general requirements specified in Rule 0400-20-10-.12; and (b) The applicant submits adequate information on, and the Division approves, the methods to be used for quality control, labeling, and providing safety instructions to recipients.

(4) Multiple quantities of types of radioactive material for use in research and development. In addition to the requirements set forth in Rule 0400-20-10-.12, a specific license for multiple quantities or types of radioactive material for use in research and development will be issued only if:

(a) The applicant has established an isotope committee (composed of such persons as a radiological safety officer, a representative of the business office, and one or more persons trained or experienced in the safe use of radioactive materials) which will review and approve, in advance of purchase of radioisotopes, proposals for use; and (b) The applicant has appointed a radiological safety officer who will advise and assist on radiological safety problems.

(5) Manufacture, distribution or initial distribution of devices to persons generally licensed under paragraph (2) of Rule 0400-20-10-.10.

(a) In addition to the requirements set forth in Rule 0400-20-10-.12, a specific license to distribute certain devices of the types enumerated in paragraph (2) of Rule 0400-20-10- .10 to persons generally licensed under paragraph (2) of Rule 0400-20-10-.10 or equivalent regulations of the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State will be issued only if:

The applicant submits sufficient information relating to the design, manufacture, prototype testing, quality control, labels, proposed uses, installation, servicing, leak testing, operating and safety instructions, and potential hazards of the device to provide assurance that:

(i) The device can be safely operated by persons not having training in radiological protection;

(ii) Under ordinary conditions of handling, storage and use of the device, the radioactive material contained in the device will not be released or inadvertently removed from the device, and no person will receive in 1 year a dose in excess of 10 percent of the limits specified in Rule 0400-20-05- .50; and (iii) Under accident conditions (such as fire and explosion) associated with handling, storage and use of the device, it is unlikely that any person would receive an external radiation dose or dose commitment in excess of the dose to the appropriate organ as specified in Table RHS 7-1:

TABLE RHS 7-1

TABLE OF ORGAN DOSES

Part of Body rem mSv/Sv __________________________________________________________ Whole body; head and trunk; active blood forming organs; gonads; or lens of eye 15 150 mSv Hands and forearms; feet and ankles; localized areas of skin averaged over areas no larger than 1 square centimeter 200 2 Sv Other organs 50 500 mSv __________________________________________________________ 2. Each device bears a durable, legible clearly visible label or labels approved by the Division that contain(s) in a clearly identified and separate statement:

(i) Instructions and precautions for safe installation, operation and servicing of the device (documents such as operating and service manuals may be identified in the label and used to provide this information);

(ii) The requirements, or lack of requirement, for leak testing, or for testing any on-off mechanism and indicator, including the maximum time interval for such testing, and the identification of the radioactive material by isotope, quantity of radioactivity and date of determination of the quantity; and (iii) The information called for in one of the following statements in the same or similar form:

(I) The receipt, possession, use, and transfer of this device, Model __________, Serial No. __________, are subject to a general license or the equivalent and the regulations of the U.S. Nuclear Regulatory Commission or of a State with which the NRC has entered into an agreement for the exercise of regulatory authority.

This label shall be maintained on the device in a legible condition.

Removal of this label is prohibited.

CAUTION – RADIOACTIVE MATERIAL _____________________________________

(Name of manufacturer or distributor)

(II) The receipt, possession, use and transfer of this device Model __________, Serial No. __________, are subject to a general license or the equivalent and the regulations of a Licensing State.

This label shall be maintained on the device in a legible condition.

Removal of this label is prohibited.

If specified elsewhere in labeling affixed to the device, the model, serial number and manufacturer or distributor may be omitted from this label.

CAUTION – RADIOACTIVE MATERIAL _____________________________________

(Name of manufacturer or distributor)

Each device having a separable source housing that provides the primary shielding for the source also bears, on the source housing, a durable label containing the device model number and serial number, the isotope and quantity, the words “CAUTION – RADIOACTIVE MATERIAL,” and, if practicable, the radiation symbol described in Rule 0400-20-05-.110 and the name of the manufacturer or initial distributor.
Each device meeting the criteria of Rule 0400-20-10-.10 bears a permanent (e.g., embossed, etched, stamped, or engraved) label affixed to the source housing if separable, or the device if the source housing is not separable, that includes the words, “CAUTION – RADIOACTIVE MATERIAL,” and, if practicable, the radiation symbol described in Rule 0400-20-05-.110.
The device has been registered in the Sealed Source and Device Registry.

(b) In the event the applicant desires that the device be tested at intervals longer than 6 months, either for proper operation of the on-off mechanism and indicator, if any, or for leakage of radioactive material, or for both, he shall include in his application information to demonstrate that such longer interval is justified by performance characteristics of the device or similar devices, and by design features that have a significant bearing on the probability or consequences of leakage of radioactive material or failure of the on-off mechanism indicator. In determining the acceptable interval for the test for leakage of radioactive material, the Division will consider information that includes, but is not limited to:

Primary containment (source capsule);
Protection of primary containment;
Method of sealing containment;
Containment construction materials;
Form of contained radioactive material;
Maximum temperature withstood during prototype tests;
Maximum pressure withstood during prototype tests;
Maximum quantity of contained radioactive material;
Radiotoxicity of contained radioactive material; and 10. Operating experience with identical devices or similarly designed and constructed devices;

Tenn. Comp. R. & Regs. 0400-20-10-.10 shall:

(a) Provide the Division written notification, at the address in Rule 0400-20-04-.07, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11 (Bankruptcy) of the United States Code (U.S.C.):

By or against the licensee;
By or against an entity (as that term is defined in 11 U.S.C. 101(15)) controlling the licensee or listing the license or licensee as property of the estate; or 3. By or against an affiliate (as that term is defined in 11 U.S.C. 101(2)) of the licensee;

(b) Include in the notification required in subparagraph (a) of this paragraph the bankruptcy court in which the petition for bankruptcy was filed; and (c) Include in the notification required in subparagraph (a) of this paragraph the date of the filing of the petition.

(8) When temporary job-sites are authorized on a specific license, radioactive material may be used at temporary job-sites, in areas not under exclusive federal jurisdiction, throughout the State of Tennessee.

(9) Each portable gauge licensee shall use a minimum of 2 independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, whenever portable gauges are not under the control and constant surveillance of the licensee.

(10) (a) Authorization under paragraph (8) of Rule 0400-20-10-.11 to produce Positron Emission Tomography (PET) radioactive drugs for noncommercial transfer to medical use licensees in its consortium does not relieve the licensee from complying with applicable FDA, other Federal, and Agreement State requirements governing radioactive drugs.

(b) Each licensee authorized under paragraph (8) of Rule 0400-20-10-.11 to produce PET radioactive drugs for noncommercial transfer to medical use licensees in its consortium shall:

Satisfy the labeling requirements in part (10)(a)4 of Rule 0400-20-10-.13 for each PET radioactive drug transport radiation shield and each syringe, vial, or other container used to hold a PET radioactive drug intended for noncommercial distribution to members of its consortium; and 2. Possess and use instrumentation to measure the radioactivity of the PET radioactive drugs intended for noncommercial distribution to members of its consortium and meet the procedural, radioactivity measurement, instrument test, instrument check, and instrument adjustment requirements in subparagraph (10)(c) of Rule 0400-20-10-.13.

(c) A licensee that is a pharmacy authorized under paragraph (8) of Rule 0400-20-10-.11 to produce PET radioactive drugs for noncommercial transfer to medical use licensees in its consortium shall require that any individual that prepares PET radioactive drugs shall be:

An authorized nuclear pharmacist that meets the requirements in part (10)(b)2 of

Rule 0400-20-10-.13, or 2. An individual under the supervision of an authorized nuclear pharmacist as specified in Rule 0400-20-07-.19.

(d) A pharmacy, authorized under paragraph (8) of Rule 0400-20-10-.11 to produce PET radioactive drugs for noncommercial transfer to medical use licensees in its consortium that allows an individual to work as an authorized nuclear pharmacist, shall meet the requirements of part (10)(b)5 of Rule 0400-20-10-.13.

(11) Each person licensed under paragraph (3) of Rule 0400-20-10-.13 shall:

(a) Label the immediate container of each quantity of source material with the type of source material and quantity of material and the words, “radioactive material.”

(b) Ensure that the quantities and concentrations of source material are as labeled and indicated in any transfer records.

(c) Provide the information specified in this subparagraph to each person to whom source material is transferred for use under Rule 0400-20-10-.09. This information must be transferred before the source material is transferred for the first time in each calendar year to the particular recipient. The required information includes:

A copy of Rule 0400-20-10-.09 and Rule 0400-20-10-.22.
Appropriate radiation safety precautions and instructions relating to handling, use, storage, and disposal of the material.

(d) Report transfers as follows:

File a report with the Director, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. The report shall include the following information:

(i) The name, address, and license number of the person who transferred the source material;

(ii) For each general licensee under Rule 0400-20-10-.09 or provisions equivalent to Rule 0400-20-10-.09 to whom greater than 50 grams (0.11 lb) of source material has been transferred in a single calendar quarter, the name and address of the general licensee to whom source material is distributed; a responsible agent, by name and/or position and phone number, of the general licensee to whom the material was sent; and the type, physical form, and quantity of source material transferred; and (iii) The total quantity of each type and physical form of source material transferred in the reporting period to all such generally licensed recipients.

File a report with the Director, Division of Radiological Health, to the address given in subparagraph (1)(c) of Rule 0400-20-04-.07, in addition to each responsible Agreement State Agency, that identifies all persons, operating under

Rule 0400-20-10-.09 or provisions equivalent to 0400-20-10-.09, to whom greater than 50 grams (0.11 lb) of source material has been transferred within a single calendar quarter. The report shall include the following information (limited, for reports to other Agreement State Agencies, to information specific to those transfers made to the Agreement State being reported to):

(i) The name, address, and license number of the person who transferred the source material;

Submit each report by January 31 of each year covering all transfers for the previous calendar year. If no transfers were made to persons generally licensed under Rule 0400-20-10-.09 or provisions equivalent to Rule 0400-20-10-.09, during the current period, a report shall be submitted to the NRC, Division, and, upon request, the appropriate Agreement State Agency indicating so.

(e) Maintain all information that supports the reports required by this paragraph concerning each transfer to a general licensee for a period of one year after the event is included in a report.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed March 3, 2015; effective June 1, 2015. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-10-.11 FILING OF APPLICATION FOR SPECIFIC LICENSES

(1) Application for specific licenses shall be filed in duplicate on a form prescribed by the Division.

(2) The Division may at any time after the filing of the original application, and before the expiration of the license, require further statements in order to enable the Division to determine whether the application should be granted or denied or whether a license should be modified or revoked.

(3) Each application shall be signed by the applicant or licensee or a person duly authorized to act for and on his behalf.

(4) An application for a license may include a request for a license authorizing one or more activities.

(5) In his application, the applicant may incorporate by reference information contained in previous applications, statements or reports filed with the Division provided such references are specific.

(6) Applications and documents submitted to the Division may be made available for public inspection except that the Division may withhold any document or part thereof from public inspection if disclosure of its contents involves proprietary information.

(7) (a) An application for a specific license to use radioactive material in the form of a sealed source or in a device that contains the sealed source shall either:

Identify the source or device by manufacturer and model number as registered with the NRC under 10 CFR 32.210 or with an Agreement State or for a source or a device containing radium-226 or accelerator-produced radioactive material with an Agreement State under provisions comparable to 10 CFR 32.210; or 2. Contain the information identified in 10 CFR 32.210(c).

(b) For sources or devices manufactured prior to September 12, 2017, that are not registered with the NRC under 10 CFR 32.210 or with an Agreement State, and for which the applicant is unable to provide all categories of information specified in 10 CFR 32.210(c), the applicant must provide:

All available information identified in 10 CFR 32.210(c) concerning the source, and, if applicable, the device; and 2. Sufficient additional information to demonstrate that there is reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property. Such information must include a description of the source or device, a description of radiation safety features, the intended use and associated operating experience, and the results of a recent leak test.

(c) For sealed sources and devices allowed to be distributed without registration of safety information in accordance with part (18)(g)1 of Rule 0400-20-10-.13, the applicant may supply only the manufacturer, model number, and radionuclide and quantity.

(d) If it is not feasible to identify each sealed source and device individually, the applicant may propose constraints on the number and type of sealed sources and devices to be used and the conditions under which they will be used, in lieu of identifying each sealed source and device.

(8) An application from a medical facility, educational institution, or Federal facility to produce Positron Emission Tomography (PET) radioactive drugs for noncommercial transfer to licensees in its consortium authorized for medical use under Chapter 0400-20-07 or equivalent Agreement State requirements shall include:

(a) A request for authorization for the production of PET radionuclides or evidence of an existing license issued under this Chapter or Agreement State requirements for a PET radionuclide production facility within its consortium from which it receives PET radionuclides;

(b) Evidence that the applicant is qualified to produce radioactive drugs for medical use by meeting one of the criteria in part (10)(a)2 of Rule 0400-20-10-.13;

(c) Identification of individual(s) authorized to prepare the PET radioactive drugs if the applicant is a pharmacy, and documentation that each individual meets the requirements of an authorized nuclear pharmacist as specified in part (10)(b)2 of Rule

Tenn. Comp. R. & Regs. 0400-20-10-.12 GENERAL REQUIREMENTS FOR THE ISSUANCE OF SPECIFIC LICENSES

A license application will be approved if the Division determines that:

(1) The applicant has properly trained a sufficient number of personnel to use the material in question for the purpose required in accordance with these regulations in such a manner as to protect the public health and safety or property;

(2) The applicant’s proposed equipment, facilities and procedures are in good repair and working order and designed to protect the public health and safety or property;

(3) The applicant satisfies all applicable requirements of these regulations;

(4) The applicant or an existing licensee in any of the classes specified in subparagraph (a) of this paragraph and not otherwise specifically exempted by subparagraph (m) of this paragraph has provided financial assurance and a decommissioning funding plan as herein specified. (See paragraph (6) of this Rule for definitions of terms used in this paragraph.)

(a) Classes for financial assurance:

Major processors;
Waste handlers;
Ore refineries;
Cyclotrons and any other machine that produces activated products;
Fusion machines;
Former AEC or NRC licensed facilities; and 7. Other persons with or applicants for a specific license as determined by the Commissioner.

(b) The financial assurance shall be filed with and maintained by the Director, in a dollar amount determined by the Commissioner as necessary to provide for the protection of public health and safety in the event of abandonment, insolvency, or other inability of the licensee to perform to the satisfaction of the Commissioner. In no instance shall the amount determined by the Commissioner be less than the decommissioning cost estimate.

A detailed decommissioning cost estimate, in an amount reflecting:

(i) The cost of an independent contractor to perform all decommissioning activities taking into account the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of sources of radiation used by the specific licensee, the costs of reclamation of the property, and any other relevant considerations;

(ii) The cost of meeting the 0400-20-10-.36 criteria for unrestricted use, provided that, if the applicant or licensee can demonstrate its ability to meet the provisions of paragraph (3) of Rule 0400-20-10-.36, the cost estimate may be based on meeting the paragraph (3) of Rule 0400-20-10- .36 criteria;

(iii) The volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the criteria for license termination; and (iv) An adequate contingency factor;

Identification of and justification for using the key assumptions contained in the decommissioning cost estimate;
A description of the method of assuring funds for decommissioning from subparagraph (f) of this paragraph, including means for adjusting cost estimates and associated funding levels periodically over the life of the facility;
A certification by the licensee that financial assurance for decommissioning has been provided in the amount of the cost estimate for decommissioning; and 5. A signed original of the financial instrument obtained to satisfy the requirements of subparagraph (f) of this paragraph (unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning).

(d) At the time of license renewal and at intervals not to exceed three years, the decommissioning funding plan must be resubmitted with adjustments as necessary to account for changes in costs and the extent of contamination. If the amount of financial assurance will be adjusted downward, this cannot be done until the updated decommissioning funding plan is approved. The decommissioning funding plan must update the information submitted with the original or prior approved plan, and must specifically consider the effect of the following events on decommissioning costs:

Spills of radioactive material producing additional residual radioactivity in onsite subsurface material;
Waste inventory increasing above the amount previously estimated;
Waste disposal costs increasing above the amount previously estimated;
Facility modifications;
Changes in authorized possession limits;
Actual remediation costs that exceed the previous cost estimate;
Onsite disposal; and 8. Use of a settling pond.

(e) Each applicant or licensee of each facility to which it is applicable must file and maintain with the Director financial assurance in accordance with the requirements of this subparagraph.

The applicant or licensee must choose from the financial assurance mechanisms as specified in subparagraph (f) of this paragraph. (NOTE: See also subparagraphs (g), (h), and (i) of this paragraph.)
The applicant or licensee must file and maintain financial assurance in an amount at least equal to the current decommissioning cost estimate, unless the Commissioner determines that a greater amount must be filed and maintained in accordance with subparagraph (b) of this paragraph.

(i) Whenever the decommissioning cost estimate increases to an amount greater than the amount of financial assurance currently filed with the Director, the licensee must, within 60 days after the increase, file additional financial assurance at least equal to this increase.

(ii) Whenever the current decommissioning cost estimate decreases, and upon the written request of the licensee, the Commissioner shall, provided the decrease is validated, reduce the amount of financial assurance required for the facility to the amount of the current decommissioning cost estimate. Upon such occurrence, the Director shall, as appropriate considering the financial assurance mechanism(s) on file, either cause to be released to the licensee cash or collateral equal to this reduction or allow the licensee to substitute for the mechanism(s) on file a new mechanism(s) in the reduced amount.

An applicant for a license must file the financial assurance instruments(s) before the license can be issued.
The financial assurance must be maintained by the applicant or licensee until the Commissioner releases the licensee from the requirements of this subparagraph, as specified in this part, or until the Commissioner orders forfeiture of the financial assurance as provided in part 5 of this subparagraph.
The Commissioner may order that any financial assurance filed by a licensee pursuant to this subparagraph be forfeited to the State if the Commissioner determines that the licensee has failed to perform decommissioning in a manner deemed acceptable by the Commissioner to assure health and safety from radiation hazards and other license requirements when required to do so. Any such forfeiture action shall follow the procedures provided in subparagraph (j) of this paragraph.

(f) Mechanisms of financial assurance.

Surety Bond An applicant or licensee may satisfy the requirements of subparagraph (e) of this paragraph by obtaining and filing a surety bond which conforms to the requirements of this part.

(i) The surety company issuing the bond must be licensed to do business as a surety in Tennessee.

(ii) The wording of the surety bond must be identical to the wording specified in part (l)1 of this paragraph.

(iii) The bond must guarantee that:

(I) Funds will be available to perform decommissioning in a manner deemed acceptable by the Commissioner to assure health and safety from radiation hazards and other requirements of the license for the facility whenever required to do so.

(II) The licensee will provide alternate financial assurance as specified in this paragraph and obtain the Director’s written approval of the assurance provided within 90 days of receipt by both the licensee and the Director of a notice of cancellation of the bond from the surety.

(iv) Under the terms of the bond, the surety will become liable on the bond obligation when the licensee fails to perform as guaranteed by the bond.

Following a determination by the Commissioner that the licensee has failed to so perform, under the terms of the bond the surety will perform decommissioning to the satisfaction of the State as guaranteed by the bond or will forfeit the amount of the penal sum, as provided in part (e)5 of this paragraph.

(v) The penal sum of the bond must be in an amount at least adequate to provide the necessary financial assurance.

(vi) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the licensee and to the Director.

Cancellation may not occur, however, during the 180 days beginning on the date of receipt of the notice of cancellation by both the licensee and the Director, as evidenced by the return receipts.

(vii) The surety will not be liable for deficiencies in the performance of decommissioning after the Commissioner releases the licensee from the financial assurance requirements as provided in part (e)4 of this paragraph.

Personal Bond Supported by a Letter of Credit An applicant or licensee may satisfy the requirements of subparagraph (e) of this paragraph by filing his personal performance guarantee accompanied by collateral in the form of an irrevocable standby letter of credit. He must guarantee funds to perform decommissioning in accordance with acceptable practice for protection of health and safety and other requirements of the license for the facility. The irrevocable standby letter of credit supporting this guarantee must conform to the following requirements:

(i) The institution issuing the letter of credit must be an entity which has the

authority to issue letter of credit and whose letter-of-credit operations are regulated and examined by a Federal or State agency.

(ii) The wording of the letter of credit must be identical to the wording specified in part (l)2 of this paragraph.

(iii) The letter of credit must be accompanied by a letter from the licensee referring to the letter of credit by number, issuing institution and date and providing the following information: The radioactive material license number, name and address of the facility and the amount of funds assured for decommissioning of the facility by the letter of credit. (NOTE: This letter from the licensee may also contain his personal performance guarantee.)

(iv) The letter of credit must be irrevocable and issued for a period of at least one year. The letter of credit must provide that the expiration date will be automatically extended for a period of at least one year unless, at least 180 days before the current expiration date, the issuing institution notifies both the licensee and the Director by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 180 days will begin on the date when both the licensee and the Director have received the notice, as evidenced by the return receipts.

(v) The letter of credit must be issued in an amount at least adequate to provide the necessary financial assurance.

(vi) The Commissioner may draw on the letter of credit upon forfeiture as provided in part (e)5 of this paragraph. The Commissioner will also draw on the letter of credit if the licensee does not establish alternate financial assurance as specified in this paragraph and obtain written approval of such alternate assurance from the Director within 90 days after receipt by both the licensee and the Director of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date. The Director may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Commissioner will draw on the letter of credit if the licensee has failed to provide alternate financial assurance as specified in this paragraph and obtain written approval of such assurance from the Director.

Personal Bond Supported by Insurance An applicant or licensee may satisfy the requirements of subparagraph (e) of this paragraph by filing his personal performance guarantee accompanied by collateral in the form of an insurance policy. He must guarantee funds sufficient to perform decommissioning in a manner deemed acceptable by the Commissioner for protection of health and safety and other requirements of the license for the facility. The insurance policy supporting this guarantee must conform to the following requirements:

(i) The insurer must be licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in the State of Tennessee.

(ii) The insurance policy must be accompanied by a certificate of insurance whose wording is identical to the wording specified in part (l)3 of this paragraph.

(iii) The insurance policy must be for a face amount at least adequate to provide the necessary financial assurance. The term “face amount” means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer’s future liability will be lowered by the amount of the payments.

(iv) The insurance policy must guarantee that funds will be available for decommissioning whenever decommissioning is necessary.

(v) Upon forfeiture of financial assurance as provided in part (e)5 of this paragraph, the Commissioner will direct the insurer to pay the full face amount to the State.

(vi) The licensee must maintain the policy in full force and effect until the Commissioner releases the financial assurance mechanism as provided in this paragraph. Failure to pay the premium, without substitution of alternate financial assurance as specified in this paragraph, will constitute a significant violation of these rules, warranting such remedy as the Commissioner deems necessary. Such violation will be deemed to begin upon receipt by the Director of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.

(vii) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the licensee and the Director. Cancellation, termination, or failure to renew may not occur, however, during the 180 days beginning with the date of receipt of the notice by both the Director and the licensee, as evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will remain in full force and effect in the event that on or before the date of expiration:

(I) The Commissioner deems the facility abandoned;

(II) The license is terminated or revoked or renewal is denied;

(III) Closure is ordered by the Commissioner or a court of competent jurisdiction;

(IV) The licensee is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or (V) The premium due is paid.

(viii) Commencing on the date that liability to make payments pursuant to the policy accrues, the insurer will thereafter annually increase the face amount of the policy. Such increase must be equivalent to the face amount of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of the equivalent coupon-issue yield announced by the U.S. Treasury for 26-week Treasury securities.

Personal Bond Supported by Securities An applicant or licensee may satisfy the requirements of subparagraph (e) of this paragraph by filing his personal performance guarantee accompanied by collateral in the form of securities. He must guarantee sufficient funds to perform decommissioning in accordance with acceptable practices for protection of health and safety and other requirements of the license for the facility. The securities supporting this guarantee must be fully registered as to principal and interest in such manner as to identify the State and the Division as holder of such collateral and to also identify that person filing such collateral. These securities must have a current market value at least adequate to provide the necessary financial assurance and must be included among the following types:

(i) Negotiable certificates of deposit assigned irrevocably to the State.

(I) Such certificates of deposit must be automatically renewable and must be assigned to the State in writing and recorded as such in the records of the financial institution issuing such certificate.

(II) Such certificates of deposit must also include a statement signed by an officer of the issuing financial institution which waives all rights of lien which the institution has or might have against the certificate.

(ii) Negotiable United States Treasury securities assigned irrevocably to the State.

(iii) Negotiable general obligation municipal or corporate bonds which have at least an “A” rating by Moody’s and/or Standard & Poor’s rating services and which are assigned irrevocably to the State.

Personal Bond Supported by Cash An applicant or licensee may satisfy the requirements of subparagraph (e) of this paragraph by filing his personal performance guarantee accompanied by cash in an amount at least adequate to provide the necessary financial assurance.
Financial Test and Corporate Guarantee (i) An applicant or licensee may satisfy the requirements of subparagraph (e) of this paragraph by demonstrating that he passes a financial test as specified in this part. To pass this test the licensee must meet the criteria of either item (I) or (II) of this subpart as follows:

(I) The applicant or licensee must have:

I. Two of the following three ratios: a ratio of total liabilities to net worth less than 2.0, a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1, and a ratio of current assets to current liabilities greater than 1.5;

II. Net working capital and tangible net worth each at least six times the current decommissioning cost estimate;

III. Tangible net worth of at least $10 million; and IV. Assets in the United States amounting to at least 90 percent of this total assets or at least six times the current decommissioning cost estimate.

(II) The applicant or licensee must have:

I. A current rating for his most recent bond issuance of AAA, AA, A or BBB as issued by Standard & Poor’s, or Aaa, Aa, A or Baa as issued by Moody’s;

II. Tangible net worth at least six times the current decommissioning cost estimate;

III. Tangible net worth of at least $10 million; and IV. Assets located in the United States amounting to at least 90 percent of his total assets or at least six times the current decommissioning cost estimate.

(ii) The phrase “current decommissioning cost estimates” as used in subpart (i) of this part refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the applicant’s or licensee’s chief financial officer.

(iii) To demonstrate that he meets this test, the applicant or licensee must submit the following items to the Director:

(I) A letter signed by the applicant’s or licensee’s chief financial officer and worded as specified in part (l)4 of this paragraph;

(II) A copy of the independent certified public accountant’s report on examination of the applicant’s or licensee’s financial statements for the latest completed fiscal year; and (III) A special report from the applicant’s or licensee’s independent certified public accountant to the applicant or licensee stating that:

I. He has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and II. In connection with that procedure, no matters came to his attention which caused him to believe that the specified data should be adjusted.

(iv) After the initial submission of items specified in subpart (iii) of this part, the licensee must send updated information to the Director within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in subpart (iii) of this part.

(v) If the licensee no longer meets the requirements of subpart (i) of this part, he must send notice to the Director of intent to establish alternate financial assurance as specified in this paragraph. The notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial data show that the licensee no longer meets the requirements. The licensee must provide the alternate financial assurance within 120 days after the end of such fiscal year.

(vi) The Director may, based on a reasonable belief that the licensee may no longer meet the requirements of subpart (i) of this part, require reports of financial condition at any time from the licensee in addition to those specified in subpart (iii) of this part. If the Director finds, on the basis of such reports or other information, that the licensee no longer meets the requirements of subpart (i) of this part, the licensee must provide alternate financial assurance as specified in this paragraph within 30 days after notification of such a finding.

(vii) The Director may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his report on examination of the applicant’s or licensee’s financial statements.

An adverse opinion or a disclaimer of opinion will be cause for disallowance. The Director will evaluate other qualifications on an individual basis. The applicant or licensee must provide alternate financial assurance as specified in this paragraph within 30 days after notification of the disallowance.

(viii) An applicant or licensee may meet the requirements of subparagraph (e) of this paragraph by obtaining a written guarantee, hereafter referred to as “corporate guarantee.” The guarantor must be the parent corporation of the licensee. The guarantor must meet the requirements for applicants or licensees in subparts (i) through (vii) of this part and must comply with the terms of the corporate guarantee. The wording of the corporate guarantee must be identical to the wording specified in part (l)5 of this paragraph. The corporate guarantee must accompany the items sent to the Director as specified in subpart (iii) of this part. The terms of the corporate guarantee must provide that:

(I) If the licensee fails to perform decommissioning of a facility covered by a corporate guarantee for decommissioning in accordance with acceptable practices to protect health and safety and other license requirements whenever required to do so, the guarantor will do so or forfeit to the State monies in an amount equal to the current decommissioning cost estimate for the facility, as provided in part (e)5 of this paragraph.

(II) The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the licensee and to the Director. Cancellation may not occur, however, during the 180 days beginning on the date of receipt of the notice of cancellation by both the licensee and the Director as evidenced by the return receipts.

(III) If the licensee fails to provide alternate financial assurance as specified in this paragraph and obtain the written approval of such alternate assurance from the Director within 90 days after receipt by both the licensee and the Director of a notice of cancellation of the corporate guarantee from the guarantor, the guarantor will provide such alternative financial assurance in the name of the licensee.

(g) Use of Multiple Financial Mechanisms In meeting the requirements of subparagraph (e) of this paragraph, an applicant or licensee may utilize more than one financial assurance mechanism per facility. These mechanisms are limited to personal bonds supported by letters of credit, insurance, securities or cash. The mechanisms must be as specified in subparagraph (f) of this paragraph, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for the necessary amount.

(h) Use of a Financial Mechanism for Multiple Facilities An applicant or licensee may use a financial assurance mechanism specified in subparagraph (f) of this paragraph to meet the requirements of subparagraph (e) of this paragraph for more than one facility he owns or operates in Tennessee. If so, the mechanism submitted to the Director must include a list showing, for each facility, the license number, name, address, and amount of funds for decommissioning care assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been filed and maintained for each facility.

(i) Substituting Alternate Financial Assurance In meeting the requirements of subparagraph (e) of this paragraph, a licensee may substitute alternate financial assurance meeting the requirements of this paragraph for the financial assurance already filed with the Director for the facility. However, the existing financial assurance shall not be released by the Commissioner until the substitute financial assurance has been received and approved by him.

(j) Procedures for Forfeiture of Financial Assurance 1. Upon the determination of abandonment, insolvency, or other inability of the licensee to perform to the satisfaction of the Commissioner, a notice of noncompliance shall be served upon the licensee. Such notice shall be handdelivered or forwarded by certified mail. The notice of non-compliance shall specify in what respects the licensee has failed to perform as required.

If the Commissioner determines that the licensee has failed to perform as specified in the notice of non-compliance, or as specified in any subsequent compliance agreement which may have been reached by the licensee and the Commissioner, the Director shall cause a notice of show cause meeting to be served upon the licensee. Such notice shall be signed by the Director and either hand-delivered or forwarded by certified mail to the licensee. The notice of show cause meeting shall establish the date, time, and location of a meeting scheduled to provide the licensee with the opportunity to show cause why the Director should not pursue forfeiture of the financial assurance filed to guarantee such performance.
If no mutual compliance agreement is reached at the show cause meeting, or, upon the Commissioner’s determination that the licensee has failed to perform as specified in such agreement that was reached, the Director shall request the Commissioner to order forfeiture of the financial assurance filed to guarantee such performance.
The Commissioner shall order forfeiture of the financial assurance upon his validation of the Director’s determinations and upon his determination that the procedures of this subparagraph have been followed. The Commissioner may, however, at his discretion, provide opportunity for the licensee to be heard before himself before issuing such order. Upon issuance a copy of the order shall be hand-delivered or forwarded by certified mail to the licensee. Any such order issued by the Commissioner shall become effective 30 days after the receipt by the licensee.
If necessary, upon the effective date of the order of forfeiture, the Commissioner shall give notice to the State Attorney General who shall collect the forfeiture.
All funds from forfeited financial assurances shall be deposited in the State’s radiation reclamation trust fund account for use by the Commissioner as set forth in T.C.A. § 68-202-405.

(k) Incapacity of Applicants or Licensees, Guarantors, or Financial Institutions 1. An applicant or licensee must notify the Director by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the applicant or licensee as debtor, within 10 days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in part (f)6 of this paragraph must make such a notification if he is named as debtor, as required under the terms of the corporate guarantee.

An applicant or licensee who fulfills the requirements of this paragraph by obtaining a surety bond, letter of credit or insurance policy will be deemed to be without the required financial assurance in the event of bankruptcy of the issuing institution or a suspension or revocation of the authority of the institution issuing the surety bond, letter of credit or insurance policy to issue such instruments.

The applicant or licensee must establish other financial assurance within 30 days after such an event.

(l) Wording of the Instruments 1. A surety bond guaranteeing funds for decommissioning as specified in part (f)1 of this paragraph, must be worded as follows except that the instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:

SURETY BOND

Date bond executed: ____________________ Effective date: ____________________ Principal: (legal name and business address of applicant or licensee)

Type of organization: (insert “individual,” “joint venture,” “partnership” or “corporation”)

State of incorporation: ____________________ Surety(ies): (name(s) and business address(es))

License number, name, address and decommissioning cost for each facility guaranteed by this bond (list amounts separately): $____________________ Total penal sum of bond: $____________________ Surety’s bond number: ____________________ KNOW ALL PERSONS BY THESE PRESENTS, that we, the Principal and Surety(ies) hereto are firmly bound to the State of Tennessee, Department of Environment and Conservation (hereinafter called “Department”), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum “jointly and severally” only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

WHEREAS said Principal is required, under the Tennessee Radiological Health Service Act, as amended, to have a license in order to receive, possess, store and use radioactive material at the facility identified above, and WHEREAS said Principal is required to provide financial assurance for decommissioning as a condition of the license;

NOW, THEREFORE, the conditions of this obligation are such that if the Principal shall faithfully perform decommissioning, whenever required to do so, of each facility for which this bond guarantees funds for decommissioning, to the satisfaction of the Commissioner, State of Tennessee, Department of Environment and Conservation in accordance with acceptable practices for protection of health and safety pursuant to all applicable laws, statutes, rules and regulations, as such laws, statutes, rules and regulations may be amended, OR, if the Principal shall provide alternate financial assurance as specified in paragraph (4) of Rule 0400-20-10-.12, and obtain the written approval of such assurance from the Director, Division of Radiological Health (hereinafter called “Director”), within 90 days after the date notice of cancellation is received by both the Principal and the Director from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.

The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.

Upon notification by the Director that the Principal has been found in violation of the decommissioning requirements of the Division, for a facility for which this bond guarantees funds for performance of decommissioning, the Surety(ies) shall forfeit the decommissioning cost amount guaranteed for the facility to the Department as directed by the Director.

Upon notification by the Director that the Principal has failed to provide alternate financial assurance as specified in paragraph (4) of Rule 0400-20-10-.12, and obtain written approval of such assurance from the Director during the 30 days following receipt by both the Principal and the Director of a notice of cancellation of the bond, the Surety(ies) shall forfeit funds in the amount guaranteed for the facility(ies) to the Department as directed by the Director.

The Surety(ies) hereby waive(s) notification of amendments to licenses, applicable laws, statutes, rules and regulations and agree(s) that no such amendment shall in any way alleviate its (their) obligation on this bond.

The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.

The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the Director, provided, however, that cancellation shall not occur during the 180 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Director, as evidenced by the return receipts.

The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Director.

IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this SURETY BOND and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in

part (4)(l)1 of Rule 0400-20-10-.12 as such regulation was constituted on the date this bond was executed.

PRINCIPAL

(Signature(s))

(Name(s))

(Title(s))

(Corporate seal)

CORPORATE SURETY(IES)

(Name and address)

State of incorporation: ____________________ Liability limit: $____________________ (Signature(s))

(Name(s) and title(s))

Corporate seal:

(For every co-surety, provide signature(s), corporate seal and other information in the same manner as for Surety above.)

Bond premium: $____________________ 2. A letter of credit, as specified in part (f)2 of this paragraph, must be worded as follows except that instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:

IRREVOCABLE STANDBY LETTER OF CREDIT

Director Division of Radiological Health State of Tennessee, Department of Environment and Conservation Dear Sir or Madam:

We hereby establish our Irrevocable Standby Letter of Credit No. __________ in your favor, at the request and for the account of (applicant’s or licensee’s name and address) up to the aggregate amount of (in words) U.S. dollars $ ____________, available upon presentation of:

your sight draft, bearing reference to this letter of credit No. __________, and 2) your signed statement reading as follows: “I certify that the amount of the draft is payable pursuant to rules issued under authority of the Tennessee Radiological Health Service Act, as amended.”

This letter of credit is effective as of (date) and shall expire on (date at least one year later), but such expiration date shall be automatically extended for a period of (at least one year) on (date) and on each successive expiration date, unless, at least 180 days before the current expiration date, we notify both you and (applicant’s or licensee’s name) by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 180 days after the date of receipt by both you and (licensee’s name), as shown on the signed return receipts.

Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall forfeit the amount of the draft to the State of Tennessee in accordance with your instructions.

We certify that the wording of this letter of credit is identical to the wording specified in part (4)(l)2 of Rule 0400-20-10-.12 as such regulation was constituted on the date shown immediately below.

(Signature(s) and title(s) of official(s) of issuing institution) (Date)

This credit is subject to (insert “the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce,” or “the Uniform Commercial Code”).

A certificate of insurance, as specified in part (f)3 of this paragraph must be worded as follows except that instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:

CERTIFICATE OF INSURANCE FOR DECOMMISSIONING

Name and Address of Insurer (herein called the “Insurer”): ______________________________ Name and Address of Insured (herein called the “Insured”): ______________________________ Facilities Covered: (List for each facility: The license number, name, address, and the amount of insurance for decommissioning (these amounts for all facilities covered must total the face amount shown below))

Face Amount: $ ______________________________ Policy Number: ______________________________ Effective Date: ______________________________ The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurance for decommissioning the facilities identified above. The Insurer further warrants that such policy conforms in all respects with the requirements of part (4)(l)3 of Rule 0400-20-10- .12, as applicable and as such rules were constituted on the date shown immediately below. It is agreed that any provision of the policy inconsistent with such regulation is hereby amended to eliminate such inconsistency.

Whenever requested by the Director, Division of Radiological Health, State of Tennessee, Department of Environment and Conservation, the Insurer agrees to furnish to the Director, Division of Radiological Health a duplicate original of the policy listed above, including all endorsements thereon.

I hereby certify that the wording of this certificate is identical to the wording specified in part (4)(l)3 of Rule 0400-20-10-.12 as such regulation was constituted on the date shown immediately below.

(Authorized signature for Insurer)

(Name of person signing)

(Title of person signing)

Signature of witness or notary: ____________________ (Date)

A letter from the chief financial officer, as specified in part (f)6 of this paragraph must be worded as follows except that instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:

LETTER FROM CHIEF FINANCIAL OFFICER

(Address to Director, Division of Radiological Health)

I am the chief financial officer of (name and address of firm). This letter is in support of this firm’s use of the financial test to demonstrate financial assurance, as specified in paragraph (4) of Rule 0400-20-10-.12.

(Fill out the following four paragraphs regarding facilities and associated cost estimates. If your firm has no facilities that belong in a particular paragraph, write “None” in the space indicated. For each facility, include its license number, name, address, and current decommissioning cost estimates.)

This firm is the licensee at the following facility for which financial assurance for decommissioning is demonstrated through the financial test specified in paragraph (4) of Rule 0400-20-10-.12. The current decommissioning cost estimate covered by the test is: $ ______________.
This firm guarantees, through the corporate guarantee specified in paragraph (4) of Rule 0400-20-10-.12, the decommissioning of the following facility owned or operated by a subsidiary of this firm. The current cost estimates for decommissioning so guaranteed is: $ ______________.
In other states, this firm, as licensee or guarantor, is demonstrating financial assurance for decommissioning of the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified in paragraph (4) of Rule 0400-20-10-.12. The current decommissioning cost estimates covered by such a test are shown for each facility: $ ______________.
This firm is the licensee of the following facilities receiving, possessing, using or storing radioactive material for which financial assurance for decommissioning is not demonstrated either to the Division, another State, or the U.S. Nuclear Regulatory Commission through the financial test or any other financial assurance mechanisms specified in paragraph (4) of Rule 0400-20-10-.12 or equivalent or substantially equivalent mechanisms. The current decommissioning cost estimates not covered by such financial assurance are shown for each facility: $ ______________.

This firm (insert “is required” or “is not required”) to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.

The fiscal year of this firm ends on (month, day). The figures for the following items marked with an asterisk are derived from this firm’s independently audited, year-end financial statement for the latest completed fiscal year, ending (date).

(Fill in Alternative I if the criteria of item (f)6(i)(I) of this paragraph are used. Fill in Alternative II if the criteria of item (f)6(i)(II) of this paragraph are used).

ALTERNATIVE I

Sum of current decommissioning cost estimates (total of all cost estimates shown in the four paragraphs above) $ ____________ *2. Total liabilities (if any portion of the decommissioning cost estimate is included in total liabilities, you may deduct the amount of that portion from this line and add that amount to lines 3 and 4) $ ____________ *3. Tangible net worth $ ____________ *4. Net worth $ ____________ *5. Current assets $ ____________ *6. Current liabilities $ ____________ *7. Net working capital (line 5 minus line 6) $ ____________ *8. The sum of net income plus depreciation, depletion, and amortization $ ____________ *9. Total assets in U.S. (required only if less than 90% of firm’s assets are located in the U.S.) $ ____________ YES NO 10. Is line 3 at least $10 million? ______ ______ 11. Is line 3 at least 6 times line 1? ______ ______ 12. Is line 7 at least 6 times line 1? ______ ______ *13. Are at least 90% of firm’s assets located in the U.S.?

If not, complete line 14 ______ ______ 14. Is line 9 at least 6 times line 1? ______ ______ 15. Is line 2 divided by line 4 less than 2.0? ______ ______ 16. Is line 8 divided by line 2 greater than 0.1? ______ ______ 17. Is line 5 divided by line 6 greater than 1.5? ______ ______ ALTERNATIVE II 1. Sum of current decommissioning cost estimates (total of all cost estimates shown in the four paragraphs above) $ ____________ 2. Current bond rating of most recent issuance of this firm and name of rating service ____________ 3. Date of issuance of bond ____________ 4. Date of maturity of bond ____________ *5. Tangible net worth $ ____________ *6. Total assets in U.S. (required only if less than 90% of firm’s assets are located in the U.S.) $ ____________ YES NO 7. Is line 5 at least $10 million? ______ ______ 8. Is line 5 at least 6 times line 1? ______ ______ 9. Are at least 90% of firm’s assets located in the U.S.?

If not, complete line 10. ______ ______ 10. Is line 6 at least 6 times line 1? ______ ______ I hereby certify that the wording of this letter is identical to the wording specified in part (4)(l)4 of Rule 0400-20-10-.12 as such rules were in effect on the date shown immediately below.

(Signature)

(Name)

(Title)(Date)

A corporate guarantee, as specified in part (f)6 of this paragraph, must be worded as follows except that instructions in parentheses are to be replaced with the relevant information and the parentheses deleted:

CORPORATE GUARANTEE FOR DECOMMISSIONING

Guarantee made this (date) by (name of guaranteeing entity), a business corporation organized under the laws of the State of (insert name of State), herein referred to as guarantor, to the State of Tennessee, Department of Environment and Conservation (“Department”), obligee, on behalf of our subsidiary (applicant or licensee) of (business address).

Recitals 1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in part (4)(f)6 of Rule 0400-20-10-.12.

(Applicant or licensee) owns or operates and is licensed by the Department to receive, possess, store and use radioactive material at the facility covered by this guarantee: (List for the facility: license number, name and address).
For value received from (licensee), guarantor guarantees to the Department that in the event that (licensee) fails to perform decommissioning of the above facility in a manner deemed acceptable by the Commissioner to assure health and safety from radiation hazards and other license requirements, the guarantor shall do so or forfeit to the State of Tennessee, as specified in paragraph (4) of Rule 0400-20-10- .12 monies in an amount equal to the current decommissioning cost estimates as specified in paragraph (4) of Rule 0400-20-10-.12.
Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within 30 days, by certified mail, notice to the Director of the Department’s Division of Radiological Health (“Division Director”) and to (licensee) that he intends to provide alternate financial assurance as specified in paragraph (4) of Rule 0400-20-10-.12, in the name of (licensee). Within 90 days after the end of such fiscal year, the guarantor shall establish such financial assurance unless (licensee) has done so.
The guarantor agrees to notify the Division Director, by certified mail, of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S.

Code, naming guarantor as debtor, within 10 days after commencement of this proceeding.

Guarantor agrees that within 30 days after being notified by the Division Director of a determination that guarantor no longer meets the financial test criteria or that he is disallowed from continuing as a guarantor for decommissioning he shall establish alternate financial assurance as specified in paragraph (4) of Rule 0400-20-10-.12 in the name of (licensee) unless (licensee) has done so.
Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following: amendment or modification of the license, the extension or reduction of the time of performance of decommissioning or any other modification or alteration of an obligation of the licensee pursuant to these rules.
Guarantor agrees to remain bound under this guarantee for so long as (licensee) must comply with the applicable financial assurance requirements of paragraph (4) of Rule 0400-20-10-.12 for the abovelisted facility, except that guarantor may cancel this guarantee by sending notice by certified mail to the Division Director and to (licensee), such cancellation to become effective no earlier than 180 days after receipt of such notice by both the Department and (licensee), as evidenced by the return receipts.
Guarantor agrees that if (licensee) fails to provide alternate financial assurance as specified in paragraph (4) of Rule 0400-20-10-.12, and obtain written approval of such assurance from the Division Director within 30 days after a notice of cancellation by the guarantor is received by the Division Director from guarantor, guarantor shall provide such alternate financial assurance in the name of (licensee).
Guarantor expressly waives notice of acceptance of this guarantee by the Department or by (licensee). Guarantor also expressly waives notice of amendments or modification of the facility license.

I hereby certify that the wording of this guarantee is identical to the wording specified in part (4)(l)5 of Rule 0400-20-10-.12 as such rules were in effect on the date first above written.

Effective Date: ____________________ (Name of guarantor)

(Authorized signature for guarantor)

(Name of person signing)

(Title of person signing)

Signature of witness or notary: ____________________ (m) Persons licensed at the time these financial assurance rules become effective and upon notice by the Department must, within a period of 90 days following such notice, provide the required financial assurance.

(n) The Department may reevaluate, at any time, the adequacy of existing financial assurance and may require their adjustment by either increasing or decreasing the amount of financial assurance required so that adequate funds will be available.

(o) Except that the following persons are exempt from the requirements of this paragraph:

State and local government agencies.
Educational institutions accredited by the Southern Association of Colleges and Schools.
Licensees of the State Licensing Board for the Healing Arts and those medical facilities possessing or utilizing radioactive materials for medical purposes when supervised by such licensees.
Veterinarians possessing or utilizing radioactive materials in their veterinary practice.
Persons possessing or utilizing radioactive materials for “in vitro” medical purposes.
Persons possessing or utilizing only generally licensed quantities of radioactive materials.

(p) Each person licensed under this Chapter shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with Rule 0400-20-10-.16, a licensee shall transfer all records described in this paragraph to the new licensee. In this case, the new licensee will be responsible for maintaining these records until the license is terminated. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. Information the Division considers important to decommissioning consists of:

Records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site (These records may be limited to instances when contamination remains after any cleanup procedures or when there is reasonable likelihood that contaminants may have spread to inaccessible areas as in the case of possible seepage into porous materials such as concrete. These records must include any known information on identification of involved nuclides, quantities, forms, and concentrations);
As-built drawings and modifications of structures and equipment in restricted areas where radioactive materials are used and/or stored, and of locations of possible inaccessible contamination such as buried pipes which may be subject to contamination (If required drawings are referenced, each relevant document need not be indexed individually. If drawings are not available, the licensee shall substitute appropriate records of available information concerning these areas and locations);
Except for areas containing only sealed sources (provided the sources have not leaked or no contamination remains after any leak) or byproduct materials having only half-lives of less than 65 days, a list contained in a single document and updated every two years, of the following:

(i) All areas designated and formerly designated restricted areas as defined in paragraph (62) of Rule 0400-20-05-.32;

(ii) All areas outside of restricted areas that require documentation under part 1 of this subparagraph;

(iii) All areas outside of restricted areas where current and previous wastes have been buried as documented under Rule 0400-20-05-.137; and (iv) All areas outside of restricted areas that contain material such that, if the license expired, the licensee would be required to either decontaminate the area to meet the criteria for decommissioning in Rule 0400-20-10-.36, or apply for approval for disposal under Rule 0400-20-05-.121.

Records of the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning, and records of the funding method used for assuring funds if either a funding plan or certification is used.

(5) The applicant or an existing licensee, for whom financial assurance is required and where it is intended that the licensed facility will eventually cease to operate while containing, storing or possessing radioactive sources on the premises and will require continuing and perpetual care or surveillance over the facility to protect public health, safety or welfare, shall deposit sums to a Perpetual Care Trust Fund maintained by the Commissioner in the name of the State.

(a) The Commissioner shall consider the following in making his determination of the Perpetual Care Trust Fund deposits for each individual applicant or licensee.

The nature of the licensed radioactive material; including its radiotoxicity, half-life, chemical and physical form and containment;
Size and type of facility to be decommissioned; and 3. The anticipated cost to the State of perpetual care and surveillance.

(b) The Department may reevaluate at any time the adequacy of a licensee’s contributions to the existing Perpetual Care Trust Fund and may adjust by increasing or decreasing the rate of contribution or the specified amount required of a licensee so that the fund may be adequate in amount to meet perpetual care requirements of that licensee.

(6) Definitions of terms used in paragraph (4) of this rule.

(a) “Current decommissioning cost estimate” means the most recent of the estimates prepared in accordance with paragraph (4).

(b) “Director” means the Director of the Division of Radiological Health of the Department of Environment and Conservation.

(c) “Parent corporation” means a corporation which directly owns at least 50 percent of the voting stock of the corporation which is the facility owner or operator; the latter corporation is deemed a “subsidiary” of the parent corporation.

(d) The following terms are used in the specifications for the financial tests for financial assurance for decommissioning. The definitions are intended to assist in the understanding of these rules and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices.

“Assets” means all existing and all probable future economic benefits obtained or controlled by a particular entity.
“Current assets” means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
“Current liabilities” means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
“Independently audited” refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
“Liabilities” means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
“Net working capital” means current assets minus current liabilities.
“Net worth” means total assets minus total liabilities and is equivalent to owner’s equity.
“Tangible net worth” means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents of royalties.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed June 5, 2025; effective September 3, 2025. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-10-.13 SPECIAL REQUIREMENTS FOR ISSUANCE OF SPECIFIC LICENSES

(1) Reserved.

(2) Reserved.

(3) An application for a specific license to initially transfer source material for use under Rule

Tenn. Comp. R. & Regs. 0400-20-10-.14 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.15 ISSUANCE OF SPECIFIC LICENSES

(1) Upon a determination that an applicant meets the requirements of T.C.A. §§ 68-202-201 et seq. and the rules of the Division will issue a specific license authorizing the proposed activity in such form and containing such conditions and limitations as it deems appropriate or necessary.

(2) The Division may incorporate in any license at the time of issuance, or thereafter by amendment, such additional requirements and conditions with respect to the licensee’s receipt, possession, use and transfer of radioactive material subject to this Chapter as it deems appropriate or necessary in order to:

(a) Protect the public health and safety or property;

(b) Require such reports and the keeping of such records, and to provide for such inspection of activities under the license as may be necessary to evaluate activities conducted under the license; and (c) Prevent loss or theft of material subject to this Chapter.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.16 , each licensee authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated:

(a) Records of disposal of licensed material made under Rules 0400-20-05-.121 (including burials authorized before January 28, 1981), 0400-20-05-.122, 0400-20-05-.123, 0400- 20-05-.124; and (b) Records required by subparagraph (2)(d) of Rule 0400-20-05-.132.

(6) Prior to license termination, each licensee shall forward the records required subparagraph (4)(n) of Rule 0400-20-10-.12 to the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed September 1, 2021; effective November 30, 2021.

Tenn. Comp. R. & Regs. 0400-20-10-.17 EXPIRATION AND TERMINATION OF LICENSES AND DECOMMISSIONING OF

SITES AND SEPARATE BUILDINGS OR OUTDOOR AREAS.

(1) Expiration of specific licenses.

Except as provided in paragraph (2) of this rule, each specific license shall expire at the end of the day, in the month and year stated therein.

(2) Termination of specific licenses:

(a) Specific licenses shall continue in effect, beyond the expiration date if necessary, with respect to possession of radioactive material until the Division notifies the licensee in writing that the license is terminated. During this time, the licensee shall:

Limit actions involving radioactive material to those related to decommissioning; and 2. Continue to control entry to restricted areas until they are suitable for release in accordance with Division requirements.

(b) Specific licenses, including expired licenses, will be terminated by written notice to the licensee when the Division determines that:

The licensee has properly disposed of radioactive material;
The licensee has made reasonable effort to eliminate residual radioactive contamination, if present;
The premises are suitable for release in accordance with Division requirements.

The licensee may demonstrate suitability for release by:

(i) Performance of the radiation survey described in part (3)(d)2 of this rule, or (ii) Submission of other information that the Division determines is acceptable;

The licensee has complied with any requests for information from the Division; and 5. The licensee has submitted a written request for license termination to the Division.

(3) Decommissioning of sites or separate buildings or outdoor areas:

(a) Each specific licensee shall notify the Division in writing, at the address in Rule 0400- 20-04-.07, within 60 days of any of the following occurrences:

The license has expired pursuant to paragraph (2) of this rule;
The licensee has decided to permanently cease principal activities, as defined in this rule:

(i) At the entire site, or (ii) In any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with Division requirements;

No principal activities under the license have been conducted for 24 months; or 4. No principal activities have been conducted for 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with Division requirements.

(b) Each specific licensee:

If not required by subparagraph (g) of this paragraph to submit a decommissioning plan, shall begin decommissioning its site or any separate building or outdoor area that contains residual radioactivity within 60 days of any occurrence listed in subparagraph (a) of this paragraph.
If required by subparagraph (g) of this paragraph to submit a decommissioning plan, shall:

(i) Submit a decommissioning plan within 12 months of notification of any occurrence listed in subparagraph (a) of this paragraph, and (ii) Begin decommissioning upon Division approval of that plan.

(c) Coincident with the notification required by subparagraph (a) of this paragraph, the specific licensee shall maintain in effect all financial assurances that were established, pursuant to paragraph (3) of Rule 0400-20-10-.12 in conjunction with a license issuance or renewal, or that are required by this rule.

The Division will determine if the licensee shall increase, or may decrease, the amount of the financial assurance to cover the detailed cost estimate for decommissioning established pursuant to part (i)5 of this paragraph.
The licensee may with Division approval reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site.

(d) As the final steps in decommissioning, specific licensees shall:

Certify the disposition of all licensed material, including accumulated wastes; and 2. Demonstrate that the premises are suitable for release in accordance with Division requirements.

(i) The licensee shall:

(I) Conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of this survey, or (II) Submit other information that the Division determines is acceptable.

(ii) The licensee shall, as appropriate:

(I) Report levels of gamma radiation in units of microroentgens (millisieverts) per hour at 1 meter from surfaces, and (II) Report levels of radioactivity, including alpha and beta, in units of I. Disintegrations per minute or microcuries (megabecquerels) per 100 square centimeters—removable and fixed—for surfaces, II. Microcuries (megabecquerels) per milliliter for water, and III. Picocuries (becquerels) per gram for solids such as soils or concrete, and (III) Specify the survey instrument(s) used and certify that each instrument was properly calibrated and tested at the time of the survey.

Records required by paragraphs (4) and (6) of Rule 0400-20-10-.26 have been received.

(e) Except as provided in part (k)3 of this paragraph, specific licensees shall complete decommissioning of the site or separate building or outdoor area so that the site, building or outdoor area is suitable for release in accordance with Division requirements as soon as practicable but no later than 24 months following the initiation of decommissioning.

(f) Except as provided in part (k)3 of this paragraph, when decommissioning involves the entire site, the specific licensee shall request license termination as soon as practicable but no later than 24 months following the initiation of decommissioning.

(g) A specific licensee shall submit a decommissioning plan if:

Required to do so by license condition; or 2. The Division determines that the procedures and activities necessary to carry out decommissioning of the site or separate building or outdoor area have not been previously approved by the Division and that these procedures could increase potential health and safety impacts to workers or to the public. Some examples are procedures:

(i) That would involve techniques not applied routinely during cleanup or maintenance operations;

(ii) In which workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during operation;

(iii) That could result in significantly greater airborne concentrations of radioactive materials than are present during operation; or (iv) That could result in significantly greater releases of radioactive material to the environment than those associated with operation.

(h) Specific licensees shall not carry out procedures with potential health and safety impacts before Division approval of the decommissioning plan.

(i) The proposed decommissioning plan for the site or separate building or outdoor area shall include:

A description of the conditions of the site or separate building or outdoor area sufficient to evaluate the acceptability of the plan;
A description of planned decommissioning activities;
A description of methods used to ensure protection of workers and the environment against radiation hazards during decommissioning;
A description of the planned final radiation survey;
A detailed cost estimate for decommissioning, comparison of that estimate with present funds set aside for financial assurance, and a plan for assuring the availability of adequate funds for completion of decommissioning; and 6. For decommissioning plans calling for completion of decommissioning later than 24 months after plan approval, the plan shall include a justification for the delay based on the criteria in part (k)3 of this paragraph.

(j) The Division will approve the proposed decommissioning plan if the information in the plan demonstrates that the licensee:

Will complete decommissioning as soon as practicable; and 2. Will adequately protect the health and safety of workers and the public.

(k) Requests for extensions:

A licensee may request a delay in initiating decommissioning.

(i) The Division may grant this delay, if the Division determines that this delay is not detrimental to the public health and safety and is otherwise in the public interest.

(ii) The request for a delay shall be submitted no later than 30 days before notification pursuant to subparagraph (a) of this paragraph.

(iii) The schedule for decommissioning set forth in subparagraph (b) of this paragraph shall not start until the Division has made a determination on the request.

A licensee may request an alternative schedule for the submittal of a decommissioning plan. The Division may approve the alternative schedule, if the Division determines that the alternative schedule is necessary to the effective conduct of decommissioning operations and presents no undue risk from radiation to the public health and safety and is otherwise in the public interest.
A licensee may request an alternative schedule for the completion of decommissioning of the site or separate building or outdoor area, and license termination if appropriate. The Division may approve the alternative schedule for completion of decommissioning, if the Division determines that it is warranted by consideration of the following:

(i) Whether it is technically feasible to complete decommissioning within the allotted 24-month period;

(ii) Whether sufficient waste disposal capacity is available to allow completion of decommissioning within the allotted 24 month period;

(iii) Whether allowing short-lived radionuclides to decay will achieve a significant volume reduction in wastes requiring disposal;

(iv) Whether allowing short-lived radionuclides to decay will achieve a significant reduction in radiation exposure to workers;

(v) Other site-specific factors that the Division may determine are beyond the control of the licensee.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.18 RENEWAL OF LICENSE

(1) Applications for renewal of specific licenses shall be filed in accordance with Rule 0400-20- 10-.11.

(2) In any case in which a licensee, not less than 30 days prior to expiration of his existing license, has filed an application in proper form for renewal or for a new license authorizing the same activities, such existing license shall not expire until the application has been finally determined by the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.19 AMENDMENT OF LICENSES AT REQUEST OF LICENSEE

Applications for amendment of a license shall be filed in accordance with Rule 0400-20-10-.11 and shall specify the respects in which the licensee desires his license to be amended and the grounds for such amendment.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.20 DIVISION ACTION ON APPLICATION TO RENEW OR AMEND

In considering an application by a licensee to renew or amend his license, the Division will apply the criteria set forth in Rules 0400-20-10-.12 and 0400-20-10-.13, as applicable.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.21 INALIENABILITY OF LICENSES

(1) No license issued or granted under this Chapter and no right to possess or utilize radioactive material granted by any license issued pursuant to this Chapter shall be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the Division shall, after securing full information, find that the transfer is in accordance with the provisions of T.C.A. §§ 68-202-201 et seq., and shall give its consent in writing.

(2) An application for transfer of license must include:

(a) The identity, technical and financial qualifications of the proposed transferee; and (b) Financial assurance for decommissioning information required by Rule 0400-20-10-.12.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017.

Tenn. Comp. R. & Regs. 0400-20-10-.22 TRANSFER OF MATERIAL

(1) No licensee shall transfer radioactive material except as authorized pursuant to this rule.

(2) Any licensee may transfer radioactive material:

(a) To the Division provided such transfer is accepted by the Division in writing;

(b) To the U.S. Department of Energy;

(d) To any person authorized to receive such material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the Division, the U.S. Nuclear Regulatory Commission, any Agreement State or a Licensing State; or (e) As otherwise authorized by the Division in writing.

(3) Before transferring sources of radiation to a specific licensee of the Division, the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State, or to a general licensee who is required to register with or report to the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State prior to receipt of the source of radiation, the transferor of the source of radiation shall verify that the transferee’s authorization is for the receipt of the type, form, and quantity of the source of radiation to be transferred.

(4) The following methods for the verification required in paragraph (3) of this rule are acceptable:

(a) The transferor may have in his possession, and read, a current copy of the transferee’s specific license or registration certificate;

(b) The transferor may have in his possession a written certification by the transferee that he is authorized by license or registration certificate to receive the type, form and quantity of the source of radiation to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date;

(c) For emergency shipments the transferor may accept oral certification containing all of the information specified in subparagraph (b) of this paragraph provided that written certification is forwarded to the transferor within 10 days following the oral communication;

(d) The transferor may obtain other information compiled by a reporting service from official records of the Division, the U.S. Nuclear Regulatory Commission or the licensing agency of any state as to the identity of licensees and the scope and expiration dates of licenses and registrations; or (e) When none of the methods of verification described in subparagraphs (a) through (d) of this paragraph are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the Division, the U.S. Nuclear Regulatory Commission, or the licensing agency of any state that the transferee is authorized to receive the source of radiation.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.23 MODIFICATION, REVOCATION, AND TERMINATION OF LICENSES

(1) The terms and conditions of all licenses may be subject to amendment, revision, or modification or the license may be suspended or revoked by reason of amendments to T.C.A. §§ 68-202-201 et seq., or by reason of rules or regulations issued by the Department.

(2) Any license may be revoked, suspended, or modified, in whole or in part, for any material false statement in the application or in any statement of fact required under provisions of the Act, or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means that would warrant the Department to refuse to grant a license on an original application, or for violation of, or failure to observe any of the terms and conditions of T.C.A. §§ 68-202-201 et seq., or of the license, or of any rule or regulation of the Department. This action will be taken pursuant to T.C.A. Title 68, Chapter 202.

(3) The Division may terminate a specific license upon request submitted by the licensee to the Division in writing.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.24 REGISTRATION

(1) The owner or person having possession of any radiation machine or accelerator, except those specifically exempted in Rule 0400-20-10-.07, shall register such sources within 10 days after acquisition of such machine. Prior to processing a request for registration, the FDA Clearance 510K number or equivalent specific to the particular device must be provided to the Division. The owner or possessor of any accelerator shall substitute an application for certified registration required in Chapter 0400-20-09. The application for certified registration must be received by the Department within 10 days after acquisition of the accelerator; however, an accelerator may not be energized until registered pursuant to Chapter 0400-20- 09. In addition, every person who provides inspections as provided for in paragraph (4) of

Rule 0400-20-10-.27 and every person who assembles, installs, or services radiation machines shall register with the Division of Radiological Health, Tennessee Department of Environment and Conservation. Registration under this rule shall be on Department Form RHS 8-4, RHS 8-8, as appropriate. Registration in accordance with subparagraphs (3)(b) and (c) of Rule 0400-20-10-.24 shall be on Department Form RHS 8-4a or Form RHS 8-4b, as appropriate. These forms shall be furnished by the Department and may be obtained from the Division of Radiological Health, at the address given in Rule 0400-20-04-.07. A registration fee in accordance with the Classification and Fee Schedule in paragraph (3) of this rule shall be due upon receipt of an invoice from the Division of Radiological Health following the submittal of the completed registration form. The check for the fee shall be made payable to “Treasurer, State of Tennessee.”

(2) An annual registration fee will be required each year as long as the radiation machine or service is subject to registration. Each registrant shall submit the annual fee payable to, “Treasurer, State of Tennessee,” in the appropriate dollar amount in accordance with the Classification and Fee Schedule in paragraph (3) of this rule to the Division of Radiological Health. Payment shall be accompanied by a copy of the fee invoice properly completed. The invoice for the annual fee will be dated May 1st and will require payment by June 15th of the indicated year. The annual registration fee shall be due within 45 days of issuance of an invoice. At the time of the annual payment, a registrant of only Class II radiation machines may request specific times or list restricted hours during normal work hours for inspections pursuant to Rule 0400-20-10-.27 by personnel of the Division of Radiological Health, Tennessee Department of Environment and Conservation.

(3) Classification and fee schedule. Except as provided otherwise by subparagraph (e) of this paragraph, for purposes of inspections and payment of fees the classification and fee schedule shall be as follows:

(a) Radiation Machines CLASS I Dental Radiation Machines: $85.00 per tube All diagnostic equipment used exclusively for dental diagnostic procedures.

CLASS II

Priority Two Medical Radiation Machines: $195.00 per tube All medical diagnostic x-ray equipment, not in Class III, used exclusively for medical or veterinary diagnostic procedures.

CLASS III

Priority One Medical Radiation Machines: $286.00 per tube All diagnostic x-ray equipment used in radiologists’ offices, orthopedic surgeon’s offices or hospitals exclusively for medical diagnostic procedures.

CLASS IV

Therapy Medical Radiation Machines: $390.00 per tube All x-ray equipment with energies less than 0.9 MeV used for the purpose of medical or veterinary radiation therapy.

CLASS V

Priority Two Industrial and Educational Radiation Machines: $780.00 per tube Closed-beam analytical radiation machines, gauges or industrial radiation machines used in shielded room or cabinet radiography.

CLASS VI

Priority One Industrial and Educational Radiation Machines: $1,170.00 per tube All x-ray machines used for industrial radiography and all open-beam analytical x-ray machines and all radiation machines not specifically included in Class I, II, III, IV, V, VII.

CLASS VII

Accelerators: $2,600.00 annual fee, plus an initial All devices defined as accelerators as per “State Regulations fee of $375.00 per for Protection Against Radiation.” maximum nominal rated MeV for initial certified registration review initial review fee not to exceed $150,000.00)

(b) A person providing inspection services as permitted by paragraph (4) Rule 0400-20-10-.27 shall pay $850.00 of an annual registration fee of eight hundred fifty dollars.

(c) A person providing assembly/installation/servicing shall pay $850.00 an annual registration fee of eight hundred fifty dollars.

(d) A registrant may qualify to pay a registration fee equal to 18 percent of that listed in this paragraph, subject to the following conditions:

All tubes subject to registration are inspected in accordance with paragraphs (3), (4) and (5) of Rule 0400-20-10-.27.

(i) For purposes of the 18 percent fee, the first inspection performed on an xray tube on or after December 6, 2011, will establish a new baseline date for that tube. Previous baseline dates will be reset to the last day of the month of performance of the previous inspections.

(I) Each subsequent inspection of a tube shall be performed during the same month as the preceding inspection or the month immediately following resulting in “baseline periods” of from 59 days to 62 days, depending upon applicable new 2 month periods, according to the schedule set out in subparagraph (3)(a) of Rule 0400-20-10-.27.

(II) An inspection performed prior to or after the applicable new 2 month period shall establish a new baseline date for that tube.

(III) An inspection performed after the applicable new 2 month period shall not qualify the registrant for the 18 percent fee.

(IV) An inspection performed prior to the applicable new 2 month period and meeting all other requirements found in paragraphs (3), (4) and (5) of Rule 0400-20-10-.27 shall qualify the registrant for the 18 percent fee.

(ii) Reserved.

Each newly acquired tube subject to registration is inspected within 3 months of ownership or possession.
An individual who satisfies the requirements in paragraph (4) of Rule 0400-20- 10-.27 performs all inspections.
The registrant submits to the Division, at the address given in Rule 0400-20-04- .07:

(i) Copies of the appropriate State evaluation forms within 60 days after the inspection.

(ii) Copies of applicable service reports to document correction of any deficiencies noted within 60 days after the inspection.

(iii) A signed “X-Ray Inspection Notification and Certification of Compliance” form within 60 days of the inspection.

Inspections found by the Division to be unsatisfactory under this subparagraph or under paragraph (4) or (5) of Rule 0400-20-10-.27 shall not qualify for the 18 percent.

(i) The registrant shall correct and re-submit the report(s) and documentation of an inspection found to be unsatisfactory within 30 days of the date of notification by the Division. Failure to correct and re-submit the report(s) and documentation of an unsatisfactory inspection will subject the registrant to the Division’s normal enforcement actions, penalties and assessments.

(ii) The 30-day correction period shall not establish a new baseline. It shall not:

(I) Qualify an existing tube for reduced fee for the following calendar year, or (II) Qualify a newly acquired tube for reduced fee for the current calendar year.

(e) Any inspections of Certified Fusion Machines are excluded from the fee schedule of this paragraph, as well as any consideration for a reduced fee under this paragraph.

Any fees associated with Certified Fusion Machines activity are addressed in Rule

Tenn. Comp. R. & Regs. 0400-20-10-.25 REPORTS

(1) Any person who sells, leases, transfers, assembles, reassembles, or lends radiation machines, except those exempted from registration by Rule 0400-20-10-.07 shall report to the Division, within 30 days after the end of each calendar quarter, the name and address of persons to whom they have transferred such items and the date of transfer. Persons routinely engaged in the sale, transfer, leasing, lending, assembling, or reassembling of x-ray equipment shall report each calendar quarter, including a report for calendar quarters in which no radiation machine transfer occurs. Such reports shall be held proprietary by the Division.

(2) Each out-of-state person who brings radiation machines into the State, except those exempted in Rule 0400-20-10-.07, for any temporary use shall:

(a) Notify the Division in writing at least 3 days prior to engaging in such use. Such notification shall indicate the location, period, and type of proposed use within the State. If, for a specific case, the 3-day period would impose an undue hardship, he may, upon application to the Division obtain permission to proceed sooner;

(b) Register the radiation machines with this Division on Form RHS 8-4 prior to entry into the State; and (c) Comply with all applicable regulations of the Division including the payment of the fee for the Class, as appropriate, contained in paragraph (3) of Rule 0400-20-10-.24.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.26 RECORDS

(1) Each person who receives radioactive material pursuant to a license issued pursuant to these rules shall keep records showing the receipt, transfer, and disposal of the radioactive material as follows:

(a) The licensee shall retain each record of receipt of radioactive material as long as the material is possessed and for 3 years following transfer or disposal of the material.

(b) The licensee who transferred the material shall retain each record of transfer until the Division terminates each license that authorizes the activity that is subject to the recordkeeping requirement.

(c) The licensee who disposed of the material shall retain each record of disposal of radioactive material until the Division terminates each license that authorizes disposal of the material.

(2) A licensee shall retain each record that is required by these rules or by license condition for the period specified by the appropriate rule or license condition. If a retention period is not otherwise specified by rule or license condition, the record must be retained until the Division terminates each license that authorizes the activity that is subject to the recordkeeping requirement.

(3) Records which must be maintained pursuant to this rule may be the original or a reproduced copy. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as stamps, initials, and signatures. A licensee shall maintain adequate safeguards against tampering with and loss of records.

(4) Prior to license termination, each licensee authorized to possess radioactive material with a half-life greater than 120 days, in an unsealed form, shall forward the following records to the Division:

(5) If licensed activities are transferred or assigned in accordance with paragraph (2) of Rule

Tenn. Comp. R. & Regs. 0400-20-10-.27 INSPECTIONS

(1) Each licensee or registrant shall afford the Division at all reasonable times opportunity to inspect sources of radiation, premises, facilities and activities subject of these regulations and records maintained pursuant to these regulations.

(a) Department inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of the regulations, license, and Certified Registration to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection.

During the course of an inspection, any worker may bring privately to the attention of the inspectors, either orally or in writing, any past or present condition which he has reason to believe may have contributed to or caused any violation of the Act, these regulations, or license or Certified Registration condition, or any unnecessary exposure to radiation or radioactive material under the licensee’s or registrant’s control. Any such notice in writing shall comply with paragraph (2) of this rule.
The licensee or registrant or licensee’s or registrant’s representative may accompany Division inspectors during other phases of an inspection.
The provision of part 1 of this subparagraph shall not be interpreted as authorization to disregard instructions pursuant to Rule 0400-20-04-.12.

(b) If at the time of inspection, an individual has been authorized by the workers to represent them during inspections by the Division, the licensee or registrant shall notify the inspectors of such authorization and shall give the workers’ representative an opportunity to accompany the inspectors during the inspection of physical working conditions.

Different representative of licensees or registrants and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection. However, only one worker’s representative at a time may accompany the inspectors.
Any worker’s representative shall be an employee of the licensee or registrant and should be a worker as defined in Rule 0400-20-04-.04 and shall have received instructions as specified in Rule 0400-20-04-.12.
In addition to the licensee’s or registrant’s representative and with the approval of the licensee or registrant and the workers’ representative, an individual who is not routinely engaged in work under control of the licensee or registrant, for example, a consultant to the licensee or registrant or to the workers’ representative, shall be afforded the opportunity to accompany Division inspectors during the inspection of physical working conditions.
The workers’ representative for any area containing proprietary information shall be an individual previously authorized by the licensee or registrant to enter that area.
Notwithstanding the other provisions of this rule, Division inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection.

(2) Requests by Workers for Inspection.

(a) Any worker or representative of workers who believes that a violation of T.C.A. §§ 68- 202-201 et seq., these rules, conditions of a Certified Registration, or license conditions exists or has occurred in activities subject to these regulations with regard to radiological working conditions in which the worker is engaged, may request an inspection by registering a complaint of the alleged violation with the Commissioner, Tennessee Department of Environment and Conservation; Director, Division of Radiological Health; or Division inspectors.

Any such complaint shall be in writing, shall set forth the specific grounds for the complaint and shall be signed by the worker or representative of workers.
A copy of the complaint shall be provided the licensee or registrant by the Division no later than at the time of inspection except that, upon request of the worker registering such complaint, his name and the name of individuals referred to therein shall not appear in such a copy or on any record published, released or made available by the Division except for good cause shown.

(b) If, upon receipt of such complaint, the Division determines that the complaint meets the requirements set forth in subparagraph (a) of this paragraph and that there are reasonable grounds to believe that the alleged violation exists or has occurred, an inspection will be made as soon as practicable, to determine if such alleged violation exists or has occurred. Inspections pursuant to this paragraph need not be limited to matters referred to in the request for an inspection.

(c) If it is determined that there are no reasonable grounds to believe that a violation exists or has occurred, the complainant shall be notified by the Division in writing.

(d) No licensee or registrant shall discharge or in any manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under these regulations or has testified or is about to testify in any such proceeding or because of the exercise by such worker on behalf of himself or others of any option afforded by these regulations.

(3) Inspections of radiation machines are to be conducted:

(a) According to Class as follows:

CLASS I - once every 4 years CLASSES II and V - once every 2 years CLASSES III, IV, VI and VII - annually (b) By personnel of the Division of Radiological Health, Tennessee Department of Environment and Conservation, or (c) As provided in paragraph (4) of this rule, and (d) According to the same criteria and to the satisfaction of the Division and provided the appropriate Division forms are completed and submitted along with any documentation required by subparagraph (e) of this paragraph, and (e) By the Division of Radiological Health on a selected number of those facilities providing an inspection report as permitted by paragraph (4) of this rule.

(4) Except for inspections of fusion machines or fusion processes subject to Chapter 0400-20- 14, the Division will accept, as inspections for a reduced registration fee for Classes I through VII, as provided for in subparagraph (3)(d) of Rule 0400-20-10-.24, inspections by an individual other than an employee of the Division, provided:

(a) The individual’s inspections are satisfactory to the Division;

(b) The individual is registered with the Division;

(c) The individual has paid an annual registration fee to the Division; and (d) The individual meets one set of the following criteria:

Formal Education or Certification Plus Experience 1. Bachelor’s degree in a physical science or mathematics Four years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed 2. Bachelor’s degree in a physical science or a biological science with a physical science minor and one year of graduate work in health physics Three years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed 3. Master’s degree in health physics or radiological health Two years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed 4. Doctor’s degree in health physics or radiological health One year of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed 5. Certification by the American Board of Health Physics or by the American Board of Radiology or be a Fellow, Canadian College of Physicists in Medicine One year of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed 6. Two notarized letters of reference from persons registered to provide inspections for reduction in fees and meeting any of the above sets of criteria certifying to the individual’s capabilities to perform the necessary inspections Five years of applied health physics experience in a program with radiation safety problems similar to those in the program to be surveyed (5) Inspections satisfactory to the Division. The following constitute a proper inspection and must occur:

(a) The inspection of an x-ray facility subject to registration under “State Regulations for Protection Against Radiation” shall identify the compliance status of the facility and each piece of equipment subject to registration with respect to requirements in Chapters 0400-20-04, 0400-20-05, 0400-20-06, 0400-20-08, 0400-20-09 and this

Chapter.

(b) The qualified individual performing the inspection shall record the results of the inspection on evaluation forms provided by the Division, one form for each facility plus an appropriate form, or forms, for each piece of equipment. The evaluation forms shall describe the compliance status of the facility and equipment as it exists at the time of the inspection.

(c) The qualified individual shall provide signed and dated evaluation and certification of compliance forms to the registrant promptly.

(d) The registrant shall submit evaluation and certification of compliance forms to the Division as set out in subparagraph (3)(d) of Rule 0400-20-10-.24.

(e) A registrant whose inspection reveals an item of non-compliance shall correct the item promptly following notification by the qualified individual. The registrant shall provide appropriate documentation of the correction to the Division as set out in paragraph (3) of Rule 0400-20-10-.24.

(f) If as a result of inadvertent error or excusable neglect a tube(s) is not inspected, the Commissioner or the Commissioner’s designee may grant the 18 percent fee for all other tubes provided they were timely inspected by a qualified individual.

(g) For a tube that is inoperable at the time of inspection, the qualified individual shall submit a form indicating the tube was inoperable. The tube shall be inspected within 60 days of its becoming functional.

(6) If a registrant who has previously employed inspection services of registered individuals, other than employees of the Division, as authorized by paragraph (4) of Rule 0400-20-10-.27, chooses to discontinue those services, then the registrant shall notify the Division 90 days prior to the end of the respective inspection cycle. Should the registrant fail to notify the Division within this time frame, a penalty consistent with T.C.A. § 68-202-212(b) may be assessed.

(7) Inspections performed by qualified individuals shall be subject to a random survey inspection by the Division for maintaining quality assurance or enforcement action.

(a) The Division may deny a registered inspector application, or temporarily suspend or permanently revoke an existing approval, if it determines that the qualified individual:

Has falsified an application or inspection data;
Is negligent in the performance of inspections such that the inspection report contains significant errors; or 3. Has used any inspection procedure found unsatisfactory under paragraph (5) of this rule.

(b) If it is determined that an inspection performed by a qualified individual does not meet the requirements of paragraph (5) of this rule or this paragraph, enforcement action may include:

Heightened oversight for a period up to 12 months;
Additional audits and/or accompaniments by Division staff;
Suspension of the qualified individual’s approval for a period up to 12 months; and 4. Permanent revocation of the qualified individual’s approval to perform inspections.

(c) The Division may initiate enforcement action as set forth at T.C.A. § 68-202-506 against any registrant the Division determines has participated in the submission of any application of an individual seeking to register as a qualified individual to perform inspections as defined in paragraph (4) of Rule 0400-20-10-.27 or any unsatisfactory inspection report from any qualified individual involving:

Falsified application or inspection data;
Negligence in the performance of an inspection such that the inspection report contains significant errors; or 3. Use of any inspection procedure found unsatisfactory under paragraph (5) of this

rule.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024. Amendments filed February 28, 2024; effective May 28, 2024. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-10-.28 TESTS

Each licensee and registrant shall perform, upon instruction from the Division, or shall permit the Division to perform, such tests as the Division may require including, but not limited to, tests of:

(1) Sources of radiation;

(2) Facilities wherein sources of radiation are used or stored;

(3) Radiation detection and monitoring instruments; and (4) Other equipment and devices used in connection with utilization or storage of licensed or registered sources of radiation.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.29 RECIPROCAL RECOGNITION OF LICENSES

(1) Subject to these regulations, any individual in another state who holds a specific license from the U.S. Nuclear Regulatory Commission, an Agreement State or Licensing State, and issued by the agency having primary jurisdiction, where the licensee maintains an office for directing the licensed activities and at which radiation safety records are normally maintained, may possess or use the licensed radioactive material to conduct the activities authorized by such license within this State for a period not in excess of 180 days in any calendar year and will be considered, without obtaining a specific licensing document from this Division, a licensee of this State provided that:

(a) The out-of-state licensing document does not limit the activity authorized by such document to specified installations or locations;

(b) The out-of-state licensee notifies the Division in writing at least three days prior to each entry into this State to engage in such activity. Such notification shall indicate the location, period, type of proposed possession, use and supervisor within this State, and shall be accompanied by a copy of the pertinent licensing document or shall indicate in the notification that such licensing document has previously been submitted to this Division. If for a specific case, the three-day period would impose an undue hardship, the Division may authorize such person to proceed sooner upon notification by telephone of intent to conduct the proposed activity provided that the licensee shall file in writing the information required in this paragraph within three days of the telephone notification;

(c) The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the provisions of this rule except by transfer to a person:

Specifically licensed by the Division, the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State to receive such material; or 2. Exempt from the requirements for a license for such material under subparagraph (1)(a) of Rule 0400-20-10-.04;

(d) The out-of-state licensee complies with all applicable regulations of the Division and with all the terms and conditions of his licensing document, except any such terms and conditions which may be inconsistent with applicable regulations of the Division; and (e) The Division may require the out-of-state licensee to supply such other information as the Division may request.

(2) Notwithstanding the provision of paragraph (1) of this rule, any person who holds a specific license issued by the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State authorizing the holder to manufacture, install, or service a device described in subparagraph (2)(a) of Rule 0400-20-10-.10 within the areas subject to the jurisdiction of the licensing body is hereby granted a general license to install and service such device in this State provided that:

(a) The device has been manufactured, labeled, installed and serviced in accordance with applicable provisions of the specific license issued to such person by the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State; and (b) Such person shall assure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that “Removal of this label is prohibited.”

(3) The Division may withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by another agency, or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to protect the public health and safety or property.

(4) Before radioactive materials can be used at a temporary job site within the State at any Federal facility, the jurisdictional status of the job site shall be determined. If the jurisdictional status is unknown, the Federal agency should be contacted to determine if the job site is under exclusive Federal jurisdiction.

(a) In areas of exclusive Federal jurisdiction, the general license is subject to all the applicable rules, regulations, orders and fees of the NRC, and (b) Authorizations for use of radioactive materials at job sites under exclusive Federal jurisdiction shall be obtained from the NRC by either:

Filing a NRC Form-241 in accordance with 10 CFR 150.20(b); or 2. By applying for a specific NRC license.

(5) Before radioactive material can be used at a temporary job site in another State, authorization shall be obtained for the State if it is an Agreement State, or from the NRC for any non-Agreement State, either by filing for reciprocity or applying for a specific license.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed February 28, 2024; effective May 28, 2024.

Tenn. Comp. R. & Regs. 0400-20-10-.30 PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

(1) This rule establishes requirements for packaging, preparation for shipment, and transportation of radioactive material and applies to any licensee or registrant authorized by specific or general license to receive, possess, use, or transfer licensed material, if the person delivers that material to a carrier for transport, transports the material outside the site of usage as specified in the license, or transports that material on public highways. This

rule does not authorize possession of licensed material.

(2) Except as authorized in a general license or a specific license issued by the Division, or as exempted in this rule, no licensee may:

(a) Deliver licensed material to a carrier for transport; or (b) Transport licensed material.

(3) Any physician as defined in Rule 0400-20-04-.04 is exempt from paragraph (4) of this rule with respect to transport by the physician of licensed material for use in the practice of medicine. However, any physician operating under this exemption must be licensed under

Chapter 0400-20-07 or 10 CFR Part 35.

(4) A licensee who, under a general or specific license, transports licensed material outside its site of authorized use or on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of this rule and with the applicable requirements of the U.S. DOT regulations in 49 CFR Parts 107, 171 through 180, and 390 through 397, appropriate to the mode of transport.

(a) The licensee shall particularly note U.S. DOT regulations in the following areas:

Packaging: 49 CFR part 173, subparts A and B and I;
Marking and labeling: 49 CFR 172, subpart D, 172.400 through 172.407, and 172.436 through 172.441 of subpart E;
Placarding: 49 CFR part 172, subpart F, especially 172.500 through 172.519, 172.556 and appendices B and C;
Accident reporting: 49 CFR part 171, 171.15 and 171.16;
Shipping papers and emergency information: 49 CFR part 172, subparts C and G;
Hazardous material employee training: 49 CFR part 172, subpart H;
Hazardous material shipper/carrier registration: 49 CFR part 107, subpart G; and 8. Security plans: 49 CFR Part 172, Subpart I.

(b) The licensee shall also note U.S. DOT regulations pertaining to the following modes of transportation:

Rail: 49 CFR part 174, subparts A through D and K;
Air: 49 CFR part 175;
Vessel: 49 CFR part 176, subparts A through F and M; and 4. Public highway: 49 CFR part 177 and parts 390 through 397.

(5) If U.S. DOT regulations are not applicable to a shipment of licensed material, the licensee shall conform to the standards and requirements of the U.S. DOT specified in subparagraph (4)(a) of this rule to the same extent as if the shipment or transportation were subject to U.S.

DOT regulations. A request for modification, waiver or exemption from those requirements, and any notification referred to in those requirements, shall be filed with, or made to, the Director of the Division of Radiological Health at the address given in Rule 0400-20-04-.07.

(6) Exemptions.

(a) Carriers.

Common and contract carriers, freight forwarders, warehousemen, and the U.S. Postal Service are exempt from the rules in this Chapter and the requirements for a license set in this Chapter to the extent that they transport or store byproduct material in the regular course of carriage for another or storage incident thereto.

(b) Exemption for low-level materials.

A licensee is exempt from all requirements of this rule with respect to shipment or carriage of the following low-level materials:

(i) Natural material and ores containing naturally occurring radionuclides that are either in their natural state, or have only been processed for purposes other than for the extraction of the radionuclides, and which are not intended to be processed for use of these radionuclides, provided the activity concentration of the material does not exceed ten times the values specified in Table A-2 or Table A-3 of Schedule 10-6 in Rule 0400-20-10- .38; and (ii) Materials for which the activity concentration is not greater than the activity concentration values specified in Table A-2 or Table A-3 of Schedule 10-6 in Rule 0400-20-10-.38, or for which the consignment activity is not greater than the limit for an exempt consignment found in Table A-2 or Table A-3 of Schedule 10-6 in Rule 0400-20-10-.38.

(iii) Non-radioactive solid objects with radioactive substances present on any surfaces in quantities not in excess of the levels cited in the definition of contamination in Rule 0400-20-04-.04.

Reserved.
Reserved.

Fissile material meeting the requirements of at least one of the subparts (i) through (vi) of this part are exempt from classification as fissile material, but are subject to all other requirements of this rule, except as noted;

(i) Individual package containing 2 grams or less fissile material;

(ii) Individual or bulk packaging containing 15 grams or less of fissile material provided the package has at least 200 grams of solid nonfissile material for every gram of fissile material. Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but must not be included in determining the required mass for solid nonfissile material;

(iii) (I) Low concentrations of solid fissile material commingled with solid nonfissile material, provided that:

I. There is at least 2000 grams of solid nonfissile material for every gram of fissile material, and II. There is no more than 180 grams of fissile material distributed within 360 kg of contiguous nonfissile material;

(II) Lead, beryllium, graphite, and hydrogenous material enriched in deuterium may be present in the package but must not be included in determining the required mass of solid nonfissile material;

(iv) Uranium enriched in uranium-235 to a maximum of 1 percent by weight, and with total plutonium and uranium-233 content of up to 1 percent of the mass of uranium-235, provided that the mass of any beryllium, graphite, and hydrogenous material enriched in deuterium constitutes less than 5 percent of the uranium mass, and that the fissile material is distributed homogeneously and does not form a lattice arrangement within the package;

(v) Liquid solutions of uranyl nitrate enriched in uranium-235 to a maximum of 2 percent by mass, with a total plutonium and uranium-233 content not exceeding 0.002 percent of the mass of uranium, and with a minimum nitrogen to uranium atomic ratio (N/U) of 2. The material must be contained in at least a DOT Type A package; and (vi) Packages containing, individually, a total plutonium mass of not more than 1000 grams, of which not more than 20 percent by mass may consist of plutonium-239, plutonium-241, or any combination of these radionuclides.

(7) General license: U.S. NRC-approved package.

(a) A general license is hereby issued to any licensee of the Division to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, certificate of compliance or other approval has been issued by the U.S. Nuclear Regulatory Commission.

(b) 1. This general license applies only to a licensee who has a quality assurance program approved by the Division as satisfying the provisions of this rule.

Each licensee issued a general license under subparagraph (a) of this paragraph shall:

(i) Maintain a copy of the NRC-issued certificate of compliance, or other approval of the package, and the drawings and other documents referenced in the approval relating to the use and maintenance of the packaging and to the actions to be taken before shipment;

(ii) Comply with the terms and conditions of the license, certificate, or other approval, as applicable, and the applicable requirements of this rule; and (iii) Submit in writing before the first use of the package to: ATTN: Document Control Desk, Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in 10 C.F.R. § 71.1(a), the licensee’s name and license number and the package identification number specified in the package approval.

(c) This general license applies only when the package approval authorizes use of the package under this general license.

(d) For a Type B or fissile material package, the design of which was approved by U.S.

NRC before April 1, 1996, the general license is subject to the additional restrictions in 10 CFR 71.19.

(8) Reserved.

(9) General license: Use of foreign approved package.

(a) A general license is issued to any licensee of the Division to transport, or to deliver to a carrier for transport, licensed material in a package the design of which has been approved in a foreign national competent authority certificate that has been revalidated by U.S. DOT as meeting the applicable requirements of 49 CFR 171.23.

(b) Except as otherwise provided in this paragraph, the general license applies only to a licensee who has a quality assurance program approved by the Division as satisfying the applicable provisions of this rule.

(d) Each licensee issued a general license under subparagraph (a) of this paragraph shall:

Maintain a copy of the applicable certificate, the revalidation and the drawings and other documents referenced in the certificate, relating to the use and maintenance of the packaging and to the actions to be taken before shipment;
Comply with the terms and conditions of the certificate and revalidation and with the applicable requirements of this rule.

(10) General license: Fissile material (a) A general license is issued to any licensee of the Division or U.S. NRC to transport fissile material, or to deliver fissile material to a carrier for transport, if the material is shipped in accordance with this paragraph. The fissile material need not be contained in a package which meets the standards of 10 CFR Part 71 subparts E and F of U.S.

NRC regulations; however, the material must be contained in a Type A package. The Type A package must also meet the DOT requirements of 49 CFR 173.417(a).

(b) The general license applies only to a licensee who has submitted to the Division and received Division approval for a quality assurance program that satisfies the provisions found in this rule.

Contain less than a Type A quantity of fissile material; and 2. Contain less than 500 total grams of beryllium, graphite, or hydrogenous material enriched in deuterium.

(d) The general license applies only to packages containing fissile material that are labeled with a CSI which:

Has been determined in accordance with subparagraph (e) of this paragraph;
Has a value less than or equal to 10; and 3. For a shipment of multiple packages containing fissile material, the sum of the CSIs must be less than or equal to 50 (for shipment on a nonexclusive use conveyance) and less than or equal to 100 (for shipment on an exclusive use conveyance).

(e) 1. The value for the CSI must be greater than or equal to the number calculated by the following equation:

CSI = 10[ grams of U + grams of U + grams of Pu ] ;

X Y Z

The calculated CSI must be rounded up to the first decimal place;
The values of X, Y, and Z used in the CSI equation must be taken from Tables RHS 7-3 or 7-4, as appropriate;
If Table RHS 7-4 is used to obtain the value of X, then the values for the terms in the equation for uranium-233 and plutonium must be assumed to be zero; and 5. Table RHS 7-3 values for X, Y, and Z must be used to determine the CSI if:

(i) Uranium-233 is present in the package;

(ii) The mass of plutonium exceeds 1 percent of the mass of uranium-235;

(iii) The uranium is of unknown uranium-235 enrichment or greater than 24 weight percent enrichment; or (iv) Substances having a moderating effectiveness (i.e., an average hydrogen density greater than H O) (e.g., certain hydrocarbon oils or plastics) are present in any form, except as polyethylene used for packing or wrapping.

Table RHS 7-3. Mass Limits for General License Packages Containing Mixed Quantities of Fissile Material or Uranium-235 of Unknown Enrichment per subparagraph (10)(e) of Rule 0400-20-10-.30 Fissile material Fissile material mass mixed with moderating substances having an average hydrogen density less than or equal to H O (grams)

Fissile material mass mixed with moderating substances having an average hydrogen density greater than H O a (grams)

U (X) 60 38

U (Y) 43 27

Pu or Pu (Z) 37 24 a When mixtures of moderating substances are present, the lower mass limits shall be used if more than 15 percent of the moderating substance has an average hydrogen density greater than H O.

Table RHS 7-4 Mass Limits for General License Packages Containing Uranium-235 of Known Enrichment per subparagraph (10)(e) of Rule 0400-20-10-.30 Uranium enrichment in weight percent of U not exceeding Fissile material mass of U (X) (grams) 24 60 20 63 15 67 11 72 10 76 9.5 78 9 81 8.5 82 8 85 7.5 88 7 90 6.5 93 6 97 5.5 102 5 108 4.5 114 4 120 3.5 132 3 150 2.5 180 2 246 1.5 408 1.35 480 1 1,020 0.92 1,800 (11) General license: Plutonium-beryllium special form material.

(a) A general license is issued to any licensee of the Division or the U.S. NRC to transport fissile material in the form of plutonium-beryllium (Pu-Be) special form sealed sources, or to deliver Pu-Be sealed sources to a carrier for transport, if the material is shipped in accordance with this rule. This material need not be contained in a package which meets the standards of 10 CFR Part 71 subparts E and F; however, the material must be contained in a Type A package. The Type A package must also meet the DOT requirements of 49 CFR 173.417(a).

(b) The general license applies only to a licensee who has submitted to the Division and received Division approval for a quality assurance program that satisfies the provisions found in this rule.

Contain no more than a Type A quantity of radioactive material; and 2. Contain less than 1000 g of plutonium, provided that: plutonium-239, plutonium- 241, or any combination of these radionuclides, constitutes less than 240 g of the total quantity of plutonium in the package.

(d) The general license applies only to packages labeled with a CSI which:

Has been determined in accordance with subparagraph (e) of this paragraph;
Has a value less than or equal to 100; and 3. For a shipment of multiple packages containing Pu-Be sealed sources, the sum of the CSIs must be less than or equal to 50 (for shipment on a nonexclusive use conveyance) and less than or equal to 100 (for shipment on an exclusive use conveyance).

(e) 1. The value for the CSI must be greater than or equal to the number calculated by the following equation:

CSI = 10 [

Grams of Pu + grams of Pu ] ; and 2. The calculated CSI must be rounded up to the first decimal place.

(12) Fissile Material: Assumptions as to unknown properties of fissile material.

(a) When the isotopic abundance, mass, concentration, degree of irradiation, degree of moderation, or other pertinent property of fissile material in any package is not known, the licensee shall package the fissile material as if the unknown properties have credible values that will cause the maximum neutron multiplication.

(13) Before the first use of any packaging for the shipment of licensed material, a licensee shall ascertain that the determinations in 10 CFR 71.85(a)-(c) have been made.

(14) Routine determinations.

(a) Before each shipment of licensed material, the licensee shall ensure that the package with its contents satisfies the applicable requirements of this rule and of the license.

The licensee shall determine that:

The package is proper for the contents to be shipped;
The package is in unimpaired physical condition except for superficial defects such as marks or dents;
Each closure device of the packaging, including any required gasket, is properly installed, secured and free of defects;
Any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid in accordance with 10 CFR 71, Subpart F;
Any pressure relief device is operable and set in accordance with written procedures;
The package has been loaded and closed in accordance with written procedures;
For fissile material, any moderator or neutron absorber, if required, is present and in proper condition;
Any structural part of the package that could be used to lift or tie down the package during transport is rendered inoperable for that purpose, unless it satisfies the design requirements of 10 CFR 71.45;
The level of non-fixed (removable) radioactive contamination on the external surfaces of each package offered for shipment is as low as reasonably achievable and within the limits specified in U.S. DOT regulations in 49 CFR 173.443;
External radiation levels around the package and around the vehicle, if applicable, will not exceed the limits specified in 10 CFR 71.47 at any time during transportation; and 11. Accessible package surface temperatures will not exceed the limits specified in 10 CFR 71.43(g) at any time during transportation.

(b) Reserved.

(15) Air transport of plutonium.

(a) Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in this rule or included indirectly by citation of 49 CFR

Chapter I, as may be applicable, the licensee shall assure that plutonium in any form, whether for import, export or domestic shipment, is not transported by air or delivered to a carrier for air transport unless:

The plutonium is contained in a medical device designed for individual human application; or 2. The plutonium is contained in a material in which the specific activity is less than or equal to the activity concentration values for plutonium specified in Table A-2 of Schedule 10-6 in Rule 0400-20-10-.38 and in which the radioactivity is essentially uniformly distributed; or 3. The plutonium is shipped in a single package containing no more than an A quantity of plutonium in any isotope or form and is shipped in accordance with paragraphs (4) and (5) of this rule; or 4. The plutonium is shipped in a package specifically authorized for the shipment of plutonium by air in the Certificate of Compliance for that package issued by the U.S. Nuclear Regulatory Commission.

(b) Nothing in subparagraph (a) of this paragraph is to be interpreted as removing or diminishing the requirements of 10 CFR 73.24.

(c) For a shipment of plutonium by air that is subject to part (a)4 of this paragraph, the licensee shall, through special arrangement with the carrier, require compliance with 49 CFR 175.704, U.S. Department of Transportation regulations applicable to the air transport of plutonium.

(16) Opening instructions.

Before delivery of a package to a carrier for transport, the licensee shall ensure that any special instructions needed to safely open the package have been sent to, or otherwise made available to, the consignee for the consignee’s use in accordance with subparagraphs (5)(a) and (b) of Rule 0400-20-05-.115.

(17) Records.

(a) Each licensee shall maintain, for a period of 3 years after shipment, a record of each shipment of licensed material not exempt under paragraph (6) of this rule, showing where applicable:

Identification of the packaging by model number and serial number;
Verification that there are no significant defects in the packaging, as shipped;
Volume and identification of coolant;
Type and quantity of licensed material in each package and the total quantity of each shipment;
For each item of irradiated fissile material:

(i) Identification by model number and serial number;

(ii) Irradiation and decay history to the extent appropriate to demonstrate that its nuclear and thermal characteristics comply with license conditions; and (iii) Any abnormal or unusual condition relevant to radiation safety;

Date of the shipment;
For fissile packages and for Type B packages, any special controls exercised;
Name and address of the transferee;
Address to which the shipment was made; and 10. Results of the determinations required by paragraph (14) of this rule and by the conditions of the package approval.

(b) The licensee shall make available to the Division for inspection, upon reasonable notice, all records required by this rule. Records are only valid if stamped, initialed, or signed and dated by authorized personnel or otherwise authenticated.

(c) The licensee shall maintain sufficient written records to furnish evidence of the quality of packaging. The records to be maintained include results of the determinations required by paragraph (13) of this rule; design, fabrication, and assembly records; results of reviews, inspections, tests, and audits; results of monitoring work performance and materials analyses; and results of maintenance, modification, and repair activities. Inspection, test, and audit records must identify the inspector or data recorder, the type of observation, the results, the acceptability and the action taken in connection with any deficiencies noted. The records must be retained for three years after the life of the packaging to which they apply.

(18) Reserved.

(19) Inspection and tests.

In addition to the requirements in paragraph (1) of Rule 0400-20-10-.27 and Rule 0400-20- 10-.28, the licensee shall notify the Director, Division of Radiological Health, at the address given in Rule 0400-20-10-.07, at least 45 days before fabrication of a package to be used for the shipment of licensed material having a decay heat load in excess of 5 kW or with a maximum normal operating pressure in excess of 103 kPa (15 lbf/in ) gauge.

(20) Reports.

The licensee shall report to the Director, Division of Radiological Health, within 30 days:

(a) Any instance in which there is significant reduction in the effectiveness of any approved Type B, or fissile, packaging during use;

(b) Details of any defects with safety significance in Type B, or fissile, packaging after first use, with the means employed to repair the defects and prevent their recurrence; or (c) Instances in which the conditions of approval in the certificate of compliance were not observed in making a shipment.

(21) Advance notification of shipment of nuclear waste.

(a) 1. As specified in subparagraphs (b), (c) and (d) of this paragraph, each licensee shall provide advance notification to the governor of a state, or the governor’s designee, and to the Director, Division of Radiological Health, of the shipment of licensed material, within or across the boundary of the State, before the transport, or delivery to a carrier for transport, of licensed material outside the confines of the licensee’s plant or other place of use or storage.

As specified in subparagraphs (b), (c), and (d) of this paragraph, each licensee shall provide advance notification to the Tribal official of participating Tribes referenced in subpart (c)3(iii) of this paragraph, or the official’s designee, of the shipment of licensed material, within or across the boundary of the Tribe’s reservation, before the transport, or delivery to a carrier, for transport, of licensed material outside the confines of the licensee’s plant or other place of use or storage.

(b) Advance notification is also required under this paragraph for shipment of licensed material, other than irradiated fuel, meeting the following three conditions:

The licensed material is required by 10 CFR 71 to be in Type B packaging for transportation;
The licensed material is being transported to or across the State boundary en route to a disposal facility or to a collection point for transport to a disposal facility; and 3. The quantity of licensed material in a single package exceeds the least of the following:

(i) 3000 times the A value of the radionuclides as specified in Schedule 10-6 in Rule 0400-20-10-.38, Table A-1 for special form radioactive material;

(ii) 3000 times the A value of the radionuclides as specified in Schedule 10-6 in Rule 0400-20-10-.38, Table A-1 for normal form radioactive material; or (iii) 1000 TBq (27,000 Ci).

The notification shall be made in writing to the office of each appropriate governor or governor’s designee, the office of each appropriate Tribal official or Tribal official’s designee, the Director, Division of Radiological Health, and to the Director, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission.
A notification delivered by mail shall be postmarked at least seven days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.
A notification delivered by any other means than mail shall reach the office of the governor, or of the governor’s designee, the Tribal official or Tribal official’s designee, and the Director, Division of Radiological Health, at least four days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.

(i) Reserved.

(ii) Contact information for each state, including telephone and mailing addresses of governors and governors’ designees, and participating Tribes, including telephone and mailing addresses of Tribal officials and Tribal officials’ designees, is available on the U.S. Nuclear Regulatory Commission Web site at: https://scp.nrc.gov/special/designee.pdf.

(iii) A list of the names and mailing addresses of the governors’ designees and Tribal officials’ designees of participating Tribes is available on request from the Director, Division of Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

(iv) The licensee shall retain a copy of the notification as a record for three years.

(d) Information to be furnished in advance notification of shipment. Each advance notification of shipment nuclear waste shall contain the following information:

The name, address and telephone number of the shipper, carrier and receiver of the nuclear waste shipment;
A description of the nuclear waste contained in the shipment, as specified in the regulations of U.S. DOT in 49 CFR 172.202 and 172.203(d);
The point of origin of the shipment and the 7-day period during which departure of the shipment is estimated to occur;
The 7-day period during which arrival of the shipment at the State boundaries or Tribal reservation boundaries is estimated to occur;
The destination of the shipment and the 7-day period during which arrival of the shipment is estimated to occur; and 6. A point of contact, with a telephone number, for current shipment information.

(e) Revision notice.

A licensee who finds that schedule information previously furnished to the governor, or governor’s designee, or a Tribal official or Tribal official’s designee, and to the Director, Division of Radiological Health, in accordance with this paragraph, will not be met, shall telephone a responsible individual in the office of the governor of the State, or of the governor’s designee, or a Tribal official or Tribal official’s designee, and of the Division of Radiological Health and inform those individuals of the extent of the delay beyond the schedule originally reported. The licensee shall maintain a record of the name of the individual contacted for 3 years.

(f) Cancellation notice.

Each licensee who cancels a nuclear waste shipment for which advance notification has been sent shall send a cancellation notice to the governor of each State, or to the governor’s designee, previously notified, each Tribal official or to the Tribal official’s designee previously notified, and to the Director, Division of Radiological Health.
The licensee shall state in the notice that it is a cancellation and identify the advance notification that is being canceled. The licensee shall retain a copy of the notice as a record for 3 years.

(22) Quality assurance.

(a) Quality assurance requirements.

This subparagraph describes quality assurance requirements applying to design, purchase, fabrication, handling, shipping, storing, cleaning, assembly, inspection, testing, operation, maintenance, repair, and modification of components of packaging that are important to safety. As used in this paragraph, “quality assurance” comprises all those planned and systematic actions necessary to provide adequate confidence that a system or component will perform satisfactorily in service. Quality assurance includes quality control, which comprises those quality assurance actions related to control of the physical characteristics and quality of the material or component to predetermined requirements. Each licensee is responsible for the quality assurance requirements that apply to its use of a packaging for the shipment of licensed material subject to this paragraph.
Establishment of program.

Each licensee shall establish, maintain, and execute a quality assurance program satisfying each of the applicable criteria of this rule and satisfying any specific provisions that are applicable to the licensee’s activities including procurement of packaging. The licensee shall execute the applicable criteria in a graded approach to an extent that is commensurate with the quality assurance requirement’s importance to safety.

Approval of program.

Before the use of any package for the shipment of licensed material subject to this paragraph, each licensee shall obtain Division approval of its quality assurance program. Using an appropriate method listed in Rule 0400-20-04-.07 each licensee shall file a description of its quality assurance program, including a discussion of which requirements of this paragraph are applicable and how they will be satisfied.

Radiography containers.

A program for transport container inspection and maintenance limited to radiographic exposure devices, source changers, or packages transporting these devices and meeting the requirements of subparagraph (8)(b) of Rule 0400-20- 08-.04 or equivalent Nuclear Regulatory Commission, or Agreement State requirement, is deemed to satisfy the requirements of part (7)(b)4 of this rule and

part 2 of this subparagraph.

(b) Quality assurance organization.

A licensee shall be responsible for the establishment and execution of the quality assurance program. The licensee may delegate to others, such as contractors, agents, or consultants, the work of establishing and executing the quality assurance program, or any part of the quality assurance program, but shall retain responsibility for the program. These activities include performing the functions associated with attaining quality objectives and the quality assurance functions.
The quality assurance functions are:

(i) Assuring that an appropriate quality assurance program is established and effectively executed; and While the term “licensee” is used in these criteria, the requirements are applicable to whatever design, fabrication, assembly, and testing of the package is accomplished with respect to a package before the time a package approval is issued.

(ii) Verifying, by procedures such as checking, auditing, and inspection, that activities affecting the functions that are important to safety have been correctly performed.

The persons and organizations performing quality assurance functions must have sufficient authority and organizational freedom to:

(i) Identify quality problems;

(ii) Initiate, recommend, or provide solutions; and (iii) Verify implementation of solutions.

A licensee shall establish, at the earliest practicable time consistent with the schedule for accomplishing the activities, a quality assurance program that complies with the requirements of this rule. The licensee shall document the quality assurance program by written procedures or instructions and shall carry out the program in accordance with those procedures throughout the period during which the packaging is used. The licensee shall identify the material and components to be covered by the quality assurance program, the major organizations participating in the program, and the designated functions of these organizations.
A licensee, through its quality assurance program, shall provide control over activities affecting the quality of the identified materials and components to an extent consistent with their importance to safety, and as necessary to assure conformance to the approved design of each individual package used for the shipment of radioactive material. The licensee shall assure that activities affecting quality are accomplished under suitably controlled conditions.

Controlled conditions include the use of appropriate equipment; suitable environmental conditions for accomplishing the activity, such as adequate cleanliness; and assurance that all prerequisites for the given activity have been satisfied. The licensee shall take into account the need for special controls, processes, test equipment, tools, and skills to attain the required quality, and the need for verification of quality by inspection and test.

A licensee shall base the requirements and procedures of its quality assurance program on the following considerations concerning the complexity and proposed use of the package and its components:

(i) The impact of malfunction or failure of the item to safety;

(ii) The design and fabrication complexity or uniqueness of the item;

(iii) The need for special controls and surveillance over processes and equipment;

(iv) The degree to which functional compliance can be demonstrated by inspection or test; and (v) The quality history and degree of standardization of the item.

A licensee shall provide for indoctrination and training of personnel performing activities affecting quality, as necessary to assure that suitable proficiency is achieved and maintained. The licensee shall review the status and adequacy of the quality assurance program at established intervals. Management of other organizations participating in the quality assurance program shall review regularly the status and adequacy of that part of the quality assurance program they are executing.

(d) Handling, storage, and shipping control.

The licensee shall establish measures to control, in accordance with instructions, the handling, storage, shipping, cleaning, and preservation of materials and equipment to be used in packaging to prevent damage or deterioration. When necessary for particular products, special protective environments, such as inert gas atmosphere, and specific moisture content and temperature levels must be specified and provided.

(e) Inspection, test, and operating status.

A licensee shall establish measures to indicate, by the use of markings such as stamps, tags, labels, routing cards, or other suitable means, the status of inspections and tests performed upon individual items of the packaging. These measures must provide for the identification of items that have satisfactorily passed required inspections and tests, where necessary to preclude inadvertent bypassing of the inspections and tests.
A licensee shall establish measures to identify the operating status of components of the packaging, such as tagging valves and switches, to prevent inadvertent operation.

(f) Nonconforming materials, parts, or components.

A licensee shall establish measures to control materials, parts, or components that do not conform to the licensee’s requirements to prevent their inadvertent use or installation. These measures must include, as appropriate, procedures for identification, documentation, segregation, disposition, and notification to affected organizations. Nonconforming items must be reviewed and accepted, rejected, repaired, or reworked in accordance with documented procedures.

(g) Corrective action.

A licensee shall establish measures to assure that conditions adverse to quality, such as deficiencies, deviations, defective material and equipment, and nonconformances, are promptly identified and corrected. In the case of a significant condition adverse to quality, the measures must assure that the cause of the condition is determined and corrective action taken to preclude repetition. The identification of the significant condition adverse to quality, the cause of the condition, and the corrective action taken must be documented and reported to appropriate levels of management.

(h) Quality assurance records.

A licensee shall maintain sufficient written records to describe the activities affecting quality. The records must include changes to the quality assurance program as required by this rule, the instructions, procedures, and drawings required by 10 CFR 71.111 to prescribe quality assurance activities and must include closely related specifications such as required qualifications of personnel, procedures, and equipment.

The records must include the instructions or procedures which establish a records retention program that is consistent with applicable regulations and designates factors such as duration, location, and assigned responsibility. The licensee shall retain these records for three years beyond the date when the licensee last engages in the activity for which the quality assurance program was developed. If any portion of the quality assurance program, written procedures or instructions is superseded, the licensee shall retain the superseded material for three years after it is superseded.

(i) Audits.

A licensee shall carry out a comprehensive system of planned and periodic audits to verify compliance with all aspects of the quality assurance program and to determine the effectiveness of the program. The audits must be performed in accordance with written procedures or checklists by appropriately trained personnel not having direct responsibilities in the areas being audited. Audited results must be documented and reviewed by management having responsibility in the area audited. Follow up action, including re-audit of deficient areas, must be taken where indicated.

(j) Changes to quality assurance program 1. Each quality assurance program approval holder shall submit, in accordance with

Rule 0400-20-04-.07, a description of a proposed change to its Divisionapproved quality assurance program that will reduce commitments in the program description as approved by the Division. The quality assurance program approval holder shall not implement the change before receiving Division approval.

(i) The description of a proposed change to the Division-approved quality assurance program must identify the change, the reason for the change, and the basis for concluding that the revised program incorporating the change continues to satisfy the applicable requirements of this paragraph.

(ii) Reserved.

Each quality assurance program approval holder may change a previously approved quality assurance program without prior approval, if the change does not reduce the commitments in the quality assurance program previously approved by the Division. Changes to the quality assurance program that do not reduce the commitments shall be submitted to the Division every 24 months, in accordance with this rule. In addition to quality assurance program changes involving administrative improvements and clarifications, spelling corrections, and non-substantive changes to punctuation or editorial items, the following changes are not considered reductions in commitment:

(i) The use of a quality assurance standard approved by the Division that is more recent than the quality assurance standard in the program approval holder’s current quality assurance program at the time of the change;

(ii) The use of generic organizational position titles that clearly denote the position function, supplemented as necessary by descriptive text, rather than specific titles, provided that there is no substantive change to either the functions of the position or reporting responsibilities;

(iii) The use of generic organizational charts to indicate functional relationships, authorities, and responsibilities, or alternatively, the use of descriptive text, provided that there is no substantive change to the functional relationships, authorities, or responsibilities;

(iv) The elimination of quality assurance program information that duplicates language in quality assurance regulatory guides and quality assurance standards to which the quality assurance program approval holder has committed to on record; and (v) Organizational revisions that ensure that persons and organizations performing quality assurance functions continue to have the requisite

authority and organizational freedom, including sufficient independence from cost and schedule when opposed to safety considerations.

Each quality assurance program approval holder shall maintain records of quality assurance program changes.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed March 3, 2015; effective June 1, 2015. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-10-.31 FEES FOR LICENSES

(1) A fee shall be assessed and collected on the application for and annual maintenance of licenses regarding radioactive materials, as follows:

(a) Application filing fees from applicants for licenses to use or possess radioactive materials or any other activity authorized under this Chapter that requires a license from the Department.

(b) Annual maintenance fees from licensees or persons required to possess a license under this Chapter, including reciprocal activity under Rule 0400-20-10-.29.

(2) The application filing fees shall be the same amount as the annual maintenance fees set forth in paragraphs (6) through (19) of this rule. A radioactive material license application will not be considered for completeness unless the application filing fee has been paid in full. Within 15 days of receipt of an application, an invoice for the fee will be prepared and mailed to the applicant. The application filing fee is not refundable, except as specified in T.C.A. § 68-203- 103. Applicants for licenses greater than Category 8 shall pay the application fee annually until such time as the license is issued or denied. (An application filing fee shall be required when a licensee applies for a license modification to change to a higher numbered category, in which case the application fee will be the amount of the proposed new Category. The application filing fee shall serve as full payment of fees for the balance of the calendar year in which the license is issued.)

(3) If a license authorizes activities under more than one Category, the application and annual maintenance fee shall be the cumulative total for each applicable category under which the license is issued.

(4) The annual maintenance fees, based on the categories in paragraphs (6) through (19) of this

rule shall be payable to the Division of Radiological Health by check made payable to “Treasurer State of Tennessee” by February 17 of each year, as indicated on the annual invoice, until the license is terminated in accordance with these regulations.

(a) Provided that the licensee has demonstrated to the satisfaction of the Department that all of the requirements concerning disposal of radioactive material and the decontamination of facilities are met, the termination of the license is administratively accomplished by using one of the following:

As requested by the licensee;
By the Department for cause; or 3. In accordance with these regulations.

(b) The failure to acquire radioactive material or the disposal of radioactive material without notifying the Department and requesting termination in writing does not constitute termination of the license.

(5) Complete Applications (a) For the purpose of determining whether or not the Division has acted in the time frame established to process applications set forth in subparagraph (e) of this paragraph, the evaluation period shall not begin until a complete application has been filed in the Division of Radiological Health Central Office. All items on the application form shall be completed in sufficient detail to allow the Division to determine that the applicant’s equipment, facilities and radiation protection program are adequate to protect health and minimize danger to life and property.

(b) The Division shall denote the date that all applications for radioactive material license are received in its Nashville office.

(c) Upon receipt of an application, the Division must examine it to ensure that it is complete and advise the applicant in writing of its findings via electronic mail. Sixty days will be allowed for the initial and each subsequent review per part 3 of this subparagraph.

If an application is determined to be incomplete, the Division must notify the applicant in writing via electronic mail of the finding with a brief explanation of the deficiencies. The application filing fee shall be retained by the Division.
After receiving notice from the Division that the application was incomplete, the applicant shall have 180 calendar days to correct the deficiencies. If properly corrected, the application will be processed and no additional application fee is required, except for the possibility of those above Category 8. If the deficiencies are not corrected within the 180-day correction period, the fee will be forfeited in its entirety to the Division with no further action taken on the application by the Division. If the applicant re-applies, a new application fee must be paid in full.
Upon receipt of a corrected application revised pursuant to part 1 or 2 of this subparagraph, the Division shall re-evaluate the application and notify the applicant of its finding as to whether the deficiencies in the application have been corrected. The same procedure to notify an applicant as to whether the application is complete will follow the requirements specified by this subparagraph, with the exception being that the 180-day correction period begins from the receipt of the initial application—not receipt of the revised application.
Any person possessing licensable quantities of unlicensed radioactive material during the review of an application for a license for the radioactive material shall be in violation of Rule 0400-20-10-.02.

(d) Revisions to an application, to reflect changes in radioactive material or its use, will be accepted by the Division during the application processing period. However, notwithstanding subparagraph (e) of this paragraph, the deadline for evaluation as to issuance of a license will restart upon each and every revision.

(e) The Division shall make a decision to issue or deny a request for a new radioactive material license, except Category 12, and notify the applicant of that decision in no more than 365 days after receipt of a complete application, unless the Division has requested technical assistance in the review of the application from the Nuclear Regulatory Commission.

(6) CATEGORY GL ----------------------------------------------------------------------------------------- $350.00

Any person possessing radioactive material, under the terms of any general license issued these regulations, in a form or device on which a test for leakage of radioactive material is required.

(7) CATEGORY 1 -------------------------------------------------------------------------------------------- $425.00

A specific license for source material used exclusively for shielding radiation.

(8) CATEGORY 2 -------------------------------------------------------------------------------------------- $850.00

(a) Reserved.

(b) The application, use or possession of radioactive material as chromatography sources or gauges not requiring assignment to another category.

(c) The application, use or possession of radioactive material for in vitro use only, total quantity not to exceed 200 microcuries.

(d) Any person who packages or containerizes, loads transport vehicles or ships radioactive materials to a licensed disposal/processing facility in Tennessee. In addition to application and annual maintenance fees, there is also a levied fee of two cents per pound ($0.02/lb) on all items contaminated or potentially contaminated with radioactive material or on low-level radioactive waste received at a processing, storage, disposal or refurbishing facility in Tennessee.

Not withstanding the requirements of this paragraph and Rule 0400-20-10-.32, licensees with multiple sites within the state will be levied only one fee if items are moved directly from one site to another.

The operator of the disposal/processing facility shall collect the fee of two cents per pound ($0.02/lb). For each calendar month, he shall remit the total of fees collected for the month to the Division of Radiological Health by the 25th day of the following month.

(e) The application, use or possession of radioactive material for the calibration for hire of radiation detection, monitoring and measuring instruments.

(f) The performance for hire of leak tests on sealed sources of radioactive material.

(9) CATEGORY 3 ------------------------------------------------------------------------------------------ $1,170.00

(a) The application, use or possession of radioactive material, unless specific to a higher numbered category, by an academic institution, but does not include licenses authorizing all radioisotopes with atomic number 3 through 83.

(b) The possession and use of radioactive material for civil defense activities.

(c) The application, use or possession of radioactive material by a medical, institution or physicians for use in radiopharmaceuticals for the diagnosis or therapy of humans.

(d) Reserved.

(e) Reserved.

(f) Reserved.

(g) The application, use or possession of radioactive material for demonstration or training purposes.

(h) The application, use or possession of radioactive material for in vitro use only, total quantity exceeding 200 microcuries.

(i) The use of sealed sources for soil and/or construction materials testing at temporary job-sites by licensees with licensed authorization for no more than two (2) devices.

(j) The use of radioactive material as chromatography sources at temporary job-sites by licensees with licensed authorization for no more than two (2) devices.

(k) The use of gauging and measuring devices at temporary job-sites by licensees with licensed authorization for no more than two (2) devices.

(10) CATEGORY 4 ------------------------------------------------------------------------------------------ $1,950.00

(a) The application, use or possession of radioactive material by a medical institution or physicians for interstitial, intracavitary or superficial treatment of humans using sealed sources, seeds or wires.

(b) The application, use or possession of radioactive material in sealed sources for irradiation of materials in which the source is not removed from its shield (selfcontained irradiators).

(11) CATEGORY 5 ------------------------------------------------------------------------------------------ $2,730.00

(a) The use of radioactive material in research and development, manufacturing, testing, processing and assembling of products. This group includes the use of source material in the manufacture of items such as mantles, alloys, gases, liquids, metals, ceramics, glass or photographic products.

(b) The use of radioactive material in a process that incorporates that material into a product in exempt concentrations.

(c) The possession and use of radioactive material in curie quantities in a number of sources in gauges and gauging applications that require frequent changes and therefore frequent review of the program to ensure that the hazard potential does not exceed the scope of the radiation safety program.

(d) The use of a single radioactive material in the fabrication of sealed sources or ampoules.

(e) The receipt of prepackaged radioactive material waste from other persons by a nuclear waste handler for storage for less than three (3) months before, transfer only to persons licensed to receive or dispose of the material.

(f) The use of sealed sources for soil and/or construction materials testing at temporary job-sites by licensees with licensed authorization for more than two (2) devices.

(g) The use of radioactive material as chromatography sources at temporary job-sites by licensees with licensed authorization for more than two (2) devices.

(h) The use of gauging and measuring devices at temporary job-sites by licensees with licensed authorization for more than two (2) devices.

(i) The application, use or possession of radioactive material by a medical institution or physicians for the treatment of humans with sealed sources contained in teletherapy devices.

(j) The application, use or possession of radioactive material by a veterinarian for the treatment of animals using sealed sources, seeds or wires.

(12) CATEGORY 6 ------------------------------------------------------------------------------------------ $7,800.00

(a) The application, use or possession of radioactive material including source and/or special nuclear material in unsealed form in less than multi-curie quantities for use in the fabrication of sealed sources without regard to amount of contained radioactivity.

(b) The manufacture of devices and/or sources that require in-depth review before approval by the Division. Each device and/or source reviewed shall be subject to this fee.

(c) The preparation, use or distribution of radiopharmaceuticals to locations other than the licensee’s address for use in medical diagnosis or therapy.

(d) The use of radiography (the examination of the structure of materials by nondestructive methods using radioactive material) on the licensee’s premises in a permanent shielded facility or temporary job-sites.

(e) The possession and use of radioactive material by academic and medical institutions under a license authorizing all radioisotopes with atomic numbers 3 through 83.

(f) Reserved.

(g) The application of radioactive material to soil, water, air, plants and animals, if the application involves an actual or potential release in or to unrestricted areas.

(h) The possession, use and distribution of radioactive material at one or more satellite facilities, or the possession and use of radioactive material at one or more satellite facilities, by medical institutions.

(i) The application, use or possession of radioactive material by a medical institution or physicians for research using humans and/or animals.

(13) CATEGORY 7 ------------------------------------------------------------------------------------------ $5,200.00

(a) Reserved.

(b) Reserved.

(14) CATEGORY 8 ---------------------------------------------------------------------------------------- $14,625.00

(a) The receipt of radioactive material waste from other persons by a nuclear waste handler, for the purpose of packaging or repackaging the material prior to transfer only to persons licensed to receive or dispose of the material.

(b) The commercial collection, laundering or dry cleaning of wearing apparel that is contaminated with radioactive material.

(15) CATEGORY 9 ---------------------------------------------------------------------------------------- $19,500.00

(a) The possession of radioactive material or equipment contaminated or potentially contaminated with radioactive material as a result of operations involving the recovery of an element, compound or mixture from ores not subject to licensure because of the radioactive material content of the ore.

(b) Facilities that possess radioactive material as a result of operations (not directly involving radioactive decontamination activities) involving recovery of materials or other manufacturing processes (not directly manufacturing radioactive items or products).

(16) CATEGORY 10 -------------------------------------------------------------------------------------- $27,000.00

(a) Facilities storing radioactive material, contaminated equipment and/or potentially contaminated equipment for transfer to authorized recipients as a service to the nuclear industry.

(b) Possession and refurbishment of contaminated equipment and/or potentially contaminated equipment that has been used at nuclear power plants.

(17) CATEGORY 11 -------------------------------------------------------------------------------------- $36,000.00

(a) The collection, transfer, sorting and/or brokerage of radioactive material as sealed source, residue, product or as material in or on equipment; and/or The decontamination of products and/or equipment containing radioactive material and/or contaminated with radioactive material; and/or The possession, storage and incineration of radioactive material or items contaminated with radioactive materials.

(b) On site possession and storage of radioactive material and/or equipment contaminated with radioactive material as a result of operations involving the recovery of an element, compound or mixture from ores subject to licensure because of the radioactive material content of the ore or concentration of the radioactive material during the processing of the ore.

(d) Possession of radioactive material for processing. This material may exist in ores, concentrates, compounds or metals.

(e) The possession of multi-curie quantities of unsealed radioactive material either as waste or for further processing and/or conversion into specific marketable products.

(f) Operations involving the fabrication of sealed sources or manufacture of compounds for distribution to other specific or general licensees.

(g) The possession and use of radioactive material in a sealed source for irradiation of materials in which the source is exposed for irradiation purposes (non self-contained irradiators).

(18) CATEGORY 12 ------------------------------------------------------------------------------------- $450,000.00

(a) The application for and/or operation of a low-level radioactive waste disposal facility.

(b) The maximum length of reviewing time (the period of time when there are no outstanding unanswered questions) after receipt of a new application and the appropriate fee for a Category 12 specific license and the issuance of a license is 60 months.

(19) CATEGORY 13 ---------------------------------------- At least $200.00 not greater than $375,000.00 The application, use or possession of radioactive material for uses or procedures not specifically included in any other category.

The fee shall be determined on a case-by-case basis.

The determination shall be based on an analysis of the hazard, the scope of the difficulty encountered in the review process and the specifics of the activity pursuant to the categories established in paragraphs (6) through (18) of this rule.

(20) CATEGORY NUCLEAR POWER PLANTS AND OTHER ----------------- Actual cost of program FUEL FACILITIES Except for fees associated with fusion machines or fusion-related activity subject to Chapter 0400-20-14, the Department may set and collect an annual fee from persons engaged in the business of utilizing nuclear energy and persons operating facilities for the fabrication of nuclear fuel. The amount of fees collected may not exceed the actual expenses that arise from emergency planning and implementation and environmental surveillance activities.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed February 13, 2013; effective May 14, 2013. Amendments filed December 4, 2023; effective March 3, 2024. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-10-.32 LICENSING OF SHIPPERS OF RADIOACTIVE MATERIAL INTO OR WITHIN

TENNESSEE.

(1) This rule applies to any shipper who transports or offers for transport into or within Tennessee on public waterways, roadways, railways or other transportation facilities upon which United States Department of Transportation (USDOT) regulations are applicable, any radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities for packaging, repackaging, processing, refurbishing, storage pending disposal or disposal.

(2) All persons subject to the provisions of this rule shall comply with all applicable provisions of the USDOT Regulations (49 CFR) of October 1, 1990, as amended, the U.S. Nuclear Regulatory Commission (NRC) Regulations (10 CFR) of November 30, 1988, as amended, and any disposal/processing facility radioactive material license requirements with special emphasis regarding the packaging, transportation, disposal, storage pending disposal or delivery of radioactive material.

(3) Definitions used in this rule.

(a) “Carrier” means any person who transports radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities.

(b) “Disposal” means isolation of radioactive waste from the biosphere.

(c) “Disposal/Processing Facility” means any facility located within Tennessee that accepts radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities for packaging, repackaging, processing, refurbishing, storage pending disposal or disposal.

(d) Reserved.

(e) Reserved.

(f) “License for delivery” means an authorization issued by the Division to any shipper of radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities to transport such radioactive material or offer such material for transport to a disposal/processing facility.

(g) “Shipper” means any person, whether a resident of Tennessee or a non-resident:

Who transfers radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities to a carrier for transport;
Who transports his own radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities;
Who transports radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities he has packaged, repackaged, processed or stored pending disposal for another person; or 4. Who transfers radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities to another person if such materials are transported into or within the state.

(h) “Transport” means the movement of radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities into or within the State of Tennessee on waterways, roadways, railways or other transportation facilities upon which USDOT regulations are applicable.

(4) Licensing for delivery.

(a) Before any shipper transports or causes to be transported radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities to a disposal/processing facility within the State for subsequent processing, he shall obtain a license for delivery of such materials from the Division. An application for a license for delivery shall be submitted on Division Form RHS-30, together with any necessary fee, to the Division at the address in Rule 0400- 20-04-.07. The check for payment of the fee is to be made payable to “Treasurer: State of Tennessee.”

(b) Except as provided in part 6 of this subparagraph, before a license for delivery shall be issued, the shipper must deposit and maintain with the Division an acceptable form of financial assurance in the amount of $500,000; or, provide to the Division satisfactory evidence of liability insurance.

For purposes of this paragraph, liability insurance shall mean coverage of $500,000 per occurrence and $1,000,000 aggregate, or as otherwise provided by State law.
Any insurance carried pursuant to Section 2210 of Title 42 of the United States Code and U.S. NRC Regulations (10 CFR Part 140) of November 30, 1988, as amended shall be sufficient to meet the requirements of this subparagraph.
Liability insurance shall be specific to the packaging, transportation, disposal, storage and delivery of radioactive waste.
Shippers maintaining liability insurance for the purpose of this paragraph may provide to the Division a certificate of insurance from their insurer indicating the policy number, limits of liability, policy date and specific coverage for packaging, transportation, disposal, storage pending disposal and delivery of radioactive materials.
A cash or corporate surety bond previously posted will be returned to the shipper upon notification to the Division in writing of his intention to cease shipments of radioactive waste into or within the State. Such bond will be returned after the last such shipment is accepted safely at its destination.
The requirements of this subparagraph shall not apply to any contractor or subcontractor to the United States Department of Energy that has contract terms consistent with the Price-Anderson Act, 42 U.S.C. § 2210.

(c) Each license for delivery application shall include a certification to the Division that the shipper will comply fully with all applicable State and Federal laws, administrative rules and regulations, licenses, or license conditions of the disposal/processing facility regarding the packaging, transportation, storage pending disposal, disposal and delivery of radioactive materials.

(d) Each license for delivery application shall include a certification that the shipper will hold the State of Tennessee harmless for all claims, actions or proceedings in law or equity arising out of radiological injury or damage to persons or property occurring during the transportation of its radioactive waste into or within the State including all costs of defending the same; provided, however, that nothing contained herein shall be construed as a waiver of the State’s sovereign immunity; and, further provided that agencies of the State of Tennessee shall not be subject to the requirements of subparagraph (b) of this paragraph.

(5) Disposal/processing facility operator.

(a) Owners and operators of disposal/processing facilities shall permanently record, and report to the Division within 24 hours after discovery, all conditions in violation of the requirement of this rule discovered as a result of inspections required by any license under which the facility is operated. In addition, owners and operators of disposal/processing facilities shall record all violations of these regulations and license conditions and maintain the record for inspection by the Division.

(b) Prior to the receipt of radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive materiel or from licensable activities at a disposal/processing facility in Tennessee, the owners and operators of such facility shall notify each shipper of any special requirements, if any, in effect regarding the packaging, transportation, storage pending disposal, disposal or delivery of such wastes at that facility.

(c) No owner or operator of a disposal/processing facility located within this State shall accept radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities for packaging, repackaging, processing, refurbishing, storage pending disposal or disposal unless the shipper of such waste has a valid license for delivery issued pursuant to this rule.

(d) The owner or operator of a disposal/processing facility shall, along with the remittance of the fee collected pursuant to subparagraph (8)(d) of Rule 0400-20-10-.31, submit a listing containing the name and address of each shipper and the volume and poundage from each shipper for the calendar month.

(e) Any contractor or subcontractor to the United States Department of Energy is not required to meet the requirements of subparagraph (d) of this paragraph as long as it has a contract provision based on the DOE regulations implementing the Price- Anderson Act, 42 U.S.C. § 2210.

(6) Penalties.

All shippers shall be subject to fees and Civil Penalties as authorized and specified in T.C.A. § 68-202-212 and other pertinent rules of the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed March 17, 2014; effective June 15, 2014.

Tenn. Comp. R. & Regs. 0400-20-10-.33 RESERVED

(Note: The following has been moved to the Appendix to this Chapter (Rule 0400-20-10-.38):

Schedule RHS 8-3 Exempt Quantities Schedule RHS 8-4 Exempt Concentrations)

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017.

Tenn. Comp. R. & Regs. 0400-20-10-.34 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed February 13, 2013; effective May 14, 2013. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-10-.35 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.36 RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION

(1) General provisions and scope.

(a) The criteria in this rule apply to the decommissioning of facilities licensed under this

Chapter and Chapters 0400-20-07, 0400-20-08, 0400-20-09, 0400-20-11 and 0400-20- 12. For low-level waste disposal facilities (Chapter 0400-20-11), the criteria apply only to ancillary surface facilities that support radioactive waste disposal activities.

(b) Reserved.

(c) After a site has been decommissioned and the license terminated in accordance with the criteria in this rule, the Division will require additional cleanup if, based on new information, it determines that the criteria of this rule were not met and residual radioactivity remaining at the site could result in a significant threat to public health and safety.

(d) When calculating TEDE to the average member of the critical group the licensee shall determine the peak annual TEDE dose expected within the first 1,000 years after decommissioning.

(2) Radiological criteria for unrestricted use.

A site will be considered acceptable for unrestricted use if:

(a) The residual radioactivity that is distinguishable from background radiation results in a TEDE to an average member of the critical group that does not exceed 25 mrem (0.25 mSv) per year, including that from groundwater sources of drinking water; and (b) The residual radioactivity has been reduced to levels that are as low as reasonably achievable (ALARA). Determination of the levels that are ALARA must take into account consideration of any detriments, such as deaths from transportation accidents, potentially expected to result from decontamination and waste disposal.

(3) Criteria for license termination under restricted conditions.

A site will be considered acceptable for license termination under restricted conditions if:

(a) A licensee can demonstrate that further reductions in residual radioactivity necessary to comply with the provisions of paragraph (2) of this rule:

Would result in net public or environmental harm or 2. Were not being made because the residual levels associated with restricted conditions are ALARA. Determination of the levels that are ALARA must take into account consideration of any detriments, such as traffic accidents, expected to potentially result from decontamination and waste disposal;

(b) The licensee has made provisions for legally enforceable institutional controls that provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 mrem (0.25 mSv) per year;

(c) The licensee has provided sufficient financial assurance to enable an independent third party, including a governmental custodian of a site, to assume and carry out responsibilities for any necessary control and maintenance of the site. Acceptable financial assurance mechanisms are specified in paragraph (4) of Rule 0400-20-10-.12; and (d) Residual radioactivity at the site has been reduced so that if the institutional controls were no longer in effect, there is reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group is ALARA and would not exceed either:

100 mrem (1 mSv) per year; or 2. 500 mrem (5 mSv) per year provided the licensee:

(i) Demonstrates that further reductions in residual radioactivity necessary to comply with the 100 mrem/y (1 mSv/y) value of part 1 of this subparagraph:

(I) Are not technically achievable;

(II) Would be prohibitively expensive; or (III) Would result in net public or environmental harm;

(ii) Makes provisions for durable institutional controls; and (iii) Provides sufficient financial assurance in the form of a trust fund segregated from the licensee’s assets and outside the licensee’s administrative control, and in which the adequacy of the trust funds is to be assessed based on an assumed annual 1 percent real rate of return on investment to enable a responsible government entity or independent third party, including a governmental custodian of a site, both to carry out periodic rechecks of the site and to assume and carry out responsibilities for any necessary control and maintenance of those controls. Periodic rechecks shall be carried out no less frequently than every 5 years to assure that the institutional controls remain in place as necessary to meet the criteria of subparagraph (b) of this paragraph.

(4) Alternate criteria for license termination.

(a) The Division may terminate a license using alternate criteria greater than the dose criterion of paragraph (2) of this rule and subparagraph (3)(b) of this rule, if the licensee:

Provides assurance that public health and safety would continue to be protected, and that it is unlikely that the dose from all man-made sources combined, other than medical, would be more than the 1 mSv/y (100 mrem/y) limit of Rules 0400- 20-05-.60 and 0400-20-05-.61, by submitting an analysis of possible sources of exposure;
Has employed to the extent practicable restrictions on site use according to the provisions of paragraph (3) of this rule in minimizing exposures at the site; and (i) Reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal; and (ii) Reserved; and 3. Provides sufficient financial assurance in the form of a trust fund to enable a responsible government entity or independent third party, including a governmental custodian of a site, both to carry out periodic rechecks of the site and to assume and carry out responsibilities for any necessary control and maintenance of the site. Periodic rechecks shall be carried out no less frequently than every 5 years to assure that the institutional controls remain in place as necessary to meet the criteria of subparagraph (b) of this paragraph.

(b) The use of alternate criteria to terminate a license requires the approval of the Division.

The Division will consider staff recommendations to address any comments provided by the Environmental Protection Agency and any public comments submitted under paragraph (5) of this rule.

(5) Public notification and public participation.

Whenever the Division deems such notice to be in the public interest, the Division may:

(a) Notify and solicit comments from:

Local governments and other state government agencies in the vicinity of the site that could be affected by the decommissioning; and 2. The Environmental Protection Agency for cases where the licensee proposes to release a site under paragraph (4) of this rule.

(b) Publish a notice on the Tennessee Administrative Register web site, and in another appropriate forum that is readily accessible to individuals near the site, and solicit comments from affected parties. Another appropriate forum may include local newspapers and letters to state or local organizations.

(6) Minimization of contamination. Licensees shall, to the extent practical, conduct operations to minimize the introduction of residual radioactivity, as defined in Rule 0400-20-04-.04, into the site, including the subsurface, in accordance with the existing radiation protection requirements in Rule 0400-20-05-.40 and radiological criteria for license termination in this

rule.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101, et seq.; 68-202-101, et seq.; 68-202-201, et seq.; and 68-203-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-10-.37 RESERVED

(Note: The contents of Rule 0400-20-10-.37 Schedule 10-6: Determination of A and A have moved to the Appendix to Rule 0400-20-10-.38.)

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-10-.38 APPENDIX–SCHEDULES

SCHEDULE RHS 8-3: EXEMPT QUANTITIES

Radioactive Micro– Material curies Antimony–122 (Sb 122) 100 Antimony–124 (Sb 124) 10 Antimony–125 (Sb 125) 10 Arsenic–73 (As 73) 100 Arsenic–74 (As 74) 10 Arsenic–76 (As 76) 10 Arsenic–77 (As 77) 100 Barium–131 (Ba 131) 10 Barium–133 (Ba 133) 10 Barium–140 (Ba 140) 10 Bismuth–210 (Bi 210) 1 Bromine–82 (Br 82) 10 Cadmium–109 (Cd 109) 10 Cadmium–115m (Cd 115m) 10 Cadmium–115 (Cd 115) 100 Calcium–45 (Ca 45) 10 Calcium–47 (Ca 47) 10 Carbon–14 (C 14) 100 Cerium–141 (Ce 141) 100 Cerium–143 (Ce 143) 100 Cerium–144 (Ce 144) 1 Cesium–129 (Cs 129) 100 Cesium–131 (Cs 131) 1,000 Cesium–134m (Cs 134m) 100 Cesium–134 (Cs 134) 1 Cesium–135 (Cs 135) 10 Cesium–136 (Cs 136) 10 Cesium–137 (Cs 137) 10 Chlorine–36 (Cl 36) 10 Chlorine–38 (Cl 38) 10 Chromium–51 (Cr 51) 1,000 Cobalt–57 (Co 57) 100 Cobalt–58m (Co 58m) 10 Cobalt–58 (Co 58) 10 Cobalt–60 (Co 60) 1 Copper–64 (Cu 64) 100 Dysprosium–165 (Dy 165) 10 Dysprosium–166 (Dy 166) 100 Erbium–169 (Er 169) 100 Erbium–171 (Er 171) 100 Europium–152 (Eu 152)9.2 h 100 Europium–152 (Eu 152)13 yr 1 Europium–154 (Eu 154) 1 Europium–155 (Eu 155) 10 Fluorine–18 (F 18) 1,000 Gadolinium–153 (Gd 153) 10 Gadolinium–159 (Gd 159) 100 Gallium–67 (Ga 67) 100 Radioactive Micro– Material curies Gallium–72 (Ga 72) 10 Germanium–68 (Ge 68) 10 Germanium–71 (Ge 71) 100 Gold–195 (Au 195) 10 Gold–198 (Au 198) 100 Gold–199 (Au 199) 100 Hafnium–181 (Hf 181) 10 Holmium–166 (Ho 166) 100 Hydrogen–3 (H 3) 1,000 Indium–111 (In 111) 100 Indium–113m (In 113m) 100 Indium–114m (In 114m) 10 Indium–115m (In 115m) 100 Indium–115 (In 115) 10 Iodine–123 (I 123) 100 Iodine–125 (I 125) 1 Iodine–126 (I 126) 1 Iodine–129 (I 129) 0.1 Iodine–131 (I 131) 1 Iodine–132 (I 132) 10 Iodine–133 (I 133) 1 Iodine–134 (I 134) 10 Iodine–135 (I 135) 10 Iridium–192 (Ir 192) 10 Iridium–194 (Ir 194) 100 Iron–52 (Fe 52) 10 Iron–55 (Fe 55) 100 Iron–59 (Fe 59) 10 Krypton–85 (Kr 85) 100 Krypton–87 (Kr 87) 10 Lanthanum–140 (La 140) 10 Lutetium–177 (Lu 177) 100 Manganese–52 (Mn 52) 10 Manganese–54 (Mn 54) 10 Manganese–56 (Mn 56) 10 Mercury–197m (Hg 197m) 100 Mercury–197 (Hg 197) 100 Mercury–203 (Hg 203) 10 Molybdenum–99 (Mo 99) 100 Neodymium–147(Nd 147) 100 Neodymium–149 (Nd 149) 100 Nickel–59 (Ni 59) 100 Nickel–63 (Ni 63) 10 Nickel–65 (Ni 65) 100 Niobium–93m (Nb 93m) 10 Niobium–95 (Nb 95) 10 Niobium–97 (Nb 97) 10 Osmium–185 (Os 185) 10 Radioactive Micro– Material curies Osmium–191m (Os 191m) 100 Osmium–191 (Os 191) 100 Osmium–193 (Os 193) 100 Palladium–103 (Pd 103) 100 Palladium–109 (Pd 109) 100 Phosphorus–32 (P 32) 10 Platinum–191 (Pt 191) 100 Platinum–193m (Pt 193m) 100 Platinum–193 (Pt 193) 100 Platinum–197m (Pt 197m) 100 Platinum–197 (Pt 197) 100 Polonium–210 (Po 210) 0.1 Potassium–42 (K 42) 10 Potassium–43 (K 43) 10 Praseodymium–142 (Pr 142) 100 Praseodymium–143 (Pr 143) 100 Promethium–147 (Pm 147) 10 Promethium–149 (Pm 149) 10 Rhenium–186 (Re 186) 100 Rhenium–188 (Re 188) 100 Rhodium–103m (Rh 103m) 100 Rhodium–105 (Rh 105) 100 Rubidium–81 (Rb 81) 10 Rubidium–86 (Rb 86) 10 Rubidium–87 (Rb 87) 10 Ruthenium–97 (Ru 97) 100 Ruthenium–103 (Ru 103) 10 Ruthenium–105 (Ru 105) 10 Ruthenium–106 (Ru 106) 1 Samarium–151 (Sm 151) 10 Samarium–153 (Sm 153) 100 Scandium–46 (Sc 46) 10 Scandium–47 (Sc 47) 100 Scandium–48 (Sc 48) 10 Selenium–75 (Se 75) 10 Silicon–31 (Si 31) 100 Silver–105 (Ag 105) 10 Silver–110m (Ag 110m) 1 Silver–111 (Ag 111) 100 Sodium–22 (Na 22) 10 Sodium–24 (Na 24) 10 Strontium–85 (Sr 85) 10 Strontium–89 (Sr 89) 1 Strontium–90 (Sr 90) 0.1 Strontium–91 (Sr 91) 10 Strontium–92 (Sr 92) 10 Sulfur–35 (S 35) 100 Tantalum–182 (Ta 182) 10 Technetium–96 (Tc 96) 10 Radioactive Micro– Material curies Technetium–97m (Tc 97m) 100 Technetium–97 (Tc 97) 100 Technetium–99m (Tc 99m) 100 Technetium–99 (Tc 99) 10 Tellurium–125m (Te 125m) 10 Tellurium–127m (Te 127m) 10 Tellurium–127 (Te 127) 100 Tellurium–129m (Te 129m) 10 Tellurium–129 (Te 129) 100 Tellurium–131m (Te 131m) 10 Tellurium–132 (Te 132) 10 Terbium–160 (Tb 160) 10 Thallium–200 (Tl 200) 100 Thallium–201 (Tl 201) 100 Thallium–202 (Tl 202) 100 Thallium–204 (Tl 204) 10 Thulium–170 (Tm 170) 10 Thulium–171 (Tm 171) 10 Tin–113 (Sn 113) 10 Tin–125 (Sn 125) 10 Tungsten–181 (W 181) 10 Tungsten–185 (W 185) 10 Tungsten–187 (W 187) 100 Vanadium–48 (V 48) 10 Xenon–131m (Xe 131m) 1,000 Xenon–133 (Xe 133) 100 Xenon–135 (Xe 135) 100 Ytterbium–175 (Yb 175) 100 Yttrium–87 (Y 87) 10 Yttrium–88 (Y 88) 10 Yttrium–90 (Y 90) 10 Yttrium–91 (Y 91) 10 Yttrium–92 (Y 92) 100 Yttrium–93 (Y 93) 100 Zinc–65 (Zn 65) 10 Zinc–69m (Zn 69m) 100 Zinc–69 (Zn 69) 1,000 Zirconium–93 (Zr 93) 10 Zirconium–95 (Zr 95) 10 Zirconium–97 (Zr 97) 10 Any radioactive material not listed above other than alphaemitting radioactive material 0.1 Any alpha emitting radioactive material not listed above other than transuranic radioactive material 0.01 SCHEDULE RHS 8-4: EXEMPT CONCENTRATIONS Element (atomic number)

Isotope Column I Gas Concentration μCi/ml a Column II and Solid Concentration μCi/ml b Antimony (51) Sb–122 3 x 10 –4 Sb–124 2 x 10 –4 Sb–125 1 x 10 –3 Argon (18) Ar–37 1 x 10 –3 Ar–41 4 x 10 –7 Arsenic (33) As–73 5 x 10 –3 As–74 5 x 10 –4 As–76 2 x 10 –4 As–77 8 x 10 –4 Barium (56) Ba–131 2 x 10 –3 Ba–140 3 x 10 –4 Beryllium (4) Be–7 2 x 10 –2 Bismuth (83) Bi–206 4 x 10 –4 Bromine (35) Br–82 4 x 10 –7 3 x 10 –3 Cadmium (48) Cd–109 2 x 10 –3 Cd–115m 3 x 10 –4 Cd–115 3 x 10 –4 Calcium (20) Ca–45 9 x 10 –5 Ca–47 5 x 10 –4 Carbon (6) C–14 1 x 10 –6 8 x 10 –3 Cerium (58) Ce–141 9 x 10 –4 Ce–143 4 x 10 –4 Ce–144 1 x 10 –4 Cesium (55) Cs–131 2 x 10 –2 Cs–134m 6 x 10 –2 Cs–134 9 x 10 –5 Chlorine (17) Cl–38 9 x 10 –7 4 x 10 –3 Chromium (24) Cr–51 2 x 10 –2 Cobalt (27) Co–57 5 x 10 –3 Co–58 1 x 10 –3 Co–60 5 x 10 –4 Copper (29) Cu–64 3 x 10 –3 Dysprosium (66) Dy–165 4 x 10 –3 Dy–166 4 x 10 –4 Erbium (68) Er–169 9 x 10 –4 Er–171 1 x 10 –3 Europium (63) Eu–152 6 x 10 –4 (Tr = 9.2h)

Eu–155 2 x 10 –3 Fluorine(9) F–18 2 x 10 –6 8 x 10 –3 Gadolinium (64) Gd–153 2 x 10 –3 Gd–159 8 x 10 –4 Gallium (31) Ga–72 4 x 10 –4 Germanium (32) Ge–71 2 x 10 –2 Gold (79) Au–196 2 x 10 –3 Au–198 5 x 10 –4 Au–199 2 x 10 –3 Hafnium (72) Hf–181 7 x 10 –4 Hydrogen (1) H–3 5 x 10 –6 3 x 10 –2 Indium (49) In–113m 1 x 10 –2 In–114m 2 x 10 –4 Iodine (53) I–126 3 x 10 –9 2 x 10 –5 I–131 3 x 10 –9 2 x 10 –5 Element (atomic number)

Isotope Column I Gas Concentration μCi/ml a Column II and Solid Concentration μCi/ml b I–132 8 x 10 –8 6 x 10 –4 I–133 1 x 10 –8 7 x 10 –5 I–134 2 x 10 –7 1 x 10 –3 Iridium (77) Ir–190 2 x 10 –3 Ir–192 4 x 10 –4 Ir–194 3 x 10 –4 Iron (26) Fe–55 8 x 10 –3 Fe–59 6 x 10 –4 Krypton (36) Kr–85m 1 x 10 –6 Kr–85 3 x 10 –6 Lanthanum (57) La–140 2 x 10 –4 Lead (82) Pb–203 4 x 10 –3 Lutetium (71) Lu–177 1 x 10 –3 Manganese (25) Mn–52 3 x 10 –4 Mn–54 1 x 10 –3 Mn–56 1 x 10 –3 Mercury (80) Hg–197m 2 x 10 –3 Hg–197 3 x 10 –3 Hg–203 2 x 10 –4 Molybdenum (42) Mo–99 2 x 10 –3 Neodymium (60) Nd–147 6 x 10 –4 Nd–149 3 x 10 –3 Nickel (28) Ni–65 1 x 10 –3 Niobium (41) Nb–95 1 x 10 –3 Nb–97 9 x 10 –3 Osmium (76) Os–185 7 x 10 –4 Os–191m 3 x 10 –2 Os–191 2 x 10 –3 Os–193 6 x 10 –4 Palladium (46) Pd–103 3 x 10 –3 Pd–109 9 x 10 –4 Phosphorus (15) P–32 2 x 10 –4 Platinum (78) Pt–191 1 x 10 –3 Pt–193m 1 x 10 –2 Pt–197m 1 x 10 –2 Pt–197 1 x 10 –3 Polonium (84) Po–210 7 x 10 –6 Potassium (19) K–42 3 x 10 –3 Praseodymium (59) Pr–142 3 x 10 –4 Pr–143 5 x 10 –4 Promethium (61) Pm–147 2 x 10 –3 Pm–149 4 x 10 –4 Radium (88) Ra–226 1 x 10 –7 Ra–228 3 x 10 –7 Rhenium (75) Re–183 6 x 10 –3 Re–186 9 x 10 –4 Re–188 6 x 10 –4 Rhodium (45) Rh–103m 1 x 10 –1 Rh–105 1 x 10 –3 Rubidium (37) Rb–86 7 x 10 –4 Ruthenium (44) Ru–97 4 x 10 –3 Ru–103 8 x 10 –4 Ru–105 1 x 10 –3 Ru–106 1 x 10 –4 Element (atomic number)

Isotope Column I Gas Concentration μCi/ml a Column II and Solid Concentration μCi/ml b Samarium (62) Sm–153 8 x 10 –4 Scandium (21) Sc–46 4 x 10 –4 Sc–47 9 x 10 –4 Sc–48 3 x 10 –4 Selenium (34) Se–75 3 x 10 –3 Silicon (14) Si–31 9 x 10 –3 Silver (47) Ag–105 1 x 10 –3 Ag–110m 3 x 10 –4 Ag–111 4 x 10 –4 Sodium (11) Na–24 2 x 10 –3 Strontium (38) Sr–85 1 x 10 –4 Sr–89 1 x 10 –4 Sr–91 7 x 10 –4 Sr–92 7 x 10 –4 Sulfur (16) S–35 9 x 10 –8 6 x 10 –4 Tantalum (73) Ta–182 4 x 10 –4 Technetium (43) Tc–96m 1 x 10 –1 Tc–96 1 x 10 –3 Tellurium (52) Te–125m 2 x 10 –3 Te–127m 6 x 10 –4 Te–127 3 x 10 –3 Te–129m 3 x 10 –4 Te–131m 6 x 10 –4 Te–132 3 x 10 –4 Terbium (65) Tb–160 4 x 10 –4 Thallium (81) Tl–200 4 x 10 –3 Tl–201 3 x 10 –3 Tl–202 1 x 10 –3 Tl–204 1 x 10 –3 Thulium (69) Tm–170 5 x 10 –4 Tm–171 5 x 10 –3 Tin (50) Sn–113 9 x 10 –4 Sn–125 2 x 10 –4 Tungsten (74) W–181 4 x 10 –3 W–187 7 x 10 –4 Vanadium (23) V–48 3 x 10 –4 Xenon (54) Xe–131m 4 x 10 –6 Xe–133 3 x 10 –6 Xe–135 1 x 10 –6 Ytterbium (70) Yb–175 1 x 10 –3 Yttrium (39) Y–90 2 x 10 –4 Y–91m 3 x 10 –2 Y–91 3 x 10 –4 Y–92 6 x 10 –4 Y–93 3 x 10 –4 Zinc (30) Zn–65 1 x 10 –3 Zn–69m 7 x 10 –4 Zn–69 2 x 10 –2 Zirconium (40) Zr–95 6 x 10 –4 Zr–97 2 x 10 –4 Beta and/or gamma emitting radioactive material not listed above with half-life 1 x 10 –10 1 x 10 –6 Element (atomic number)

Isotope Column I Gas Concentration μCi/ml a Column II and Solid Concentration μCi/ml b less than 3 years. a Values are given in Column I only for those materials normally used as gases. b μCi/gm for solids.

NOTE 1: Many radioisotopes disintegrate into isotopes that are also radioactive. In expressing the concentrations in Schedule RHS 8-4 the activity stated is that of the parent isotope and takes into account the daughters.

NOTE 2: For purposes of Rule 0400-20-10-.04 where there is involved a combination of isotopes, the limit for the combination should be derived as follows: Determine for each isotope in the product the ratio between the concentration present in the product and the exempt concentration established in Schedule RHS 8-4 for the specific isotope when not in combination. The sum of such ratios may not exceed “1” (i.e., unity).

EXAMPLE:

Concentration of Isotope A in Product Concentration of Isotope B in Product _________________________________ + ___________________________________ ≤ 1 Exempt concentration of Isotope A Exempt concentration of Isotope B SCHEDULE RHS 8-5: Reserved.

SCHEDULE 10-6: DETERMINATION OF A

AND A .

(1) Values of A and A for individual radionuclides, which are the bases for many activity limits elsewhere in these rules, are given in Table A-1. The curie (Ci) values specified are obtained by converting from the terabecquerel (TBq) value. The terabecquerel values are the regulatory standard. The curie values are for information only and are not intended to be the regulatory standard. Where values of A or A are unlimited, it is for radiation control purposes only. For nuclear criticality safety, some materials are subject to controls placed on fissile material.

(2) (a) For individual radionuclides whose identities are known but that are not listed in Table A-1, the A and A values contained in Table A-3 may be used. Otherwise, the licensee shall obtain prior Division approval of the A and A values for radionuclides not listed in Table A-1, before shipping the material.

(b) For individual radionuclides whose identities are known, but which are not listed in Table A-2, the exempt material activity concentration and exempt consignment activity values contained in Table A-3 may be used. Otherwise, the licensee shall obtain prior Division approval of the exempt material activity concentration and exempt consignment activity values for radionuclides not listed in Table A-2, before shipping the material.

(c) The licensee shall submit requests for prior approval, described under subparagraphs (a) and (b) of this schedule, to the Division, in accordance with Rule 0400-20-04-.07.

(3) In the calculations of A and A for a radionuclide not in Table A-1, a single radioactive decay chain, in which radionuclides are present in their naturally occurring proportions, and in which no daughter nuclide has a half-life either longer than 10 days or longer than that of the parent nuclide, shall be considered as a single radionuclide. The activity to be taken into account, and the A or A value to be applied, shall be those corresponding to the parent nuclide of that chain. In the case of radioactive decay chains in which any daughter nuclide has a halflife either longer than 10 days or greater than that of the parent nuclide, the parent and those daughter nuclides shall be considered as mixtures of different nuclides.

(4) For mixtures of radionuclides whose identities and respective activities are known, the following conditions apply:

(a) For special form radioactive material, the maximum quantity transported in a Type A package is as follows:

B(i)

A (i) i ∑ ≤1 where B(i) is the activity of radionuclide i in special form, and A (i) is the A value for radionuclide i.

(b) For normal form radioactive material, the maximum quantity transported in a Type A package is as follows:

B(i)

A (i) i ∑ ≤1 where B(i) is the activity of radionuclide i in normal form, and A (i) is the A value for radionuclide i.

(c) If the package contains both special and normal radioactive material, the activity that may be transported in a Type A package is as follows:

()

( ) ∑∑ ≤+ ji (j)A jC (i)A iB where B(i) is the activity of radionuclide i as special form radioactive material, A (i) is the A value for radionuclide i, C(j) is the activity of radionuclide j as normal form radioactive material, as A (j) is the A value for radionuclide j.

(d) Alternatively, an A value for mixtures of special form material may be determined as follows: where f(i) is the fraction of activity of nuclide i in the mixture and A (i) is the appropriate A value for nuclide i.

(e) Alternatively, the A value for mixtures of normal form material may be determined as follows: where f(i) is the fraction of activity of nuclide i in the mixture and A (i) is the appropriate A value for nuclide i.

(f) The exempt activity concentration for mixtures of nuclides may be determined as follows:

Exempt activity concentration for mixture = f(i) A i ∑ where f(i) is the fraction of activity concentration of radionuclide i in the mixture, and [A] is the activity concentration for exempt material containing radionuclide i.

(g) The activity limit for an exempt consignment for mixtures of radionuclides may be determined as follows:

Exempt consignment activity limit for mixture = f(i)

A(i) i ∑ where f(i) is the fraction of activity of radionuclide i in the mixture, and A(i) is the activity limit for exempt consignments for radionuclide i.

(5) For determining the activities of known radionuclides, the following conditions will apply:

(a) When the identity of each radionuclide is known, but the individual activities of some of the radionuclides are not known, the radionuclides may be grouped. The lowest A or A value, as appropriate, for the radionuclides in each group may be used in applying the formulas in paragraph (4) of this schedule. Groups may be based on the total alpha activity and the total beta/gamma activity when these are known, using the lowest A or A values for the alpha emitters and beta/gamma emitters.

(b) When the identity of each radionuclide is known but the individual activities of some of the radionuclides are not known, the radionuclides may be grouped and the lowest [A]

(activity concentration for exempt material) or A (activity limit for exempt consignment) value, as appropriate, for the radionuclides in each group may be used in applying the formulas in paragraph (4) of SCHEDULE 10-6: DETERMINATION OF A AND A of this appendix. Groups may be based on the total alpha activity and the total beta/gamma activity when these are known, using the lowest [A] or A values for the alpha emitters and beta/gamma emitters, respectively.

Table A-1—A and A VALUES FOR RADIONUCLIDES Symbol of radionuclide Element and atomic number A (TBq) A (Ci) b A (TBq) A (Ci) b Specific activity (TBq/g) (Ci/g)

Ac-225 (a) Actinium (89) 8.0X10 -1 2.2X10 6.0X10 -3 1.6X10 -1 2.1X10 5.8X10 Ac-227 (a) 9.0X10 -1 2.4X10 9.0X10 -5 2.4X10 -3 2.7 7.2X10 Ac-228 6.0X10 -1 1.6X10 5.0X10 -1 1.4X10 8.4X10 2.2X10 Ag-105 Silver (47) 2.0 5.4X10 2.0 5.4X10 1.1X10 3.0X10 Ag-108m (a) 7.0X10 -1 1.9X10 7.0X10 -1 1.9X10 9.7X10 -1 2.6X10 Ag-110m (a) 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 1.8X10 4.7X10 Ag-111 2.0 5.4X10 6.0X10 -1 1.6X10 5.8X10 1.6X10 Al-26 Aluminum (13)

1.0X10 -1

2.7 1.0X10 -1

2.7 7.0X10 -4

1.9X10 -2

Am-241 Americium (95)

1.0X10

2.7X10

1.0X10 -3

2.7X10 -2

1.3X10 -1 3.4

Am-242m (a)

1.0X10

2.7X10

1.0X10 -3

2.7X10 -2

3.6X10 -1

1.0X10

Am-243 (a) 5.0 1.4X10 1.0X10 -3 2.7X10 -2 7.4X10 -3 2.0X10 -1 Ar-37 Argon (18) 4.0X10 1.1X10 4.0X10 1.1X10 3.7X10 9.9X10 Ar-39 4.0X10 1.1X10 2.0X10 5.4X10 1.3 3.4X10 Ar-41 3.0X10 -1 8.1 3.0X10 -1 8.1 1.5X10 4.2X10 As-72 Arsenic (33) 3.0X10 -1 8.1 3.0X10 -1 8.1 6.2X10 1.7X10 As-73 4.0X10 1.1X10 4.0X10 1.1X10 8.2X10 2.2X10 As-74 1.0 2.7X10 9.0X10 -1 2.4X10 3.7X10 9.9X10 As-76 3.0X10 -1 8.1 3.0X10 -1 8.1 5.8X10 1.6X10 As-77 2.0X10 5.4X10 7.0X10 -1 1.9X10 3.9X10 1.0X10 At-211 (a) Astatine (85) 2.0X10 5.4X10 5.0X10 -1 1.4X10 7.6X10 2.1X10 Au-193 Gold (79) 7.0 1.9X10 2.0 5.4X10 3.4X10 9.2X10 Au-194 1.0 2.7X10 1.0 2.7X10 1.5X10 4.1X10 Au-195 1.0X10 2.7X10 6.0 1.6X10 1.4X10 3.7X10 Au-198 1.0 2.7X10 6.0X10 -1 1.6X10 9.0X10 2.4X10 Au-199 1.0X10 2.7X10 6.0X10 -1 1.6X10 7.7X10 2.1X10 Ba-131 (a) Barium (56) 2.0 5.4X10 2.0 5.4X10 3.1X10 8.4X10 Ba-133 3.0 8.1X10 3.0 8.1X10 9.4 2.6X10 Ba-133m 2.0X10 5.4X10 6.0X10 -1 1.6X10 2.2X10 6.1X10 Ba-140 (a) 5.0X10 -1 1.4X10 3.0X10 -1 8.1 2.7X10 7.3X10 Be-7 Beryllium (4) 2.0X10 5.4X10 2.0X10 5.4X10 1.3X10 3.5X10 Be-10 4.0X10 1.1X10 6.0X10 -1 1.6X10 8.3X10 -4 2.2X10 -2 Bi-205 Bismuth (83) 7.0X10 -1 1.9X10 7.0X10 -1 1.9X10 1.5X10 4.2X10 Bi-206 3.0X10 -1 8.1 3.0X10 -1 8.1 3.8X10 1.0X10 Bi-207 7.0X10 -1 1.9X10 7.0X10 -1 1.9X10 1.9 5.2X10 Bi-210 1.0 2.7X10 6.0X10 -1 1.6X10 4.6X10 1.2X10 Bi-210m (a) 6.0X10 -1 1.6X10 2.0X10 -2 5.4X10 -1 2.1X10 -5 5.7X10 -4 Bi-212 (a) 7.0X10 -1 1.9X10 6.0X10 -1 1.6X10 5.4X10 1.5X10 Bk-247 Berkelium (97)

8.0 2.2X10

8.0X10 -4

2.2X10 -2

3.8X10 -2 1.0

Bk-249 (a) 4.0X10 1.1X10 3.0X10 -1 8.1 6.1X10 1.6X10 Br-76 Bromine (35) 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 9.4X10 2.5X10 Br-77 3.0 8.1X10 3.0 8.1X10 2.6X10 7.1X10 Br-82 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 4.0X10 1.1X10 C-11 Carbon (6) 1.0 2.7X10 6.0X10 -1 1.6X10 3.1X10 8.4X10 C-14 4.0X10 1.1X10 3.0 8.1X10 1.6X10 -1 4.5 Ca-41 Calcium (20) Unlimited Unlimited Unlimited Unlimited 3.1X10 -3 8.5X10 -2 Ca-45 4.0X10 1.1X10 1.0 2.7X10 6.6X10 1.8X10 Ca-47 (a) 3.0 8.1X10 3.0X10 -1 8.1 2.3X10 6.1X10 Cd-109 Cadmium (48)

3.0X10

8.1X10

2.0 5.4X10

9.6X10

2.6X10

Cd-113m 4.0X10 1.1X10 5.0X10 -1 1.4X10 8.3 2.2X10 Cd-115 (a) 3.0 8.1X10 4.0X10 -1 1.1X10 1.9X10 5.1X10 Cd-115m 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 9.4X10 2.5X10 Ce-139 Cerium (58) 7.0 1.9X10 2.0 5.4X10 2.5X10 6.8X10 Ce-141 2.0X10 5.4X10 6.0X10 -1 1.6X10 1.1X10 2.8X10 Ce-143 9.0X10 -1 2.4X10 6.0X10 -1 1.6X10 2.5X10 6.6X10 Ce-144 (a) 2.0X10 -1 5.4 2.0X10 -1 5.4 1.2X10 3.2X10 Cf-248 Californium (98)

4.0X10

1.1X10

6.0X10 -3

1.6X10 -1

5.8X10

1.6X10

Cf-249 3.0 8.1X10 8.0X10 -4 2.2X10 -2 1.5X10 -1 4.1 Cf-250 2.0X10 5.4X10 2.0X10 -3 5.4X10 -2 4.0 1.1X10 Cf-251 7.0 1.9X10 7.0X10 -4 1.9X10 -2 5.9X10 -2 1.6 Cf-252 1.0x10 -1 2.7 3.0X10 -3 8.1X10 -2 2.0X10 5.4X10 Cf-253 (a) 4.0X10 1.1X10 4.0X10 -2 1.1 1.1X10 2.9X10 Cf-254 1.0X10 -3 2.7X10 -2 1.0X10 -3 2.7X10 -2 3.1X10 8.5X10 Cl-36 Chlorine (17) 1.0X10 2.7X10 6.0X10 -1 1.6X10 1.2X10 -3 3.3X10 -2 Cl-38 2.0X10 -1 5.4 2.0X10 -1 5.4 4.9X10 1.3X10 Cm-240 Curium (96) 4.0X10 1.1X10 2.0X10 -2 5.4X10 -1 7.5X10 2.0X10 Cm-241 2.0 5.4X10 1.0 2.7X10 6.1X10 1.7X10 Cm-242 4.0X10 1.1X10 1.0X10 -2 2.7X10 -1 1.2X10 3.3X10 Cm-243 9.0 2.4X10 1.0X10 -3 2.7X10 -2 1.9X10 -3 5.2X10 Cm-244 2.0X10 5.4X10 2.0X10 -3 5.4X10 -2 3.0 8.1X10 Cm-245 9.0 2.4X10 9.0X10 -4 2.4X10 -2 6.4X10 -3 1.7X10 -1 Cm-246 9.0 2.4X10 9.0X10 -4 2.4X10 -2 1.1X10 -2 3.1X10 -1 Cm-247 (a) 3.0 8.1X10 1.0X10 -3 2.7X10 -2 3.4X10 -6 9.3X10 -5 Cm-248 2.0X10 -2 5.4X10 -1 3.0X10 -4 8.1X10 -3 1.6X10 -4 4.2X10 -3 Co-55 Cobalt (27) 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 1.1X10 3.1X10 Co-56 3.0X10 -1 8.1 3.0X10 -1 8.1 1.1X10 3.0X10 Co-57 1.0X10 2.7X10 1.0X10 2.7X10 3.1X10 8.4X10 Co-58 1.0 2.7X10 1.0 2.7X10 1.2X10 3.2X10 Co-58m 4.0X10 1.1X10 4.0X10 1.1X10 2.2X10 5.9X10 Co-60 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 4.2X10 1.1X10 Cr-51 Chromium (24)

3.0X10

8.1X10

3.0X10

8.1X10

3.4X10

9.2X10

Cs-129 Cesium (55) 4.0 1.1X10 4.0 1.1X10 2.8X10 7.6X10 Cs-131 3.0X10 8.1X10 3.0X10 8.1X10 3.8X10 1.0X10 Cs-132 1.0 2.7X10 1.0 2.7X10 5.7X10 1.5X10 Cs-134 7.0X10 -1 1.9X10 7.0X10 -1 1.9X10 4.8X10 1.3X10 Cs-134m 4.0X10 1.1X10 6.0X10 -1 1.6X10 3.0X10 8.0X10 Cs-135 4.0X10 1.1X10 1.0 2.7X10 4.3X10 -5 1.2X10 -3 Cs-136 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 2.7X10 7.3X10 Cs-137 (a) 2.0 5.4X10 6.0X10 -1 1.6X10 3.2 8.7X10 Cu-64 Copper (29) 6.0 1.6X10 1.0 2.7X10 1.4X10 3.9X10 Cu-67 1.0X10 2.7X10 7.0X10 -1 1.9X10 2.8X10 7.6X10 Dy-159 Dysprosium (66)

2.0X10

5.4X10

2.0X10

5.4X10

2.1X10

5.7X10

Dy-165 9.0X10 -1 2.4X10 6.0X10 -1 1.6X10 3.0X10 8.2X10 Dy-166 (a) 9.0X10 -1 2.4X10 3.0X10 -1 8.1 8.6X10 2.3X10 Er-169 Erbium (68) 4.0X10 1.1X10 1.0 2.7X10 3.1X10 8.3X10 Er-171 8.0X10 -1 2.2X10 5.0X10 -1 1.4X10 9.0X10 2.4X10 Eu-147 Europium (63)

2.0 5.4X10

1.4X10

3.7X10

Eu-148 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 6.0X10 1.6X10 Eu-149 2.0X10 5.4X10 2.0X10 5.4X10 3.5X10 9.4X10 Eu-150 (short lived)

2.0 5.4X10

7.0X10 -1

1.9X10

6.1X10

1.6X10

Eu-150 (long lived)

7.0X10 -1

1.9X10

7.0X10 -1

1.9X10

6.1X10

1.6X10

Eu-152 1.0 2.7X10 1.0 2.7X10 6.5 1.8X10 Eu-152m 8.0X10 -1 2.2X10 8.0X10 -1 2.2X10 8.2X10 2.2X10 Eu-154 9.0X10 -1 2.4X10 6.0X10 -1 1.6X10 9.8 2.6X10 Eu-155 2.0X10 5.4X10 3.0 8.1X10 1.8X10 4.9X10 Eu-156 7.0X10 -1 1.9X10 7.0X10 -1 1.9X10 2.0X10 5.5X10 F-18 Fluorine (9) 1.0 2.7X10 6.0X10 -1 1.6X10 3.5X10 9.5X10 Fe-52 (a) Iron (26) 3.0X10 -1 8.1 3.0X10 -1 8.1 2.7X10 7.3X10 Fe-55 4.0X10 1.1X10 4.0X10 1.1X10 8.8X10 2.4X10 Fe-59 9.0X10 -1 2.4X10 9.0X10 -1 2.4X10 1.8X10 5.0X10 Fe-60 (a) 4.0X10 1.1X10 2.0X10 -1 5.4 7.4X10 -4 2.0X10 -2 Ga-67 Gallium (31) 7.0 1.9X10 3.0 8.1X10 2.2X10 6.0X10 Ga-68 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 1.5X10 4.1X10 Ga-72 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 1.1X10 3.1X10 Gd-146 (a)

Gadolinium (64)

5.0X10 -1

1.4X10

5.0X10 -1

1.4X10

6.9X10

1.9X10

Gd-148 2.0X10 5.4X10 2.0X10 -3 5.4X10 -2 1.2 3.2X10 Gd-153 1.0X10 2.7X10 9.0 2.4X10 1.3X10 3.5X10 Gd-159 3.0 8.1X10 6.0X10 -1 1.6X10 3.9X10 1.1X10 Ge-68 (a)

Germanium (32)

5.0X10 -1

1.4X10

5.0X10 -1

1.4X10

2.6X10

7.1X10

Ge-71 4.0X10 1.1X10 4.0X10 1.1X10 5.8X10 1.6X10 Ge-77 3.0X10 -1 8.1 3.0X10 -1 8.1 1.3X10 3.6X10 Hf-172 (a) Hafnium (72) 6.0X10 -1 1.6X10 6.0X10 -1 1.6X10 4.1X10 1.1X10 Hf-175 3.0 8.1X10 3.0 8.1X10 3.9X10 1.1X10 Hf-181 2.0 5.4X10 5.0X10 -1 1.4X10 6.3X10 1.7X10 Hf-182 Unlimited Unlimited Unlimited Unlimited 8.1X10 -6 2.2X10 -4 Hg-194 (a) Mercury (80) 1.0 2.7X10 1.0 2.7X10 1.3X10 -1 3.5 Hg-195m (a) 3.0 8.1X10 7.0X10 -1 1.9X10 1.5X10 4.0X10 Hg-197 2.0X10 5.4X10 1.0X10 2.7X10 9.2X10 2.5X10 Hg-197m 1.0X10 2.7X10 4.0X10 -1 1.1X10 2.5X10 6.7X10 Hg-203 5.0 1.4X10 1.0 2.7X10 5.1X10 1.4X10 Ho-166 Holmium (67) 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 2.6X10 7.0X10 Ho-166m 6.0X10 -1 1.6X10 5.0X10 -1 1.4X10 6.6X10 -2 1.8 I-123 Iodine (53) 6.0 1.6X10 3.0 8.1X10 7.1X10 1.9X10 I-124 1.0 2.7X10 1.0 2.7X10 9.3X10 2.5X10 I-125 2.0X10 5.4X10 3.0 8.1X10 6.4X10 1.7X10 I-126 2.0 5.4X10 1.0 2.7X10 2.9X10 8.0X10 I-129 Unlimited Unlimited Unlimited Unlimited 6.5X10 -6 1.8X10 -4 I-131 3.0 8.1X10 7.0X10 -1 1.9X10 4.6X10 1.2X10 I-132 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 3.8X10 1.0X10 I-133 7.0X10 -1 1.9X10 6.0X10 -1 1.6X10 4.2X10 1.1X10 I-134 3.0X10 -1 8.1 3.0X10 -1 8.1 9.9X10 2.7X10 I-135 (a) 6.0X10 -1 1.6X10 6.0X10 -1 1.6X10 1.3X10 3.5X10 In-111 Indium (49) 3.0 8.1X10 3.0 8.1X10 1.5X10 4.2X10 In-113m 4.0 1.1X10 2.0 5.4X10 6.2X10 1.7X10 In-114m (a) 1.0X10 2.7X10 5.0X10 -1 1.4X10 8.6X10 2.3X10 In-115m 7.0 1.9X10 1.0 2.7X10 2.2X10 6.1X10 Ir-189 (a) Iridium (77) 1.0X10 2.7X10 1.0X10 2.7X10 1.9X10 5.2X10 Ir-190 7.0X10 -1 1.9X10 7.0X10 -1 1.9X10 2.3X10 6.2X10 Ir-192 (c) 1.0 (c)

2.7X10

6.0X10 -1

1.6X10

3.4X10

9.2X10

Ir-194 3.0X10 -1 8.1 3.0X10 -1 8.1 3.1X10 8.4X10 K-40 Potassium (19)

9.0X10 -1

2.4X10

9.0X10 -1

2.4X10

2.4X10 -7

6.4X10 -6

K-42 2.0X10 -1

5.4 2.0X10 -1

5.4 2.2X10

6.0X10

K-43 7.0X10 -1

1.9X10

6.0X10 -1

1.6X10

1.2X10

3.3X10

Kr-79 Krypton (36) 4.0 1.1x10 2.0 5.4x10 4.2x10 1.1x10 Kr-81 4.0X10 1.1X10 4.0X10 1.1X10 7.8X10 -4 2.1X10 -2 Kr-85 1.0X10 2.7X10 1.0X10 2.7X10 1.5X10 3.9X10 Kr-85m 8.0 2.2X10 3.0 8.1X10 3.0X10 8.2X10 Kr-87 2.0X10 -1 5.4 2.0X10 -1 5.4 1.0X10 2.8X10 La-137 Lanthanum 3.0X10 8.1X10 6.0 1.6X10 1.6X10 -3 4.4X10 -2 (57)

La-140 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 2.1X10 5.6X10 Lu-172 Lutetium (71) 6.0X10 -1 1.6X10 6.0X10 -1 1.6X10 4.2X10 1.1X10 Lu-173 8.0 2.2X10 8.0 2.2X10 5.6X10 1.5X10 Lu-174 9.0 2.4X10 9.0 2.4X10 2.3X10 6.2X10 Lu-174m 2.0X10 5.4X10 1.0X10 2.7X10 2.0X10 5.3X10 Lu-177 3.0X10 8.1X10 7.0X10 -1 1.9X10 4.1X10 1.1X10 Mg-28 (a)

Magnesium (12)

3.0X10 -1

8.1 3.0X10 -1

8.1 2.0X10

5.4X10

Mn-52 Manganese (25)

3.0X10 -1

8.1 3.0X10 -1

8.1 1.6X10

4.4X10

Mn-53 Unlimited Unlimited Unlimited Unlimited 6.8X10 -5 1.8X10 -3 Mn-54 1.0 2.7X10 1.0 2.7X10 2.9X10 7.7X10 Mn-56 3.0X10 -1 8.1 3.0X10 -1 8.1 8.0X10 2.2X10 Mo-93 Molybdenum (42)

4.0X10

1.1X10

2.0X10

5.4X10

4.1X10 -2 1.1

Mo-99 (a)(h) 1.0 2.7X10 6.0X10 -1 1.6X10 1.8X10 4.8X10 N-13 Nitrogen (7) 9.0X10 -1 2.4X10 6.0X10 -1 1.6X10 5.4X10 1.5X10 Na-22 Sodium (11) 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 2.3X10 6.3X10 Na-24 2.0X10 -1 5.4 2.0X10 -1 5.4 3.2X10 8.7X10 Nb-93m Niobium (41) 4.0X10 1.1X10 3.0X10 8.1X10 8.8 2.4X10 Nb-94 7.0X10 -1 1.9X10 7.0X10 -1 1.9X10 6.9X10 -3 1.9X10 -1 Nb-95 1.0 2.7X10 1.0 2.7X10 1.5X10 3.9X10 Nb-97 9.0X10 -1 2.4X10 6.0X10 -1 1.6X10 9.9X10 2.7X10 Nd-147 Neodymium (60)

6.0 1.6X10

6.0X10 -1

1.6X10

3.0X10

8.1X10

Nd-149 6.0X10 -1 1.6X10 5.0X10 -1 1.4X10 4.5X10 1.2X10 Ni-59 Nickel (28) Unlimited Unlimited Unlimited Unlimited 3.0X10 -3 8.0X10 -2 Ni-63 4.0X10 1.1X10 3.0X10 8.1X10 2.1 5.7X10 Ni-65 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 7.1X10 1.9X10 Np-235 Neptunium (93)

4.0X10

1.1X10

4.0X10

1.1X10

5.2X10

1.4X10

Np-236 (short-lived)

2.0X10

5.4X10

2.0 5.4X10

4.7X10 -4

1.3X10 -2

Np-236 (long-lived)

9.0X10

2.4X10

2.0X10 -2

5.4X10 -1

4.7X10 -4

1.3X10 -2

Np-237 2.0X10 5.4X10 2.0X10 -3 5.4X10 -2 2.6X10 -5 7.1X10 -4 Np-239 7.0 1.9X10 4.0X10 -1 1.1X10 8.6X10 2.3X10 Os-185 Osmium (76) 1.0 2.7X10 1.0 2.7X10 2.8X10 7.5X10 Os-191 1.0X10 2.7X10 2.0 5.4X10 1.6X10 4.4X10 Os-191m 4.0X10 1.1X10 3.0X10 8.1X10 4.6X10 1.3X10 Os-193 2.0 5.4X10 6.0X10 -1 1.6X10 2.0X10 5.3X10 Os-194 (a) 3.0X10 -1 8.1 3.0X10 -1 8.1 1.1X10 3.1X10 P-32 Phosphorus (15)

5.0X10 -1

1.4X10

5.0X10 -1

1.4X10

1.1X10

2.9X10

P-33 4.0X10

1.1X10

1.0 2.7X10

5.8X10

1.6X10

Pa-230 (a)

Protactinium (91)

2.0 5.4X10

7.0X10 -2

1.9 1.2X10

3.3X10

Pa-231 4.0 1.1X10 4.0X10 -4 1.1X10 -2 1.7X10 -3 4.7X10 -2 Pa-233 5.0 1.4X10 7.0X10 -1 1.9X10 7.7X10 2.1X10 Pb-201 Lead (82) 1.0 2.7X10 1.0 2.7X10 6.2X10 1.7X10 Pb-202 4.0X10 1.1X10 2.0X10 5.4X10 1.2X10 -4 3.4X10 -3 Pb-203 4.0 1.1X10 3.0 8.1X10 1.1X10 3.0X10 Pb-205 Unlimited Unlimited Unlimited Unlimited 4.5X10 -6 1.2X10 -4 Pb-210 (a) 1.0 2.7X10 5.0X10 -2 1.4 2.8 7.6X10 Pb-212 (a) 7.0X10 -1 1.9X10 2.0X10 -1 5.4 5.1X10 1.4X10 Pd-103 (a)

Palladium (46)

4.0X10

1.1X10

4.0X10

1.1X10

2.8X10

7.5X10

Pd-107 Unlimited Unlimited Unlimited Unlimited 1.9X10 -5 5.1X10 -4 Pd-109 2.0 5.4X10 5.0X10 -1 1.4X10 7.9X10 2.1X10 Pm-143 Promethium (61)

3.0 8.1X10

1.3X10

3.4X10

Pm-144 7.0X10 -1 1.9X10 7.0X10 -1 1.9X10 9.2X10 2.5X10 Pm-145 3.0X10 8.1X10 1.0X10 2.7X10 5.2 1.4X10 Pm-147 4.0X10 1.1X10 2.0 5.4X10 3.4X10 9.3X10 Pm-148m (a)

8.0X10 -1

2.2X10

7.0X10 -1

1.9X10

7.9X10

2.1X10

Pm-149 2.0 5.4X10 6.0X10 -1 1.6X10 1.5X10 4.0X10 Pm-151 2.0 5.4X10 6.0X10 -1 1.6X10 2.7X10 7.3X10 Po-210 Polonium (84) 4.0X10 1.1X10 2.0X10 -2 5.4X10 -1 1.7X10 4.5X10 Pr-142 Praseodymium (59)

4.0X10 -1

1.1X10

4.0X10 -1

1.1X10

4.3X10

1.2X10

Pr-143 3.0 8.1X10 6.0X10 -1 1.6X10 2.5X10 6.7X10 Pt-188 (a) Platinum (78) 1.0 2.7X10 8.0X10 -1 2.2X10 2.5X10 6.8X10 Pt-191 4.0 1.1X10 3.0 8.1X10 8.7X10 2.4X10 Pt-193 4.0X10 1.1X10 4.0X10 1.1X10 1.4 3.7X10 Pt-193m 4.0X10 1.1X10 5.0X10 -1 1.4X10 5.8X10 1.6X10 Pt-195m 1.0X10 2.7X10 5.0X10 -1 1.4X10 6.2X10 1.7X10 Pt-197 2.0X10 5.4X10 6.0X10 -1 1.6X10 3.2X10 8.7X10 Pt-197m 1.0X10 2.7X10 6.0X10 -1 1.6X10 3.7X10 1.0X10 Pu-236 Plutonium (94)

3.0X10

8.1X10

3.0X10 -3

8.1X10 -2

2.0X10

5.3X10

Pu-237 2.0X10 5.4X10 2.0X10 5.4X10 4.5X10 1.2X10 Pu-238 1.0X10 2.7X10 1.0X10 -3 2.7X10 -2 6.3X10 -1 1.7X10 Pu-239 1.0X10 2.7X10 1.0X10 -3 2.7X10 -2 2.3X10 -3 6.2X10 -2 Pu-240 1.0X10 2.7X10 1.0X10 -3 2.7X10 -2 8.4X10 -3 2.3X10 -1 Pu-241 (a) 4.0X10 1.1X10 6.0X10 -2 1.6 3.8 1.0X10 Pu-242 1.0X10 2.7X10 1.0X10 -3 2.7X10 -2 1.5X10 -4 3.9X10 -3 Pu-244 (a) 4.0X10 -1 1.1X10 1.0X10 -3 2.7X10 -2 6.7X10 -7 1.8X10 -5 Ra-223 (a) Radium (88) 4.0X10 -1 1.1X10 7.0X10 -3 1.9X10 -1 1.9X10 5.1X10 Ra-224 (a) 4.0X10 -1 1.1X10 2.0X10 -2 5.4X10 -1 5.9X10 1.6X10 Ra-225 (a) 2.0X10 -1 5.4 4.0X10 -3 1.1X10 -1 1.5X10 3.9X10 Ra-226 (a) 2.0X10 -1 5.4 3.0X10 -3 8.1X10 -2 3.7X10 -2 1.0 Ra-228 (a) 6.0X10 -1 1.6X10 2.0X10 -2 5.4X10 -1 1.0X10 2.7X10 Rb-81 Rubidium (37)

2.0 5.4X10

8.0X10 -1

2.2X10

3.1X10

8.4X10

Rb-83 (a) 2.0 5.4X10 2.0 5.4X10 6.8X10 1.8X10 Rb-84 1.0 2.7X10 1.0 2.7X10 1.8X10 4.7X10 Rb-86 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 3.0X10 8.1X10 Rb-87 Unlimited Unlimited Unlimited Unlimited 3.2X10 -9 8.6X10 -8 Rb(nat) Unlimited Unlimited Unlimited Unlimited 6.7X10 1.8X10 Re-184 Rhenium (75) 1.0 2.7X10 1.0 2.7X10 6.9X10 1.9X10 Re-184m 3.0 8.1X10 1.0 2.7X10 1.6X10 4.3X10 Re-186 2.0 5.4X10 6.0X10 -1 1.6X10 6.9X10 1.9X10 Re-187 Unlimited Unlimited Unlimited Unlimited 1.4X10 -9 3.8X10 -8 Re-188 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 3.6X10 9.8X10 Re-189 (a) 3.0 8.1X10 6.0X10 -1 1.6X10 2.5X10 6.8X10 Re(nat) Unlimited Unlimited Unlimited Unlimited 0.0 2.4X10 -8 Rh-99 Rhodium (45) 2.0 5.4X10 2.0 5.4X10 3.0X10 8.2X10 Rh-101 4.0 1.1X10 3.0 8.1X10 4.1X10 1.1X10 Rh-102 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 4.5X10 1.2X10 Rh-102m 2.0 5.4X10 2.0 5.4X10 2.3X10 6.2X10 Rh-103m 4.0X10 1.1X10 4.0X10 1.1X10 1.2X10 3.3X10 Rh-105 1.0X10 2.7X10 8.0X10 -1 2.2X10 3.1X10 8.4X10 Rn-222 (a) Radon (86) 3.0X10 -1 8.1 4.0X10 -3 1.1X10 -1 5.7X10 1.5X10 Ru-97 Ruthenium (44)

5.0 1.4X10

1.7X10

4.6X10

Ru-103 (a) 2.0 5.4X10 2.0 5.4X10 1.2X10 3.2X10 Ru-105 1.0 2.7X10 6.0X10 -1 1.6X10 2.5X10 6.7X10 Ru-106 (a) 2.0X10 -1 5.4 2.0X10 -1 5.4 1.2X10 3.3X10 S-35 Sulphur (16) 4.0X10 1.1X10 3.0 8.1X10 1.6X10 4.3X10 Sb-122 Antimony (51) 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 1.5X10 4.0X10 Sb-124 6.0X10 -1 1.6X10 6.0X10 -1 1.6X10 6.5X10 1.7X10 Sb-125 2.0 5.4X10 1.0 2.7X10 3.9X10 1.0X10 Sb-126 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 3.1X10 8.4X10 Sc-44 Scandium 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 6.7X10 1.8X10 (21)

Sc-46 5.0X10 -1 1.4X10 5.0X10 -1 1.4X10 1.3X10 3.4X10 Sc-47 1.0X10 2.7X10 7.0X10 -1 1.9X10 3.1X10 8.3X10 Sc-48 3.0X10 -1 8.1 3.0X10 -1 8.1 5.5X10 1.5X10 Se-75 Selenium (34) 3.0 8.1X10 3.0 8.1X10 5.4X10 1.5X10 Se-79 4.0X10 1.1X10 2.0 5.4X10 2.6X10 -3 7.0X10 -2 Si-31 Silicon (14) 6.0X10 -1 1.6X10 6.0X10 -1 1.6X10 1.4X10 3.9X10 Si-32 4.0X10 1.1X10 5.0X10 -1 1.4X10 3.9 1.1X10 Sm-145 Samarium (62)

1.0X10

2.7X10

1.0X10

2.7X10

9.8X10

2.6X10

Sm-147 Unlimited Unlimited Unlimited Unlimited 8.5X10 -10 2.3X10 -8 Sm-151 4.0X10 1.1X10 1.0X10 2.7X10 9.7X10 -1 2.6X10 Sm-153 9.0 2.4X10 6.0X10 -1 1.6X10 1.6X10 4.4X10 Sn-113 (a) Tin (50) 4.0 1.1X10 2.0 5.4X10 3.7X10 1.0X10 Sn-117m 7.0 1.9X10 4.0X10 -1 1.1X10 3.0X10 8.2X10 Sn-119m 4.0X10 1.1X10 3.0X10 8.1X10 1.4X10 3.7X10 Sn-121m (a) 4.0X10 1.1X10 9.0X10 -1 2.4X10 2.0 5.4X10 Sn-123 8.0X10 -1 2.2X10 6.0X10 -1 1.6X10 3.0X10 8.2X10 Sn-125 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 4.0X10 1.1X10 Sn-126 (a) 6.0X10 -1 1.6X10 4.0X10 -1 1.1X10 1.0X10 -3 2.8X10 -2 Sr-82 (a)

Strontium (38)

2.0X10 -1

5.4 2.0X10 -1

5.4 2.3X10

6.2X10

Sr-85 2.0 5.4X10 2.0 5.4X10 8.8X10 2.4X10 Sr-85m 5.0 1.4X10 5.0 1.4X10 1.2X10 3.3X10 Sr-87m 3.0 8.1X10 3.0 8.1X10 4.8X10 1.3X10 Sr-89 6.0X10 -1 1.6X10 6.0X10 -1 1.6X10 1.1X10 2.9X10 Sr-90 (a) 3.0X10 -1 8.1 3.0X10 -1 8.1 5.1 1.4X10 Sr-91 (a) 3.0X10 -1 8.1 3.0X10 -1 8.1 1.3X10 3.6X10 Sr-92 (a) 1.0 2.7X10 3.0X10 -1 8.1 4.7X10 1.3X10 T(H-3) Tritium (1) 4.0X10 1.1X10 4.0X10 1.1X10 3.6X10 9.7X10 Ta-178 (long-lived)

Tantalum (73) 1.0 2.7X10 8.0X10 -1 2.2X10 4.2X10 1.1X10 Ta-179 3.0X10 8.1X10 3.0X10 8.1X10 4.1X10 1.1X10 Ta-182 9.0X10 -1 2.4X10 5.0X10 -1 1.4X10 2.3X10 6.2X10 Tb-157 Terbium (65) 4.0X10 1.1X10 4.0X10 1.1X10 5.6X10 -1 1.5X10 Tb-158 1.0 2.7X10 1.0 2.7X10 5.6X10 -1 1.5X10 Tb-160 1.0 2.7X10 6.0X10 -1 1.6X10 4.2X10 1.1X10 Tc-95m (a)

Technetium (43)

2.0 5.4X10

8.3X10

2.2X10

Tc-96 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 1.2X10 3.2X10 Tc-96m (a) 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 1.4X10 3.8X10 Tc-97 Unlimited Unlimited Unlimited Unlimited 5.2X10 -5 1.4X10 -3 Tc-97m 4.0X10 1.1X10 1.0 2.7X10 5.6X10 1.5X10 Tc-98 8.0X10 -1 2.2X10 7.0X10 -1 1.9X10 3.2X10 -5 8.7X10 -4 Tc-99 4.0X10 1.1X10 9.0X10 -1 2.4X10 6.3X10 -4 1.7X10 -2 Tc-99m 1.0X10 2.7X10 4.0 1.1X10 1.9X10 5.3X10 Te-121 Tellurium (52) 2.0 5.4X10 2.0 5.4X10 2.4X10 6.4X10 Te-121m 5.0 1.4X10 3.0 8.1X10 2.6X10 7.0X10 Te-123m 8.0 2.2X10 1.0 2.7X10 3.3X10 8.9X10 Te-125m 2.0X10 5.4X10 9.0X10 -1 2.4X10 6.7X10 1.8X10 Te-127 2.0X10 5.4X10 7.0X10 -1 1.9X10 9.8X10 2.6X10 Te-127m (a) 2.0X10 5.4X10 5.0X10 -1 1.4X10 3.5X10 9.4X10 Te-129 7.0X10 -1 1.9X10 6.0X10 -1 1.6X10 7.7X10 2.1X10 Te-129m (a) 8.0X10 -1 2.2X10 4.0X10 -1 1.1X10 1.1X10 3.0X10 Te-131m (a) 7.0X10 -1 1.9X10 5.0X10 -1 1.4X10 3.0X10 8.0X10 Te-132 (a) 5.0X10 -1 1.4X10 4.0X10 -1 1.1X10 1.1X10 3.0X10 Th-227 Thorium (90) 1.0X10 2.7X10 5.0X10 -3 1.4X10 -1 1.1X10 3.1X10 Th-228 (a) 5.0X10 -1 1.4X10 1.0X10 -3 2.7X10 -2 3.0X10 8.2X10 Th-229 5.0 1.4X10 5.0X10 -4 1.4X10 -2 7.9X10 -3 2.1X10 -1 Th-230 1.0X10 2.7X10 1.0X10 -3 2.7X10 -2 7.6X10 -4 2.1X10 -2 Th-231 4.0X10 1.1X10 2.0X10 -2 5.4X10 -1 2.0X10 5.3X10 Th-232 Unlimited Unlimited Unlimited Unlimited 4.0X10 -9 1.1X10 -7 Th-234 (a) 3.0X10 -1 8.1 3.0X10 -1 8.1 8.6X10 2.3X10 Th(nat) Unlimited Unlimited Unlimited Unlimited 8.1X10 -9 2.2X10 -7 Ti-44 (a) Titanium (22) 5.0X10 -1 1.4X10 4.0X10 -1 1.1X10 6.4 1.7X10 Tl-200 Thallium (81) 9.0X10 -1 2.4X10 9.0X10 -1 2.4X10 2.2X10 6.0X10 Tl-201 1.0X10 2.7X10 4.0 1.1X10 7.9X10 2.1X10 Tl-202 2.0 5.4X10 2.0 5.4X10 2.0X10 5.3X10 Tl-204 1.0X10 2.7X10 7.0X10 -1 1.9X10 1.7X10 4.6X10 Tm-167 Thulium (69) 7.0 1.9X10 8.0X10 -1 2.2X10 3.1X10 8.5X10 Tm-170 3.0 8.1X10 6.0X10 -1 1.6X10 2.2X10 6.0X10 Tm-171 4.0X10 1.1X10 4.0X10 1.1X10 4.0X10 1.1X10 U-230 (fast lung absorption)

(a)(d)

Uranium (92) 4.0X10 1.1X10 1.0X10 -1 2.7 1.0X10 2.7X10 U-230 (medium lung absorption)

(a)(e)

4.0X10

1.1X10

4.0X10 -3

1.1X10 -1

1.0X10

2.7X10

U-230 (slow lung absorption)

(a)(f)

3.0X10

8.1X10

3.0X10 -3

8.1X10 -2

1.0X10

2.7X10

U-232 (fast lung absorption)

(d)

4.0X10

1.1X10

1.0X10 -2

2.7X10 -1

8.3X10 -1

2.2X10

U-232

(medium lung absorption)

(e)

4.0X10

1.1X10

7.0X10 -3

1.9X10 -1

8.3X10 -1

2.2X10

U-232 (slow lung absorption)

(f)

1.0X10

2.7X10

1.0X10 -3

2.7X10 -2

8.3X10 -1

2.2X10

U-233 (fast lung absorption)

(d)

4.0X10

1.1X10

9.0X10 -2

2.4 3.6X10 -4

9.7X10 -3

U-233

(medium lung absorption)

(e)

4.0X10

1.1X10

2.0X10 -2

5.4X10 -1

3.6X10 -4

9.7X10 -3

U-233 (slow lung absorption)

(f)

4.0X10

1.1X10

6.0X10 -3

1.6X10 -1

3.6X10 -4

9.7X10 -3

U-234 (fast lung absorption)

(d)

4.0X10

1.1X10

9.0X10 -2

2.4 2.3X10 -4

6.2X10 -3

U-234

(medium lung absorption)

(e)

4.0X10

1.1X10

2.0X10 -2

5.4X10 -1

2.3X10 -4

6.2X10 -3

U-234 (slow lung absorption)

(f)

4.0X10

1.1X10

6.0X10 -3

1.6X10 -1

2.3X10 -4

6.2X10 -3

U-235 (all lung absorption types)

(a),(d),(e),(f)

Unlimited Unlimited Unlimited Unlimited 8.0X10 -8 2.2X10 -6 U-236 (fast lung absorption)

(d)

Unlimited Unlimited Unlimited Unlimited 2.4X10 -6 6.5X10 -5 U-236 (medium lung absorption)

(e)

4.0X10

1.1X10

2.0X10 -2

5.4X10 -1

2.4X10 -6

6.5X10 -5

U-236 (slow lung absorption)

(f)

4.0X10

1.1X10

6.0X10 -3

1.6X10 -1

2.4X10 -6

6.5X10 -5

U-238 (all lung absorption types)

(d),(e),(f)

Unlimited Unlimited Unlimited Unlimited 1.2X10 -8 3.4X10 -7 U (nat) Unlimited Unlimited Unlimited Unlimited 2.6X10 -8 7.1X10 -7 U (enriched to 20% or less) (g)

Unlimited Unlimited Unlimited Unlimited See Table A-4 See Table A-4 U (dep) Unlimited Unlimited Unlimited Unlimited See Table A-4 (See Table A-3)

V-48

Vanadium (23)

4.0X10 -1

1.1X10

4.0X10 -1

1.1X10

6.3X10

1.7X10

V-49 4.0X10

1.1X10

4.0X10

1.1X10

3.0X10

8.1X10

W-178 (a) Tungsten (74) 9.0 2.4X10 5.0 1.4X10 1.3X10 3.4X10 W-181 3.0X10 8.1X10 3.0X10 8.1X10 2.2X10 6.0X10 W-185 4.0X10 1.1X10 8.0X10 -1 2.2X10 3.5X10 9.4X10 W-187 2.0 5.4X10 6.0X10 -1 1.6X10 2.6X10 7.0X10 W-188 (a) 4.0X10 -1 1.1X10 3.0X10 -1 8.1 3.7X10 1.0X10 Xe-122 (a) Xenon (54) 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 4.8X10 1.3X10 Xe-123 2.0 5.4X10 7.0X10 -1 1.9X10 4.4X10 1.2X10 Xe-127 4.0 1.1X10 2.0 5.4X10 1.0X10 2.8X10 Xe-131m 4.0X10 1.1X10 4.0X10 1.1X10 3.1X10 8.4X10 Xe-133 2.0X10 5.4X10 1.0X10 2.7X10 6.9X10 1.9X10 Xe-135 3.0 8.1X10 2.0 5.4X10 9.5X10 2.6X10 Y-87 (a) Yttrium (39) 1.0 2.7X10 1.0 2.7X10 1.7X10 4.5X10 Y-88 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 5.2X10 1.4X10 Y-90 3.0X10 -1 8.1 3.0X10 -1 8.1 2.0X10 5.4X10 Y-91 6.0X10 -1 1.6X10 6.0X10 -1 1.6X10 9.1X10 2.5X10 Y-91m 2.0 5.4X10 2.0 5.4X10 1.5X10 4.2X10 Y-92 2.0X10 -1 5.4 2.0X10 -1 5.4 3.6X10 9.6X10 Y-93 3.0X10 -1 8.1 3.0X10 -1 8.1 1.2X10 3.3X10 Yb-169 Ytterbium (70)

4.0 1.1X10

1.0 2.7X10

8.9X10

2.4X10

Yb-175 3.0X10 8.1X10 9.0X10 -1 2.4X10 6.6X10 1.8X10 Zn-65 Zinc (30) 2.0 5.4X10 2.0 5.4X10 3.0X10 8.2X10 Zn-69 3.0 8.1X10 6.0X10 -1 1.6X10 1.8X10 4.9X10 Zn-69m (a) 3.0 8.1X10 6.0X10 -1 1.6X10 1.2X10 3.3X10 Zr-88 Zirconium (40)

3.0 8.1X10

6.6X10

1.8X10

Zr-93 Unlimited Unlimited Unlimited Unlimited 9.3X10 -5 2.5X10 -3 Zr-95 (a) 2.0 5.4X10 8.0X10 -1 2.2X10 7.9X10 2.1X10 Zr-97 (a) 4.0X10 -1 1.1X10 4.0X10 -1 1.1X10 7.1X10 1.9X10 a A and/or A values include contributions from daughter nuclides with half-lives less than 10 days as listed in the following:

Mg-28 Al-28 Ca-47 Sc-47 Ti-44 Sc-44 Fe-52 Mn-52m Fe-60 Co-60m Zn-69m Zn-69 Ge-68 Ga-68 Rb-83 Kr-83m Sr-82 Rb-82 Sr-90 Y-90 Sr-91 Y-91m Sr-92 Y-92 Y-87 Sr-87m Zr-95 Nb-95m Zr-97 Nb-97m, Nb-97 Mo-99 Tc-99m Tc-95m Tc-95 Tc-96m Tc-96 Ru-103 Rh-103m Ru-106 Rh-106 Pd-103 Rh-103m Ag-108m Ag-108 Ag-110m Ag-110 Cd-115 In-115m In-114m In-114 Sn-113 In-113m Sn-121m Sn-121 Sn-126 Sb-126m Te-127m Te-127 Te-129m Te-129 Te-131m Te-131 Te-132 I-132 I-135 Xe-135m Xe-122 I-122 Cs-137 Ba-137m Ba-131 Cs-131 Ba-140 La-140 Ce-144 Pr-144m, Pr-144 Pm-148 Pm-148 Gd-146 Eu-146 Dy-166 Ho-166 Hf-172 Lu-172 W-178 Ta-178 W-188 Re-188 Re-189 Os-189m Os-194 Ir-194 Ir-189 Os-189m Pt-188 Ir-188 Hg-194 Au-194 Hg-195m Hg-195 Pb-210 Bi-210 Pb-212 Bi-212, Tl-208, Po-212 Bi-210m Tl-206 Bi-212 Tl-208, Po-212 At-211 Po-211 Rn-222 Po-218, Pb-214, At-218, Bi-214, Po-214 Ra-223 Rn-219, Po-215, Pb-211, Bi-211, Po-211, Tl-207 Ra-224 Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212 Ra-225 Ac-225, Fr-221, At-217, Bi-213, Tl-209, Po-213, Pb-209 Ra-226 Rn-222, Po-218, Pb-214, At-218, Bi-214, Po-214 Ra-228 Ac-228 Ac-225 Fr-221, At-217, Bi-213, Tl-209, Po-213, Pb-209 Ac-227 Fr-223 Th-228 Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208, Po-212 Th-234 Pa-234m, Pa-234 Pa-230 Ac-226, Th-226, Fr-222, Ra-222, Rn-218, Po-214 U-230 Th-226, Ra-222, Rn-218, Po-214 U-235 Th-231 Pu-241 U-237 Pu-244 U-240, Np-240m Am-242m Am-242, Np-238 Am-243 Np-239 Cm-247 Pu-243 Bk-249 Am-245 Cf-253 Cm-249 b The values of A and A in Curies (Ci) are approximate and for information only; the regulatory standard units are Terabecquerels (TBq), (see paragraph (1) of Schedule 10-6–Determination of A and A of this rule.). c The activity of Ir-192 in special form may be determined from a measurement of the rate of decay or a measurement of the radiation level at a prescribed distance from the source. d These values apply only to compounds of uranium that take the chemical form of UF , UO F and UO (NO ) in both normal and accident conditions of transport. e These values apply only to compounds of uranium that take the chemical form of UO , UF , UCl and hexavalent compounds in both normal and accident conditions of transport. f These values apply to all compounds of uranium other than those specified in notes (d) and (e) of this table. g These values apply to unirradiated uranium only. h A = 0.74 TBq (20 Ci) for Mo-99 for domestic use.

Table A-2—EXEMPT MATERIAL ACTIVITY CONCENTRATIONS AND EXEMPT CONSIGNMENT ACTIVITY LIMITS FOR RADIONUCLIDES Symbol of radionuclide Element and atomic number Activity concentration for exempt material (Bq/g)

Activity concentration for exempt material (Ci/g)

Activity limit for exempt consignment (Bq)

Activity limit for exempt consignment (Ci)

Ac-225 Actinium (89) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Ac-227 1.0X10 -1 2.7X10 -12 1.0X10 2.7X10 -8 Ac-228 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Ag-105 Silver (47) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ag-108m (b)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -5

Ag-110m 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Ag-111 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Al-26 Aluminum (13) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Am-241 Americium (95) 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Am-242m (b)

1.0 2.7X10 -11

1.0X10

2.7X10 -7

Am-243 (b) 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Ar-37 Argon (18) 1.0X10 2.7X10 -5 1.0X10 2.7X10 -3 Ar-39 1.0X10 2.7X10 -4 1.0X10 2.7X10 -7 Ar-41 1.0X10 2.7X10 -9 1.0X10 2.7X10 -2 As-72 Arsenic (33) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 As-73 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 As-74 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 As-76 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 As-77 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 At-211 Astatine (85) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Au-193 Gold (79) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Au-194 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Au-195 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Au-198 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Au-199 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ba-131 Barium (56) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ba-133 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ba-133m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ba-140 (b) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Be-7 Beryllium (4) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Be-10 1.0X10 2.7X10 -7 1.0X10 2.7X10 -5 Bi-205 Bismuth (83) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Bi-206 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Bi-207 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Bi-210 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Bi-210m 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Bi-212 (b) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Bk-247 Berkelium (97) 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Bk-249 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Br-76 Bromine (35) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Br-77 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Br-82 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 C-11 Carbon (6) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 C-14 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Ca-41 Calcium (20) 1.0X10 2.7X10 -6 1.0X10 2.7X10 -4 Ca-45 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Ca-47 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Cd-109 Cadmium (48) 1.0X10 2.7X10 -7 1.0X10 2.7X10 -5 Cd-113m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Cd-115 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Cd-115m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Ce-139 Cerium (58) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ce-141 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Ce-143 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ce-144 (b) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Cf-248 Californium (98) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Cf-249 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Cf-250 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Cf-251 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Cf-252 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Cf-253 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Cf-254 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Cl-36 Chlorine (17) 1.0X10 2.7X10 -7 1.0X10 2.7X10 -5 Cl-38 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Cm-240 Curium (96) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Cm-241 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Cm-242 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Cm-243 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Cm-244 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Cm-245 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Cm-246 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Cm-247 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Cm-248 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Co-55 Cobalt (27) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Co-56 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Co-57 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Co-58 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Co-58m 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Co-60 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Cr-51 Chromium (24) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Cs-129 Cesium (55) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Cs-131 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Cs-132 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Cs-134 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Cs-134m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -6 Cs-135 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Cs-136 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Cs-137 (b) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Cu-64 Copper (29) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Cu-67 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Dy-159 Dysprosium (66) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Dy-165 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Dy-166 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Er-169 Erbium (68) 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Er-171 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Eu-147 Europium (63) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Eu-148 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Eu-149 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Eu-150 (short lived)

1.0X10

2.7X10 -8

1.0X10

2.7X10 -5

Eu-150 (long lived)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -5

Eu-152 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Eu-152m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Eu-154 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Eu-155 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Eu-156 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 F-18 Fluorine (9) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Fe-52 Iron (26) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Fe-55 1.0X10 2.7X10 -7 1.0X10 2.7X10 -5 Fe-59 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Fe-60 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Ga-67 Gallium (31) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ga-68 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Ga-72 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Gd-146 Gadolinium (64) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Gd-148 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Gd-153 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Gd-159 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Ge-68 Germanium (32) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Ge-71 1.0X10 2.7X10 -7 1.0X10 2.7X10 -3 Ge-77 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Hf-172 Hafnium (72) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Hf-175 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Hf-181 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Hf-182 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Hg-194 Mercury (80) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Hg-195m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Hg-197 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Hg-197m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Hg-203 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Ho-166 Holmium (67) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -6 Ho-166m 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 I-123 Iodine (53) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 I-124 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 I-125 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 I-126 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 I-129 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 I-131 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 I-132 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 I-133 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 I-134 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 I-135 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 In-111 Indium (49) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 In-113m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 In-114m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 In-115m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ir-189 Iridium (77) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Ir-190 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Ir-192 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Ir-194 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 K-40 Potassium (19) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 K-42 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 K-43 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Kr-79 Krypton (36) 1.0x10 2.7x10 -8 1.0x10 2.7x10 -6 Kr-81 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Kr-85 1.0X10 2.7X10 -6 1.0X10 2.7X10 -7 Kr-85m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -1 Kr-87 1.0X10 2.7X10 -9 1.0X10 2.7X10 -2 La-137 Lanthanum (57) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 La-140 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Lu-172 Lutetium (71) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Lu-173 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Lu-174 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Lu-174m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Lu-177 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Mg-28 Magnesium (12) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Mn-52 Manganese (25) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Mn-53 1.0X10 2.7X10 -7 1.0X10 2.7X10 -2 Mn-54 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Mn-56 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Mo-93 Molybdenum (42)

1.0X10

2.7X10 -8

1.0X10

2.7X10 -3

Mo-99 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 N-13 Nitrogen (7) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -2 Na-22 Sodium (11) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Na-24 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Nb-93m Niobium (41) 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Nb-94 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Nb-95 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Nb-97 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Nd-147 Neodymium (60)

1.0X10

2.7X10 -9

1.0X10

2.7X10 -5

Nd-149 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ni-59 Nickel (28) 1.0X10 2.7X10 -7 1.0X10 2.7X10 -3 Ni-63 1.0X10 2.7X10 -6 1.0X10 2.7X10 -3 Ni-65 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Np-235 Neptunium (93) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Np-236 (short-lived)

1.0X10

2.7X10 -8

1.0X10

2.7X10 -4

Np-236 (long-lived)

1.0X10

2.7X10 -9

1.0X10

2.7X10 -6

Np-237 (b) 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Np-239 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Os-185 Osmium (76) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Os-191 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Os-191m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Os-193 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Os-194 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 P-32 Phosphorus (15)

1.0X10

2.7X10 -8

1.0X10

2.7X10 -6

P-33 1.0X10

2.7X10 -6

1.0X10

2.7X10 -3

Pa-230 Protactinium (91)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -5

Pa-231 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Pa-233 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Pb-201 Lead (82) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Pb-202 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Pb-203 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Pb-205 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Pb-210 (b) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Pb-212 (b) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Pd-103 Palladium (46) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -3 Pd-107 1.0X10 2.7X10 -6 1.0X10 2.7X10 -3 Pd-109 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Pm-143 Promethium (61)

1.0X10

2.7X10 -9

1.0X10

2.7X10 -5

Pm-144 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Pm-145 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Pm-147 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Pm-148m 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Pm-149 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Pm-151 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Po-210 Polonium (84) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Pr-142 Praseodymium (59)

1.0X10

2.7X10 -9

1.0X10

2.7X10 -6

Pr-143 1.0X10 2.7X10 -7 1.0X10 2.7X10 -5 Pt-188 Platinum (78) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Pt-191 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Pt-193 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Pt-193m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Pt-195m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Pt-197 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Pt-197m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Pu-236 Plutonium (94) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Pu-237 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Pu-238 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Pu-239 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Pu-240 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Pu-241 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Pu-242 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Pu-244 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Ra-223 (b) Radium (88) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Ra-224 (b) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Ra-225 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Ra-226 (b) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Ra-228 (b) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Rb-81 Rubidium (37) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Rb-83 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Rb-84 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Rb-86 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Rb-87 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Rb(nat) 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Re-184 Rhenium (75) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Re-184m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Re-186 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Re-187 1.0X10 2.7X10 -5 1.0X10 2.7X10 -2 Re-188 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Re-189 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Re(nat) 1.0X10 2.7X10 -5 1.0X10 2.7X10 -2 Rh-99 Rhodium (45) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Rh-101 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Rh-102 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Rh-102m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Rh-103m 1.0X10 2.7X10 -7 1.0X10 2.7X10 -3 Rh-105 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Rn-222 (b) Radon (86) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -3 Ru-97 Ruthenium (44) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Ru-103 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Ru-105 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Ru-106 (b) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 S-35 Sulphur (16) 1.0X10 2.7X10 -6 1.0X10 2.7X10 -3 Sb-122 Antimony (51) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -7 Sb-124 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Sb-125 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Sb-126 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Sc-44 Scandium (21) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Sc-46 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Sc-47 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Sc-48 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Se-75 Selenium (34) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Se-79 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Si-31 Silicon (14) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Si-32 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Sm-145 Samarium (62) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Sm-147 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Sm-151 1.0X10 2.7X10 -7 1.0X10 2.7X10 -3 Sm-153 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Sn-113 Tin (50) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Sn-117m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Sn-119m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Sn-121m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Sn-123 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Sn-125 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Sn-126 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Sr-82 Strontium (38) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Sr-85 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Sr-85m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Sr-87m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Sr-89 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Sr-90 (b) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -7 Sr-91 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Sr-92 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 T(H-3) Tritium (1) 1.0X10 2.7X10 -5 1.0X10 2.7X10 -2 Ta-178 (long-lived)

Tantalum (73) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Ta-179 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Ta-182 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Tb-157 Terbium (65) 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Tb-158 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Tb-160 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Tc-95m Technetium (43) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Tc-96 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Tc-96m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Tc-97 1.0X10 2.7X10 -8 1.0X10 2.7X10 -3 Tc-97m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Tc-98 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Tc-99 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 Tc-99m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Te-121 Tellurium (52) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Te-121m 1.0X10 2.7X10 -9 1.0x10 2.7x10 -5 Te-123m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Te-125m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Te-127 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Te-127m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Te-129 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Te-129m 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Te-131m 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Te-132 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Th-227 Thorium (90) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Th-228 (b) 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Th-229 (b) 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Th-230 1.0 2.7X10 -11 1.0X10 2.7X10 -7 Th-231 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Th-232 1.0X10 2.7X10 -10 1.0X10 2.7X10 -7 Th-234 (b) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -6 Th (nat) (b) 1.0 2.7X10 -11 1.0X10 2.7X10 -8 Ti-44 Titanium (22) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 Tl-200 Thallium (81) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Tl-201 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Tl-202 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Tl-204 1.0X10 2.7X10 -7 1.0X10 2.7X10 -7 Tm-167 Thulium (69) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Tm-170 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Tm-171 1.0X10 2.7X10 -7 1.0X10 2.7X10 -3 U-230 (fast lung absorption)

(b),(d)

Uranium (92) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 U-230 (medium lung absorption)

(e)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U-230 (slow lung absorption)

(f)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U-232 (fast lung absorption)

(b),(d)

1.0 2.7X10 -11

1.0X10

2.7X10 -8

U-232

(medium lung absorption)

(e)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U-232 (slow lung absorption)

(f)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U-233 (fast lung absorption)

(d)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U-233

(medium lung absorption)

(e)

1.0X10

2.7X10 -9

1.0X10

2.7X10 -6

U-233 (slow lung absorption)

(f)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -6

U-234 (fast lung absorption)

(d)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U-234

(medium lung absorption)

(e)

1.0X10

2.7X10 -9

1.0X10

2.7X10 -6

U-234 (slow lung absorption)

(f)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -6

U-235 (all lung absorption types)

(b),(d),(e),(f)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U-236 (fast lung absorption)

(d)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U-236

(medium lung absorption)

(e)

1.0X10

2.7X10 -9

1.0X10

2.7X10 -6

U-236 (slow lung absorption)

(f)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U-238 (all lung absorption types)

(b),(d),(e),(f)

1.0X10

2.7X10 -10

1.0X10

2.7X10 -7

U (nat) (b) 1.0 2.7X10 -11 1.0X10 2.7X10 -8 U (enriched to 20% or less) (g)

1.0 2.7X10 -11

1.0X10

2.7X10 -8

U (dep) 1.0 2.7X10 -11 1.0X10 2.7X10 -8 V-48 Vanadium (23) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 V-49 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 W-178 Tungsten (74) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 W-181 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 W-185 1.0X10 2.7X10 -7 1.0X10 2.7X10 -4 W-187 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 W-188 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Xe-122 Xenon (54) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -2 Xe-123 1.0X10 2.7X10 -9 1.0X10 2.7X10 -2 Xe-127 1.0X10 2.7X10 -8 1.0X10 2.7X10 -6 Xe-131m 1.0X10 2.7X10 -7 1.0X10 2.7X10 -7 Xe-133 1.0X10 2.7X10 -8 1.0X10 2.7X10 -7 Xe-135 1.0X10 2.7X10 -8 1.0X10 2.7X10 -1 Y-87 Yttrium (39) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Y-88 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Y-90 1.0X10 2.7X10 -8 1.0X10 2.7X10 -6 Y-91 1.0X10 2.7X10 -8 1.0X10 2.7X10 -5 Y-91m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Y-92 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Y-93 1.0X10 2.7X10 -9 1.0X10 2.7X10 -6 Yb-169 Ytterbium (70) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -4 Yb-175 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Zn-65 Zinc (30) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Zn-69 1.0X10 2.7X10 -7 1.0X10 2.7X10 -5 Zn-69m 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Zr-88 Zirconium (40) 1.0X10 2.7X10 -9 1.0X10 2.7X10 -5 Zr-93 (b) 1.0X10 2.7X10 -8 1.0X10 2.7X10 -4 Zr-95 1.0X10 2.7X10 -10 1.0X10 2.7X10 -5 Zr-97 (b) 1.0X10 2.7X10 -10 1.0X10 2.7X10 -6 a [Reserved] b Parent nuclides and their progeny included in secular equilibrium are listed in the following:

Sr-90 Y-90 Zr-93 Nb-93m Zr-97 Nb-97 Ru-106 Rh-106 Ag-108m Ag-108 Cs-137 Ba-137m Ce-144 Pr-144 Ba-140 La-140 Bi-212 Tl-208 (0.36), Po-212 (0.64)

Pb-210 Bi-210, Po-210 Pb-212 Bi-212, Tl-208 (0.36), Po-212 (0.64)

Rn-222 Po-218, Pb-214, Bi-214, Po-214 Ra-223 Rn-219, Po-215, Pb-211, Bi-211, Tl-207 Ra-224 Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)

Ra-226 Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210 Ra-228 Ac-228 Th-228 Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)

Th-229 Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209 Th-nat Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)

Th-234 Pa-234m U-230 Th-226, Ra-222, Rn-218, Po-214 U-232 Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)

U-235 Th-231 U-238 Th-234, Pa-234m U-nat Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210 Np-237 Pa-233 Am-242m Am-242 Am-243 Np-239 c [Reserved] d These values apply only to compounds of uranium that take the chemical form of UF , UO F and UO (NO ) in both normal and accident conditions of transport. e These values apply only to compounds of uranium that take the chemical form of UO , UF , UCl and hexavalent compounds in both normal and accident conditions of transport. f These values apply to all compounds of uranium other than those specified in notes (d) and (e) of this table. g These values apply to unirradiated uranium only.

TABLE A-3—GENERAL VALUES FOR A

AND A

Contents A A Activity concentration for exempt material (Bq/g)

Activity concentration for exempt material (Ci/g)

Activity limits for exempt consignments (Bq)

Activity limits for exempt consignments (Ci)

(TBq) (Ci) (TBq) (Ci)

Only beta or gamma emitting radionuclides are known to be present 1 x 10 -1 2.7 x 10 2 x 10 -2 5.4 x 10 -1 1 x 10 2.7 x10 -10 1 x 10 2.7 x10 -7 Only alpha emitting radionuclides, but no neutron emitters, are known to be present a 2 x 10 -1 5.4 x 10 9 x 10 -5 2.4 x 10 -3 1 x 10 -1 2.7 x10 -12 1 x 10 2.7 x10 -8 Neutron emitting nuclides are known to be present or no relevant data are available 1 x 10 -3 2.7 x 10 -2 9 x 10 -5 2.4 x 10 -3 1 x 10 -1 2.7 x 10 -12 1 x 10 2.7 x 10 -8 a If beta or gamma emitting nuclides are known to be present, the A1 value of 0.1 TBg (2.7 Ci) should be used.

TABLE A-4—ACTIVITY-MASS RELATIONSHIPS FOR URANIUM

Uranium Enrichment wt % U-235 present Specific Activity TBq/g Ci/g 0.45 1.8 x 10 -8 5.0 x 10 -7 0.72 2.6 x 10 -8 7.1 x 10 -7 1 2.8 x 10 -8 7.6 x 10 -7 1.5 3.7 x 10 -8 1.0 x 10 -6 5 1.0 x 10 -7 2.7 x 10 -6 10 1.8 x 10 -7 4.8 x 10 -6 20 3.7 x 10 -7 1.0 x 10 -5 35 7.4 x 10 -7 2.0 x 10 -5 50 9.3 x 10 -7 2.5 x 10 -5 90 2.2 x 10 -6 5.8 x 10 -5 93 2.6 x 10 -6 7.0 x 10 -5 95 3.4 x 10 -6 9.1 x 10 -5 The figures for uranium include representative values for the activity of the uranium-234 that is concentrated during the enrichment process.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed March 3, 2015; effective June 1, 2015. Amendments filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-04-.07 , any changes in information furnished in the application submitted under subparagraph (b) of this paragraph. The report shall be furnished within 30 days after the effective date of such change.

(f) Any person using radioactive material pursuant to this general license is exempt from the requirements of Chapter 0400-20-05 with respect to radioactive materials covered by this general license, except that such person using the Mock Iodine-125 described in part (a)8 of this paragraph shall comply with the provisions of Rules 0400-20-05- .120, 0400-20-05-.140, and 0400-20-05-.141.

(8) Self luminous products containing radium-226 (a) A general license is hereby issued to any person to acquire, receive, possess, use, or transfer, in accordance with the provisions of subparagraphs (b) through (d) of this paragraph, radium-226 contained in the following products manufactured prior to December 8, 2011.

Antiquities originally intended for use by the general public.

For the purposes of this paragraph, antiquities mean products originally intended for use by the general public and distributed in the late 19th and early 20th centuries, such as radium emanator jars, revigators, radium water jars, radon generators, refrigerator cards, radium bath salts, and healing pads.

Intact timepieces containing greater than 0.037 MBq (1 μCi), nonintact timepieces, and timepiece hands and dials no longer installed in timepieces.
Luminous items installed in air, marine, or land vehicles.
All other luminous products provided that no more than 100 items are used or stored at the same location at any one time.
Small radium sources containing no more than 0.037 MBq (1 μCi) of radium-226.

For the purposes of this paragraph, “small radium sources” means discrete survey instrument check sources, sources contained in radiation measuring instruments, sources used in educational demonstrations (such as cloud chambers and spinthariscopes), electron tubes, lightning rods, ionization sources, static eliminators, or as designated by the NRC.

(b) Persons who acquire, receive, possess, use, or transfer byproduct material under the general license issued in subparagraph (a) of this paragraph are exempt from the provisions of Chapters 0400-20-04 and 0400-20-05, and Rule 0400-20-10-.26, to the extent that the receipt, possession, use, or transfer of byproduct material is within the terms of the general license; provided, however, that this exemption shall not be deemed to apply to any such person specifically licensed under this Chapter.

(c) Any person who acquires, receives, possesses, uses, or transfers byproduct material in accordance with the general license in subparagraph (a) of this paragraph shall:

Notify the Division should there be any indication of possible damage to the product so that it appears it could result in a loss of the radioactive material (a report containing a brief description of the event, and the remedial action taken, must be furnished to the Division at the address listed in Rule 0400-20-04-.07 within 30 days);
Not abandon products containing radium-226 (the product, and any radioactive material from the product, may only be disposed of according to Rule 0400-20- 05-.127 or by transfer to a person authorized by a specific license to receive the radium-226 in the product or as otherwise approved by the NRC or an Agreement State;
Not export products containing radium-226 except in accordance with 10 CFR

Part 110;

Dispose of products containing radium-226 at a disposal facility authorized to dispose of radioactive material in accordance with any Federal or State solid or hazardous waste law, including the Solid Waste Disposal Act, as authorized under the Energy Policy Act of 2005, by transfer to a person authorized to receive radium-226 by a specific license issued under this Chapter, or equivalent regulations of the NRC or an Agreement State, or as otherwise approved by the NRC or an Agreement State; and 5. Respond to written requests from the Division to provide information relating to the general license within 30 calendar days of the date of the request, or other time specified in the request. If the general licensee cannot provide the requested information within the allotted time, it shall, within that same time period, request a longer period to supply the information by providing the Division, by an appropriate method listed in 10 CFR 30.6(a), a written justification for the request.

(d) The general license in subparagraph (a) of this paragraph does not authorize the manufacture, assembly, disassembly, repair, or import of products containing radium- 226, except that timepieces may be disassembled and repaired.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017.

Tenn. Comp. R. & Regs. 0400-20-05-.140 and 0400-20- 05-.141.

A copy of 10 CFR §§ 31.2, 30.51, 20.2201, and 20.2202 or the Agreement State or Licensing State regulations equivalent to these NRC regulations.

A list of services that may only be performed by a specific licensee;
Information on acceptable disposal options including estimated costs of disposal;
A statement that regulatory agencies may issue citations and civil penalties for improper disposal; and 6. The name or title, address, and phone number of the person at the appropriate regulatory agency from whom additional information may be obtained.

(e) An alternative approach to informing customers may be proposed by the licensee for approval by the Division.

(f) Each device that is transferred on May 26, 2008 or later shall meet the labeling requirements in parts (a)2, 3, and 4 of this paragraph.

(g) 1. Each person licensed under this paragraph to distribute devices to generally licensed persons shall:

(i) Report to the Division, at its offices located at the address in Rule 0400-20- 04-.07, all transfers of such devices to persons for use under the general license in paragraph (2) of Rule 0400-20-10-.10.

(ii) Report to the U.S. Nuclear Regulatory Commission all transfers of such devices to persons for use under the U.S. Nuclear Regulatory Commission general license in Section 31.5 of 10 CFR Part 31.

(iii) Report to the responsible Agreement or Licensing State agency all transfers of devices manufactured and distributed pursuant to this paragraph for use under a general license in that state’s regulations equivalent to paragraph (2) of Rule 0400-20-10-.10.

Reports required by subparts 1(i), (ii) and (iii) of this subparagraph shall identify:

(i) Each general licensee by name and mailing address for the location of use; if there is no mailing address for the location of use, an alternate address for the general licensee shall be submitted along with information on the actual location of use;

(ii) The name, title and phone number of the person identified by the general licensee as having knowledge of and authority to take required actions to ensure compliance with the appropriate regulations and requirements;

(iii) The date of transfer;

(iv) The type, model number and serial number of the device transferred; and (v) The quantity and type of radioactive material contained in the device.

If one or more intermediate persons will temporarily possess the device at the intended place of use prior to its possession by the user, the report shall include the same information for both the intended user and each intermediate person, and clearly designate the intermediate person(s).
For devices received from a general licensee, the report shall include the identity of the general licensee by name and address, the type, model number and serial number of the device received, the date of receipt, and, in the case of devices not initially transferred by the reporting licensee, the name of the manufacturer or initial transferor.
If the licensee makes changes to a device possessed by a general licensee, such that the label must be changed to update required information, the report shall identify the general licensee, the device, and the changes to information on the device label.
(i) The report shall cover each calendar quarter, shall be filed within 30 days of the end of the calendar quarter, and shall clearly indicate the period covered by the report.

(ii) The report shall clearly identify the specific licensee submitting the report and include the license number of the specific licensee.

(iii) If no transfers have been made to or from persons generally licensed under paragraph (2) of Rule 0400-20-10-.10 during the reporting period, the report shall so indicate.

(h) Each person licensed under this paragraph to distribute devices to generally licensed persons shall keep records showing the name, address of use, and responsible individual for each general licensee to whom he directly or through an intermediate person transfers radioactive material in devices for use pursuant to the general license provided in paragraph (2) of Rule 0400-20-10-.10 or equivalent regulations of the U.S.

Nuclear Regulatory Commission, an Agreement State or a Licensing State. The records shall show the date of each transfer, the model number, serial number and the isotope and quantity of radioactivity in each device transferred, the identity of any intermediate person(s), and compliance with the report requirements of subparagraph (g) of this paragraph. The records required by this subparagraph shall be maintained for a period of 3 years from the date of the recorded event.

(6) The use of sealed sources in industrial radiography.

In addition to the requirements set forth in Rule 0400-20-10-.12, a specific license for use of sealed sources in industrial radiography will be issued only if:

(a) The applicant will have a program for training radiographers and radiographer’s assistants and submits to the Division for approval a schedule or description of such program which specifies the:

Initial training:

(i) This initial training will consist of a complete training program as outlined in

Rule 0400-20-08-.07; or (ii) Résumés of prior training and experience of individuals that show fulfillment of the requirements of subparagraphs (7)(a) and (b) of Rule

Tenn. Comp. R. & Regs. 0400-20-08-.07 and the program for the initial training of such individuals in the licensee’s or registrant’s specific industrial radiography program as outlined in subparagraphs (7)(c), (d) and (e) of Rule 0400-20-08-.07;

Periodic training;
On-the-job training;
Means to be used by the applicant to determine the radiographer’s knowledge and understanding of and ability to comply with Division regulations and licensing requirements and the operating and emergency procedures of the applicant; and 5. Means to be used by the applicant to determine the radiographer’s assistant’s knowledge and understanding of and ability to comply with the operating and emergency procedures of the applicant;

(b) The applicant has established and submits to the Division for approval written operating and emergency procedures as described in paragraph (2) of Rule 0400-20- 08-.05;

(c) The applicant will have an internal inspection system to assure that Division regulations, license provisions, and the applicant’s operating and emergency procedures are followed by radiographers and radiographer’s assistants; the inspection system shall include the performance of internal inspections at intervals not to exceed 3 months and the retention of records of such inspections for inspection by the Division.

(d) The applicant submits to the Division a description of his overall organizational structure pertaining to the radiography program, including specified delegations of

authority and responsibility for operation of the program; and (e) The applicant who desires to conduct his own leak tests must establish procedures to be followed in testing sealed sources for possible leakage and contamination and submit to the Division for approval a description of such procedures including:

Instrumentation to be used;
Method of performing tests, e.g., points on equipment to be smeared and method of taking smear; and 3. Pertinent experience of the person who will perform the test.

(7) Multiple quantities or types of radioactive material for use in processing.

In addition to the requirements set forth in Rule 0400-20-10-.12, a specific license for multiple quantities or types of radioactive material for use in processing for distribution to other authorized persons will be issued only if :

(a) The applicant’s staff has experience in the use of radioisotopes for processing and distribution; and (b) The applicant has appointed a radiological safety officer who will advise and assist on radiological safety problems.

(8) Introduction of radioactive material into products in exempt concentrations.

In addition to the requirements set forth in Rule 0400-20-10-.12, a specific license authorizing the introduction of radioactive material into a product or material owned by or in the possession of the licensee or another to be transferred to persons exempt under subparagraph (1)(a) of Rule 0400-20-10-.04 will be issued only if:

Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing by product material whose subsequent possession, use, transfer, and disposal by all other persons are exempted from regulatory requirements may be obtained only from the U.S. Nuclear Regulatory Commission, Washington, DC 20555.

(a) The applicant submits a description of the product or material into which the radioactive material will be introduced, intended use of the radioactive material and the product or material into which it is introduced, method of introduction, initial concentration of the radioactive material in the product or material, control methods to assure that no more than the specified concentration is introduced into the product or material, estimated time interval between introduction and transfer of the product or material and estimated concentration of the radioactive material in the product or material at the time of transfer; and (b) The applicant provides assurance that the concentrations of radioactive material at the time of transfer will not exceed the concentrations in Schedule RHS 8-4, that reconcentration of the radioactive material in concentrations exceeding those in Schedule RHS 8-4 is not likely, that lower concentrations cannot be used, and that the product or material is not likely to be incorporated in any food, beverage, cosmetic, drug, or other commodity or product designed for ingestion or inhalation by, or application to, a human being. Each person licensed under this paragraph, shall file an annual report with the Division which shall identify the type and quantity of each product or material into which radioactive material has been introduced during the reporting period, name and address of the person who owns or possesses the product or material into which radioactive material has been introduced at the time of introduction, the type and quantity of radioactive material introduced into each product or material, and the initial concentrations of radioactive material in the product or material at the tie of transfer of the radioactive material by the licensee. If no transfers of radioactive material have been made pursuant to this paragraph during the reporting period, the report shall so indicate. The report shall be submitted within 30 days after the end of each calendar year.

(9) Radioactive material in luminous safety devices for use in aircraft.

In addition to the requirements set forth in Rule 0400-20-10-.12, a specific license to manufacture, assemble, repair, or distribute to persons generally licensed under paragraph (3) of Rule 0400-20-10-.10 luminous safety devices containing radioactive materials for use in aircraft will be issued only if the requirements of Sections 32.53, 32.54, 32.55, 32.56 and 32.101 of 10 CFR Part 32 or their equivalent are met.

(10) Manufacture, preparation, or transfer for commercial distribution of radiopharmaceuticals containing radioactive material for medical use.

(a) An application for a specific license to manufacture, prepare, or transfer for commercial distribution radiopharmaceuticals containing radioactive material for use by persons authorized pursuant to Chapter 0400-20-07 will be approved if:

The applicant satisfies the general requirements of Rule 0400-20-10-.12;
The applicant submits evidence that the applicant is at least one of the following:

(i) Registered or licensed with the U.S. Food and Drug Administration (FDA) as the owner or operator of a drug establishment that engages in the manufacture, preparation, propagation, compounding, or processing of a drug under 21 C.F.R. § 207.17(a);

(ii) Registered or licensed with a state agency as a drug manufacturer;

(iii) Licensed as a pharmacy by the Tennessee Board of Pharmacy;

(iv) Operating as a nuclear pharmacy within a Federal medical institution; or (v) A Positron Emission Tomography (PET) drug production facility registered with a state agency.

The applicant submits information on the radionuclide; chemical and physical form; packaging including maximum activity per vial, syringe, generator, or other container of the radioactive drug; and shielding provided by the packaging of the radioactive material for safe handling and storage of radiopharmaceuticals by medical use licensees; and 4. The applicant commits to the following labeling requirements:

(i) A label is affixed to each transport radiation shield, whether it is constructed of lead, glass, plastic, or other material, of a radioactive drug to be transferred for commercial distribution. The label shall include the radiation symbol and the words “CAUTION, RADIOACTIVE MATERIAL” or “DANGER, RADIOACTIVE MATERIAL”; the name of the radioactive drug or its abbreviation; and the quantity of radioactivity at a specified date and time. For radioactive drugs with a half-life greater than 100 days, the time may be omitted.

(ii) A label is affixed to each syringe, vial or other container used to hold a radioactive drug to be transferred for commercial distribution. The label shall include the radiation symbol and the words “CAUTION, RADIOACTIVE MATERIAL” or “DANGER, RADIOACTIVE MATERIAL” and an identifier ensures that the syringe, vial, or other container can be correlated with the information on the transport radiation shield label.

(b) A licensee described by subpart (a)2(iii) of this paragraph:

May prepare radiopharmaceuticals for medical use, as defined in Rule 0400-20- 07-.05, provided that the radiopharmaceuticals are prepared by either an authorized nuclear pharmacist, as specified in parts 2 and 4 of this subparagraph, or an individual under the supervision of an authorized nuclear pharmacist as specified in Rule 0400-20-07-.19.
May allow a pharmacist to work as an authorized nuclear pharmacist if:

(i) This individual qualifies as an authorized nuclear pharmacist as defined in

Rule 0400-20-07-.05;

(ii) This individual meets the requirements specified in paragraph (2) of Rule

Tenn. Comp. R. & Regs. 0400-20-07-.25 and Rule 0400-20-07-.27, and the licensee has received an approved license amendment identifying this individual as an authorized nuclear pharmacist; or (iii) This individual is designated as an authorized nuclear pharmacist in accordance with part 4 of this subparagraph.

May take the actions authorized in parts 1 and 2 of this subparagraph notwithstanding more restrictive language in license conditions.
May designate a pharmacist (as defined in Rule 0400-20-07-.05) as an authorized nuclear pharmacist if the individual was a nuclear pharmacist at a Government agency or Federally recognized Indian Tribe before November 30, 2007, or at all other pharmacies before August 8, 2009, or an earlier date as noticed by the U.S. Nuclear Regulatory Commission.
Shall provide to the Division a copy of each individual’s:

(i) Certification by a specialty board whose certification process has been recognized by the Division, U.S. Nuclear Regulatory Commission, or an Agreement State as specified in paragraph (1) of Rule 0400-20-07-.25; or (ii) The Division, U.S. Nuclear Regulatory Commission, or other Agreement State license; or (iii) U.S. Nuclear Regulatory Commission master materials licensee permit; or (iv) The permit issued by a licensee or U.S. Nuclear Regulatory Commission master materials permittee of broad scope or the authorization from a commercial nuclear pharmacy authorized to list its own authorization nuclear pharmacist; or (v) Documentation that only accelerator-produced radioactive materials were used in the practice of nuclear pharmacy at a Government agency or Federally recognized Indian Tribe before November 30, 2007, or at all other locations of use before August 8, 2009, or an earlier date as noticed by the U.S. Nuclear Regulatory Commission; and (vi) A copy of the state pharmacy licensure or registration no later than 30 days after the date that the licensee allows the individual to work as an authorized nuclear pharmacist under subparts 2(i) and (ii) of this subparagraph.

(c) A licensee shall possess and use instrumentation to measure the radioactivity of radioactive drugs. The licensee shall have procedures for use of the instrumentation.

The licensee shall measure by direct measurement or by combination of measurements and calculations the amount of radioactivity in dosages of alpha-, beta-, or photon-emitting radioactive drugs before transfer for commercial distribution. In addition, the licensee shall:

Perform tests before initial use, periodically and following repair on each instrument for accuracy, linearity, and geometry dependence, as appropriate for the use of the instrument, and make adjustments when necessary; and 2. Check each instrument for constancy and proper operation at the beginning of each day of use.

(d) A licensee shall satisfy the labeling requirements of part (a)4 of this paragraph.

(e) Nothing in this rule relieves the licensee from complying with applicable FDA, other federal, and other state requirements governing radioactive drugs.

(11) Manufacture and distribution of generators or reagent kits for preparation of radiopharmaceuticals containing radioactive material. In addition to the requirements set forth in Rule 0400-20-10-.12, a specific license to manufacture and distribute generators or reagent kits containing radioactive material for preparation of radiopharmaceuticals by persons licensed pursuant to Chapter 0400-20-07 will be issued only if :

Although the Department does not regulate the manufacture and distribution of reagent kits that do not contain radioactive material, it (a) The requested site for manufacture and/or distribution of generators or reagent kits is located within this State;

(b) The applicant submits evidence that:

The generator or reagent kit is to be manufactured, labeled and packaged in accordance with the Federal Food, Drug and Cosmetic Act or the Public Health Service Act, such as a new drug application (NDA) approved by the United States Food and Drug Administration (FDA), a biologic product license issued by FDA or a “Notice of Claimed Investigational Exemption for a New Drug” (IND) accepted by FDA; or 2. The manufacture and distribution of the generator or reagent kit are not subject to the Federal Food, Drug and Cosmetic Act and the Public Health Service Act;

(c) The applicant submits information on the radionuclide, chemical and physical form, packaging including maximum activity per package, and shielding provided by the packaging of the radioactive material contained in the generator or reagent kit;

(d) The label affixed to the generator or reagent kit contains information on the radionuclide, quantity and date of assay;

(e) The label affixed to the generator or reagent kit, or the leaflet or brochure which accompanies the generator or reagent kit, contains:

Information, from a radiation safety standpoint, on the procedures to be followed and the equipment and shielding to be used in eluting the generator or processing radioactive material with the reagent kit; and 2. A statement that this generator or reagent kit, as appropriate, is approved for use by persons licensed by the Division pursuant to Chapter 0400-20-07 of these rules, or under equivalent licenses of the U.S. Nuclear Regulatory Commission, an Agreement State or a Licensing State; and (f) The labels, leaflets or brochures required by subparagraphs (d) and (e) of this paragraph are in addition to the labeling required by the FDA and they may be separate from or, with the approval of FDA, may be combined with the labeling required by FDA.

(12) Manufacture and distribution of sources or devices containing radioactive material for medical uses.

(a) In addition to the requirements set forth in Rule 0400-20-10-.12, an application for a specific license to manufacture and distribute sources and devices containing radioactive material to persons licensed under Chapter 0400-20-07 of these rules for use as a calibration, transmission, or reference source or for the uses listed in Rules

Tenn. Comp. R. & Regs. 0400-20-07-.51 , 0400-20-07-.61, 0400-20-07-.63, and 0400-20-07-.81 will be approved if:

The applicant satisfies the general requirements in Rule 0400-20-10-.12. does regulate the use of such reagent kits for the preparation of radiopharmaceuticals containing radioactive material as part of its licensing and regulation of the users of radioactive material. Any manufacturer of reagent kits that do not contain radioactive material who desires to have reagent kits approved by the Department for use by persons licensed pursuant to Chapter 0400-20-07 may submit the pertinent information specified in this paragraph.
The applicant submits information regarding each type of source or device pertinent to an evaluation of its radiation safety, including:

(i) The radioactive material contained, its chemical and physical form and amount;

(ii) Details of design and construction of the source or device;

(iii) Procedures for, and results of, prototype tests to demonstrate that the source or device will maintain its integrity under stresses likely to be encountered;

(iv) For devices containing radioactive material, the radiation profile of a prototype device;

(v) Details of quality control procedures to assure that production sources and devices meet the standards of the design and prototype tests;

(vi) Procedures and standards for calibrating sources and devices;

(vii) Legend and methods for labeling sources and devices as to their radioactive content; and (viii) Instructions for handling and storing the source or device for radiation safety; these instructions are to be included on a durable label attached to the source or device or attached to a permanent storage container for the source or device; provided that instructions which are too lengthy for such label may be summarized on the label and printed in detail on a brochure which is referenced on the label;

The label affixed to the source or device, or to the permanent storage container for the source or device, contains information on the radionuclide, quantity, and date of assay, and a statement that the Division has approved distribution of the (name of the source or device) to persons licensed to use radioactive material identified in Rules 0400-20-07-.31, 0400-20-07-.51, 0400-20-07-.61, and 0400- 20-07-.63 as appropriate, and to persons who hold an equivalent license issued by the U.S. NRC or an Agreement State.
The course or device has been registered in the Sealed Source and Device Registry.

(b) In the event the applicant desires that the source or device be required to be tested for leakage of radioactive material at intervals longer than 6 months, the applicant shall include in his application information to demonstrate that such longer interval is justified by performance characteristics of the source or device or similar sources or devices and by design features that have a significant bearing on the probability or consequences of leakage of radioactive material from the source. In determining the acceptable interval for test of leakage of radioactive material, the Division will consider information that includes, but is not limited to:

Primary containment (source capsule);
Protection of primary containment;
Method of sealing containment;
Containment construction materials;
Form of contained radioactive material;
Maximum temperature withstood during prototype tests;
Maximum pressure withstood during prototype tests;
Maximum quantity of contained radioactive material;
Radiotoxicity of contained radioactive material; and 10. Operating experience with identical sources or devices or similarly designed and constructed devices;

(13) Manufacture and distribution of radioactive material for certain in vitro clinical or laboratory testing under general license.

In addition to the requirements set forth in Rule 0400-20-10-.12, a specific license to manufacture or distribute radioactive material for use under the general license of paragraph (7) of Rule 0400-20-10-.10 will be issued only if:

(a) The radioactive material is to be prepared for distribution in prepackaged units of:

Iodine-125 in units not exceeding 10 microcuries each.
Iodine-131 in units not exceeding 10 microcuries each.
Carbon-14 in units not exceeding 10 microcuries each.
Hydrogen-3 (tritium) in units not exceeding 50 microcuries each.
Iron-59 in units not exceeding 20 microcuries each.
Cobalt-57 in units not exceeding 10 microcuries each.
Selenium-75 in units not exceeding 10 microcuries each.
Mock Iodine-125 in units not exceeding 0.05 microcurie of iodine-129 and 0.005 microcurie of americium-241 each.

(b) Each prepackaged unit bears a durable, clearly visible label:

Identifying the radioactive contents as to chemical form and radionuclide, and indicating that the amount of radioactivity does not exceed 10 microcuries of iodine-131, iodine-125, cobalt-57, selenium-75, or carbon-14; 50 microcuries of hydrogen-3 (tritium); 20 microcuries of iron-59; or Mock Iodine-125 in units not exceeding 0.05 microcurie of iodine-129 and 0.005 microcurie of americium-241 each; and 2. Displaying the radiation caution symbol described in Rule 0400-20-05-.110 and the words, “Caution, Radioactive Material” and “Not for Internal or External Use in Humans or Animals.”

(c) The following statement or a substantially similar statement which contains the information called for in the following statement, appears on a label affixed to each prepackaged unit or appears in a leaflet or brochure which accompanies the package::

This radioactive material may be received, acquired, possessed and used only by physicians, veterinarians in the practice of veterinary medicine, clinical laboratories or hospitals and only for “in vitro” clinical or laboratory tests not involving internal or external administration of the material, or the radiation there from, to human beings or animals. Its receipt, acquisition, possession, use and transfer are subject to the regulations and a general license of the U.S. Nuclear Regulatory Commission or of a state with which the Commission has entered into an agreement for the exercise of regulatory authority. ________________________________________________________________ (Name of Manufacturer)

(d) The label affixed to the unit, or the leaflet or brochure which accompanies the package, contains adequate information as to the precautions to be observed in handling and storing such radioactive material. In the case of the Mock Iodine-125 reference or calibration source, the information accompanying the source must also contain directions to the licensee regarding the waste disposal requirements set out in Rule

Tenn. Comp. R. & Regs. 0400-20-05-.120 .

(14) Distribution of radioactive material in exempt quantities .

(a) An application for a specific license to distribute NARM to persons exempt from these rules pursuant to paragraph (3) of Rule 0400-20-10-.04 will be approved if:

The radioactive material is not contained in any food, beverage, cosmetic, drug, or other commodity designed for ingestion or inhalation by, or application to, a human being;
The radioactive material is in the form of processed chemical elements, compounds, or mixtures, tissue samples, bioassay samples, counting standards, plated or encapsulated sources, or similar substances, identified as radioactive and to be used for its radioactive properties, but is not incorporated into any manufactured or assembled commodity, product, or device intended for commercial distribution; and 3. The applicant submits copies of prototype labels and brochures and the Division approves such labels and brochures.

(b) The license issued under subparagraph (a) of this paragraph is subject to the following conditions:

No more than 10 exempt quantities shall be sold or transferred in any single transaction. However, an exempt quantity may be composed of fractional parts of one or more of the exempt quantity provided the sum of the fractions shall not exceed unity.
Each exempt quantity shall be separately and individually packaged. No more that 10 such packaged exempt quantities shall be contained in any outer package for transfer to persons exempt pursuant to paragraph (3) of Rule 0400- See footnote 2 of this Chapter. 20-10-.04. The outer package shall be such that the dose rate at the external surface of the package does not exceed 0.5 millirem per hour.
The immediate container of each quantity or separately packaged fractional quantity of radioactive material shall bear a durable, legible label which (i) Identifies the radionuclide and the quantity of radioactivity; and (ii) Bears the words “Radioactive Material.”
In addition to the labeling information required by part 3 of this subparagraph, the label affixed to the immediate container, or an accompanying brochure, shall:

(i) State that the contents are exempt from Licensing State requirements;

(ii) Bear the words “Radioactive Material - Not for Human Use - Incorporation into Foods, Beverages, Cosmetics, Drugs, or Medicinals, or into Products Manufactured for Commercial Distribution is Prohibited - Exempt Quantities Should Not Be Combined”; and (iii) Set forth appropriate additional radiation safety precautions and instructions relating to the handling, use, storage and disposal of the radioactive material.

(c) Each person licensed under this paragraph shall maintain records identifying, by name and address, each person to whom radioactive material is transferred for use under paragraph (3) of Rule 0400-20-10-.04 or the equivalent regulations of a Licensing State, and stating the kinds and quantities of radioactive material transferred. An annual summary report stating the total quantity of each radionuclide transferred under the specific license shall be filed with the Division. Each report shall cover the year ending June 30, and shall be filed within 30 days thereafter. If no transfers of radioactive material have been made pursuant to this paragraph during the reporting period, the report shall so indicate.

(15) Special requirements for license to manufacture or initially transfer calibration sources containing americium-241, or radium-226 for distribution to persons generally licensed under paragraph (4) of Rule 0400-20-10-.10.

(a) An application for a specific license to manufacture or initially transfer calibration or reference sources containing americium-241, or radium-226 for distribution to persons generally licensed under paragraph (4) of Rule 0400-20-10-.10 will be approved if:

The applicant satisfies the general requirement of Rule 0400-20-10-.12; and 2. The applicant submits sufficient information regarding each type of calibration or reference source pertinent to evaluation of the potential radiation exposure, including:

(i) Chemical and physical form and maximum quantity of americium 241, or radium-226 in the source;

(ii) Details of construction and design;

(iii) Details of the method of incorporation and binding of the americium-241, or radium-226 in the source;

(iv) Procedures for and results of prototype testing of sources, which are designed to contain more than 185 Bq (0.005 μCi) of americium-241, or radium-226, to demonstrate that the americium-241, or radium-226 contained in each source will not be released or be removed from the source under normal conditions of use;

(v) Details of quality control procedures to be followed in manufacture of the source;

(vi) Description of labeling to be affixed to the source or the storage container for the source; and (vii) Any additional information, including experimental studies and tests, required by the Division to facilitate a determination of the safety of the source.

Each source will contain no more than 185 kBq (5 μCi) of americium-241, or radium-226.
The Division determines, with respect to any type of source containing more than 185 Bq (0.005 μCi) of americium-241, or radium-226, that:

(i) The method of incorporation and binding of the americium-241, or radium- 226 in the source is such that the americium-241, or radium-226 will not be released or be removed from the source under normal conditions of use and handling of the source; and (ii) The source has been subjected to and has satisfactorily passed appropriate tests prescribed by part 5 of this subparagraph.

The applicant shall subject at least five prototypes of each source that is designed to contain more than 0.185 kilobecquerel (0.005 microcurie) of americium-241 or radium-226 to tests as follows:

(i) The initial quantity of radioactive material deposited on each source is measured by direct counting of the source.

(ii) The sources are subjected to tests that adequately take into account the individual, aggregate, and cumulative effects of environmental conditions expected in service that could adversely affect the effective containment or binding of americium-241 or radium-226, such as physical handling, moisture, and water immersion.

(iii) The sources are inspected for evidence of physical damage and for loss of americium-241 or radium-226, after each stage of testing, using methods of inspection adequate for determining compliance with the criteria in

subpart (iv) of this part.

(iv) Source designs are rejected for which the following has been detected for any unit: Removal of more than 0.185 kilobecquerel (0.005 microcurie) of americium-241 or radium-226 from the source or any other evidence of physical damage.

(b) Reserved.

Each person licensed under subparagraph (a) of this paragraph shall affix to each source, or storage container for the source, a label which shall contain sufficient information relative to safe use and storage of the source and shall include the following statement or a substantially similar statement which contains the information called for in the following statement:

The receipt, possession, use and transfer of this source, Model ____________, Serial No. ___________, are subject to a general license and the regulations of the NRC or an Agreement State. Do not remove this label.

CAUTION—RADIOACTIVE MATERIAL—

THIS SOURCE CONTAINS AMERICIUM-241 [OR RADIUM-226].

DO NOT TOUCH RADIOACTIVE PORTION OF THIS SOURCE. _________________________________

Name of manufacturer or initial transferor (d) Leak testing of each source. Each person licensed under subparagraph (a) of this paragraph shall perform a dry wipe test upon each source containing more than 3.7 kBq (0.1 μCi) of americium-241, or radium 226 prior to transferring the source to a general licensee under paragraph (4) of Rule 0400-20-10-.10. This test must be performed by wiping the entire radioactive surface of the source with a filter paper with the application of moderate finger pressure. The radioactivity on the filter paper must be measured by using methods capable of detecting 185 Bq (0.005 μCi) of americium- 241, or radium-226. If a source has been shown to be leaking or losing more than 185 Bq (0.005 μCi) of americium-241 or radium-226 by the methods described in this subparagraph, the source must be rejected and must not be transferred to a general licensee under paragraph (4) of Rule 0400-20-10-.10 or equivalent regulations of the NRC or an Agreement State.

(16) Reserved.

(17) Ice detection devices containing strontium-90; requirements for license to manufacture or initially transfer; quality assurance; prohibition of transfer.

(a) An application for a specific license to manufacture or initially transfer ice detection devices containing strontium-90 for distribution to persons generally licensed under

Rule 0400-20-10-.10 will be approved if:

The applicant satisfies the general requirements specified in Rule 0400-20-10- .12;
The applicant submits sufficient information regarding each type of device pertinent to evaluation of the potential radiation exposure, including:

(i) Chemical and physical form and maximum quantity of strontium-90 in the device;

(ii) Details of construction and design of the source of radiation and its shielding;

(iii) Radiation profile of a prototype device;

(iv) Procedures for and results of prototype testing of devices to demonstrate that the strontium-90 contained in each device will not be released or be removed from the device under the most severe conditions likely to be encountered in normal handling and use;

(v) Details of quality control procedures to be followed in manufacture of the device;

(vi) Description of labeling to be affixed to the device;

(vii) Instructions for handling and installation of the device;

(viii) Any additional information, including experimental studies and tests, required by the Division to facilitate a determination of the safety of the device;

Each device will contain no more than 50 microcuries of strontium-90 in an insoluble form;
Each device will bear durable, legible labeling which includes the radiation caution symbol prescribed by Rule 0400-20-05-.110, a statement that the device contains strontium-90 and the quantity thereof, instructions for disposal and statements that the device may be possessed pursuant to a general license, that the manufacturer or civil authorities should be notified if the device is found, that removal of the labeling is prohibited and that disassembly and repair of the device may be performed only by a person holding a specific license to manufacture or service such devices;
The Division determines that:

(i) The method of incorporation and binding of the strontium-90 in the device is such that the strontium-90 will not be released from the device under the most severe conditions which are likely to be encountered in normal use and handling of the device;

(ii) The strontium-90 is incorporated or enclosed so as to preclude direct physical contact by any individual with it and is shielded so that no individual will receive a radiation exposure to a major portion of his body in excess of 0.5 rem in a year under ordinary circumstances of use;

(iii) The device is so designed that it cannot be easily disassembled;

(iv) Prototypes of the device have been subjected to and have satisfactorily passed the tests required by subparagraph (b) of this paragraph.

(v) Quality control procedures have been established to satisfy the requirements of subparagraph (c) of this paragraph.

The device has been registered in the Sealed Source and Device Registry.

(b) The applicant shall subject at least five prototypes of the device to tests as follows:

The devices are subjected to tests that adequately take into account the individual, aggregate, and cumulative effects of environmental conditions expected in service that could adversely affect the effective containment of strontium-90, such as temperature, moisture, absolute pressure, water immersion, vibration, shock, and weathering.
The devices are inspected for evidence of physical damage and for loss of strontium-90 after each stage of testing, using methods of inspection adequate for determining compliance with the criteria in part 3 of this subparagraph.
Device designs are rejected for which the following has been detected for any unit:

(i) A leak resulting in a loss of 0.1 percent or more of the original amount of strontium-90 from the device; or (ii) Surface contamination of strontium-90 on the device of more than 2,200 disintegrations per minute per 100 square centimeters of surface area; or (iii) Any other evidence of physical damage.

(c) 1. Each person licensed under this paragraph shall visually inspect each device and shall reject any which has an observable physical defect that could affect containment of the strontium-90.

Each person licensed under this paragraph shall test each device for possible loss of strontium-90 or for contamination by wiping with filter paper an area of at least 100 square centimeters on the outside surface of the device, or by wiping the entire surface area if it is less than 100 square centimeters. The detection on the filter paper of more than 2,200 disintegrations per minute of radioactive material per 100 square centimeters of surface wiped shall be cause for rejection of the tested device.
Each person licensed under this paragraph shall:

(i) Maintain quality assurance systems in the manufacture of the ice detection device containing strontium-90 in a manner sufficient to provide reasonable assurance that the safety-related components of the distributed devices are capable of performing their intended functions; and (ii) Subject inspection lots to acceptance sampling procedures, by procedures specified in part 4 of this subparagraph and in the license issued under this paragraph, to provide at least 95 percent confidence that the Lot Tolerance Percent Defective of 5.0 percent will not be exceeded.

Each person licensed under this paragraph shall subject each inspection lot to:

(i) Tests that adequately take into account the individual, aggregate, and cumulative effects of environmental conditions expected in service that could possibly affect the effective containment of strontium-90, such as absolute pressure and water immersion.

(ii) Inspection for evidence of physical damage, containment failure, or for loss of strontium-90 after each stage of testing, using methods of inspection adequate to determine compliance with the following criteria for defective:

A leak resulting in a loss of 0.1 percent or more of the original amount of strontium-90 from the device and any other criteria specified in the license issued under this paragraph.

No person licensed under this paragraph shall transfer to persons generally licensed under paragraph (6) of Rule 0400-20-10-.10, or under an equivalent general license of an Agreement State:

(i) Any ice detection device containing strontium-90 tested and found defective under the criteria specified in a license issued under this paragraph, unless the defective ice detection device has been repaired or reworked, retested, and determined by an independent inspector to meet the applicable acceptance criteria; or (ii) Any ice detection device containing strontium-90 contained within any lot that has been sampled and rejected as a result of the procedures in

subpart 3(ii) of this subparagraph, unless:

(I) A procedure for defining sub-lot size, independence, and additional testing procedures is contained in the license issued under this paragraph, and (II) Each individual sub-lot is sampled, tested, and accepted in accordance with subpart 3(ii) of this subparagraph and item (I) of this

subpart and any other criteria as may be required as a condition of the license issued under this paragraph.

(18) Registration of sealed source and device product information.

(a) Any manufacturer or initial distributor of a sealed source or device containing a sealed source may submit a request to the Division for evaluation of radiation safety information about its product and for its registration.

(b) The request for review must be sent to the Tennessee Division of Radiological Health at the address given in subparagraph (1)(c) of Rule 0400-20-04-.07.

(c) The request for review of a sealed source or a device must include sufficient information about the design, manufacture, prototype testing, quality control program, labeling, proposed uses and leak testing and, for a device, the request must also include sufficient information about installation, service and maintenance, operating and safety instructions, and its potential hazards, to provide reasonable assurance that the radiation safety properties of the source or device are adequate to protect health and minimize danger to life and property.

(d) The Division normally evaluates a sealed source or a device using radiation safety criteria in accepted industry standards. If these standards and criteria do not readily apply to a particular case, the Division formulates reasonable standards and criteria with the help of the manufacturer or distributor. The Division shall use criteria and standards sufficient to ensure that the radiation safety properties of the device or sealed source are adequate to protect health and minimize danger to life and property.

Rule 0400-20-10-.04 includes specific criteria that apply to certain exempt products and

Rule 0400-20-10-.10 includes specific criteria applicable to certain generally licensed devices. This rule includes specific provisions that apply to certain specifically licensed items.

(e) After completion of the evaluation, the Division issues a certificate of registration to the person making the request. The certificate of registration acknowledges the availability of the submitted information for inclusion in an application for a specific license proposing use of the product, or concerning use under an exemption from licensing or general license as applicable for the category of certificate.

(f) The person submitting the request for evaluation and registration of safety information about the product shall manufacture and distribute the product in accordance with:

The statements and representations, including quality control program, contained in the request; and 2. The provisions of the registration certificate.

(g) Authority to manufacture or initially distribute a sealed source or device to specific licensees may be provided in the license without the issuance of a certificate of registration in the following cases:

Calibration and reference sources containing no more than:

(i) 37 MBq (1 mCi), for beta and/or gamma emitting radionuclides; or (ii) 0.37 MBq (10 μCi), for alpha emitting radionuclides; or 2. The intended recipients are qualified by training and experience and have sufficient facilities and equipment to safely use and handle the requested quantity of radioactive material in any form in the case of unregistered sources or, for registered sealed sources contained in unregistered devices, are qualified by training and experience and have sufficient facilities and equipment to safely use and handle the requested quantity of radioactive material in unshielded form, as specified in their licenses; and (i) The intended recipients are licensed under paragraph (4) of this rule;

(ii) The recipients are authorized for research and development; or (iii) The sources and devices are to be built to the unique specifications of the particular recipient and contain no more than 740 GBq (20 Ci) of tritium or 7.4 GBq (200 mCi) of any other radionuclide.

(h) After the certificate is issued, the Division may conduct an additional review as it determines is necessary to ensure compliance with current regulatory standards. In conducting its review, the Division will complete its evaluation in accordance with criteria specified in this paragraph. The Division may request such additional information as it considers necessary to conduct its review and the certificate holder shall provide the information as requested.

(19) Inactivation of certificates of registration of sealed sources and devices.

(a) A certificate holder who no longer manufactures or initially transfers any of the sealed source(s) or device(s) covered by a particular certificate issued by the Division shall request inactivation of the registration certificate. Such a request must be made to the Tennessee Division of Radiological Health at the address given in subparagraph (1)(c) of Rule 0400-20-04-.07 and must normally be made no later than two years after initial distribution of all of the source(s) or device(s) covered by the certificate has ceased.

However, if the certificate holder determines that an initial transfer was in fact the last initial transfer more than two years after that transfer, the certificate holder shall request inactivation of the certificate within 90 days of this determination and briefly describe the circumstances of the delay.

(b) If a distribution license is to be terminated in accordance with Rule 0400-20-10-.17, the licensee shall request inactivation of its registration certificates associated with that distribution license before the Division will terminate the license. Such a request for inactivation of certificate(s) must indicate that the license is being terminated and include the associated specific license number.

(c) A specific license to manufacture or initially transfer a source or device covered only by an inactivated certificate no longer authorizes the licensee to initially transfer such sources or devices for use. Servicing of devices must be in accordance with any conditions in the certificate, including in the case of an inactive certificate.

(20) Emergency preparedness.

(a) Emergency preparedness for possession of radioactive material other than uranium and plutonium.

In addition to the requirements set forth in Rule 0400-20-10-.12, all specific licenses issued, or for which an initial application or an application to amend is submitted, to possess radioactive materials in unsealed form, on foils or plated sources, or sealed in glass in excess of the quantities in Table RHS 7-2 must contain either:

(i) An evaluation showing that the maximum dose to a person offsite due to a release of radioactive materials would not exceed 1 rem effective dose equivalent or 5 rems to the thyroid; or (ii) An emergency plan for responding to a release of radioactive material.

One or more of the following factors may be used to support an evaluation submitted under subpart 1(i) of this subparagraph:

(i) The radioactive material is physically separated so that only a portion could be involved in an accident;

(ii) All or part of the radioactive material is not subject to release during an accident because of the way it is stored or packaged;

(iii) The release fraction in the respirable size range would be lower than the release fraction shown in Table RHS 7-2 due to the chemical or physical form of the material;

(iv) The solubility of the radioactive material would reduce the dose received;

(v) Facility design or engineered safety features in the facility would cause the release fraction to be lower than shown in Table RHS 7-2;

(vi) Operating restrictions or procedures would prevent a release fraction as large as that shown in Table RHS 7-2; or (vii) Other factors appropriate for the specific facility.

Table RHS 7-2 Quantities of radioactive materials requiring consideration of the need for an emergency plan for responding to a release.

Radioactive material Release Quantity Radioactive material Release Quantity fraction (curies) fraction (curies)

Actinium-228 0.001 4,000 Americium-241 0.001 2 Americium-242 0.001 2 Americium-243 0.001 2 Antimony-124 0.01 4,000 Antimony-126 0.01 6,000 Barium-133 0.01 10,000 Barium-140 0.01 30,000 Bismuth-207 0.01 5,000 Bismuth-210 0.01 600 Cadmium-109 0.01 1,000 Cadmium-113 0.01 80 Calcium-45 0.01 20,000 Californium-252 0.001 9 (20 mg)

Carbon-14 0.01 50,000 Cerium-141 0.01 10,000 Cerium-144 0.01 300 Cesium-134 0.01 2,000 Cesium-137 0.01 3,000 Chlorine-36 0.5 100 Chromium-51 0.01 300,000 Cobalt-60 0.001 5,000 Copper-64 0.01 200,000 Curium-242 0.001 60 Curium-243 0.001 3 Curium-244 0.001 4 Curium-245 0.001 2 Europium-152 0.01 500 Europium-154 0.01 400 Europium-155 0.01 3,000 Germanium-68 0.01 2,000 Gadolinium-153 0.01 5,000 Gold-198 0.01 30,000 Hafnium-172 0.01 400 Hafnium-181 0.01 7,000 Holmium-166m 0.01 100 Hydrogen-3 0.5 20,000 Iodine-125 0.5 10 Iodine-131 0.5 10 Indium-114m 0.01 1,000 Iridium-192 0.001 40,000 Iron-55 0.01 40,000 Iron-59 0.01 7,000 Krypton-85 1.0 6,000,000 Lead-210 0.01 8 Manganese-56 0.01 60,000 Mercury-203 0.01 10,000 Molybdenum-99 0.01 30,000 Neptunium-237 0.001 2 Nickel-63 0.01 20,000 Niobium-94 0.01 300 Phosphorus-32 0.5 100 Phosphorus-33 0.5 1,000 Polonium-210 0.01 10 Potassium-42 0.01 9,000 Promethium-145 0.01 4,000 Promethium-147 0.01 4,000 Radium-226 0.001 100 Ruthenium-106 0.01 200 Samarium-151 0.01 4,000 Scandium-46 0.01 3,000 Selenium-75 0.01 10,000 Silver-110m 0.01 1,000 Sodium-22 0.01 9,000 Sodium-24 0.01 10,000 Strontium-89 0.01 3,000 Strontium-90 0.01 90 Sulfur-35 0.5 900 Technetium-99 0.01 10,000 Technetium-99m 0.01 400,000 Tellurium-127m 0.01 5,000 Tellurium-129m 0.01 5,000 Terbium-160 0.01 4,000 Thulium-170 0.01 4,000 Tin-113 0.01 10,000 Tin-123 0.01 3,000 Tin-126 0.01 1,000 Titanium-44 0.01 100 Vanadium-48 0.01 7,000 Xenon-133 1.0 900,000 Yttrium-91 0.01 2,000 Zinc-65 0.01 5,000 Zirconium-93 0.01 400 Zirconium-95 0.01 5,000 Any other beta-gamma emitter 0.01 10,000 Mixed fission products 0.01 1,000 Mixed corrosion products 0.01 10,000 Contaminated equipment beta-gamma 0.001 10,000 Irradiated material, any form other than solid noncombustible 0.01 1,000 Irradiated material, solid noncombustible 0.001 10,000 Mixed radioactive waste, beta-gamma 0.01 1,000 Packaged mixed waste, beta-gamma 0.001 10,000 Any other alpha emitter 0.001 2 Contaminated equipment, alpha 0.0001 20 Packaged waste, alpha 0.0001 20 Combinations of radioactive materials listed above For combinations of radioactive materials, consideration of the need for an emergency plan is required if the sum of the ratios of the quantity of each radioactive material authorized to the quantity listed for that material in Table RHS 7-2 exceeds one.

Waste packaged in Type B containers does not require an emergency plan.

(b) Emergency preparedness for possession of uranium hexafluoride.

In addition to the requirements set forth in Rule 0400-20-10-.12, all specific licenses to possess uranium hexafluoride in excess of 50 kilograms in a single container or 1000 kilograms total must contain either:

(i) An evaluation showing that the maximum intake of uranium by a member of the public due to a release would not exceed 2 milligrams; or (ii) An emergency plan for responding to the radiological hazards of an accidental release of source material and to any associated chemical hazards directly incident thereto.

One or more of the following factors may be used to support an evaluation submitted under subpart 1(i) of this subparagraph:

(i) All or part of the radioactive material is not subject to release during an accident because of the way it is stored or packaged;

(ii) Facility design or engineered safety features in the facility would reduce the amount of the release; or (iii) Other factors appropriate for the specific facility.

In addition to the requirements set forth in Rule 0400-20-10-.12, all specific licenses to possess plutonium in excess of 2 curies in unsealed form or on foils or plated sources must contain either:

(i) An evaluation showing that the maximum dose to a member of the public offsite due to a release of plutonium would not exceed 1 rem effective dose equivalent, or (ii) An emergency plan for responding to the radiological hazards of an accidental release of special nuclear material and to any associated chemical hazards directly incident thereto.

One or more of the following factors may be used to support an evaluation submitted under subpart 1(i) of this subparagraph:

(i) The plutonium is physically separated so that only a portion could be involved in an accident;

(ii) All or part of the plutonium is not subject to release during an accident because of the way it is stored or packaged;

(iii) In the case of fires or explosions, the release fraction would be lower than 0.001 due to the chemical or physical form of the material;

(iv) The solubility of the material released would reduce the dose received;

(v) The facility design or engineered safety features in the facility would cause the release fraction to be lower than 0.001;

(vi) Operating restrictions or procedures would prevent a release large enough to cause a member of the public offsite to receive a dose exceeding 1 rem effective dose equivalent; or (vii) Other factors appropriate for the specific facility.

(d) An emergency plan for responding to a release of radioactive material submitted under

subpart (a)1(ii), (b)1(ii) or (c)1(ii) of this paragraph must include the following information:

Facility description.

A brief description of the licensee’s facility and area near the site.

Types of accidents.

An identification of each type of accident for which protective actions may be needed.

Classification of accidents.

A classification system for classifying accidents as alerts or site area emergencies.

Detection of accidents.

Identification of the means of detecting each type of radioactive materials accident in a timely manner.

Mitigation of consequences.

A brief description of the means and equipment for mitigating the consequences of each type of accident, including those provided to protect workers onsite, and a description of the program for maintaining the equipment.

Assessment of releases.

A brief description of the methods and equipment to assess releases of radioactive material.

Responsibilities.

A brief description of the responsibilities of licensee personnel should an accident occur, including identification of personnel responsible for promptly notifying offsite response organizations and the Division of Radiological Health; also responsibilities for developing, maintaining and updating the plan.

Notification and coordination.

A commitment to and a brief description of the means to promptly notify offsite response organizations and request offsite assistance, including medical assistance for the treatment of contaminated, injured onsite workers when appropriate. A control point must be established. The notification and coordination must be planned so that unavailability of some personnel, parts of the facility, and some equipment will not prevent the notification and coordination. The licensee shall also commit to notify the Division of Radiological Health immediately after notification of the offsite response organizations and not later than 1 hour after the licensee declares an emergency.

Information to be communicated.

A brief description of the types of information on facility status, radioactive releases and recommended protective actions, if necessary, to be given to offsite response organizations and to the Division of Radiological Health.

Training.

A brief description of the frequency, performance objectives and plan for the training that the licensee will provide workers on how to respond to an emergency including any special instructions and orientation tours the licensee would offer to fire, police, medical and other emergency personnel. The training shall familiarize personnel with site-specific emergency procedures. Also, the training shall thoroughly prepare site personnel for their responsibilities in the event of accident scenarios postulated as most probable for the specific site, including the use of team training for such scenarios.

Safe shutdown.

A brief description of the means of restoring the facility to a safe condition after an accident.

Exercises.

Provisions for conducting quarterly communications checks with offsite response organizations and biennial onsite exercises to test response to simulated emergencies. Quarterly communications checks with offsite response organizations must include the check and update of all necessary telephone numbers. The licensee shall invite offsite response organizations to participate in the biennial exercises. Participation of offsite response organizations in biennial exercises although recommended is not required. Exercises must use accident scenarios postulated as most probable for the specific site and the scenarios shall not be known to most exercise participants. The licensee shall critique each exercise using individuals not having direct implementation responsibility for the plan. Critiques of exercises must evaluate the appropriateness of the plan, emergency procedures, facilities, equipment, training of personnel and overall effectiveness of the response. Deficiencies found by the critiques must be corrected.

Hazardous chemicals.

A certification that the applicant has met its responsibilities under the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Public Law 99-499 (42 U.S.C. Chapter 116), if applicable to the applicant’s activities at the proposed place of the use of the source material.

These reporting requirements do not supersede or release licensees of complying with the requirements under the Emergency Planning and Community Right-to-Know Act of 1986, Title III, Public Law 99-499 (42 U.S.C. Chapter 112) or other state or federal reporting requirements.

(e) The licensee shall allow the offsite response organizations expected to respond in case of an accident 60 days to comment on the licensee’s emergency plan before submitting it to the Division of Radiological Health. The licensee shall provide any comments received within the 60 days to the Division of Radiological Health with the emergency plan.

(f) Licensees required to submit emergency plans by this paragraph shall follow the emergency plan approved by the Division of Radiological Health. The licensee may change the plan without Division of Radiological Health approval if the changes do not decrease the effectiveness of the plan. The licensee shall furnish the change to the Division of Radiological Health and to affected offsite response organizations within 6 months after the change is made. Proposed changes that decrease the effectiveness of the approved emergency plan may not be implemented without application to and prior approval by the Division of Radiological Health.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed December 4, 2023; effective March 3, 2024. Amendments filed February 28, 2024; effective May 28, 2024.

Tenn. Comp. R. & Regs. 0400-20-14-.04 .

(4) Any failure to pay an invoiced amount by the date specified on the invoice, unless qualified by subparagraph (3)(d) of this rule, shall be deemed to constitute a violation of T.C.A. §§ 68- 203-101 et seq.

(5) Whenever there is a change in information such as address, ownership, possessor, or location of use from that declared on the last previous registration, the completion of a new Form RHS 8-4 shall be required within 10 days of the change.

(6) Each registrant, or his estate, who permanently discontinues the use of or transfers all of his radiation machines at an installation shall notify the Division in writing within 60 days of such action. In the event of a transfer, the notification shall include the name and address of the transferee.

(7) No person shall state or imply that any activity under such a registration has been approved by the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed February 13, 2013; effective May 14, 2013. Amendments filed September 25, 2014; effective December 24, 2014. Amendments filed March 3, 2015; effective June 1, 2015. Amendments filed February 28, 2024; effective May 28, 2024. Amendments filed March 11, 2026; effective June 9, 2026.

Chapter 0400-20-11 Licensing Requirements for Land Disposal of Radioactive Waste (Transferred from 1200-02-11 which was repealed)

Tenn. Comp. R. & Regs. 0400-20-11-.01 PURPOSE

The rules in this Chapter establish, for land disposal of radioactive waste, the procedures, criteria, and terms and conditions upon which the Department issues licenses for the disposal of radioactive wastes received from other persons.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.02 SCOPE

The rules in this Chapter do not apply to disposal of high level waste, disposal of uranium or thorium tailings or disposal of licensed material as provided for in Chapter 0400-20-05 by an individual licensee.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.03 DEFINITIONS

(1) “Active maintenance” means any significant remedial activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives are met. Such active maintenance includes ongoing activities such as the pumping and treatment of water from a disposal unit or one-time measures such as replacement of a disposal unit cover. Active maintenance does not include custodial activities such as repair of fencing, repair or replacement of monitoring equipment, revegetation, minor additions to soil cover, minor repair of disposal unit covers and general disposal site upkeep such as mowing grass.

(2) “Buffer zone” means a portion of the disposal site that is controlled by the licensee and that lies under the disposal units and between the disposal units and the boundary of the site.

(3) “Chelating agent” means amine polycarboxylic acids (e.g., EDTA, DTPA), hydroxyl-carboxylic acids and polycarboxylic acids (e.g., citric acid, carbolic acid and glucinic acid).

(4) “Commencement of construction” means any clearing of land, excavation or other substantial action that would adversely affect the environment of a land disposal facility. The term does not mean disposal site exploration, necessary roads for disposal site exploration, borings to May, 2012 2 determine foundation conditions or other preconstruction monitoring or testing to establish background information related to the suitability of the disposal site or the protection of environmental values.

(5) “Custodial agency” means an agency of the government designated to act on behalf of the government owner of the disposal site.

(6) “Disposal” means the isolation of radioactive wastes from the biosphere inhabited by man and containing his food chains by emplacement in a land disposal facility.

(7) “Disposal site” means that portion of a land disposal facility which is used for disposal of waste. It consists of disposal units and a buffer zone.

(8) “Disposal unit” means a discrete portion of the disposal site into which waste is placed for disposal.

(9) “Engineered barrier” means a manmade structure or device that in intended to improve the land disposal facility’s ability to meet the performance objectives.

(10) “Explosive material” means any chemical compound, mixture or device which produces a substantial instantaneous release of gas and heat spontaneously or by contact with sparks or flame.

(11) “Hazardous waste” means those wastes designated as hazardous by the Tennessee Department of Environment and Conservation, Division of Solid Waste Management.

(12) “Hydrogeologic unit” means any soil or rock unit or zone which by virtue of its porosity or permeability, or lack thereof, has a distinct influence on the storage or movement of groundwater.

(13) “Inadvertent intruder” means a person who might occupy the disposal site after closure and engage in normal activities, such as agriculture, dwelling construction or other pursuits in which the person might be unknowingly exposed to radiation from the waste.

(14) “Intruder barrier” means a sufficient depth of cover over the waste that inhibits contact with waste and helps to ensure that radiation exposures to an inadvertent intruder will meet the performance objectives set forth in this Chapter or engineered structures that provides equivalent protection to the inadvertent intruder.

(15) “Land disposal facility” means the land, buildings and equipment which are intended to be used for the disposal of radioactive wastes.

(16) “Monitoring” means observing and making measurements to provide data to evaluate the performance and characteristics of the disposal site.

(17) “Pyrophoric liquid” means any liquid that ignites spontaneously in dry or moist air at or below 130º F (54.5º C). A pyrophoric solid is any solid material, other than one classed as an explosive, which under normal conditions is liable to cause fires through friction, retained heat from manufacturing or processing or which can be ignited readily and when ignited burns so vigorously and persistently as to create a serious transportation, handling or disposal hazard. Included are spontaneously combustible and water-reactive materials.

(18) “Site closure and stabilization” means those actions that are taken upon completion of operations that prepare the disposal site for custodial care and that assure that the disposal site will remain stable and will not need ongoing active maintenance.

May, 2012 3 (19) “Stability” means structural stability.

(20) “Surveillance” means observation of the disposal site for purposes of visual detection of need for maintenance, custodial care, evidence of intrusion and compliance with other license and regulatory requirements.

(21) “Waste” means those low-level radioactive wastes containing radioactive materials that are acceptable for disposal at a land disposal facility. For the purposes of this definition, lowlevel waste is radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or byproduct material as defined in Section 11e.(2) of the Atomic Energy Act (uranium or thorium tailings and waste).

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.04 LICENSE REQUIRED

(1) No person may receive, possess and dispose of radioactive waste containing radioactive material at a land disposal facility unless authorized by a license issued by the Department pursuant to this Chapter.

(2) Each person shall file an application with the Department and obtain a license as provided in this Chapter before commencing construction of a land disposal facility. Failure to comply with this requirement may be grounds for denial of a license.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.05 COMMUNICATIONS

Except where otherwise specified, all communications and reports concerning the rules in this Chapter and applications filed under them should be addressed to the Division at the address in Rule 0400-20-04- .07.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.06 RESERVED

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.07 RESERVED

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.08 CONTENT OF APPLICATION

(1) An application to receive from others, possess and dispose of wastes containing or contaminated with radioactive material by land disposal must consist of general information, specific technical information, institutional information, and financial information, as set forth in this Chapter and Chapter 0400-20-10. An environmental report must accompany the application.

May, 2012 4 (2) General information must include:

(a) Identity of the applicant including:

The full name, address, telephone number and description of the business or occupation of the applicant;
If the applicant is a partnership, the name and address of each partner and the principal location where the partnership does business;
If the applicant is a corporation or an unincorporated association, (i) the state where it is incorporated or organized and the principal location where it does business, and (ii) the names and addresses of its directors and principal officers; and 4. If the applicant is acting as an agent or representative of another person in filing the application, all information required under this paragraph must be supplied with respect to the other person.

(b) Qualifications of the applicant:

The organizational structure of the applicant, both offsite and onsite, including a description of lines of authority and assignments of responsibilities, whether in the form of administrative directives, contract provisions or otherwise;
The technical qualifications, including training and experience, of the applicant and members of the applicant’s staff to engage in the proposed activities.

Minimum training and experience requirements for personnel filling key positions described in part 1 of this subparagraph must be provided;

A description of the applicant’s personnel training program; and 4. The plan to maintain an adequate complement of trained personnel to carry out waste receipt, handling, and disposal operations in a safe manner.

The location of the proposed disposal site;
The general character of the proposed activities;
The types and quantities of radioactive waste to be received, possessed and disposed of;
Plans for use of the land disposal facility for purposes other than disposal of radioactive wastes; and 5. The proposed facilities and equipment.

(d) Proposed schedules for construction, receipt of waste and first emplacement of waste at the proposed land disposal facility.

May, 2012 5 (3) Specific technical information.

(a) The specific technical information must include the following information needed for demonstration that the performance objectives and the applicable technical requirements of this Chapter will be met:

A description of the natural and demographic disposal site characteristics as determined by disposal site selection and characterization activities. The description must include geologic, geotechnical, hydrologic, meteorologic, climatologic and biotic features of the disposal site and vicinity.
A description of the design features of the land disposal facility and the disposal units. The description must include those design features related to infiltration of water; integrity of covers for disposal units; structural stability of backfill, wastes and covers; contact of wastes with standing water; disposal site drainage; disposal site closure and stabilization; elimination to the extent practicable of long-term disposal site maintenance; inadvertent intrusion; occupational exposures; disposal site monitoring; and adequacy of the size of the buffer zone for monitoring and potential mitigative measures.
A description of the principal design criteria and their relationship to the performance objectives.
A description of the design basis natural events or phenomena and their relationship to the principal design criteria.
A description of codes and standards which the applicant has applied to the design and which will apply to construction of the land disposal facilities.
A description of the construction and operation of the land disposal facility. The description must include as a minimum the methods of construction of disposal units; waste emplacement; the procedures for and areas of waste segregation; types of intruder barriers; onsite traffic and drainage systems; survey control program; methods and area of waste storage; and methods to control surface water and ground water access to the wastes. The description must also include a description of the methods to be employed in the handling and disposal of wastes containing chelating agents or other nonradiological substances that might affect meeting the performance objectives in this Chapter.
A description of the disposal site closure plan, including those design features which are intended to facilitate disposal site closure and to eliminate the need for ongoing active maintenance.
An identification of the known natural resources at the disposal site, the exploitation of which could result in inadvertent intrusion into the low-level wastes after removal of active institutional control.
A description of the kind, amount, classification and specifications of the radioactive material proposed to be received, possessed and disposed of at the land disposal facility.
A description of the quality control program, developed and applied by the applicant to:

(i) The determination of the natural characteristics of the disposal site, May, 2012 6 (ii) The design, construction, operation and closure of the land disposal facility; and the receipt, handling, and emplacement of waste.

(iii) Audits and managerial controls must be included.

A description of the radiation safety program for control and monitoring of radioactive effluents to ensure compliance with the performance objectives of this Chapter and occupational radiation exposure to ensure compliance with the requirements of Chapter 0400-20-05 and to control contamination of personnel, vehicles, equipment, buildings and the disposal site. Both routine operations and accidents must be addressed. The program description must include procedures, instrumentation, facilities and equipment.
A description of the environmental monitoring program to provide data to evaluate potential health and environmental impacts and the plan for taking corrective measures if migration of radionuclides is indicated.
A description of the administrative procedures that the applicant will apply to control activities at the land disposal facility.

(b) The specific technical information must also include the following analyses needed to demonstrate that the performance objectives of this Chapter will be met:

Pathways analyzed in demonstrating protection of the general population from releases of radioactivity must include air, soil, groundwater, surface water, plant uptake and exhumation by burrowing animals. The analyses must clearly identify and differentiate between the roles performed by the natural disposal site characteristics and design features in isolating and segregating the wastes. The analyses must clearly demonstrate that there is reasonable assurance that the exposures to humans from the release of radioactivity will not exceed the limits set forth in this Chapter.
Analyses of the protection of individuals from inadvertent intrusion must include demonstration that there is reasonable assurance the waste classification and segregation requirements will be met and that barriers to inadvertent intrusion will be provided.
Analyses of the protection of individuals during operations must include assessments of expected exposures due to routine operations and accidents during handling, storage and disposal of waste. The analyses must provide assurance that exposures will be controlled to meet the requirements of Chapter 0400-20-05.
Analyses of the long-term stability of the disposal site and the need for ongoing active maintenance after closure must be based upon analyses of active natural processes such as erosion, mass wasting, slope failure, settlement of wastes and backfill, infiltration through covers over disposal areas and adjacent soils, and surface drainage of the disposal site. The analyses must provide assurance that there will not be a need for ongoing active maintenance of the disposal site following closure.

(4) Institutional information must include:

May, 2012 7 (a) A certification by the Federal or State government which owns the disposal site that the Federal or State government is prepared to accept transfer of the license or assume management control if it is the Federal government when the provisions of Rule 0400- 20-11-.14 are met, and will assume responsibility for custodial care after site closure and postclosure observation and maintenance.

(b) Where the proposed disposal site is on land not owned by the Federal or a State government, the applicant must submit evidence that arrangements have been made for assumption of ownership in fee by the Federal or State government before the Department issues a license.

(5) Financial information must be submitted to demonstrate that the financial qualifications of the applicant are adequate to carry out the activities for which the license is sought and meet other financial assurance requirements as specified in Chapter 0400-20-10.

(6) Depending upon the nature of the wastes to be disposed of and the design and proposed operation of the land disposal facility, additional information may be requested by the Department.

(7) An application for a license under this Chapter and any amendments thereto shall be filed with the Division of Radiological Health, signed by the applicant and must consist of 1 signed original and 2 copies.

(8) Other copies of the application and environmental report must be retained by the applicant for distribution in accordance with written instructions from the Director, Division of Radiological Health.

(9) The application and environmental report must be as complete as possible based on the information that is available at the time of submittal.

(10) The applicant shall supplement its application or environmental report in a timely manner, as necessary, to permit the Department to review, prior to issuance of a license, any changes in the activities proposed to be carried out or new information regarding the proposed activities.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.09 STANDARDS FOR ISSUANCE

(1) A license for the receipt, possession and disposal of waste containing or contaminated with radioactive material will be issued by the Department upon finding that the issuance of the license will not constitute a risk to the health and safety of the public greater than risks from other industries, and:

(a) The applicant is qualified by reason of training and experience to carry out the disposal operations requested in a manner that protects health and property.

(b) The applicant’s proposed disposal site, disposal site design, land disposal facility operations (including equipment, facilities and procedures), disposal site closure and postclosure institutional control protect the public health and safety in that they provide assurance that the general population will be protected from releases of radioactivity as specified in the performance objective in paragraph (2) of Rule 0400-20-11-.16.

(c) The applicant’s proposed disposal site, disposal site design, land disposal facility operations (including equipment, facilities and procedures), disposal site closure and May, 2012 8 postclosure institutional control protect the public health and safety in that they provide assurance that individual inadvertent intruders are protected in accordance with the performance objective in paragraph (3) of Rule 0400-20-11-.16.

(d) The applicant’s proposed land disposal operations, including equipment, facilities and procedures, protect the public health and safety in that they will provide assurance that the standards for radiation protection set out in Chapter 0400-20-05 will be met.

(e) The applicant’s proposed disposal site, disposal site design, land disposal facility operations, disposal site closure and postclosure institutional control protect the public health and safety in that they will provide assurance that long-term stability of the disposed waste and the disposal site will be achieved and will eliminate to the extent practicable the need for ongoing active maintenance of the disposal site following closure.

(f) The applicant’s demonstration provides assurance that the applicable technical requirements of this Chapter will be met.

(g) The applicant’s proposal for institutional control provides assurance that institutional control will be provided for the length of time found necessary to ensure the findings in subparagraphs (b) through (e) of this paragraph and that the institutional control meets the requirements of paragraph (10) of Rule 0400-20-11-.17.

(h) The information on financial assurance meets the requirements of this Chapter and

Chapter 0400-20-10.

(i) Any additional information submitted as requested by the Department pursuant to paragraph (6) of Rule 0400-20-11-.08, is adequate.

(2) Conditions of licenses.

(a) A license issued under this Chapter or any right thereunder, may be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to any person, only if the Department finds, after securing full information, that the transfer is in accordance with the provisions of Tennessee Code Annotated Title 68 Chapter 202 and gives its consent in writing in the form of a license amendment.

(b) The licensee shall submit written statements under oath upon request of the Department, at any time before termination of the license, to enable the Department to determine whether or not the license should be modified, suspended or revoked.

(c) The license will be transferred to the site owner only on the full implementation of the final closure plan as approved by the Department, including postclosure monitoring and maintenance.

(d) The licensee shall be subject to the provisions of T.C.A. §§ 68-202-201 et seq. now or hereafter in effect, and to all rules, regulations, and orders of the Department. The terms and conditions of the license are subject to amendment, revision or modification, by reason of amendments to or by reason of rules, regulations and orders issued in accordance with the terms of T.C.A. Title 68, Chapter 202.

(e) Any license may be revoked, suspended or modified in whole or in part for any material false statement in the application or because of conditions revealed by any application or statement of fact or any report, record, or inspection or other means which would May, 2012 9 warrant the Department to refuse to grant a license to the original application, or for failure to operate the facility in accordance with the terms of the license, or for any violation of, or failure to observe any of the terms and conditions of the Act, or any rule,

regulation, license or order of the Department.

(f) Each person licensed by the Department pursuant to the regulations in this Chapter shall confine possession and use of materials to the locations and purposes authorized in the license.

(g) No radioactive waste may be disposed of until the Department has inspected the land disposal facility and has found it to be in conformance with the description, design and construction described in the application for a license.

(h) The Department may incorporate in any license at the time of issuance, or thereafter, additional requirements and conditions with respect to the licensee’s receipt, possession and disposal of radioactive material as it deems appropriate or necessary in order to:

Protect health and property;
Require reports and the keeping of records and to provide for inspections of activities under the license that may be necessary or appropriate to effectuate the purposes of the Act and regulations thereunder.

(i) The authority to dispose of wastes expires on the date stated in the license except as provided in paragraph (1) of Rule 0400-20-11-.11.

(3) Changes.

(a) Except as provided for in specific license conditions, the licensee shall not make changes in the land disposal facility or procedures described in the license application.

The license will include conditions restricting subsequent changes to the facility and the procedures authorized which are important to public health and safety. These license restrictions will fall into categories of descending importance to public health and safety as follows:

Those features and procedures which may not be changed without 60 days prior notice to the Department and prior Department approval; and 2. Those features and procedures which may not be changed without 60 days prior notice to the Department. Features and procedures falling in this category may not be changed without prior Department approval if the Department, after having received the required notice, so orders.

(b) Changes in procedures contained in requests for amendments to authorize site closure, license transfer or license termination shall be included in part (a)1 of this paragraph.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.10 AMENDMENT OR RENEWAL

(1) An application for amendment of a license may be filed in accordance with paragraphs (7) and (8) of Rule 0400-20-11-.08 and shall fully describe the requested license amendment.

May, 2012 10 (2) In determining whether an amendment to a license will be approved, the Department will apply the criteria set forth in paragraph (1) of Rule 0400-20-11-.09.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.11 APPLICATION FOR RENEWAL OR CLOSURE

(1) Any expiration date on a license applies only to the authority to dispose of waste. Failure to renew the license shall not relieve the licensee of responsibility for carrying out site closure, postclosure monitoring and transfer of the license to the site owner. An application for renewal or an application for closure under Rule 0400-20-11-.12 must be filed at least 30 days prior to license expiration.

(2) Applications for renewal of a license must be filed in accordance with Rule 0400-20-11-.08.

Applications for closure must be filed in accordance with paragraph (7) and (8) of Rule 0400- 20-11-.08 and Rule 0400-20-11-.12. Unless requested otherwise, information contained in previous applications, statements or reports filed with the Department under the license may be incorporated by reference if the references are clear and specific.

(3) In any case in which a licensee has timely filed an application for renewal of a license, the license for continued receipt and disposal of licensed materials does not expire until the Department has taken final action on the application for renewal.

(4) In determining whether a license will be renewed, the Department will apply the criteria set forth in paragraph (1) of Rule 0400-20-11-.09.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.12 CONTENTS OF APPLICATION FOR CLOSURE

(1) Prior to final closure of the disposal site, or as otherwise directed by the Department, the applicant shall submit an application to amend the license for closure. This closure application must include a final revision and specific details of the disposal site closure plan included as part of the license application submitted under part (3)(a)7 of Rule 0400-20-11- .08 that includes each of the following:

(a) Any additional geologic, hydrologic or other disposal site data pertinent to the long-term containment of emplaced radioactive wastes obtained during the operation period.

(b) The results of tests, experiments or other analyses relating to backfill of excavated areas, closure and sealing, waste migration and interaction with emplacement media, or any other tests, experiments or analysis pertinent to the long-term containment of emplaced waste within the disposal site.

Decontamination and/or dismantlement of surface operational facilities;
Backfilling of excavated areas; or 3. Stabilization of the disposal site for postclosure care.

May, 2012 11 (d) Any significant new information regarding the environmental impact of closure activities and long-term performance of the disposal site.

(2) Upon review and consideration of an application to amend the license for closure submitted in accordance with paragraph (1) of this rule, the Department shall issue an amendment authorizing closure if there is assurance that the long-term performance objectives of Rule

Tenn. Comp. R. & Regs. 0400-20-11-.16 PERFORMANCE OBJECTIVES

(1) General requirement.

Land disposal facilities must be sited, designed, operated, closed and controlled after closure so that reasonable assurance exists that exposures to humans are within the limits established in the performance objectives in paragraphs (2) through (5) of this rule.

(2) Protection of the general population from releases of radioactivity.

Concentrations of radioactive material which may be released to the general environment in ground water, surface water, air, soil, plants or animals must not result in an annual dose exceeding an equivalent of 25 millirems to the whole body, 75 millirems to the thyroid and 25 millirems to any other organ of any member of the public. Reasonable effort shall be made to maintain releases of radioactivity in effluents to the general environment as low as is reasonably achievable.

(3) Protection of individuals from inadvertent intrusion.

Design, operation and closure of the land disposal facility must ensure protection of any individual inadvertently intruding into the disposal site and occupying the site or contacting the waste at any time after active institutional controls over the disposal site are removed.

(4) Protection of individuals during operations.

Operations at the land disposal facility must be conducted in compliance with the standards for radiation protection set out in Chapter 0400-20-05, except for releases of radioactivity in effluents from the land disposal facility, which shall be governed by paragraph (2) of this rule.

Every reasonable effort shall be made to maintain radiation exposures as low as is reasonably achievable.

May, 2012 13 (5) Stability of the disposal site after closure.

The disposal facility must be sited, designed, used, operated and closed to achieve long-term stability of the disposal site and to eliminate to the extent practicable the need for ongoing active maintenance of the disposal site following closure so that only surveillance, monitoring or minor custodial care are required.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.13 POST CLOSURE OBSERVATION AND MAINTENANCE

Following completion of closure authorized in Rule 0400-20-11-.12 the licensee shall observe, monitor and carry out necessary maintenance and repairs at the disposal site until the license is transferred by the Department in accordance with Rule 0400-20-11-.14. Responsibility for the disposal site must be maintained by the licensee for 5 years. A shorter or longer time period for post-closure observation and maintenance may be established and approved as part of the site closure plan, based on site-specific conditions.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.14 TRANSFER OF LICENSE

(1) Following closure and the period of post-closure observation and maintenance, the licensee may apply for an amendment to transfer the license to the disposal site owner. The license shall be transferred when the Department finds:

(a) That the closure of the disposal site has been made in conformance with the licensee’s disposal site closure plan, as amended and approved as part of the license;

(b) That assurance has been provided by the licensee that the performance objectives of

Rule 0400-20-11-.16 are met;

(c) That any funds and necessary records for care, required by subparagraphs (1)(e) and (f) of Rule 0400-20-11-.19, will be transferred to the disposal site owner;

(d) That the post-closure monitoring program is operational for implementation by the disposal site owner; and (e) That the Federal or State government agency which will assume responsibility for institutional control of the disposal site is prepared to assume responsibility and ensure that the institutional requirements found necessary under Rule 0400-20-11-.09 will be met.

(2) Reserved

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. May, 2012 12

Tenn. Comp. R. & Regs. 0400-20-11-.15 TERMINATION OF LICENSE

(1) Following any period of institutional control needed to meet the requirements found necessary under Rule 0400-20-11-.09, the licensee may apply for an amendment to terminate the license.

(2) This application must be filed, and will be reviewed, in accordance with the provisions of paragraphs (7) and (8) of Rule 0400-20-11-.08.

(3) A license is terminated only when the Department finds:

(a) That the institutional control requirements found necessary under subparagraph (1)(g) of Rule 0400-20-11-.09 have been met;

(b) That any additional requirements resulting from new information developed during the institutional control period have been met, and that permanent monuments or markers warning against intrusion have been installed; and (c) That the records required by subparagraphs (1)(e) and (f) of Rule 0400-20-11-.19 have been sent to the party responsible for institutional control of the disposal site and a copy has been sent to the Division immediately prior to license termination.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.17 TECHNICAL REQUIREMENTS FOR LAND DISPOSAL FACILITIES

(1) Disposal site suitability requirements for land disposal.

(a) The purpose of this paragraph is to specify the minimum characteristics a disposal site must have to be acceptable for use as a disposal facility. The primary emphasis in disposal site suitability is given to isolation of wastes, a matter having long-term impacts and to disposal site features that ensure that the long-term performance objectives of Rule 0400-20-11-.16 are met, as opposed to short-term convenience or benefits.

(b) The disposal site shall be capable of being characterized, modeled, analyzed and monitored.

(c) Within the region where the facility is to be located, a disposal site should be selected so that projected population growth and future developments are not likely to affect the ability of the disposal facility to meet the performance objective of Rule 0400-20-11-.16.

(d) Areas must be avoided having known natural resources which, if exploited, would result in failure to meet the performance objectives of Rule 0400-20-11-.16.

(e) The disposal site must be generally well drained and free of areas of flooding or frequent ponding. Waste disposal shall not take place in a 100-year flood plain or wetland, as defined in Presidential Executive Order 11988, “Floodplain Management Guidelines.”

(f) Upstream drainage areas must be minimized to decrease the amount of runoff which could erode or inundate waste disposal units.

(g) The disposal site must provide sufficient depth to the watertable that ground water intrusion, perennial or otherwise, onto waste will not occur. The Department will consider an exception to this requirement to allow disposal below the watertable if it can be conclusively shown that disposal site characteristics will result in molecular diffusion being the predominant means of radionuclide movement and the rate of movement will result in the performance objectives of Rule 0400-20-11-.16 being met.

In no case will waste disposal be permitted in the zone of fluctuation of the water table.

(h) The hydrogeologic unit used for disposal shall not discharge ground water to the surface within the disposal site.

(i) Areas must be avoided where tectonic processes such as faulting, folding, seismic activity or vulcanism may occur with such frequency and extent to affect the ability of the disposal site to meet the performance objectives of Rule 0400-20-11-.16, or may preclude defensible modeling and prediction of long-term impacts.

May, 2012 14 (j) Areas must be avoided where surface geologic processes such as mass wasting, erosion, slumping, landsliding or weathering occur with such frequency and extent to affect the ability of the disposal site to meet the performance objectives of Rule 0400- 20-11-.16, or may preclude defensible modeling and prediction of long-term impacts.

(k) The disposal site must not be located where nearby facilities or activities could impact the ability of the site to meet the performance objectives of Rule 0400-20-11-.16 or mask the environmental monitoring program.

(2) Disposal site design for land disposal.

(a) Site design features must be directed toward long-term isolation and avoidance of the need for continuing active maintenance after site closure.

(b) The disposal site design and operation must be compatible with the disposal site closure and stabilization plan and lead to disposal site closure that provides assurance that the performance objectives of Rule 0400-20-11-.16 will be met.

(c) The disposal site must be designed to complement and improve, where appropriate, the ability of the disposal site’s natural characteristics to assure that the performance objectives of Rule 0400-20-11-.16 will be met.

(d) Covers must be designed to minimize to the extent practicable water infiltration, to direct percolating or surface water away from the disposed waste and to resist degradation by surface geologic processes and biotic activity.

(e) Surface features must direct surface water drainage away from disposal units at velocities and gradients which will not result in erosion that will require ongoing active maintenance in the future.

(f) The disposal site must be designed to minimize to the extent practicable the contact of water with waste during storage, the contact of standing water with waste during disposal and the contact of percolating or standing water with wastes after disposal.

(3) Land disposal facility operation and disposal site closure.

(a) Wastes designated as Class A pursuant to paragraph (6) of this rule must be segregated from other wastes by placing in disposal units which are sufficiently separated from disposal units for the other waste classes so that any interaction between Class A wastes and other wastes will not result in the failure to meet the performance objectives in Rule 0400-20-11-.16. This segregation is not necessary for Class A wastes if they meet the stability requirements in subparagraph (7)(b) of this

rule.

(b) Wastes designated as Class C pursuant to paragraph (6) of this rule must be disposed of so that the top of the waste is a minimum of 5 meters below the top surface of the cover or must be disposed of with intruder barriers that are designed to protect against an inadvertent intrusion for at least 500 years.

(c) All wastes shall be disposed of in accordance with the requirements of subparagraphs (d) through (k) of this paragraph.

May, 2012 15 (d) Wastes must be emplaced in a manner that maintains the package integrity during emplacement, minimizes the void spaces between packages and permits the void spaces to be filled.

(e) Void spaces between waste packages must be filled with earth or other material to reduce future subsidence within the disposal unit.

(f) Waste must be placed and covered in a manner that limits the radiation dose rate at the surface of the cover to levels that at a minimum will permit the licensee to comply with all provisions of Rule 0400-20-11-.60 at the time the license is transferred pursuant to Rule 0400-20-11-.14.

(g) The boundaries and locations of each disposal unit must be accurately located and mapped by means of a land survey. Disposal units must be marked in such a way that the boundaries of each unit can be easily defined. Three permanent survey marker control points, referenced to United States Geological Survey (USGS) or National Geodetic Survey (NGS) survey control stations, must be established on the site to facilitate surveys. The USGS or NGS control stations must provide horizontal and vertical controls as checked against USGS or NGS record files.

(h) A buffer zone of land must be maintained between any disposal unit and the disposal boundary and beneath the disposed waste. The buffer zone shall be of adequate dimensions to carry out environmental monitoring activities specified in paragraph (4) of this rule and take mitigative measures if needed.

(i) Closure and stabilization measures as set forth in the approved site closure plan must be carried out as each disposal unit is filled and covered.

(j) Active waste disposal operations must not have an adverse effect on completed closure and stabilization measures.

(k) Only wastes containing or contaminated with radioactive materials shall be disposed of at the disposal site.

(4) Environmental monitoring.

(a) At the time a license application is submitted, the applicant shall have conducted a preoperational monitoring program to provide basic environmental data on the disposal site characteristics. The applicant shall obtain information about the ecology, metrology, climate, hydrology, geology, geochemistry and seismology of the disposal site. For those characteristics that are subject to seasonal variation, data must cover at least a 12 month period.

(b) The licensee must have plans for taking corrective measures if migration of radionuclides would indicate that the performance objectives of Rule 0400-20-11-.16 may not be met.

(c) During the land disposal facility site construction and operation, the licensee shall maintain a monitoring program, including a monitoring system. Measurements and observations must be made and recorded to provide data to evaluate the potential health and environmental impacts during both the construction and the operation of the facility and to enable the evaluation of long-term effects and the need for mitigative measures. The monitoring system must be capable of providing early warning of releases of radionuclides from the disposal unit before they leave the site boundary.

May, 2012 16 (d) After the disposal site is closed, the licensee responsible for post-operational surveillance of the disposal site shall maintain a monitoring system based on the operating history and the closure and stabilization of the disposal site. The monitoring system must be capable of providing early warning of releases of radionuclides from the disposal unit before they leave the site boundary.

(5) Alternative requirements for design and operations.

The Department may, upon request or on its own initiative, authorize provisions other than those set forth in paragraphs (2), (3) and (4) of this rule for the segregation and disposal of waste and for the design and operation of a land disposal facility on a specific basis, if it finds assurance of compliance with the performance objectives of Rule 0400-20-11-.16.

(6) Waste Classification.

(a) Determination of the classification of radioactive waste involves two considerations.

First, consideration must be given to the concentration of long-lived radionuclides (and their short-lived precursors) whose potential hazard will persist long after such precautions as institutional controls, improved waste form and deeper disposal have ceased to be effective. These precautions delay the time when long-lived radionuclides could cause exposures. In addition, the magnitude of the potential dose is limited by the concentration and availability of the radionuclide at the time of exposure. Second, consideration must be given to the concentration of shorter-lived radionuclides for which requirements on institutional controls, waste form and disposal methods are effective.

(b) Classes of waste.

Class A waste is waste that is usually segregated from other waste classes at the disposal site. The physical form and characteristics of Class A waste must meet the minimum requirements set forth in subparagraph (7)(a) of this rule. If Class A waste also meets the stability requirements set forth in subparagraph (7)(b) of this rule, it is not necessary to segregate the waste for disposal.
Class B waste is waste that must meet more rigorous requirements on waste form to ensure stability after disposal. The physical form and characteristics of Class B waste must meet both the minimum and stability requirements set forth in paragraph (7) of this rule.
Class C waste is waste that not only must meet more rigorous requirements on waste form to ensure stability but also requires additional measures at the disposal facility to protect against inadvertent intrusion. The physical form and characteristics of Class C waste must meet both the minimum and stability requirements set forth in paragraph (7) of this rule.
Waste that is not acceptable for disposal is waste for which waste form and disposal methods must be different and, in general, more stringent than those specified for Class C waste. In the absence of specific requirements in this

Chapter, proposals for disposal of this waste may be submitted to the Department for approval, pursuant to paragraph (9) of this rule.

May, 2012 17 1. If the concentration does not exceed 0.1 times the value in Table 1, the waste is Class A.

If the concentration exceeds 0.1 times the value in Table 1 but does not exceed the value in Table 1, the waste is Class C.
If the concentration exceeds the value in Table 1, the waste is not acceptable for disposal, except under part (b)4 of this paragraph.
For wastes containing mixtures of radionuclides listed in Table 1, the total concentration shall be determined by the sum of fractions rule described in subparagraph (g) of this paragraph.

Table 1 Concentration curies per Radionuclide cubic meter C-14 8 C-14 in activated metal 80 Ni-59 in activated metal 220 Nb-94 in activated metal 0.2 Tc-99 3 I-129 0.08 Alpha emitting transuranic nuclides with half-life greater than five (5) years Pu-241 3,500 Cm-242 20,000 Units are nanocuries per gram.

(d) If radioactive waste does not contain any of the radionuclides listed in Table 1, classification shall be determined based on the concentrations shown in Table 2.

However, as specified in subparagraph (f) of this paragraph, if radioactive waste does not contain any nuclides listed in either Table 1 or 2, it is Class A.

If the concentration does not exceed the value in Column 1, the waste is Class A.
If the concentration exceeds the value in Column 1, but does not exceed the value in Column 2, the waste is Class B.
If the concentration exceeds the value in Column 2, but does not exceed the value in Column 3, the waste is Class C.
If the concentration exceeds the value in Column 3, the waste is not acceptable for disposal, except under part (b)4 of this paragraph.
For wastes containing mixtures of the nuclides listed in Table 2, the total concentration shall be determined by the sum of fractions rule described in subparagraph (g) of this paragraph.

May, 2012 18 Table 2 Concentration, curies per cubic meter Radionuclide Col. 1 Col. 2 Col. 3 Total of all nuclides with less than 5 year half life 700 ( ) ( )

H-3 40 ( ) ( )

Co-60 700 ( ) ( )

Ni-63 3.5 70 700 Ni-63 in activated metal 35 700 7000 Sr-90 0.04 150 7000 Cs-137 1 44 4600 There are no limits established for these radionuclides in Class B or C wastes.

Practical considerations such as the effects of external radiation and internal heat generation on transportation, handling and disposal will limit the concentrations for these wastes. These wastes shall be Class B unless the concentrations of other nuclides in Table 2 determine the waste to be Class C independent of these nuclides.

(e) If radioactive waste contains a mixture of radionuclides, some of which are listed in Table 1 and some of which are listed in Table 2, classification shall be determined as follows:

If the concentration of a nuclide listed in Table 1 does not exceed 0.1 times the value listed in Table 1, the class shall be that determined by the concentration of nuclides listed in Table 2.
If the concentration of a nuclide listed in Table 1 exceeds 0.1 times the value listed in Table 1 but does not exceed the value in Table 1, the waste shall be Class C, provided the concentration of nuclides listed in Table 2 does not exceed the value shown in Column 3 of Table 2.

(f) If radioactive waste does not contain any nuclides listed in either Table 1 or 2, it is Class A.

(g) For determining classification for waste that contains a mixture of radionuclides, it is necessary to determine the sum of fractions by dividing each nuclide’s concentration by the appropriate limit and adding the resulting values. The appropriate limits must all be taken from the same column of the same table. The sum of the factions for the column must be less than 1.0 if the waste class is to be determined by that column. Example: a waste contains Sr-90 in a concentration of 50 Ci/m3 and Cs-137 in a concentration of 22 Ci/m3. Since the concentrations both exceed the values in Column 1, Table 2, they must be compared to Column 2 values. For Sr-90 fraction, 50/150 = 0.33; for Cs-137 fraction, 22/44 = 0.5; the sum of the fractions = 0.83. Since the sum is less than 1.0, the waste is Class B.

(h) The concentration of a radionuclide may be determined by indirect methods such as use of scaling factors which relate the inferred concentration of one radionuclide to another that is measures, or radionuclide material accountability, if there is assurance May, 2012 19 that the indirect methods can be correlated with actual measurements. The concentration of a radionuclide may be averaged over the volume of the waste, or weight of the waste if the units are expressed as nanocuries per gram.

(7) Waste characteristics.

(a) The following requirements are minimum requirements for all classes of waste and are intended to facilitate handling at the disposal site and provide protection of health and safety of personnel at the disposal site.

Waste must not be packaged for disposal in cardboard or fiberboard boxes.
Liquid waste must be solidified or packaged in sufficient absorbent material to absorb twice the volume of the liquid.
Solid waste containing liquid shall contain as little free standing and noncorrosive liquid as is reasonably achievable, but in no case shall the liquid exceed 1 percent of the volume.
Waste must not be capable of detonation or of explosive decomposition or reaction at normal pressures and temperatures or of explosive reaction with water.
Waste must not contain, or be capable of generating, quantities of toxic gases, vapors or fumes harmful to persons transporting, handling or disposing of the waste. This does not apply to radioactive gaseous waste packaged in accordance with part (a)7 of this paragraph.
Waste must not be pyrophoric. Pyrophoric materials contained in waste shall be treated, prepared and packaged to be nonflammable.
Waste in a gaseous form must be packaged at a pressure that does not exceed 1.5 atmospheres at 20 o C. Total activity must not exceed 100 curies per container.
Waste containing hazardous, biological, pathogenic or infectious material must be treated to reduce to the maximum extent practicable the potential hazard from the non-radiological materials.

(b) The requirements in this paragraph are intended to provide stability of the waste.

Stability is intended to ensure that the waste does not structurally degrade and affect overall stability of the site through slumping, collapse or other failure of the disposal unit and thereby lead to water infiltration. Stability is also a factor in limiting exposure to an inadvertent intruder, since it provides a recognizable and nondispersible waste.

Waste must have structural stability. A structurally stable waste form will maintain its physical dimensions and its form, under the expected disposal conditions such as weight of overburden and compaction equipment, the presence of moisture, and microbial activity and internal factors such as radiation effects and chemical changes. Structural stability can be provided by the waste form itself, processing the waste to a stable form or placing the waste in a disposal container or structure that provides stability after disposal.
Notwithstanding the provisions in parts (a)2 and 3 of this paragraph, liquid wastes, or wastes containing liquid, must be converted into a form that contains May, 2012 20 as little free standing and noncorrosive liquid as is reasonably achievable, but in no case shall the liquid exceed 1 percent of the volume of the waste when the waste is in a disposal container designed to ensure stability, or one-half percent of the volume of the waste for waste processed to a stable form.
Void spaces within the waste and between the waste and its package must be reduced to the extent practicable.

(8) Labeling.

Each package of waste must be clearly labeled to identify whether it is Class A waste, Class B waste or Class C waste in accordance with paragraph (6) of this rule.

(9) Alternative requirements for waste classification characteristics.

The Department may, upon request or on its own initiative, authorize other provisions for the classification and characteristics of waste on a specific basis, if, after evaluation of the specific characteristics of the waste, disposal site and method of disposal, it finds assurance of compliance with the performance objectives in Rule 0400-20-11-.16.

(10) Institutional requirements.

(a) Disposal of radioactive waste received from other persons may be permitted only on land owned in fee by the Federal or State government.

(b) The land owner or custodial agency shall carry out an institutional control program to physically control access to the disposal site following transfer of control of the disposal site from the disposal site operator. The institutional control program must also include, but not be limited to, carrying out an environmental monitoring program at the disposal site, periodic surveillance, minor custodial care, and other requirements as determined by the Department; and administration of funds to cover the costs for these activities. The period of institutional controls will be determined by the Department, but institutional controls may not be relied upon for more than 100 years following transfer of control of the disposal site to the owner.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.18 FINANCIAL ASSURANCE

Each applicant shall provide for financial assurance in accordance with paragraphs (4) and (5) of Rule

Tenn. Comp. R. & Regs. 0400-20-10-.12 and this Chapter.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-11-.19 RECORDS, REPORTS, TESTS AND INSPECTIONS

(1) Maintenance of records, reports and transfers.

(a) Each licensee shall maintain any records and make any reports in connection with the licensed activities as may be required by the conditions of the license or by the rules, regulations, and orders of the Department.

May, 2012 21 (b) Records which are required by the regulations or by license conditions must be maintained for a period specified by the appropriate regulations or by license condition.

If a retention period is not otherwise specified, these records must be maintained and transferred to the officials specified in subparagraph (e) of this paragraph as a condition of license termination unless the Department otherwise authorizes their disposition.

(c) Records which must be maintained may be the original or a reproduced copy or microfilm if this reproduced copy or microfilm is capable of producing copy that is clear and legible at the end of the required retention period.

(d) If there is a conflict between the Department regulations, license condition, or other written Department approval or authorization pertaining to the retention period of the same type of record, the longest retention period specified takes precedence.

(e) Notwithstanding subparagraphs (a) through (d) of this paragraph, copies of records of the location and the quantity of radioactive wastes contained in the disposal site must be transferred upon license termination to the chief executive of the nearest municipality, the chief executive of the county in which the facility is located, the county zoning board or land development and planning agency, the State governor and other State and local governmental agencies as designated by the Department at the time of license termination.

(f) Following receipt and acceptance of a shipment of radioactive waste, the licensee shall record the date of disposal of the waste, the location in the disposal site, the condition of the waste packages as received, any discrepancies between materials listed on the manifest and those received, and any evidence of leaking or damaged packages or radiation or contamination levels in excess of limits specified in U.S. Department of Transportation and Department regulations. The licensee shall briefly describe any repackaging operations of any of the waste packages included in the shipment, plus any other information required by the Department as a license condition.

(g) Each licensee authorized to dispose of radioactive waste received from other persons shall file a copy of its financial report or a certified financial statement annually with the Department in order to update the information base for determining financial assurances.

(h) Reports shall be submitted by the end of the first calendar quarter of each year for the preceding year. The reports shall include:

Specification of the quantity of each of the principal radionuclides released to unrestricted areas in liquid and in airborne effluents during the preceding year;
The results of the environmental monitoring program;
A summary of licensee disposal unit survey and maintenance activities;
A summary, by waste class, of activities and quantities of radionuclides disposed of;
Any instances in which observed site characteristics were significantly different from those described in the application for a license; and 6. Any other information the Department may require.

May, 2012 22 If the quantities of radioactive materials released during the reporting period, monitoring results or maintenance performed are significantly different from those expected in the materials previously reviewed as part of the licensing action, the report must cover this specifically.

(i) Any transfer of radioactive materials by the licensee is subject to the requirements in these rules.

(2) Tests at land disposal facilities.

(a) Each licensee shall perform, or permit the Department to perform if the Department requests, any tests as the Department deems appropriate or necessary for the administration of these regulations, including tests of:

Radioactive wastes and facilities used for the receipt, storage, treatment, handling and disposal of radioactive wastes, 2. Radiation detection and monitoring instruments; and 3. Other equipment and devices used in connection with the receipt, possession, handling, treatment, storage or disposal of radioactive waste.

(b) Reserved.

(3) Inspections of land disposal facilities.

(a) Each licensee shall afford to the Department at all reasonable times opportunity to inspect radioactive waste not yet disposed of, and the premises, equipment, operations and facilities in which radioactive wastes are received, possessed, handled, treated, stored or disposed of.

(b) Each licensee shall make available to the Department for inspection, upon reasonable notice, records kept by it pursuant to these rules. Authorized representatives of the Department may copy and take away copies of, for the Department’s use, any record kept pursuant to achieving compliance with these rules.

History

Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Chapter 0400-20-12 Radiation Safety Requirements for Well Logging (Transferred from 1200-02-12 which was repealed)

Tenn. Comp. R. & Regs. 0400-20-12-.01 PURPOSE

This chapter prescribes requirements for the issuance of a license or acceptance of registration authorizing the use of sources of radiation including sealed sources, radioactive tracers, radioactive markers, and uranium sinker bars in well logging in a single well. This chapter also prescribes radiation safety requirements for persons using sources of radiation in these operations.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.02 SCOPE

The provisions and requirements of this chapter are in addition to, and not in substitution for, other requirements of these rules. The requirements set out in this chapter are not to be used to apply for the issuance of a license authorizing the use of radioactive material in tracer studies involving multiple wells, such as field flooding studies, or the use of sealed sources auxiliary to well logging but not lowered into wells.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.03 DEFINITIONS

As used in this chapter, certain terms have the definitions set forth below. (Additional definitions may be found in Rules 0400-20-04-.04, 0400-02-05-.32, 0400-20-06-.03, 0400-20-07-.05, 0400-20-08-.03, 0400- 20-09-.03, 0400-20-11-.03, 0400-20-13-.01, and 0400-20-14-.03.)

(1) “Aquifer” means a formation, group of formations, or part of a formation that contains a sufficient quantity of permeable material to yield significant quantities of water for wells and springs.

(2) “Energy compensation source (ECS)” means a small sealed source, with an activity not exceeding 3.7 MBq (100 microcuries), used within a logging tool, or other tool components, to provide a reference standard to maintain the tool’s calibration when in use.

(3) “Field station” means a facility where sources of radiation may be stored or used and from which equipment is dispatched to temporary job-sites.

(4) “Fresh water aquifer” means, for the purpose of this chapter, a geologic formation that is capable of yielding fresh water to a well or spring.

(5) “Injection tool” means a device used for controlled subsurface injection of radioactive tracer material.

(6) “Irretrievable well logging source” means any sealed source containing radioactive material that is pulled off or not connected to the wireline that suspends the source in the well and for which all reasonable effort at recovery has been expended.

(7) “Logging assistant” means any individual who, under the personal supervision of a logging supervisor, handles sources of radiation or radioactive tracers that are not in logging tools or shipping containers or who performs surveys required by Rule 0400-20-12-.21.

(8) “Logging supervisor” means an individual who uses sources of radiation or provides personal supervision in the use of sources of radiation at a temporary job-site and who is responsible to the licensee or registrant for assuring compliance with the requirements of these regulations and the conditions of the license or registration.

(9) “Logging tool” means a device used subsurface to perform well logging.

(10) “Personal supervision” means guidance and instruction by a logging supervisor who is physically present at a temporary job-site, who is in personal contact with logging assistants, and who can give immediate assistance.

(11) “Radioactive marker” means radioactive material used for depth determination or direction orientation. For purposes of this chapter, this term includes radioactive collar markers and radioactive iron nails.

(12) “Safety review” means a periodic review provided by the licensee or registrant for its employees on radiation safety aspects of well logging. The review may include, as appropriate, the results of internal inspections, new procedures or equipment, accidents or errors that have been observed, and opportunities for employees to ask safety questions.

(13) “Sealed source” - See Rule 0400-20-04-.04.

(14) “Source holder” means a housing or assembly into which a sealed source is placed to facilitate the handling and use of the source in well logging.

(15) “Subsurface tracer study” means the release of unsealed radioactive material or a substance labeled with radioactive material in a single well for the purpose of tracing the movement or position of the material or substance in the well or adjacent formation.

(16) “Surface casing for protecting fresh water aquifers” means a pipe or tube used as a lining in a well to isolate fresh water aquifers from the well.

(17) “Temporary job-site” means a place where sources of radiation are present for the purpose of performing well logging including subsurface tracer studies.

(18) “Tritium neutron generator target source” means a tritium source used within a neutron generator tube to produce neutrons for use in well logging applications.

(19) “Uranium sinker bar” means a weight containing depleted uranium used to pull a logging tool toward the bottom of a well.

(20) “Well” means a bored, drilled, driven or dug shaft or hole whose depth is greater than the largest surface dimension.

(21) “Well logging” means all operations involving the lowering and raising of measuring devices or tools which contain sources of radiation or are used to detect radioactive materials in wells for the purpose of obtaining information about the well or adjacent formations.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-12-.04 REGISTRATION OR APPLICATION FOR A LICENSE

A person, as defined in Chapter 0400-20-05, shall file an application for a license authorizing the use of radioactive material in well logging or register radiation producing machines for use in well logging with the Division at the address in Rule 0400-20-04-.07.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.05 REGISTRATION AND LICENSE FOR WELL LOGGING

(1) The Department may approve an application for a license for the use of radioactive material in well logging or a registration if the following requirements are met:

(a) The applicant shall satisfy the general requirements specified in Rules 0400-20-10-.12 and 0400-20-10-.24 and any special requirements contained in this chapter;

(b) The applicant or registrant shall develop a program for training logging supervisors and logging assistants and submit a description of this program which specifies the:

Initial training;
On-the-job training;
Annual safety reviews provided by the licensee or registrant;
Means the applicant or registrant will use to demonstrate the logging supervisor’s knowledge and understanding of and ability to comply with the regulations, license, and the applicant’s or registrant’s operating and emergency procedures; and 5. Means the applicant or registrant will use to demonstrate the logging assistant’s knowledge and understanding of and ability to comply with the applicant’s operating and emergency procedures;

(c) The applicant or registrant shall submit written operating and emergency procedures as described in Rule 0400-20-12-.19 or an outline or summary of the procedures that includes the important radiation safety aspects of the procedures;

(d) The applicant or registrant shall establish and submit its program for annual inspections of the job performance of each logging supervisor to ensure that the regulations, license, and the applicant’s or registrant’s operating and emergency procedures are followed. Inspection records must be retained for 3 years after each annual internal inspection;

(e) The applicant or registrant shall submit a description of its overall organizational structure as it applies to the radiation safety responsibilities in well logging, including specified delegations of authority and responsibility; and (f) If an applicant wants to perform leak testing of sealed sources, the applicant shall identity the manufacturers and the model numbers of the leak test kits to be used. If the applicant wants to analyze its own wipe samples, the applicant shall establish procedures to be followed and submit a description of these procedures. The description must include the:

Instruments to be used;
Methods of performing the analysis; and 3. Experience of the person who will analyze the wipe samples. Experience shall be commensurate with the analysis to be made.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.06 AGREEMENT WITH WELL OWNER OR OPERATOR

(1) A licensee may perform well logging with a sealed source only after the licensee has a written agreement with the employing well owner or operator. This written agreement must identify who will meet the following requirements:

(a) If a sealed source becomes lodged in the well, a reasonable effort will be made to recover it;

(b) A person may not attempt to recover a sealed source in a manner which is reasonably expected to result in its rupture;

(d) If the environment, any equipment, or personnel are contaminated with radioactive material, they must be decontaminated before release for unrestricted use or release from the site; and (e) If the sealed source is classified as irretrievable after reasonable efforts at recovery have been expended, the following requirements must be implemented within 30 days:

Each irretrievable well logging source must be immobilized and sealed in place with a cement plug.
A means to prevent inadvertent intrusion on the source, unless the source is not accessible to any subsequent drilling operations; and, 3. A permanent identification plaque, constructed of long lasting material such as stainless steel, brass, bronze, or monel, must be mounted at the surface of the well, unless the mounting of the plaque is not practical. The size of the plaque must be at least 7 inches (17 cm) square and 1/8-inch (3 mm) thick. The plaque must contain:

(i) The word “CAUTION”;

(ii) The radiation symbol (the color requirement in paragraph (1) of Rule 0400- 20-05-.110 need not be met);

(iii) The date the source was abandoned;

(iv) The name of the well owner or well operator, as appropriate;

(v) The well name and well identification number(s) or other designation;

(vi) An identification of the sealed source(s) by radionuclide and quantity;

(vii) The depth of the source and depth to the top of the plug; and (viii) An appropriate warning, depending on the specific circumstances of each abandonment.

(2) The licensee shall retain a copy of the written agreement for 3 years after the completion of the well logging operation.

(3) A licensee may apply for approval, on a case-by-case basis, of proposed procedures to abandon an irretrievable well logging source in a manner not otherwise authorized in subparagraph (1)(e) of this rule.

(4) A written agreement between the licensee and the well owner or operator is not required if the licensee and the well owner or operator are part of the same corporate structure or otherwise similarly affiliated. However, the licensee shall still otherwise meet the requirements in subparagraph (1)(a) through (e) of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.07 LABELS, SECURITY, AND TRANSPORTATION PRECAUTIONS

(1) Labels.

(a) The licensee may not use a source, source holder, or logging tool that contains radioactive material unless the smallest component that is transported as a separate piece of equipment with the radioactive material inside bears a durable, legible, and clearly visible marking or label. The marking or label must contain the radiation symbol specified in paragraph (1) of Rule 0400-20-05-.110 without the conventional color requirements, and the wording “DANGER (or CAUTION) RADIOACTIVE MATERIAL.”

Appropriate warnings may include: (a) “Do not drill below plug-back depth”; (b) “Do not enlarge casing”; or (c) “Do not re-enter the hole” followed by the words, “before contacting the Division of Radiological Health.”

(b) The licensee may not use a container to store radioactive material unless the container has securely attached to it a durable, legible, and clearly visible label. The label must contain the radiation symbol specified in paragraph (1) of Rule 0400-20-05-.110 and the wording “CAUTION (or DANGER), RADIOACTIVE MATERIAL, NOTIFY CIVIL AUTHORITIES (or NAME OF COMPANY).”

(c) The licensee may not transport radioactive material unless the material is packaged, labeled, marked, and accompanied with appropriate shipping papers in accordance with Rule 0400-20-10-.30.

(2) Security precautions during storage and transportation.

(a) The licensee or registrant shall store each source of radiation in a storage container or transportation package. The container or package must be locked and physically secured to prevent tampering or removal of sources of radiation from storage by unauthorized personnel. The licensee shall store radioactive material in a manner which will minimize danger from explosion or fire.

(b) The licensee or registrant shall lock and physically secure the transport packages containing sources of radiation in the transporting vehicle to prevent accidental loss, tampering, or unauthorized removal of the sources of radiation from the vehicle.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.08 RADIATION DETECTION INSTRUMENTS

(1) The licensee or registrant shall keep a calibrated and operable radiation survey instrument capable of detecting, as appropriate, beta, gamma and x-ray radiation at each field station and temporary job-site to make the radiation surveys required by this chapter and by Chapter 0400-20-05. To satisfy this requirement, the radiation survey instrument must be capable of measuring 0.001 mSv (0.1 mrem) per hour through at least 0.5 mSv (50 mrem) per hour.

(2) The licensee shall have available additional calibrated and operable radiation detection instruments sensitive enough to detect the low radiation and contamination levels that could be encountered if a sealed source ruptured. The licensee may own the instruments or may have a procedure to obtain them quickly from a second party.

(3) The licensee or registrant shall have each radiation survey instrument required under paragraph (1) of this rule calibrated:

(a) At intervals not to exceed 6 months and after instrument servicing;

(b) For linear scale instruments, at two points located approximately 1/3 and 2/3 of fullscale on each scale; for logarithmic scale instruments, at midrange of each decade, and at two points of at least one decade; and for digital instruments, at appropriate points; and (c) So that an accuracy within plus or minus 20 percent of the calibration standard can be demonstrated on each scale.

(4) The licensee or registrant shall retain calibration records for a period of 3 years after the date of calibration for inspection by the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.09 LEAK TESTING OF SEALED SOURCES

(1) Testing and record keeping requirements.

Each licensee who uses a sealed source shall have the source tested for leakage periodically. The licensee shall keep a record of leak test results in units of microcuries and retain the record for inspection by the Division for 3 years after the leak test is performed.

(2) Method of testing.

The wipe of a sealed source shall be performed using a leak test kit or method approved by the Division, U.S. Nuclear Regulatory Commission, a Licensing State or an Agreement State.

The wipe sample shall be taken from the nearest accessible point to the sealed source where contamination might accumulate. The wipe sample shall be analyzed for radioactive contamination. The analysis shall be capable of detecting the presence of 0.005 microcurie (185 Bq) of radioactive material on the test sample and shall be performed by a person approved by the Division, U.S. Nuclear Regulatory Commission, a Licensing State or an Agreement State to perform the analysis.

(3) Test frequency.

(a) Each sealed source (except an energy compensation source [ECS]) shall be tested at intervals not to exceed 6 months. In the absence of a certificate from a transferor that a test has been made within the 6 months before the transfer, the sealed source shall not be used until tested.

(b) Each ECS that is not exempt from testing in accordance with paragraph (5) of this rule shall be tested at intervals not to exceed 3 years. In the absence of a certificate from a transferor that a test has been made within the 3 years before the transfer, the ECS may not be used until tested.

(4) Removal of leaking source from service:

(a) If the test conducted pursuant to paragraphs (1) and (2) of this rule reveals the presence of 0.005 microcurie (185 Bq) or more of removable radioactive material, the licensee shall remove the sealed source from service immediately and have it decontaminated, repaired, or disposed of by an Agreement State, U.S. Nuclear Regulatory Commission, or a Licensing State licensee that is authorized to perform these functions. The licensee shall check the equipment associated with the leaking source for radioactive contamination and, if contaminated, have it decontaminated or disposed of by a Department, U.S. Nuclear Regulatory Commission, an Agreement State or Licensing State licensee that is authorized to perform these functions.

(b) Licensees shall submit written reports to the Division, at the address in Rule 0400-20- 04-.07, within 5 days of receiving the test results. The report must describe the equipment involved in the leak, the test results, any contamination which resulted from the leaking source, and the corrective actions taken up to the time the report is made.

(5) The following sealed sources are not subject to the periodic leak test requirements set out in paragraphs (1) through (4) of this rule:

(a) Hydrogen-3 sources;

(b) Sources containing radioactive material with a half-life of 30 days or less;

(d) Sources of beta- or gamma-emitting radioactive material with an activity of 100 microcuries (3,700,000 Bq) or less; and (e) Sources of alpha- or neutron-emitting radioactive material with an activity of 10 microcuries (370,000 Bq) or less.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.10 PHYSICAL INVENTORY

Each licensee or registrant shall conduct a semi-annual physical inventory to account for all sources of radiation received and possessed. The licensee or registrant shall retain records of the inventory for 3 years from the date of the inventory for inspection by the Division. The inventory must indicate the quantity and kind of sources of radiation, the location of the sources of radiation, the date of the inventory, and the name of the individual conducting the inventory. Physical inventory records may be combined with leak test records.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.11 RECORDS OF MATERIAL USE

(1) Each licensee or registrant shall maintain records for each use of sources of radiation showing:

(a) The make, model number, and a serial number or a description of each source of radiation used;

(b) In the case of unsealed material used for subsurface tracer studies, the radionuclide and quantity of activity used in a particular well and the disposition of any unused tracer material;

(c) The identity of the logging supervisor who is responsible for the sources of radiation and the identity of logging assistants present; and (d) The location and date of use of the sources of radiation.

(2) The licensee or registrant shall make the records required by paragraph (1) of this rule available for inspection by the Division. The licensee or registrant shall retain the records for 3 years from the date of the recorded event.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.12 DESIGN AND PERFORMANCE CRITERIA FOR SEALED SOURCES

(1) A licensee may use a sealed source in well logging if the sealed source:

(a) Is doubly encapsulated;

(b) Contains licensed material whose chemical and physical forms are as insoluble and nondispersible as practical; and (c) Meets the requirements in paragraphs (2), (3) and (4) of this rule.

(2) For a sealed source manufactured on or before July 14, 1989, a licensee may use the sealed source, for use in well logging applications if it meets the requirements of USASI N5.10-1968, “Classification of Sealed Radioactive Sources,” or the requirements in paragraph (3) or (4) of this rule.

(3) For a sealed source manufactured after July 14, 1989, a licensee may use the sealed source, for use in well logging applications if it meets the oil-well logging requirements of ANSI/HPS N43.6-1997, “Sealed Radioactive Sources - Classification.”

(4) For a sealed source manufactured after July 14, 1989, a licensee may use the sealed source, for use in well logging applications, if:

(a) The sealed source’s prototype has been tested and found to maintain its integrity after each of the following tests:

Temperature.

The test source must be held at – 40º C for 20 minutes, 600º C for 1 hour, and then be subject to a thermal shock test with a temperature drop from 600º C to 20º C within 15 seconds.

Impact test.

A 5 kg steel hammer, 2.5 cm in diameter, must be dropped from a height of 1 m onto the test source.

Vibration.

The test source must be subject to a vibration from 25 Hz to 500 Hz at 5 g amplitude for 30 minutes.

Puncture test.

A 1 gram hammer and pin, 0.3 cm pin diameter must be dropped from a height of 1 m onto the test source.

Pressure test.

The test source must be subjected to an external pressure of 24,600 pounds per square inch absolute (1.695 x 10 pascals).

(5) The requirements in paragraphs (1), (2), (3) and (4) of this rule do not apply to sealed sources that contain licensed material in gaseous form.

(6) The requirements in paragraph (1), (2), (3) and (4) of this rule do not apply to energy compensation sources (ECS). ECSs shall be registered with the Nuclear Regulatory Commission under 10 CFR 32.210 or with an Agreement State.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.13 INSPECTION, MAINTENANCE, AND OPENING OF SOURCES OF RADIATION

(1) Each licensee or registrant shall visually check sources of radiation including source holders, logging tools, and source handling tools, for defects before each use to ensure that the equipment is in good working condition and that required labeling is present. If defects are found, the equipment must be removed from service until repaired, and a record must be made listing:

(a) The date of check;

(b) Name of inspector;

(d) Defects found; and (e) Repairs made.

(2) The required records in paragraph (1) of this rule must be maintained for 3 years after the defect is found.

(3) Each licensee or registrant shall have a program for semiannual visual inspection and routine maintenance of sources of radiation including source holder, logging tools, injection tools, source handling tools, storage containers, transport containers, and uranium sinker bars to ensure that the required labeling is legible and that no physical damage is visible. If defects are found, the equipment must be removed from service until repaired, and a record must be made listing:

(a) The date of check;

(b) Equipment involved;

(d) Any defects found; and (e) Any actions taken to correct the defects.

(4) The records required in paragraph (3) of this rule must be retained for 3 years after the defect is found.

(5) Removal of a sealed source from a source holder or logging tool, and maintenance on sealed sources or holders in which sealed sources are contained may not be performed by the licensee unless a written procedure developed pursuant to Rule 0400-20-12-.19 has been approved either by the Division pursuant to subparagraph (1)(c) of Rule 0400-20-12-.05 or by the U.S. Nuclear Regulatory Commission, a Licensing State or an Agreement State.

(6) If a sealed source is stuck in the source holder, the licensee may not perform any operation, such as drilling, cutting, or chiseling, on the source holder unless the licensee is specifically approved by the Division, U.S. Nuclear Regulatory Commission, a Licensing State or an Agreement State to perform this operation.

(7) The opening, repair, or modification of any sealed source must be performed by persons specifically approved to do so by the Division, U.S. Nuclear Regulatory Commission, a Licensing State or an Agreement State.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.14 SUBSURFACE TRACER STUDIES

(1) The licensee shall require all personnel handling radioactive tracer material to use protective gloves and, if required by the license, other protective clothing and equipment. The licensee shall take precautions to avoid ingestion or inhalation of radioactive tracer material and to avoid contamination of field stations and temporary job-sites.

(2) A licensee may not knowingly inject radioactive material into aquifers unless specifically authorized to do so by the Division of Radiological Health and any other appropriate State agency.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.15 RADIOACTIVE MARKERS

The licensee may use radioactive markers in wells only if the individual markers contain quantities of radioactive material not exceeding the quantities specified in Schedule RHS 8-31, Rule 0400-20-05-.161.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.16 URANIUM SINKER BARS

The licensee may use a uranium sinker bar in well logging only if it is legibly impressed with the words “CAUTION - RADIOACTIVE - DEPLETED URANIUM” and “NOTIFY CIVIL AUTHORITIES (or COMPANY NAME) IF FOUND.”

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.17 USE OF A SEALED SOURCE IN A WELL WITHOUT A SURFACE CASING

The licensee may use a sealed source in a well without a surface casing for protecting aquifers only if the licensee follows a procedure for reducing the probability of the source becoming lodged in the well. The procedure must be approved by the Division pursuant to subparagraph (1)(c) of Rule 0400-20-12-.05 or by the U.S. Nuclear Regulatory Commission, a Licensing State or another Agreement State.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.18 TRAINING

(1) The licensee or registrant may not permit an individual to act as a logging supervisor until that person:

(a) Has completed training in the subjects outlined in paragraph (5) of this rule;

(b) Has received copies of, and instruction in:

These regulations;
The license or registration under which the logging supervisor will perform well logging; and 3. The licensee’s or registrant’s operating and emergency procedures required by

Rule 0400-20-12-.19;

(c) Has completed on-the-job training and demonstrated competence in the use of sources of radiation, remote handling tools and radiation survey instruments by a field evaluation; and (d) Has demonstrated understanding of the requirements in subparagraphs (a) and (b) of this paragraph by successfully completing a written test.

(2) The licensee or registrant may not permit an individual to act as a logging assistant until that person:

(a) Has received instruction in applicable sections of these regulations;

(b) Has received copies of, and instruction in, the licensee’s or registrant’s operating and emergency procedures required by Rule 0400-20-12-.19;

(c) Has demonstrated understanding of these regulations and of the licensee’s or registrant’s operating and emergency procedures listed in subparagraphs (a) and (b) of this paragraph by successfully completing a written or oral test; and (d) Has received instruction in the use of sources of radiation, remote handling tools, and radiation survey instruments, as appropriate for the logging assistant’s intended job responsibilities.

(3) The licensee or registrant shall provide safety reviews for logging supervisors and logging assistants at least once during each calendar year.

(4) The licensee shall maintain a record on each logging supervisor’s and logging assistant’s training and annual safety review. The training records must include copies of written tests and dates of oral tests. The training records must be retained until 3 years following the termination of employment. Records of annual safety reviews must list the topics discussed and be retained for 3 years.

(5) The licensee or registrant shall include the following subjects in the training required in subparagraph (1)(a) of this rule:

(a) Fundamentals of radiation safety including:

Characteristics of radiation;
Units of radiation dose and quantity of radioactivity;
Hazards of exposure to radiation;
Levels of radiation from sources of radiation;
Methods of controlling radiation dose (time, distance, and shielding); and 6. Radiation safety practices, including prevention of contamination, and methods of decontamination.

(b) Radiation detection instruments including:

Use, operation, calibration, and limitations of radiation survey instruments;
Survey techniques; and 3. Use of personnel monitoring equipment.

Operation of equipment, including source handling equipment and remote handling tools;
Storage, control, and disposal of radioactive material; and 3. Maintenance of equipment;

(d) The requirements of pertinent regulations; and (e) Case histories of accidents in well logging.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.19 OPERATING AND EMERGENCY PROCEDURES

(1) Each licensee or registrant shall develop and follow written operating and emergency procedures that cover:

(a) The handling and use of sources of radiation including the use of sealed sources in wells without surface casing for protecting aquifers, if appropriate;

(b) The use of remote handling tools for handling sealed sources and radioactive tracer material except low-activity calibration sources;

(c) Methods and occasions for conducting radiation surveys, including surveys for detecting contamination, as required by paragraphs (3) through (5) of Rule 0400-20-12- .21;

(d) Minimizing personnel exposure including exposures from inhalation and ingestion of radioactive tracer materials;

(e) Methods and occasions for locking and securing stored sources of radiation;

(f) Personnel monitoring and the use of personnel monitoring equipment;

(g) Transportation of radioactive materials to field stations or temporary job-sites, packaging of radioactive materials for transport in vehicles, placarding of vehicles when needed, and physically securing sources of radiation in transport vehicles during transportation to prevent accidental loss, tampering, or unauthorized removal;

(h) Picking up, receiving, and opening packages containing radioactive materials, in accordance with Rule 0400-20-05-.115;

(i) For the use of tracers, decontamination of the environment, equipment, and personnel;

(j) Maintenance of records generated by logging personnel at temporary job-sites;

(k) The inspection and maintenance of sources of radiation including sealed sources, source holders, logging tools, injection tools, source handling tools, storage containers, transport containers, and uranium sinker bars as required by Rule 0400-20-12-.13;

(l) Identifying and reporting to the Division defects and noncompliance as required;

(m) Actions to be taken if a sealed source is lodged in a well;

(n) Instructions for notifying responsible persons in the event of an accident; and (o) Actions to be taken if a sealed source is ruptured including actions to prevent the spread of contamination and minimize inhalation and ingestion of radioactive materials and actions to obtain suitable radiation survey instruments as required by paragraph (2) of Rule 0400-20-12-.08.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.20 PERSONNEL MONITORING

(1) The licensee or registrant shall not permit an individual to act as a logging supervisor or logging assistant unless that person wears a personnel dosimeter at all times during the handling of licensed radioactive materials. Each personnel dosimeter shall be assigned to and worn by only one individual. Film badges shall be replaced at least monthly and other personnel dosimeters that require replacement must be replaced at least quarterly. All personnel dosimeters must be evaluated at least quarterly, or promptly after replacement, whichever is more frequent.

(2) The licensee shall provide bioassay services to individuals using radioactive materials in subsurface tracer studies if required by the license.

(3) The licensee or registrant shall retain records of personnel dosimeters and bioassay results for inspection until the Division authorizes disposition of the records.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-12-.21 RADIATION SURVEYS

(1) The licensee or registrant shall make all radiation surveys necessary, including the surveys required under paragraphs (2) through (5) of this rule, to ensure protection of health and safety of each area where radioactive materials and other sources of radiation are used and stored.

(2) Before transporting radioactive materials, the licensee shall make a radiation survey of the position occupied by each individual in the vehicle and of the exterior of each vehicle used to transport the radioactive materials.

(3) If the sealed source assembly is removed from the logging tool before departure from the temporary job-site, the licensee shall confirm that the logging tool is free of contamination by energizing the logging tool detector or by using a survey meter.

(4) If the licensee has reason to believe that, as a result of any operation involving a sealed source, the encapsulation of the sealed source could be damaged by the operation, the licensee shall conduct a radiation survey, including a contamination survey, during and after the operation.

(5) The licensee shall make a radiation survey at the temporary job-site before and after each subsurface tracer study to confirm the absence of contamination.

(6) The results of surveys required under paragraphs (1) through (5) of this rule must be recorded and must include the date of the survey, the name of the individual making the survey, the identification of the survey instrument used, and the location of the survey. The licensee or registrant shall retain records of surveys for inspection by the Division for 3 years after they are made.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.22 RADIOACTIVE CONTAMINATION CONTROL

(1) If the licensee detects evidence that a sealed source has ruptured or radioactive materials have caused contamination, the licensee shall initiate immediately the emergency procedures required by Rule 0400-20-12-.19.

(2) If contamination results from the use of radioactive material in well logging, the licensee shall decontaminate all work areas, equipment, and unrestricted areas.

(3) During efforts to recover a sealed source lodged in the well, a licensee shall continuously monitor, with an appropriate radiation detection instrument or logging tool with a radiation detector, the circulating fluids from the well, if any, to check for contamination resulting from damage to the sealed source.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.23 SECURITY

(1) A logging supervisor must be physically present at a temporary job-site whenever sources of radiation are being handled or are not stored and locked in a vehicle or storage place. The logging supervisor may leave the job-site in order to obtain assistance if a source becomes lodged in a well.

(2) During well logging, except when radiation sources are below ground or in shipping or storage containers, the logging supervisor or other individual designated by the logging supervisor shall maintain direct surveillance of the operation to prevent unauthorized entry into a restricted area, as defined in Rule 0400-20-05-.32.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.24 DOCUMENTS AND RECORDS REQUIRED AT FIELD STATIONS

(1) Each licensee or registrant shall maintain the following documents and records at the field station:

(a) A copy of these regulations;

(b) The license authorizing the use of radioactive material or registration;

(d) The record of radiation survey instrument calibrations required by Rule 0400-20-12-.08;

(e) The record of leak test results required by Rule 0400-20-12-.09;

(f) Physical inventory records required by Rule 0400-20-12-.10;

(g) Utilization records required by Rule 0400-20-12-.11;

(h) Records of inspection and maintenance required by Rule 0400-20-12-.13;

(i) Training records required by paragraph (4) of Rule 0400-20-12-.18; and (j) Survey records required by paragraph (6) of Rule 0400-20-12-.21.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.25 DOCUMENTS AND RECORDS REQUIRED AT TEMPORARY JOB-SITES

(1) Each licensee or registrant conducting operations at a temporary job-site shall maintain the following documents and records at the temporary job-site until the well logging operation is completed:

(a) Operating and emergency procedures required by Rule 0400-20-12-.19;

(b) Evidence of latest calibration of the radiation survey instruments in use at the site required by Rule 0400-20-12-.08;

(d) The shipping papers for the transportation of radioactive materials; and (e) When operating under reciprocity pursuant to Rule 0400-20-10-.29, a copy of the license authorizing use of radioactive materials or a copy of registration for other sources of radiation.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-202-101, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.26 NOTIFICATION OF INCIDENTS AND LOST SOURCES; ABANDONMENT

PROCEDURES FOR IRRETRIEVABLE SOURCES.

(1) The licensee shall immediately notify the Division of Radiological Health by telephone and subsequently, within 30 days, by confirmatory letter if the licensee knows or has reason to believe that a sealed source has been ruptured. The letter must designate the well or other location, describe the magnitude and extent of the escape of radioactive materials, assess the consequences of the rupture, and explain efforts planned or being taken to mitigate these consequences.

(2) The licensee or registrant shall notify the Division of Radiological Health of the theft or loss of radioactive materials, radiation overexposures, excessive levels and concentrations of radiation, and certain other accidents as required by Rules 0400-20-05-.140, 0400-20-05- .141, and 0400-20-05-.143.

(3) If a sealed source becomes lodged in a well, and when it becomes apparent that efforts to recover the sealed source will not be successful, the licensee shall:

(a) Notify the Division of Radiological Health by telephone of the circumstances that resulted in the inability to retrieve the source and:

Obtain Division approval to implement abandonment procedures; or 2. That the licensee implemented abandonment before receiving Division approval because the licensee believed there was an immediate threat to public health and safety; and (b) Advise the well owner or operator as appropriate, of the abandonment procedures under paragraph (1) or (3) of Rule 0400-20-12-.06; and (c) Either ensure that abandonment procedures are implemented within 30 days after the sealed source has been classified as irretrievable or request an extension of time if unable to complete the abandonment procedures.

(4) Within 30 days after a sealed source has been classified as irretrievable, the licensee shall make a written report to the Division at the address in Rule 0400-20-04-.07. The licensee shall send a copy of the report to each state or Federal agency that issued permits or otherwise approved of the drilling operation. The report must contain the following information:

(a) Date of occurrence;

(b) A description of the irretrievable well logging source involved including the radionuclide and its quantity, chemical, and physical form;

(d) Results of efforts to immobilize and seal the source in place;

(e) A brief description of the attempted recovery effort;

(f) Depth of the source;

(g) Depth of the top of the cement plug;

(h) Depth of the well;

(i) The immediate threat to public health and safety justification for implementing abandonment if prior Division approval was not obtained in accordance with part (3)(a)2 of this rule;

(j) Any other information, such as a warning statement, contained on the permanent identification plaque; and (k) State and Federal agencies receiving a copy of this report.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.27 ENERGY COMPENSATION SOURCE

(1) The licensee may use an energy compensation source (ECS) that is contained within a logging tool, or other tool components, only if the ECS contains quantities of licensed material not exceeding 100 microcuries (3.7 MBq).

(a) For well logging with a surface casing for protecting fresh water aquifers, use of the ECS is only subject to the requirements of Rules 0400-20-12-.09, -.10 and -.11.

(b) For well logging without a surface casing for protecting fresh water aquifers, use of the ECS is only subject to the requirements of Rules 0400-20-12-.06, -.09, -.10, -.11, -.17 and -.26.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Tenn. Comp. R. & Regs. 0400-20-12-.28 TRITIUM NEUTRON GENERATOR TARGET SOURCE

(1) Use of a tritium neutron generator target source, containing quantities not exceeding 30 curies (1,110 MBq) and in a well with a surface casing to protect fresh water aquifers, is subject to the requirements of this chapter except Rules 0400-20-12-.06, -.12, and -.26.

(2) Use of a tritium neutron generator target source, containing quantities exceeding 30 curies (1,110 MBq) or in a well without a surface casing to protect fresh water aquifers, is subject to the requirements of this chapter except Rule 0400-20-12-.12.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed February 22, 2012; effective May 22, 2012.

Chapter 0400-20-13 Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material

Tenn. Comp. R. & Regs. 0400-20-13-.01 GENERAL PROVISIONS

(1) Purpose.

This chapter has been established to provide the requirements for the physical protection program for any licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material listed in Table 1 of Rule 0400-20-13-.08. These requirements provide reasonable assurance of the security of category 1 or category 2 quantities of radioactive material by protecting these materials from theft or diversion. Specific requirements for access to material, use of material, transfer of material, and transport of material are included. No provision of this chapter authorizes possession of licensed material.

(2) Scope.

(a) Rules 0400-20-13-.02 and 0400-20-13-.03 apply to any person who, under the rules in

Rule Division 0400-20, possesses or uses at any site, an aggregated category 1 or category 2 quantity of radioactive material.

(b) Rule 0400-20-13-.04 applies to any person who, under the rules in Rule Division 0400- 20:

Transports or delivers to a carrier for transport in a single shipment, a category 1 or category 2 quantity of radioactive material; or 2. Imports or exports a category 1 or category 2 quantity of radioactive material; the provisions only apply to the domestic portion of the transport.

(3) Definitions.

As used in this chapter:

(a) “Access control” means a system for allowing only approved individuals to have unescorted access to the security zone and for ensuring that all other individuals are subject to escorted access.

(b) “Act” means the Atomic Energy Act of 1954 (68 Stat. 919), including any amendments thereto.

(c) “Aggregated” means accessible by the breach of a single physical barrier that would allow access to radioactive material in any form, including any devices that contain the radioactive material, when the total activity equals or exceeds a category 2 quantity of radioactive material.

(d) “Agreement State” means any state with which the Atomic Energy Commission or the U.S. Nuclear Regulatory Commission has entered into an effective agreement under subsection 274b. of the Act. “Non-agreement State” means any other state.

(e) “Approved individual” means an individual whom the licensee has determined to be trustworthy and reliable for unescorted access in accordance with Rule 0400-20-13-.02 and who has completed the training required by subparagraph (2)(c) of Rule 0400-20- 13-.03.

(f) “Background investigation” means the investigation conducted by a licensee or applicant to support the determination of trustworthiness and reliability.

(g) “Becquerel (Bq)” means one disintegration per second.

(h) “Byproduct material” means:

Any radioactive material (except special nuclear material) yielded in, or made radioactive by, exposure to the radiation incident to the process of producing or using special nuclear material;
The tailings or wastes produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content, including discrete surface wastes resulting from uranium solution extraction processes.

Underground ore bodies depleted by these solution extraction operations do not constitute “byproduct material” within this definition;

(i) Any discrete source of radium-226 that is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity; or (ii) Any material that:

(I) Has been made radioactive by use of a particle accelerator, including by use of a fusion machine; and (II) If made radioactive by use of a particle accelerator that is not a fusion machine, is produced, extracted, or converted after extraction for use for a commercial, medical, or research activity; and 4. Any discrete source of naturally occurring radioactive material, other than source material, that:

(i) The Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate federal agency, determines would pose a threat similar to the threat posed by a discrete source of radium-226 to the public health and safety or the common defense and security; and (ii) Before, on, or after August 8, 2005, extracted or converted after extraction for use in a commercial, medical, or research activity.

(i) “Carrier” means a person engaged in the transportation of passengers or property by land or water as a common, contract, or private carrier, or by civil aircraft.

(j) “Category 1 quantity of radioactive material” means a quantity of radioactive material meeting or exceeding the category 1 threshold in Table 1 of Rule 0400-20-13-.08. This is determined by calculating the ratio of the total activity of each radionuclide to the category 1 threshold for that radionuclide and adding the ratios together. If the sum is equal to or exceeds 1, the quantity would be considered a category 1 quantity.

Category 1 quantities of radioactive material do not include the radioactive material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet.

(k) “Category 2 quantity of radioactive material” means a quantity of radioactive material meeting or exceeding the category 2 threshold but less than the category 1 threshold in Table 1 of Rule 0400-20-13-.08. This is determined by calculating the ratio of the total activity of each radionuclide to the category 2 threshold for that radionuclide and adding the ratios together. If the sum is equal to or exceeds 1, the quantity would be considered a category 2 quantity. Category 2 quantities of radioactive material do not include the radioactive material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet.

(l) “Commission” and “NRC” mean the U.S. Nuclear Regulatory Commission or its duly authorized representatives.

(m) “Curie” means that amount of radioactive material which disintegrates at the rate of 37 billion atoms per second.

(n) “Diversion” means the unauthorized movement of radioactive material subject to this

chapter to a location different from the material’s authorized destination inside or outside of the site at which the material is used or stored.

(o) “Division” means the Division of Radiological Health of the Tennessee Department of Environment and Conservation.

(p) “Escorted access” means accompaniment while in a security zone by an approved individual who maintains continuous direct visual surveillance at all times over an individual who is not approved for unescorted access.

(q) “Fingerprint Orders” means the orders issued by the U.S. Nuclear Regulatory Commission or the legally binding requirements issued by Agreement States that require fingerprints and criminal history records checks for individuals with unescorted access to category 1 and category 2 quantities of radioactive material or safeguards information-modified handling.

(r) “Government agency” means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government.

(s) “License,” except where otherwise specified, means a license for material issued pursuant to the rules in Chapter 0400-20-10.

(t) “License issuing authority” means the licensing agency that issued the license, i.e. the U.S. Nuclear Regulatory Commission or the appropriate agency of an Agreement State.

(u) “Local law enforcement agency (LLEA)” means a public or private organization that has been approved by a federal, state, or local government to carry firearms and make arrests, and is authorized and has the capability to provide an armed response in the jurisdiction where the licensed category 1 or category 2 quantity of radioactive material is used, stored, or transported.

(v) “Lost or missing licensed material” means licensed material whose location is unknown. It includes material that has been shipped but has not reached its destination and whose location cannot be readily traced in the transportation system.

(w) “Mobile device” means a piece of equipment containing licensed radioactive material that is either mounted on wheels or casters, or otherwise equipped for moving without a need for disassembly or dismounting; or designed to be hand carried. Mobile devices do not include stationary equipment installed in a fixed location.

(x) “Movement control center” means an operations center that is remote from transport activity and that maintains position information on the movement of radioactive material, receives reports of attempted attacks or thefts, provides a means for reporting these and other problems to appropriate agencies and can request and coordinate appropriate aid.

(y) “No-later-than arrival time” means the date and time that the shipping licensee and receiving licensee have established as the time at which an investigation will be initiated if the shipment has not arrived at the receiving facility. The no-later-than arrival time may not be more than 6 hours after the estimated arrival time for shipments of category 2 quantities of radioactive material.

(z) “Person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, government agency other than the Commission or the DOE (except that DOE shall be considered a person within the meaning of the regulations in 10 CFR chapter I to the extent that its facilities and activities are subject to the licensing and related regulatory authority of the Commission under section 202 of the Energy Reorganization Act of 1974 (88 Stat. 1244), the Uranium Mill Tailings Radiation Control Act of 1978 (92 Stat. 3021), the Nuclear Waste Policy Act of 1982 (96 Stat. 2201), and section 3(b)(2) of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (99 Stat. 1842)), any state or any political subdivision of or any political entity within a state, any foreign government or nation or any political subdivision of any such government or nation, or other entity; and any legal successor, representative, agent, or agency of the foregoing.

(aa) “Reviewing official” means the individual who shall make the trustworthiness and reliability determination of an individual to determine whether the individual may have, or continue to have, unescorted access to the category 1 or category 2 quantities of radioactive materials that are possessed by the licensee.

(bb) “Sabotage” means deliberate damage, with malevolent intent, to a category 1 or category 2 quantity of radioactive material, a device that contains a category 1 or category 2 quantity of radioactive material, or the components of the security system.

(cc) “Safe haven” means a readily recognizable and readily accessible site at which security is present or from which, in the event of an emergency, the transport crew can notify and wait for the local law enforcement authorities.

(dd) “Security zone” means any temporary or permanent area determined and established by the licensee for the physical protection of category 1 or category 2 quantities of radioactive material.

(ee) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(ff) “Telemetric position monitoring system” means a data transfer system that captures information by instrumentation and/or measuring devices about the location and status of a transport vehicle or package between the departure and destination locations.

(gg) “Trustworthiness and reliability” are characteristics of an individual considered dependable in judgment, character, and performance, such that unescorted access to category 1 or category 2 quantities of radioactive material by that individual does not constitute an unreasonable risk to the public health and safety or security. A determination of trustworthiness and reliability for this purpose is based upon the results from a background investigation.

(hh) “Unescorted access” means solitary access to an aggregated category 1 or category 2 quantity of radioactive material or the devices that contain the material.

(ii) “United States,” when used in a geographical sense, includes Puerto Rico and all territories and possessions of the United States.

(4) Communications.

Unless stated otherwise, address notifications and reports required by these rules, communications concerning these rules, and applications filed thereunder shall be made according to Rule 0400-20-04-.07.

(5) Reserved.

(6) Specific exemptions.

(a) The Division may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the rules in this chapter as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.

(b) A licensee that possesses radioactive waste that contains category 1 or category 2 quantities of radioactive material is exempt from the requirements of Rules 0400-20-13- .02, 0400-20-13-.03 and 0400-20-13-.04. Except that any radioactive waste that contains discrete sources, ion-exchange resins, or activated material that weighs less than 2,000 kg (4,409 lbs) is not exempt from the requirements of this chapter. The licensee shall implement the following requirements to secure the radioactive waste:

Use continuous physical barriers that allow access to the radioactive waste only through established access control points;
Use a locked door or gate with monitored alarm at the access control point;
Assess and respond to each actual or attempted unauthorized access to determine whether an actual or attempted theft, sabotage, or diversion occurred; and 4. Immediately notify the LLEA and request an armed response from the LLEA upon determination that there was an actual or attempted theft, sabotage, or diversion of the radioactive waste that contains category 1 or category 2 quantities of radioactive material.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed June 14, 2017; effective September 12, 2017. Amendments filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-13-.02 ; or (ii) Security service provider employees, provided written verification that the employee has been determined to be trustworthy and reliable, by the required background investigation in parts (3)(a)2 through 7 of Rule 0400- 20-13-.02, has been provided by the security service provider.

The licensee shall document the basis for concluding that an individual is trustworthy and reliable and should be granted access to the security plan, implementing procedures, or the list of individuals who have been approved for unescorted access.
Licensees shall maintain a list of persons currently approved for access to the security plan, implementing procedures, or the list of individuals who have been approved for unescorted access. When a licensee determines that a person no longer needs access to the security plan, implementing procedures, or the list of individuals who have been approved for unescorted access or no longer meets the access authorization requirements for access to the information, the licensee shall remove the person from the approved list as soon as possible, but no later than seven working days, and take prompt measures to ensure that the individual is unable to obtain the security plan, implementing procedures, or the list of individuals who have been approved for unescorted access.
When not in use, the licensee shall store its security plan, implementing procedures, and the list of individuals who have been approved for unescorted access in a manner to prevent unauthorized access. Information stored in nonremovable electronic form must be password protected.
The licensee shall retain as a record for three years after the document is no longer needed:

(i) A copy of the information protection procedures; and (ii) The list of individuals approved for access to the security plan, implementing procedures, or the list of individuals who have been approved for unescorted access.

(3) LLEA coordination.

(a) A licensee subject to this rule shall coordinate, to the extent practicable, with an LLEA for responding to threats to the licensee’s facility, including any necessary armed response. The information provided to the LLEA must include:

A description of the facilities and the category 1 and category 2 quantities of radioactive materials along with a description of the licensee’s security measures that have been implemented to comply with this rule; and 2. A notification that the licensee will request a timely armed response by the LLEA to any actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of material.

(b) The licensee shall notify the Division within 3 business days if:

The LLEA has not responded to the request for coordination within 60 days of the coordination request; or 2. The LLEA notifies the licensee that the LLEA does not plan to participate in coordination activities.

(d) The licensee shall coordinate with the LLEA at least every 12 months, or when changes to the facility design or operation adversely affect the potential vulnerability of the licensee’s material to theft, sabotage, or diversion.

(4) Security zones.

(a) Licensees shall ensure that all aggregated category 1 and category 2 quantities of radioactive material are used or stored within licensee-established security zones.

Security zones may be permanent or temporary.

(b) Temporary security zones must be established as necessary to meet the licensee’s transitory or intermittent business activities, such as periods of maintenance, source delivery, and source replacement.

Isolation of category 1 and category 2 quantities of radioactive materials by the use of continuous physical barriers that allow access to the security zone only through established access control points. A physical barrier is a natural or manmade structure or formation sufficient for the isolation of the category 1 or category 2 quantities of radioactive material within a security zone;
Direct control of the security zone by approved individuals at all times; or 3. A combination of continuous physical barriers and direct control.

(d) For category 1 quantities of radioactive material during periods of maintenance, source receipt, preparation for shipment, installation, or source removal or exchange, the licensee shall, at a minimum, provide sufficient individuals approved for unescorted access to maintain continuous surveillance of sources in temporary security zones and in any security zone in which physical barriers or intrusion detection systems have been disabled to allow such activities.

(e) Individuals not approved for unescorted access to category 1 or category 2 quantities of radioactive material must be escorted by an approved individual when in a security zone.

(5) Monitoring, detection, and assessment.

(a) Monitoring and detection.

Licensees shall establish and maintain the capability to continuously monitor and detect without delay all unauthorized entries into its security zones. Licensees shall provide the means to maintain continuous monitoring and detection capability in the event of a loss of the primary power source, or provide for an alarm and response in the event of a loss of this capability to continuously monitor and detect unauthorized entries.
Monitoring and detection must be performed by:

(i) A monitored intrusion detection system that is linked to an onsite or offsite central monitoring facility;

(ii) Electronic devices for intrusion detection alarms that will alert nearby facility personnel;

(iii) A monitored video surveillance system;

(iv) Direct visual surveillance by approved individuals located within the security zone; or (v) Direct visual surveillance by a licensee designated individual located outside the security zone.

A licensee subject to this chapter shall also have a means to detect unauthorized removal of the radioactive material from the security zone. This detection capability must provide:

(i) For category 1 quantities of radioactive material, immediate detection of any attempted unauthorized removal of the radioactive material from the security zone. Such immediate detection capability must be provided by:

(I) Electronic sensors linked to an alarm;

(II) Continuous monitored video surveillance; or (III) Direct visual surveillance.

(ii) For category 2 quantities of radioactive material, weekly verification through physical checks, tamper indicating devices, use, or other means to ensure that the radioactive material is present.

(b) Assessment.

Licensees shall immediately assess each actual or attempted unauthorized entry into the security zone to determine whether the unauthorized access was an actual or attempted theft, sabotage, or diversion.

For personnel and automated or electronic systems supporting the licensee’s monitoring, detection, and assessment systems, licensees shall:

Maintain continuous capability for personnel communication and electronic data transmission and processing among site security systems; and 2. Provide an alternative communication capability for personnel, and an alternative data transmission and processing capability, in the event of a loss of the primary means of communication or data transmission and processing. Alternative communications and data transmission systems may not be subject to the same failure modes as the primary systems.

(d) Response.

Licensees shall immediately respond to any actual or attempted unauthorized access to the security zones, or actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material at licensee facilities or temporary job sites. For any unauthorized access involving an actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material, the licensee’s response shall include requesting, without delay, an armed response from the LLEA.

(6) Maintenance and testing.

(a) Each licensee subject to this chapter shall implement a maintenance and testing program to ensure that intrusion alarms, associated communication systems, and other physical components of the systems used to secure or detect unauthorized access to radioactive material are maintained in operable condition and are capable of performing their intended function when needed. The equipment relied on to meet the security requirements of this chapter must be inspected and tested for operability and performance at the manufacturer’s suggested frequency. If there is no suggested manufacturer’s suggested frequency, the testing must be performed at least annually, not to exceed 12 months.

(b) The licensee shall maintain records on the maintenance and testing activities for 3 years.

(7) Requirements for mobile devices.

Each licensee that possesses mobile devices containing category 1 or category 2 quantities of radioactive material must:

(a) Have two independent physical controls that form tangible barriers to secure the material from unauthorized removal when the device is not under direct control and constant surveillance by the licensee; and (b) For devices in or on a vehicle or trailer, unless the health and safety requirements for a site prohibit the disabling of the vehicle, the licensee shall utilize a method to disable the vehicle or trailer when not under direct control and constant surveillance by the licensee. Licensees shall not rely on the removal of an ignition key to meet this requirement.

(8) Security program review.

(a) Each licensee shall be responsible for the continuing effectiveness of the security program. Each licensee shall ensure that the security program is reviewed to confirm compliance with the requirements of this chapter and that comprehensive actions are taken to correct any noncompliance that is identified. The review must include the radioactive material security program content and implementation. Each licensee shall periodically (at least annually) review the security program content and implementation.

(b) The results of the review, along with any recommendations, must be documented.

Each review report must identify conditions that are adverse to the proper performance of the security program, the cause of the condition(s), and, when appropriate, recommend corrective actions, and corrective actions taken. The licensee shall review the findings and take any additional corrective actions necessary to preclude repetition of the condition, including reassessment of the deficient areas where indicated.

(9) Reporting of events.

(a) The licensee shall immediately notify the LLEA after determining that an unauthorized entry resulted in an actual or attempted theft, sabotage, or diversion of a category 1 or category 2 quantity of radioactive material. As soon as possible after initiating a response, but not at the expense of causing delay or interfering with the LLEA response to the event, the licensee shall notify the Division. In no case shall the notification to the Division be later than 4 hours after the discovery of any attempted or actual theft, sabotage, or diversion.

(b) The licensee shall assess any suspicious activity related to possible theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material and notify the LLEA as appropriate. As soon as possible but not later than 4 hours after notifying the LLEA, the licensee shall notify the Division at (615) 532-0364. For after-hours notifications, the licensee shall contact the Tennessee Emergency Management Agency, (615) 741-0001.

(c) The initial telephonic notification required by subparagraph (a) of this paragraph must be followed within a period of 30 days by a written report submitted to the Division by an appropriate method listed in paragraph (4) of Rule 0400-20-13-.01. The report must include sufficient information for Division analysis and evaluation, including identification of any necessary corrective actions to prevent future instances.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed June 14, 2017; effective September 12, 2017. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-13-.03 PHYSICAL PROTECTION REQUIREMENTS DURING USE

(1) Security program.

(a) Applicability.

Each licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material shall establish, implement, and maintain a security program in accordance with the requirements of this rule.
An applicant for a new license and each licensee that would become newly subject to the requirements of this chapter upon application for modification of its license shall implement the requirements of this chapter, as appropriate, before taking possession of an aggregated category 1 or category 2 quantity of radioactive material.
Any licensee that has not previously implemented the Security Orders or been subject to the provisions of this chapter shall provide written notification to the Division specified in paragraph (4) of Rule 0400-20-13-.01 at least 90 days before aggregating radioactive material to a quantity that equals or exceeds the category 2 threshold.

(b) General performance objective.

Each licensee shall establish, implement, and maintain a security program that is designed to monitor and, without delay, detect, assess, and respond to an actual or attempted unauthorized access to category 1 or category 2 quantities of radioactive material.

Each licensee’s security program must include the program features, as appropriate, described in paragraphs (2) through (8) of this rule.

(2) General security program requirements.

(a) Security plan.

Each licensee identified in subparagraph (1)(a) of this rule shall develop a written security plan specific to its facilities and operations. The purpose of the security plan is to establish the licensee’s overall security strategy to ensure the integrated and effective functioning of the security program required by this rule.

The security plan must, at a minimum:

(i) Describe the measures and strategies used to implement the requirements of this rule; and (ii) Identify the security resources, equipment, and technology used to satisfy the requirements of this rule.

The security plan must be reviewed and approved by the individual with overall responsibility for the security program.
A licensee shall revise its security plan as necessary to ensure the effective implementation of Division requirements. The licensee shall ensure that:

(i) The revision has been reviewed and approved by the individual with overall responsibility for the security program; and (ii) The affected individuals are instructed on the revised plan before the changes are implemented.

The licensee shall retain a copy of the current security plan as a record for 3 years after the security plan is no longer required. If any portion of the plan is superseded, the licensee shall retain the superseded material for 3 years after the record is superseded.

(b) Implementing procedures.

The licensee shall develop and maintain written procedures that document how the requirements of this rule and the security plan will be met.
The implementing procedures and revisions to these procedures must be approved in writing by the individual with overall responsibility for the security program.
The licensee shall retain a copy of the current procedure as a record for 3 years after the procedure is no longer needed. Superseded portions of the procedure must be retained for 3 years after the record is superseded.

Each licensee shall conduct training to ensure that those individuals implementing the security program possess and maintain the knowledge, skills, and abilities to carry out their assigned duties and responsibilities effectively. The training must include instruction in:

(i) The licensee’s security program and procedures to secure category 1 or category 2 quantities of radioactive material, and in the purposes and functions of the security measures employed;

(ii) The responsibility to report promptly to the licensee any condition that causes or may cause a violation of Division requirements;

(iii) The responsibility of the licensee to report promptly to the local law enforcement agency and licensee any actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material; and (iv) The appropriate response to security alarms.

In determining those individuals who shall be trained on the security program, the licensee shall consider each individual’s assigned activities during authorized use and response to potential situations involving actual or attempted theft, diversion, or sabotage of category 1 or category 2 quantities of radioactive material. The extent of the training must be commensurate with the individual’s potential involvement in the security of category 1 or category 2 quantities of radioactive material.
Refresher training must be provided at a frequency not to exceed 12 months and when significant changes have been made to the security program. This training must include:

(i) Review of the training requirements of this subparagraph and any changes made to the security program since the last training;

(ii) Reports on any relevant security issues, problems, and lessons learned;

(iii) Relevant results of NRC inspections; and (iv) Relevant results of the licensee’s program review and testing and maintenance.

The licensee shall maintain records of the initial and refresher training for 3 years from the date of the training. The training records must include dates of the training, topics covered, a list of licensee personnel in attendance, and related information.

(d) Protection of information.

Licensees authorized to possess category 1 or category 2 quantities of radioactive material shall limit access to and unauthorized disclosure of their security plan, implementing procedures, and the list of individuals that have been approved for unescorted access.
Efforts to limit access shall include the development, implementation, and maintenance of written policies and procedures for controlling access to, and for proper handling and protection against unauthorized disclosure of, the security plan, implementing procedures, and the list of individuals who have been approved for unescorted access.
Before granting an individual access to the security plan, implementing procedures, or the list of individuals who have been approved for unescorted access, licensees shall:

(i) Evaluate an individual’s need to know the security plan, implementing procedures, or the list of individuals who have been approved for unescorted access; and (ii) If the individual has not been authorized for unescorted access to category 1 or category 2 quantities of radioactive material, safeguards information, or safeguards information-modified handling, the licensee must complete a background investigation to determine the individual’s trustworthiness and reliability. A trustworthiness and reliability determination shall be conducted by the reviewing official and shall include the background investigation elements contained in parts (3)(a)2 through 7 of Rule 0400-20-13-.02.

Licensees need not subject the following individuals to the background investigation elements for protection of information:

(i) The categories of individuals listed in parts (5)(a)1 through 13 of Rule

Tenn. Comp. R. & Regs. 0400-20-04-.07 . The fingerprints of the named reviewing official must be taken by a law enforcement agency, federal or state agencies that provide fingerprinting services to the public, or commercial fingerprinting services authorized by a state to take fingerprints. The licensee shall recertify that the reviewing official is deemed trustworthy and reliable every ten years in accordance with subparagraph (3)(c) of this rule.

Reviewing officials must be permitted to have unescorted access to category 1 or category 2 quantities of radioactive materials or access to safeguards information or safeguards information-modified handling, if the licensee possesses safeguards information or safeguards information-modified handling.
Reviewing officials cannot approve other individuals to act as reviewing officials.
A reviewing official does not need to undergo a new background investigation before being named by the licensee as the reviewing official if:

(i) The individual has undergone a background investigation that included fingerprinting and an FBI criminal history records check and has been determined to be trustworthy and reliable by the licensee; or (ii) The individual is subject to a category listed in subparagraph (5)(a) of this

rule.

Licensees may not initiate a background investigation without the informed and signed consent of the subject individual. This consent must include authorization to share personal information with other individuals or organizations as necessary to complete the background investigation. Before a final adverse determination, the licensee shall provide the individual with an opportunity to correct any inaccurate or incomplete information that is developed during the background investigation. Licensees do not need to obtain signed consent from those individuals that meet the requirements of subparagraph (3)(b) of this rule.

A signed consent must be obtained prior to any reinvestigation.

The subject individual may withdraw his or her consent at any time. Licensees shall inform the individual that:

(i) If an individual withdraws his or her consent, the licensee may not initiate any elements of the background investigation that were not in progress at the time the individual withdrew his or her consent; and (ii) The withdrawal of consent for the background investigation is sufficient cause for denial or termination of unescorted access authorization.

(d) Personal history disclosure.

Any individual who is applying for unescorted access authorization shall disclose the personal history information that is required by the licensee’s access authorization program for the reviewing official to make a determination of the individual’s trustworthiness and reliability. Refusal to provide, or the falsification of, any personal

history information required by this chapter is sufficient cause for denial or termination of unescorted access.

(e) Determination basis.

The reviewing official shall determine whether to permit, deny, unfavorably terminate, maintain, or administratively withdraw an individual’s unescorted access authorization based on an evaluation of all of the information collected to meet the requirements of this chapter.
The reviewing official may not permit any individual to have unescorted access until the reviewing official has evaluated all of the information collected to meet the requirements of this chapter and determined that the individual is trustworthy and reliable. The reviewing official may deny unescorted access to any individual based on information obtained at any time during the background investigation.
The licensee shall document the basis for concluding whether or not there is reasonable assurance that an individual is trustworthy and reliable.
The reviewing official may terminate or administratively withdraw an individual’s unescorted access authorization based on information obtained after the background investigation has been completed and the individual granted unescorted access authorization.
Licensees shall maintain a list of persons currently approved for unescorted access authorization. When a licensee determines that a person no longer requires unescorted access or meets the access authorization requirement, the licensee shall remove the person from the approved list as soon as possible, but no later than 7 working days, and take prompt measures to ensure that the individual is unable to have unescorted access to the material.

(f) Procedures.

Licensees shall develop, implement, and maintain written procedures for implementing the access authorization program. The procedures must include provisions for the notification of individuals who are denied unescorted access. The procedures must include provisions for the review, at the request of the affected individual, of a denial or termination of unescorted access authorization. The procedures must contain a provision to ensure that the individual is informed of the grounds for the denial or termination of unescorted access authorization and allow the individual an opportunity to provide additional relevant information.

(g) Right to correct and complete information.

Prior to any final adverse determination, licensees shall provide each individual subject to this chapter with the right to complete, correct, and explain information obtained as a result of the licensee’s background investigation. Confirmation of receipt by the individual of this notification must be maintained by the licensee for a period of 1 year from the date of the notification.
If, after reviewing his or her criminal history record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, update, or explain anything in the record, the individual may initiate challenge procedures.

These procedures include direct application by the individual challenging the record to the law enforcement agency that contributed the questioned information or a direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306 as set forth in 28 CFR 16.30 through 16.34.

In the latter case, the Federal Bureau of Investigation (FBI) will forward the challenge to the agency that submitted the data, and will request that the agency verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division will make any changes necessary in accordance with the information supplied by that agency. Licensees must provide at least 10 days for an individual to initiate action to challenge the results of an FBI criminal history records check after the record being made available for his or her review. The licensee may make a final adverse determination based upon the criminal history records only after receipt of the FBI’s confirmation or correction of the record.

(h) Records.

The licensee shall retain documentation regarding the trustworthiness and reliability of individual employees for 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material.
The licensee shall retain a copy of the current access authorization program procedures as a record for 3 years after the procedure is no longer needed. If any portion of the procedure is superseded, the licensee shall retain the superseded material for 3 years after the record is superseded.
The licensee shall retain the list of persons approved for unescorted access authorization for 3 years after the list is superseded or replaced.

(3) Background investigations.

(a) Initial investigation.

Before allowing an individual unescorted access to category 1 or category 2 quantities of radioactive material or to the devices that contain the material, licensees shall complete a background investigation of the individual seeking unescorted access authorization. The scope of the investigation must encompass at least the 7 years preceding the date of the background investigation or since the individual’s eighteenth birthday, whichever is shorter. The background investigation must include at a minimum:

Fingerprinting and an FBI identification and criminal history records check in accordance with paragraph (4) of this rule;
Verification of true identity.

Licensees shall verify the true identity of the individual who is applying for unescorted access authorization to ensure that the applicant is who he or she claims to be. A licensee shall review official identification documents (e.g., driver’s license; passport; government identification; certificate of birth issued by the state, province, or country of birth) and compare the documents to personal information data provided by the individual to identify any discrepancy in the information. Licensees shall document the type, expiration, and identification number of the identification document, or maintain a photocopy of identifying documents on file in accordance with paragraph (6) of this rule. Licensees shall certify in writing that the identification was properly reviewed, and shall maintain the certification and all related documents for review upon inspection;

Employment history verification.

Licensees shall complete an employment history verification, including military

history. Licensees shall verify the individual’s employment with each previous employer for the most recent 7 years before the date of application;

Verification of education.

Licensees shall verify that the individual participated in the education process during the claimed period;

Character and reputation determination.

Licensees shall complete reference checks to determine the character and reputation of the individual who has applied for unescorted access authorization.

Unless other references are not available, reference checks may not be conducted with any person who is known to be a close member of the individual’s family, including but not limited to the individual’s spouse, parents, siblings, or children, or any individual who resides in the individual’s permanent household. Reference checks under this rule must be limited to whether the individual has been and continues to be trustworthy and reliable;

The licensee shall also, to the extent possible, obtain independent information to corroborate that provided by the individual (e.g., seek references not supplied by the individual); and 7. If a previous employer, educational institution, or any other entity with which the individual claims to have been engaged fails to provide information or indicates an inability or unwillingness to provide information within a time frame deemed appropriate by the licensee but at least after 10 business days of the request or if the licensee is unable to reach the entity, the licensee shall document the refusal, unwillingness, or inability in the record of investigation; and attempt to obtain the information from an alternate source.

(b) Grandfathering.

Individuals who have been determined to be trustworthy and reliable for unescorted access to category 1 or category 2 quantities of radioactive material under the Fingerprint Orders may continue to have unescorted access to category 1 and category 2 quantities of radioactive material without further investigation. These individuals shall be subject to the reinvestigation requirement.
Individuals who have been determined to be trustworthy and reliable under the provisions of 10 CFR Part 73 or the Security Orders for access to safeguards information, safeguards information-modified handling, or risk-significant material may have unescorted access to category 1 and category 2 quantities of radioactive material without further investigation. The licensee shall document that the individual was determined to be trustworthy and reliable under the provisions of 10 CFR Part 73 or a Security Order. Security Order, in this context, refers to any order that was issued by the NRC that required fingerprints and an FBI criminal history records check for access to safeguards information, safeguards information-modified handling, or risk significant material such as special nuclear material or large quantities of uranium hexafluoride. These individuals shall be subject to the reinvestigation requirement.

Licensees shall conduct a reinvestigation every 10 years for any individual with unescorted access to category 1 or category 2 quantities of radioactive material. The reinvestigation shall consist of fingerprinting and an FBI identification and criminal

history records check in accordance with paragraph (4) of this rule. The reinvestigations must be completed within 10 years of the date on which these elements were last completed.

(4) Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material.

(a) General performance objective and requirements.

Except for those individuals listed in paragraph (5) of this rule and those individuals grandfathered under subparagraph (3)(b) of this rule, each licensee subject to the provisions of this chapter shall fingerprint each individual who is to be permitted unescorted access to category 1 or category 2 quantities of radioactive material. Licensees shall transmit all collected fingerprints to the Commission for transmission to the FBI. The licensee shall use the information received from the FBI as part of the required background investigation to determine whether to grant or deny further unescorted access to category 1 or category 2 quantities of radioactive materials for that individual.
The licensee shall notify each affected individual that his or her fingerprints will be used to secure a review of his or her criminal history record, and shall inform him or her of the procedures for revising the record or adding explanations to the record.
Fingerprinting is not required if a licensee is reinstating an individual’s unescorted access authorization to category 1 or category 2 quantities of radioactive materials if:

(i) The individual returns to the same facility that granted unescorted access authorization within 365 days of the termination of his or her unescorted access authorization; and (ii) The previous access was terminated under favorable conditions.

Fingerprints do not need to be taken if an individual who is an employee of a licensee, contractor, manufacturer, or supplier has been granted unescorted access to category 1 or category 2 quantities of radioactive material, access to safeguards information, or safeguards information-modified handling by another licensee, based upon a background investigation conducted under this chapter, the Fingerprint Orders, or 10 CFR Part 73. An existing criminal history records check file may be transferred to the licensee asked to grant unescorted access in accordance with the provisions of subparagraph (6)(c) of this rule.
Licensees shall use the information obtained as part of a criminal history records check solely for the purpose of determining an individual’s suitability for unescorted access authorization to category 1 or category 2 quantities of radioactive materials, access to safeguards information, or safeguards information-modified handling.

(b) Prohibitions.

Licensees may not base a final determination to deny an individual unescorted access authorization to category 1 or category 2 quantities of radioactive material solely on the basis of information received from the FBI involving:

(i) An arrest more than 1 year old for which there is no information of the disposition of the case; or (ii) An arrest that resulted in dismissal of the charge or an acquittal.

Licensees may not use information received from a criminal history records check obtained under this chapter in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor shall licensees use the information in any way that would discriminate among individuals on the basis of race, religion, national origin, gender, or age.

For the purpose of complying with this chapter, licensees shall use an appropriate method listed in 10 C.F.R. § 37.7 to submit to the U.S. Nuclear Regulatory Commission, Director, Division of Facilities and Security, 11545 Rockville Pike, ATTN: Criminal History Program/Mail Stop T-07D04M, Rockville, Maryland 20852, one completed, legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ), electronic fingerprint scan or, where practicable, other fingerprint record for each individual requiring unescorted access to category 1 or category 2 quantities of radioactive material. Copies of these forms may be obtained by emailing MAILSVS.Resource@nrc.gov. Guidance on submitting electronic fingerprints can be found at https://www.nrc.gov/security/chp.html.
Fees for the processing of fingerprint checks are due upon application. Licensees shall submit payment with the application for the processing of fingerprints through corporate check, certified check, cashier’s check, money order, or electronic payment, made payable to “U.S. NRC.” (For guidance on making electronic payments, contact the Division of Physical and Cyber Security Policy by e-mailing Crimhist.Resource@nrc.gov.) Combined payment for multiple applications is acceptable. The Commission publishes the amount of the fingerprint check application fee on the U.S. Nuclear Regulatory Commission’s public Web site. (To find the current fee amount, go to the Licensee Criminal

History Records Checks & Firearms Background Check information page at https//www.nrc.gov/security/chp.html and see the link for How do I determine how much to pay for the request?).

The Commission will forward to the submitting licensee all data received from the FBI as a result of the licensee’s application(s) for criminal history records checks.

(5) Relief from fingerprinting, identification, and criminal history records checks and other elements of background investigations for designated categories of individuals permitted unescorted access to certain radioactive materials.

(a) Fingerprinting, and the identification and criminal history records checks required by

section 149 of the Atomic Energy Act of 1954, as amended, and other elements of the background investigation are not required for the following individuals prior to granting unescorted access to category 1 or category 2 quantities of radioactive materials:

An employee of the Commission or of the Executive Branch of the U.S.

Government who has undergone fingerprinting for a prior U.S. Government criminal history records check;

A member of Congress;
An employee of a member of Congress or Congressional committee who has undergone fingerprinting for a prior U.S. Government criminal history records check;
The governor of a state or his or her designated state employee representative;
Federal, state, or local law enforcement personnel;
State Radiation Control Program Directors and State Homeland Security Advisors or their designated state employee representatives;
Agreement State employees conducting security inspections on behalf of the NRC under an agreement executed under section 274.i. of the Atomic Energy Act;
Representatives of the International Atomic Energy Agency (IAEA) engaged in activities associated with the U.S./IAEA Safeguards Agreement who have been certified by the NRC;
Emergency response personnel who are responding to an emergency;
Commercial vehicle drivers for road shipments of category 1 and category 2 quantities of radioactive material;
Package handlers at transportation facilities such as freight terminals and railroad yards;
Any individual who has an active federal security clearance, provided that he or she makes available the appropriate documentation. Written confirmation from the agency/employer that granted the federal security clearance or reviewed the criminal history records check must be provided to the licensee. The licensee shall retain this documentation for a period of 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material; and 13. Any individual employed by a service provider licensee for which the service provider licensee has conducted the background investigation for the individual and approved the individual for unescorted access to category 1 or category 2 quantities of radioactive material. Written verification from the service provider must be provided to the licensee. The licensee shall retain the documentation for a period of 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material.

(b) Fingerprinting, and the identification and criminal history records checks required by

section 149 of the Atomic Energy Act of 1954, as amended, are not required for an individual who has had a favorably adjudicated U.S. Government criminal history records check within the last 5 years, under a comparable U.S. Government program involving fingerprinting and an FBI identification and criminal history records check provided that he or she makes available the appropriate documentation. Written confirmation from the agency/employer that reviewed the criminal history records check must be provided to the licensee. The licensee shall retain this documentation for a period of 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material. These programs include, but are not limited to:

National Agency Check;
Transportation Worker Identification Credentials (TWIC) under 49 CFR part 1572;
Bureau of Alcohol, Tobacco, Firearms, and Explosives background check and clearances under 27 CFR part 555;
Health and Human Services security risk assessments for possession and use of select agents and toxins under 42 CFR part 73;
Hazardous Material security threat assessment for hazardous material endorsement to commercial driver’s license under 49 CFR part 1572; and 6. Customs and Border Protection’s Free and Secure Trade (FAST) Program.

(6) Protection of information.

(a) Each licensee who obtains background information on an individual under this chapter shall establish and maintain a system of files and written procedures for protection of the record and the personal information from unauthorized disclosure.

(b) The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his or her representative, or to those who have a need to have access to the information in performing assigned duties in the process of granting or denying unescorted access to category 1 or category 2 quantities of radioactive material, safeguards information, or safeguards informationmodified handling. No individual authorized to have access to the information may disseminate the information to any other individual who does not have a need to know.

(c) The personal information obtained on an individual from a background investigation may be provided to another licensee:

Upon the individual’s written request to the licensee holding the data to disseminate the information contained in his or her file; and 2. The recipient licensee verifies information such as name, date of birth, social security number, gender, and other applicable physical characteristics.

(d) The licensee shall make background investigation records obtained under this chapter available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws.

(e) The licensee shall retain all fingerprint and criminal history records (including data indicating no record) received from the FBI, or a copy of these records if the individual’s file has been transferred, on an individual for 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material.

(7) Access authorization program review.

(a) Each licensee shall be responsible for the continuing effectiveness of the access authorization program. Each licensee shall ensure that access authorization programs are reviewed to confirm compliance with the requirements of this chapter and that comprehensive actions are taken to correct any noncompliance that is identified. The review program shall evaluate all program performance objectives and requirements.

Each licensee shall periodically (at least annually) review the access program content and implementation.

(b) The results of the reviews, along with any recommendations, must be documented.

Each review report must identify conditions that are adverse to the proper performance of the access authorization program, the cause of the condition(s), and, when appropriate, recommend corrective actions, and corrective actions taken. The licensee shall review the findings and take any additional corrective actions necessary to preclude repetition of the condition, including reassessment of the deficient areas where indicated.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-13-.04 PHYSICAL PROTECTION IN TRANSIT

(1) Additional requirements for transfer of category 1 and category 2 quantities of radioactive material.

A licensee transferring a category 1 or category 2 quantity of radioactive material to a licensee of the Division, Commission, or an Agreement State shall meet the license verification provisions listed below instead of those listed in Rule 0400-20-10-.22.

(a) Any licensee transferring category 1 quantities of radioactive material to a licensee of the Division, Commission, or an Agreement State, prior to conducting such transfer, shall verify with the NRC’s license verification system or the license issuing authority that the transferee’s license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred and that the licensee is authorized to receive radioactive material at the location requested for delivery. If the verification is conducted by contacting the license issuing authority, the transferor shall document the verification. For transfers within the same organization, the licensee does not need to verify the transfer.

(b) Any licensee transferring category 2 quantities of radioactive material to a licensee of the Division, Commission, or an Agreement State, prior to conducting such transfer, shall verify with the NRC’s license verification system or the license issuing authority that the transferee’s license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred. If the verification is conducted by contacting the license issuing authority, the transferor shall document the verification. For transfers within the same organization, the licensee does not need to verify the transfer.

(c) In an emergency where the licensee cannot reach the license issuing authority and the license verification system is nonfunctional, the licensee may accept a written certification by the transferee that it is authorized by license to receive the type, form, and quantity of radioactive material to be transferred. The certification must include the license number, current revision number, issuing agency, expiration date, and for a category 1 shipment the authorized address. The licensee shall keep a copy of the certification. The certification must be confirmed by use of the NRC’s license verification system or by contacting the license issuing authority by the end of the next business day.

(d) The transferor shall keep a copy of the verification documentation as a record for 3 years.

(2) Applicability of physical protection of category 1 and category 2 quantities of radioactive material during transit.

(a) For shipments of category 1 quantities of radioactive material, each shipping licensee shall comply with the requirements for physical protection contained in subparagraphs (3)(a) and (e) of this rule; paragraph (4) of this rule; part (5)(a)1 of this rule; part (5)(b)1 of this rule; subparagraph (5)(c) of this rule; and subparagraphs (6)(a), (c), (e), (g) and (h) of this rule.

(b) For shipments of category 2 quantities of radioactive material, each shipping licensee shall comply with the requirements for physical protection contained in subparagraphs (3)(b) through (e) of this rule; parts (5)(a)2 and 3 of this rule; part (5)(b)2 of this rule; subparagraph (5)(c) of this rule; and subparagraphs (6)(b), (d), (f), (g), and (h) of this

rule. For those shipments of category 2 quantities of radioactive material that meet the criteria of subparagraph (21)(v) of Rule 0400-20-10-.30, the shipping licensee shall also comply with the advance notification provisions of paragraph (21) of Rule 0400-20- 10-.30.

(c) The shipping licensee shall be responsible for meeting the requirements of this rule unless the receiving licensee has agreed in writing to arrange for the in-transit physical protection required under this rule.

(d) Each licensee that imports or exports category 1 quantities of radioactive material shall comply with the requirements for physical protection during transit contained in part (3)(a)2 and subparagraph (3)(e) of this rule; paragraph (4) of this rule; part (5)(a)1 and (5)(b)1, and subparagraph (5)(c) of this rule; and subparagraphs (6)(a), (c), (e), (g), and (h) of this rule for the domestic portion of the shipment.

(e) Each licensee that imports or exports category 2 quantities of radioactive material shall comply with the requirements for physical protection during transit contained in parts (5)(a)2 and 3, and (5)(b)2 of this rule; and subparagraphs (6)(b), (d), (f), (g), and (h) of this rule for the domestic portion of the shipment.

(3) Preplanning and coordination of shipment of category 1 or category 2 quantities of radioactive material.

(a) Each licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 1 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall:

Preplan and coordinate shipment arrival and departure times with the receiving licensee;
Preplan and coordinate shipment information with the governor or the governor’s designee, identified in the contact information source described in subparagraph (4)(a) of this rule, of any state through which the shipment will pass to:

(i) Discuss the state’s intention to provide law enforcement escorts; and (ii) Identify safe havens; and 3. Document the preplanning and coordination activities.

(b) Each licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 2 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall coordinate the shipment nolater-than arrival time and the expected shipment arrival with the receiving licensee.

The licensee shall document the coordination activities.

(c) Each licensee who receives a shipment of a category 2 quantity of radioactive material shall confirm receipt of the shipment with the originator. If the shipment has not arrived by the no-later-than arrival time, the receiving licensee shall notify the originator.

(d) Each licensee, who transports or plans to transport a shipment of a category 2 quantity of radioactive material, and determines that the shipment will arrive after the no-laterthan arrival time provided pursuant to paragraph (b) of this paragraph, shall promptly notify the receiving licensee of the new no-later-than arrival time.

(e) The licensee shall retain a copy of the documentation for preplanning and coordination and any revision thereof, as a record for 3 years.

(4) Advance notification of shipment of category 1 quantities of radioactive material.

As specified in subparagraphs (a) and (b) of this paragraph, each licensee shall provide advance notification to the Division, and to the governor of a state, or the governor’s designee, of the shipment of licensed material in a category 1 quantity, through or across the boundary of the state, before the transport, or delivery to a carrier for transport of the licensed material outside the confines of the licensee’s facility or other place of use or storage.

(a) Procedures for submitting advance notification.

The notification must be made to the Division and to the office of each appropriate governor or governor’s designee. The contact information, including telephone and mailing addresses, of governors and governors’ designees, is available on the U.S. Nuclear Regulatory Commission’s Web site at https://scp.nrc.gov/special/designee.pdf. Notifications to the Division should be in accordance with the methods set out in Rule 0400-20-04-.07.
A notification delivered by mail must be postmarked at least 7 days before transport of the shipment commences at the shipping facility.
A notification delivered by any means other than mail must reach the Division at least 4 days before the transport of the shipment commences and must reach the office of the governor or the governor’s designee at least 4 days before transport of a shipment within or through the state.

(b) Information to be furnished in advance notification of shipment. Each advance notification of shipment of category 1 quantities of radioactive material must contain the following information, if available at the time of notification:

The name, address, and telephone number of the shipper, carrier, and receiver of the category 1 radioactive material;
The license numbers of the shipper and receiver;
A description of the radioactive material contained in the shipment, including the radionuclides and quantity;
The point of origin of the shipment and the estimated time and date that shipment will commence;
The estimated time and date that the shipment is expected to enter each state along the route;
The estimated time and date of arrival of the shipment at the destination; and 7. A point of contact, with a telephone number, for current shipment information.

The licensee shall provide any information not previously available at the time of the initial notification, as soon as the information becomes available but not later than commencement of the shipment, to the Division and to the governor of the state, or the governor’s designee.
A licensee shall promptly notify the governor of a state or the governor’s designee of any changes to the information provided in accordance with subparagraph (b) of this paragraph and part (1) of this subparagraph. The licensee shall also immediately notify the Division of any such changes.

(d) Cancellation notice.

Each licensee who cancels a shipment for which advance notification has been sent shall send a cancellation notice to the Division and to the governor or governor’s designee previously notified. The licensee shall send the cancellation notice before the shipment would have commenced or as soon thereafter as possible. The licensee shall state in the notice that it is a cancellation and identify the advance notification that is being cancelled.

(e) Records.

The licensee shall retain a copy of the advance notification and any revision and cancellation notices as a record for 3 years.

(f) Protection of information.

State officials, state employees, and other individuals, whether or not licensees of the Commission or an Agreement State, who receive schedule information of the kind specified in subparagraph (b) of this paragraph shall protect that information against unauthorized disclosure as specified in subparagraph (2)(d) of Rule 0400-20-13-.03.

(5) Requirements for physical protection of category 1 and category 2 quantities of radioactive material during shipment.

(a) Shipments by road.

Each licensee who transports, or delivers to a carrier for transport, in a single shipment, a category 1 quantity of radioactive material shall:

(i) Ensure that movement control centers are established that maintain position information from a remote location. These control centers must monitor shipments 24 hours a day, 7 days a week, and have the ability to communicate immediately, in an emergency, with the appropriate law enforcement agencies.

(ii) Ensure that redundant communications are established that allow the transport to contact the escort vehicle (when used) and movement control center at all times. Redundant communications may not be subject to the same interference factors as the primary communication.

(iii) Ensure that shipments are continuously and actively monitored by a telemetric position monitoring system or an alternative tracking system reporting to a movement control center. A movement control center must provide positive confirmation of the location, status, and control over the shipment. The movement control center must be prepared to promptly implement preplanned procedures in response to deviations from the authorized route or a notification of actual, attempted, or suspicious activities related to the theft, loss, or diversion of a shipment. These procedures will include, but not be limited to, the identification of and contact information for the appropriate LLEA along the shipment route.

(iv) Provide an individual to accompany the driver for those highway shipments with a driving time period greater than the maximum number of allowable hours of service in a 24-hour duty day as established by the Department of Transportation Federal Motor Carrier Safety Administration. The accompanying individual may be another driver.

(v) Develop written normal and contingency procedures to address:

(I) Notifications to the communication center and law enforcement agencies;

(II) Communication protocols. Communication protocols must include a strategy for the use of authentication codes and duress codes and provisions for refueling or other stops, detours, and locations where communication is expected to be temporarily lost;

(III) Loss of communications; and (IV) Responses to an actual or attempted theft or diversion of a shipment.

(vi) Each licensee who makes arrangements for the shipment of category 1 quantities of radioactive material shall ensure that drivers, accompanying personnel, and movement control center personnel have access to the normal and contingency procedures.

Each licensee that transports category 2 quantities of radioactive material shall maintain constant control and/or surveillance during transit and have the capability for immediate communication to summon appropriate response or assistance.
Each licensee who delivers to a carrier for transport, in a single shipment, a category 2 quantity of radioactive material shall:

(i) Use carriers that have established package tracking systems. An established package tracking system is a documented, proven, and reliable system routinely used to transport objects of value. In order for a package tracking system to maintain constant control and/or surveillance, the package tracking system must allow the shipper or transporter to identify when and where the package was last and when it should arrive at the next point of control.

(ii) Use carriers that maintain constant control and/or surveillance during transit and have the capability for immediate communication to summon appropriate response or assistance; and (iii) Use carriers that have established tracking systems that require an authorized signature prior to releasing the package for delivery or return.

(b) Shipments by rail.

Each licensee who transports, or delivers to a carrier for transport, in a single shipment, a category 1 quantity of radioactive material shall:

(i) Ensure that rail shipments are monitored by a telemetric position monitoring system or an alternative tracking system reporting to the licensee, third-party, or railroad communications center. The communications center shall provide positive confirmation of the location of the shipment and its status. The communications center shall implement preplanned procedures in response to deviations from the authorized route or to a notification of actual, attempted, or suspicious activities related to the theft or diversion of a shipment. These procedures will include, but not be limited to, the identification of and contact information for the appropriate LLEA along the shipment route.

(ii) Ensure that periodic reports to the communications center are made at preset intervals.

Each licensee who transports, or delivers to a carrier for transport, in a single shipment, a category 2 quantity of radioactive material shall:

Each licensee who makes arrangements for the shipment of category 1 quantities of radioactive material shall immediately conduct an investigation upon the discovery that a category 1 shipment is lost or missing. Each licensee who makes arrangements for the shipment of category 2 quantities of radioactive material shall immediately conduct an investigation, in coordination with the receiving licensee, of any shipment that has not arrived by the designated no-later-than arrival time.

(6) Reporting of events.

(a) The shipping licensee shall notify the appropriate LLEA and the Division within 1 hour of its determination that a shipment of category 1 quantities of radioactive material is lost or missing. The appropriate LLEA would be the law enforcement agency in the area of the shipment’s last confirmed location. During the investigation required by subparagraph (5)(c) of this rule, the shipping licensee will provide agreed upon updates to the Division on the status of the investigation.

(b) The shipping licensee shall notify the Division within 4 hours of its determination that a shipment of category 2 quantities of radioactive material is lost or missing. If, after 24 hours of its determination that the shipment is lost or missing, the radioactive material has not been located and secured, the licensee shall immediately notify the Division.

(c) The shipping licensee shall notify the designated LLEA along the shipment route as soon as possible upon discovery of any actual or attempted theft or diversion of a shipment or suspicious activities related to the theft or diversion of a shipment of a category 1 quantity of radioactive material. As soon as possible after notifying the LLEA, the licensee shall notify the Division upon discovery of any actual or attempted theft or diversion of a shipment, or any suspicious activity related to the shipment of category 1 radioactive material.

(d) The shipping licensee shall notify the Division as soon as possible upon discovery of any actual or attempted theft or diversion of a shipment, or any suspicious activity related to the shipment, of a category 2 quantity of radioactive material.

(e) The shipping licensee shall notify the Division and the LLEA as soon as possible upon recovery of any lost or missing category 1 quantities of radioactive material.

(f) The shipping licensee shall notify the Division as soon as possible upon recovery of any lost or missing category 2 quantities of radioactive material.

(g) The initial telephonic notification required by subparagraphs (a) through (d) of this paragraph must be followed within a period of 30 days by a written report submitted to the Division. A written report is not required for notifications on suspicious activities required by subparagraphs (c) and (d) of this paragraph. The report must set forth the following information:

A description of the licensed material involved, including kind, quantity, and chemical and physical form;
A description of the circumstances under which the loss or theft occurred;
A statement of disposition, or probable disposition, of the licensed material involved;
Actions that have been taken, or will be taken, to recover the material; and 5. Procedures or measures that have been, or will be, adopted to ensure against a recurrence of the loss or theft of licensed material.

(h) Subsequent to filing the written report, the licensee shall also report any additional substantive information on the loss or theft within 30 days after the licensee learns of such information.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed December 4, 2023; effective March 3, 2024.

Tenn. Comp. R. & Regs. 0400-20-13-.05 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed June 14, 2017; effective September 12, 2017.

Tenn. Comp. R. & Regs. 0400-20-13-.06 RECORDS

(1) Form of records.

Each record required by this chapter must be legible throughout the retention period specified by this chapter. The record may be the original or a reproduced copy or a microform, provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.

(2) Record retention.

Licensees shall maintain the records that are required by the rules in this chapter for the period specified by the appropriate rule. If a retention period is not otherwise specified, these records must be retained until the Division terminates the facility’s license. All records related to this chapter may be destroyed upon the Division’s termination of the facility license.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed June 14, 2017; effective September 12, 2017.

Tenn. Comp. R. & Regs. 0400-20-13-.07 ENFORCEMENT

(1) Inspections.

(a) Each licensee shall afford to the Division at all reasonable times opportunity to inspect category 1 or category 2 quantities of radioactive material and the premises and facilities wherein the nuclear material is used, produced, or stored.

(b) Each licensee shall make available to the Division for inspection, upon reasonable notice, records kept by the licensee pertaining to its receipt, possession, use, acquisition, import, export, or transfer of category 1 or category 2 quantities of radioactive material.

(2) Reserved.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed June 14, 2017; effective September 12, 2017.

Tenn. Comp. R. & Regs. 0400-20-13-.08 APPENDIX TO CHAPTER 0400-20-13

Table 1 – Category 1 and Category 2 Threshold The terabecquerel (TBq) values are the regulatory standard. The curie (Ci) values specified are obtained by converting from the TBq value. The curie values are provided for practical usefulness only.

Table 1 – Category 1 and Category 2 Threshold Radioactive material Category 1 (TBq)

Category 1 (Ci)

Category 2 (TBq)

Category 2 (Ci)

Americium-241................................. 60 1,620 0.6 16.2 Americium-241/Be........................... 60 1,620 0.6 16.2 Californium-252................................ 20 540 0.2 5.40 Cobalt-60.......................................... 30 810 0.3 8.10 Curium-244....................................... 50 1,350 0.5 13.5 Cesium-137...................................... 100 2,700 1 27.0 Gadolinium-153................................ 1,000 27,000 10 270 Iridium-192....................................... 80 2,160 0.8 21.6 Plutonium-238.................................. 60 1,620 0.6 16.2 Plutonium-239/Be............................. 60 1,620 0.6 16.2 Promethium-147............................... 40,000 1,080,000 400 10,800 Radium-226..................................... 40 1,080 0.4 10.8 Selenium-75..................................... 200 5,400 2 54.0 Strontium-90.................................... 1,000 27,000 10 270 Thulium-170.................................... 20,000 540,000 200 5,400 Ytterbium-169................................. 300 8,100 3 81.0 Note: Calculations Concerning Multiple Sources or Multiple Radionuclides The “sum of fractions” methodology for evaluating combinations of multiple sources or multiple radionuclides is to be used in determining whether a location meets or exceeds the threshold and is thus subject to the requirements of this chapter.

I. If multiple sources of the same radionuclide and/or multiple radionuclides are aggregated at a location, the sum of the ratios of the total activity of each of the radionuclides must be determined to verify whether the activity at the location is less than the category 1 or category 2 thresholds of Table 1, as appropriate. If the calculated sum of the ratios, using the equation below, is greater than or equal to 1.0, then the applicable requirements of this chapter apply.

II. First determine the total activity for each radionuclide from Table 1. This is done by adding the activity of each individual source, material in any device, and any loose or bulk material that contains the radionuclide. Then use the equation below to calculate the sum of the ratios by inserting the total activity of the applicable radionuclides from Table 1 in the numerator of the equation and the corresponding threshold activity from Table 1 in the denominator of the equation. Calculations must be performed in metric values (i.e., TBq) and the numerator and denominator values must be in the same units.

R = total activity for radionuclide 1 R = total activity for radionuclide 2 R n = total activity for radionuclide n AR = activity threshold for radionuclide 1 AR = activity threshold for radionuclide 2 AR n = activity threshold for radionuclide n

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: Original rule filed June 14, 2017; effective September 12, 2017. Amendments filed September 1, 2021; effective November 30, 2021. Amendments filed February 28, 2024; effective May 28, 2024.

Chapter 0400-20-14 Fusion

Tenn. Comp. R. & Regs. 0400-20-14-.01 PURPOSE

This chapter establishes requirements for the registration and/or licensing of fusion machines, fusion processes, and fusion-related activities.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.02 SCOPE

Except as otherwise specifically provided, this chapter applies to persons or entities in possession or operation of a fusion machine. A specific license may also be required for the use, possession, or operation of a fusion machine.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.03 DEFINITIONS

As used in this chapter, these terms have the definitions set forth below. (For additional definitions see Rules 0400-20-04-.04, 0400-02-05-.32, 0400-20-06-.03, 0400-20-07-.05, 0400-20-08-.03, 0400-20-09-.03,

Tenn. Comp. R. & Regs. 0400-20-14-.04 FEES

(1) Persons engaged in the business of utilizing fusion machines shall pay an initial non-refundable application filing fee, due at the time of application filing.

(a) The initial application filing fee shall be $50,000 for the initial Certified Fusion Machine Registration and/or License review.

(b) The amount of the annual fee shall be the greater of $5,000 or the actual Division expenses that arise from licensing, inspection, emergency planning and implementation, and environmental surveillance activities as determined by the Division.

(2) The fee required by subparagraphs (1)(a) and (b) of this rule must be made payable to the Division of Radiological Health by check, or other payment method acceptable to the Division, made payable to “Treasurer State of Tennessee.”

History

Authority: T.C.A. §§ 4-5-201, et seq.; 11-1-101, et seq.; 68-202-101, et seq.; 68-202-201, et seq.; and 68- 203-101, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.05 FINANCIAL ASSURANCE

Persons or entities in possession or operation of a fusion machine must comply with the financial assurance requirements of Rule 0400-20-10-.12.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.06 REQUIREMENTS FOR REGISTRATION

(1) No person shall activate a fusion machine until the registration has been certified by the Division.

(2) Application for a Certified Fusion Machine Registration and/or License shall be made to the Division as follows:

(a) Application for Certified Fusion Machine Registration and/or License shall be filed on a form prescribed by the Division.

June, 2026 3 (b) The Division may at any time after the filing of the original application or before the expiration of the Certified Fusion Machine Registration and/or License require further information to enable the Division to determine whether certification should be granted, denied, suspended, modified, or revoked.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.07 GENERAL REQUIREMENTS FOR THE ISSUANCE OF A CERTIFIED FUSION

MACHINE REGISTRATION AND/OR LICENSE.

A registration will be certified if the Division determines that:

(1) The applicant has personnel to use the fusion machine for the requested purposes and to handle any associated radioactive material in such a manner as to protect public health, public safety, and property;

(2) The applicant’s proposed equipment, facilities, and procedures will protect the public health, public safety, and property;

(3) The applicant has a method to retrain and test fusion machine operators and all other associated personnel at least annually to assure continued competency; and (4) The applicant satisfies all applicable requirements of these regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.08 SPECIFIC REQUIREMENTS FOR THE ISSUANCE OF A CERTIFIED FUSION

MACHINE REGISTRATION AND/OR LICENSE.

(1) In addition to the requirements of Rule 0400-20-14-.07, a Certified Fusion Machine Registration and/or License for a fusion machine that is to be used in research and development or energy production will be issued only if:

(a) The applicant has appointed a radiological safety officer who will advise and assist on radiological safety problems; and (b) The applicant has established a radiation safety committee (composed of the radiological safety officer and one or more individuals trained or experienced in the safe use of fusion machines) that will review and approve, in advance, proposals for such use.

(2) An application for a specific Certified Fusion Machine Registration and/or License filed under this rule for a fusion machine must include the following information:

(a) A general description of the fusion machine;

(b) A summary of the radiation safety aspects of the written operating and emergency procedures, including, as applicable:

(i) A description with diagram(s) of the radiation protection measures to be employed for the fusion machine and its radioactive fuel, including all interlocks, access control systems, shielding, and radiation monitors;

June, 2026 4 (ii) A description of the radioactive material handling procedures and inventory control procedures; and (iii) A description of any other components or systems used to control radiation and radioactive material; or 2. As an alternative to part 1. of this subparagraph, a description of any aspects of the fusion machine relevant to radiation safety that differ from the information listed in part 1. of this subparagraph, and an explanation for how they ensure the fusion machine can be operated safely;

(c) A description of the applicant’s organizational structure that describes the radiation safety responsibilities, authorities, and qualifications;

(d) A description of training related to the fusion machine and radiation protection provided to personnel;

(e) A description of the plan for inspection and maintenance of the fusion machine;

(f) A description of the methodology for radioactive material inventory; and (g) Any other information requested by the Division to enable the Division to evaluate whether the fusion machine can be operated safely.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.09 ISSUANCE OF A CERTIFIED FUSION MACHINE REGISTRATION AND/OR LICENSE

(1) Upon a determination that an application meets the applicable requirements of Chapters 0400- 20-04 through 0400-20-13, the Division will issue a Certified Fusion Machine Registration and/or License authorizing the proposed activity.

(2) The Division may incorporate in any Certified Fusion Machine Registration and/or License at the time of issuance, or thereafter by such additional provision with respect to the registrant’s machine as it deems appropriate or necessary in order to:

(a) Protect public health, public safety, and property; and (b) Require reports and the keeping of records, as may be necessary to evaluate activities conducted under the Certified Fusion Machine Registration and/or License.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.10 SPECIFIC TERMS AND CONDITIONS OF A CERTIFIED FUSION MACHINE

REGISTRATION AND/OR LICENSE.

(1) Certified Registrations issued pursuant to this chapter shall be subject to all rules, regulations, and orders of the Division.

(2) Any person registered by the Division pursuant to this chapter shall confine the use and possession of the fusion machine to the locations and purposes authorized in the Certified Fusion Machine Registration and/or License.

June, 2026 5

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.11 EXPIRATION OF A CERTIFIED FUSION MACHINE REGISTRATION AND/OR

LICENSE.

The expiration of a Certified Fusion Machine Registration and/to License is subject to the requirements in

Rule 0400-20-10-.17.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.12 RENEWAL OF A CERTIFIED FUSION MACHINE REGISTRATION AND/OR LICENSE

(1) A request for renewal of a Certified Fusion Machine Registration and/or License shall be filed in accordance with paragraph (2) of Rule 0400-20-14-.06.

(2) If a registrant, not less than 30 days prior to expiration of the registrant’s existing Certified Fusion Machine Registration and/or License, has filed a complete request in proper form for a renewed Registration authorizing the same activities, the existing Certified Registration and/or License shall not expire until the request has been finally determined by the Division.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.13 AMENDMENT OF A CERTIFIED FUSION MACHINE REGISTRATION AND/OR

LICENSE AT THE REQUEST OF THE REGISTRANT OR LICENSEE.

Requests for amendment of a Certified Fusion Machine Registration and/or License shall be filed in accordance with paragraph (2) of Rule 0400-20-14-.06 and shall specify the manner in which the registrant desires the Certified Fusion Machine Registration and/or License to be amended and the grounds for such amendment.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.14 DIVISION ACTION ON REQUEST TO RENEW OR AMEND

Upon a request by a registrant to renew or amend the registrant’s Certified Fusion Machine Registration and/or License, the Division will consider requirements, including but not limited to Rules 0400-20-14-.07 and 0400-20-14-.08 as applicable.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.15 INALIENABILITY OF CERTIFIED FUSION MACHINE REGISTRATIONS AND/OR

LICENSES.

No Certified Fusion Machine Registration and/or License issued or granted under this chapter and no right to utilize a fusion machine granted by any Certified Fusion Machine Registration and/or License issued pursuant to this chapter shall be transferred, assigned, or in any manner disposed of, either voluntarily, or involuntarily, directly, or indirectly, through transfer of control of any Certified Fusion Machine Registration and/or License to any persons unless the Division has found that the transfer, assignment or disposal is in accordance with the provisions of this chapter and has given its consent in writing.

June, 2026 6

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.16 MODIFICATION, REVOCATION, AND TERMINATION OF A CERTIFIED FUSION

MACHINE REGISTRATION AND/OR LICENSE.

(1) A Certified Fusion Machine Registration and/or License is subject to amendment, revision, or modification or may be suspended or revoked by reason of amendments to T.C.A §§ 68-202- 201 to -217, or by reason of rules or regulations issued by the Division.

(2) Any Certified Fusion Machine Registration and/or License may be revoked, suspended, or modified, in whole or part, for any material false statement in the application or in any statement of fact required under provisions of T.C.A. §§ 68-202-201 to -217, or because of conditions revealed by such application or statement of fact of any report, records, or inspection or other means that would warrant the Division to refuse to grant a Certified Fusion Machine Registration and/or License on an original application, or for violation of, or failure to observe any of the terms and conditions of T.C.A. §§ 68-202-201 to -217, or of the Certified Fusion Machine Registration and/or License or of any rule or regulation of the Division. This action will be taken pursuant to T.C.A. Title 68, Chapter 202.

(3) The Division may terminate a Certified Fusion Machine Registration and/or License upon written request submitted by the registrant to the Division.

(4) Any action to suspend, revoke, or terminate a license or registration by the Division will be conducted pursuant to T.C.A. § 4-5-320.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.17 RECORDS

In addition to the records required by Chapters 0400-20-04 through 0400-20-08 and Chapters 0400-20-10 through 0400-20-12, each Registrant and/or Licensee shall maintain records of any tests or surveys required by this chapter until termination of the Registration and/or License.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.18 GENERAL SAFETY PROVISIONS

(1) The Division may grant a written exemption from specific requirements of this chapter if the applicant or registrant demonstrates, to the Division’s satisfaction, achievement of radiation protection, through other means, equivalent to that required by Chapters 0400-20-04 through 0400-20-08 or Chapters 0400-20-10 through 0400-20-12.

(2) Each Registrant and/or Licensee shall provide personnel monitoring devices calibrated for the radiations and energies of radiation produced by the fusion machine and used as required by Rules 0400-20-05-.70 and 0400-20-05-.71.

(4) Controls and safety devices.

June, 2026 7 (a) Only the fusion machine operator at the control panel shall be able to activate a fusion machine to create a radiation field in any area in which an individual could receive a dose in excess of two millirems per hour.

(b) All entrances into a target room or other high radiation areas shall be provided with interlocks.

(d) When any interlock is interrupted, broken, or tripped, either the fusion machine shall shut off automatically or the radiation level within the room will be reduced to an average of not more than two millirems per hour and a maximum of 10 millirems per hour at a distance of one meter in any direction from any accessible surface of the fusion machine system. After shut-off or reduction in output, it shall be possible to restore the fusion machine to full operation only from the control panel. Radiation levels produced by radioactive materials shall not be considered as the radiation levels to be reduced by such controls.

(e) Interlocks shall not be used to shut off the fusion machine except in an emergency or during testing.

(f) Emergency shut-off switches shall be located within the high radiation areas so as to be accessible to individuals therein within the warning period. These switches and their mode of operation shall be identified by a conspicuously posted sign adjacent to the switch. These switches shall be capable of automatically causing the fusion machine to either shut off or reduce the radiation level to an average of not more than two millirems per hour and a maximum of 10 millirems per hour at a distance of one meter in any direction from any accessible surface of the fusion machine system. These shut-off switches shall include a manual reset at each switch, which must be reset at the switch before the fusion machine may be restarted by the fusion machine operator at the control panel. Radiation levels produced by radioactive material shall not be considered as the radiation levels to be reduced by such control.

(g) All locations designated as high radiation areas shall be equipped with visual flashing or rotating warning lights that operate when, and only when, radiation is being produced.

Each entrance to such area shall have a visual warning device, which need not be flashing or rotating, but operates when, and only when radiation is being produced.

(h) Each high radiation area shall have an audible warning device which shall be activated for at least five seconds prior to the possible creation of such high radiation area.

Following the activation of the audible warning device, there shall be a delay of not less than 30 seconds before the high radiation area may be produced. Such warning device shall be discernible in all high radiation and radiation areas.

(i) All meters and controls on the fusion machine control console shall be identified and discernible.

(j) The fusion machine control panel shall be provided with a locking device to prevent use by unauthorized individuals. Such locking device shall, when locked, make the fusion machine incapable of creating a radiation field in any areas in which an individual could receive a dose in excess of two millirems per hour.

(k) There shall be available at each facility portable radiation monitoring equipment that is operable and has been calibrated for the radiations being produced by the facility. Such equipment shall be tested for operation and calibrated at intervals not to exceed three June, 2026 8 months and after each instrument servicing and repair. A note shall be attached to each instrument showing the latest calibration date. Records of calibration shall be maintained for inspection by the Division.

(l) There shall be present at the control panel and at entrances to all high radiation areas a device that shall give a continuous indication of the radiation levels present in the target or areas.

(m) Electrical circuit diagrams of the fusion machine and the associated interlock systems shall be kept current and on file at each fusion machine facility.

(n) All high radiation areas shall be so constructed that persons within the area may at all times be able to escape.

(5) Operation.

(a) Only fusion machine operators qualified as required under Rule 0400-20-14-.19 shall be allowed to unlock and operate the control panel of a fusion machine.

(b) Interlocks may be bypassed only to test, adjust, maintain, and/or rearrange equipment provided a conspicuous indication of such condition is made at the control panel. This subparagraph does not authorize the operation of a fusion machine with the high radiation area warning devices or emergency shut off switches incapable of proper operation.

Only be authorized by the radiation safety officer;
Only be performed for a specific time;
Be recorded showing the date, length of time bypassed, reason for bypassing, and signed by the individual installing and removing the bypass. These records shall be maintained for inspection by the Division; and 4. Be performed at low power and current, if possible.

(d) No individual shall be permitted to enter an area, the access of which is controlled by interlocks, while such interlocks are bypassed, as permitted in subparagraph (b) of this paragraph, unless such individual is utilizing personnel monitoring equipment that will give an audible indication when a dose rate of 15 millirems per hour is exceeded. The personnel monitoring equipment referred to in this paragraph is in addition to that required elsewhere in these rules. Calibration requirements of subparagraph (4)(k) of

Rule 0400-20-09-.17 shall also apply to such personnel monitoring equipment.

(e) The fusion machine operator shall have at the control panel a copy of the operating and emergency procedures.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.19 LIMITATIONS

No Registrant and/or Licensee shall permit any person to act as a fusion machine operator as defined in

Rule 0400-20-14-.03 until such person has:

June, 2026 9 (1) Been instructed in the subjects listed in Rule 0400-20-14-.22;

(2) Received copies of and instruction in the applicable portions of these rules, a copy of the facility’s Certified Fusion Machine Registration and/or License, and the Registrant’s and/or Licensee’s operating and emergency procedures; and (3) Physically demonstrated competence to use the fusion machine, related equipment, and survey instruments that will be employed in the fusion machine operator’s assignment.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.20 OPERATING AND EMERGENCY PROCEDURES

The Registrant’s and/or Licensee’s operating and emergency procedures shall include instructions in at the least the following:

(1) The use of the fusion machine in such a manner that no person will be exposed to radiation doses in excess of the limits established in Chapter 0400-20-05;

(2) Methods and occasions for conducting surveys;

(3) Methods for controlling access to high radiation areas;

(4) Methods and occasions for locking the control panel of the fusion machine;

(5) Personnel monitoring and the use of personnel monitoring equipment;

(6) Methods for minimizing exposure of individuals in the event of an accident;

(7) Notification procedures in the event of an accident; and (8) The maintenance of records.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.21 TESTS AND SURVEYS

Each Registrant and/or Licensee shall:

(1) Test all safety and warning devices including interlocks at intervals not to exceed three months to determine that they are functioning properly;

(2) In conjunction with initial operation and after changes have been made in shielding, operating parameters, equipment, or occupancy of adjacent areas, make a survey as required in Rule

Tenn. Comp. R. & Regs. 0400-20-14-.22 MINIMUM SUBJECTS TO BE COVERED IN TRAINING FUSION MACHINE

OPERATORS.

Fusion machine operators must receive training on the following subjects:

(1) Fundamentals of radiation safety:

(a) Characteristics of radiation;

(b) Units of radiation dose and exposure and quantity of radioactivity;

Working time;
Working distance; and 3. Shielding;

(2) Radiation detection instrumentation to be used:

(a) Use of radiation survey instruments:

Operation;
Calibration; and 3. Limitations;

(b) Survey techniques:

Methods of surveys; and 2. Records that must be made and retained; and (c) Use of personnel monitoring equipment;

(3) Operation and control of fusion machines;

(4) The requirements of state rules; and (5) The registrant’s written operating and emergency procedures.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.23 INSPECTIONS

Any fusion facilities or fusion activities shall be inspected on an annual basis or as determined by the Division.

June, 2026 11

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-14-.24 HEALTH AND SAFETY

Any licensee or registrant subject to this chapter shall follow any applicable radiation protection rules set forth in Chapters 0400-20-04, 0400-20-05, and 0400-20-14.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-11-.03 , 0400-20-12-.03, and 0400-20-13-.01.)

(1) “Fusion” means a reaction in which at least one heavier, more stable nucleus is produced from two lighter, less stable nuclei.

(2) “Fusion machine” means a machine that is capable of:

June, 2026 2 (a) Transforming atomic nuclei, through fusion processes, into different elements, isotopes, or other particles; and (b) Directly capturing and using the resultant products, including particles, heat, or other electromagnetic radiation.

(3) “Fusion machine operator” means a person who manipulates the controls of a fusion machine and who is responsible to the registrant or licensee for assuring compliance with the requirements of this chapter and all Certified Fusion Machine Registration and/or License conditions during operation of the fusion machine.

(4) “Fusion-related event” means an incident that meets the criteria in paragraphs (1) and (2) of

Rule 0400-20-05-.141.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

Tenn. Comp. R. & Regs. 0400-20-05-.70 ;

(3) Test any interlock that has been bypassed or otherwise prevented from operation, when such interlock is returned to use, to determine if it is functioning properly; and (4) Have a survey made of each radiation area upon the initial entry by personnel into these areas following the operation of the fusion machine. The Registrant and/or Licensee shall not be required to make a record of the survey required by this paragraph.

June, 2026 10

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-202-101, et seq.; and 68-202-201, et seq.
Administrative History: New rules filed March 11, 2026; effective June 9, 2026.

0400-30 Division of Air Pollution Control (Transferred from chapter 1200-03-17, which was repealed)

Chapter 0400-30-17 Conflict of Interest (Transferred from 1200-03-17, which was repealed)

Tenn. Comp. R. & Regs. 0400-30-17-.01 PURPOSE AND INTENT

(1) It is the purpose of this chapter to address requirements for the state air pollution control board imposed through the federal Clean Air Act, as amended, (42 USC §§ 7401 et seq.) with respect to the composition of the board and conflict-of-interest provisions in hearing cases involving permits and enforcement and also to adopt a conflict of interest policy required by T.C.A § 68-201-105(e). Conflict of interest described at 42 USC § 7428 is addressed in Rules 0400-30-17-.02 and 0400-30-17-.03. Conflict of interest described at 42 USC § 7429(e) is addressed in Rule 0400-30-17-.04. The conflict of interest policy required by T.C.A. § 68-201-105(e) is addressed in Rule 0400-30-17-.05.

History

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 25, 2013; effective September 23, 2013. Rule renumbered from 1200-03-17.

Tenn. Comp. R. & Regs. 0400-30-17-.02 PROTECTING THE PUBLIC INTEREST

(1) The Board shall at its first meeting in a calendar year or after receiving a new member determine that it has at least a majority of members who represent the public interest and who do not derive any significant portion of their income from persons subject to permits or enforcement orders under this rule division, 0400-30 or rule division 1200-03.

(2) Definitions (a) “Represent the public interest” means not owning a controlling interest in, having 5% or more of his or her capital invested in, serve as attorney for, act as a consultant for, serve as officer or director of, or hold any other official or contractual relationship with, either a person subject to permits or enforcement orders under this rule division, 0400- 30 or rule division 1200-03, or a trade or business association of which such a person is a member.

(b) “Significant portion of income” means 10% or more of gross personal income for a calendar year, including retirement benefits, consultant fees, and stock dividends, except that it shall mean 50% or more of gross personal income for a calendar year if the recipient is over 60 years of age and receiving such a portion pursuant to retirement, pension, or similar arrangement. The term “significant portion of income” also means any one or more of the following situations:

When the Technical Secretary or the Board Member receives more than $5,000 annually in investment income from a source. Said investment is limited to those that arise from the purchase of shares of stock in the source that were purchased on the open market and generally available to any person at that price.

September, 2013 2 2. When the Technical Secretary or Board Member receives more than $100 annually due to a private investment made in a source. Said private investment is one where the purchase of stock or interest in a partnership was made directly with the source and such opportunity was not generally available to the public as a whole.

When the Technical Secretary or Board Member receives a salary in any amount from a source for services rendered.
When the Technical Secretary or Board Member sells or is about to sell property or equipment to a source. For the purposes of this part, equipment does not include consumer goods that are offered to the public at the same price offered to the source.
When the Technical Secretary or Board Member buys or is about to buy property or equipment from a source. For the purposes of this part, equipment does not include consumer goods that can be purchased by the public at the same price the source offered to the Technical Secretary or Board Member.
When the Technical Secretary or Board Member has taken out a loan from a source in any amount unless:

(i) The loan is from a financial institution whose deposits are insured by an entity of the federal government, or such loan is made in accordance with existing law and is made in the ordinary course of business. A loan is made in the ordinary course of business if the lender is in the business of making loans, and the loan bears the usual and customary interest rate of the lender for the category of loan involved is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule;

(ii) The loan is secured by a recorded security interest in collateral, bears the usual and customary interest rate of the lender for the category of loan involved, is made on a basis which assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule.

For purpose of this subparagraph, income derived from mutual-fund payments, or from other diversified investments as to which the recipient does not know the identity of the primary sources of income, shall be considered part of the recipient’s gross personal income but shall not be treated as income derived from persons subject to permits or enforcement orders under this rule division, 0400-30 or rule division 1200-03.

rule division 1200-03” or a “source,” as used in this chapter, includes any individual, corporation, partnership, or association who holds, is an applicant for, or is subject to any permit, or who is or may become subject to any enforcement order under this rule division, 0400-30 or rule division 1200-03, except that it does not include:

An individual who is or may become subject to an enforcement order by reason of his or her ownership or operation of a motor vehicle, 2. Any department or agency of a state, local, or regional government; or 3. Any individual who is involved in the program of an institute of higher learning whose duties do not include the institute’s compliance with this rule division, 0400-30 or rule division 1200-03.

September, 2013 3 (3) Upon the request of the Technical Secretary, members of the Board shall provide the necessary information needed to determine compliance with paragraph (1) of this rule.

(4) In the event that the Board cannot make a finding that at least a majority of the Board as constituted by appointment of its members meets the requirements required by the Clean Air Act, as amended, at § 128 (42 USC § 7428), then the Technical Secretary shall notify the Governor of the Board’s failure to make a determination that at least a majority of its membership meets § 128 requirements. The Technical Secretary shall also advise and make recommendations regarding corrective action necessary to allow the Board to be qualified under § 128 including substitutionary appointments of a member or members. The Board shall not act to hear contested cases until it has determined that it can do so consistent with § 128.

History

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 25, 2013; effective September 23, 2013. Rule renumbered from 1200-03-17.

Tenn. Comp. R. & Regs. 0400-30-17-.03 CONFLICT OF INTEREST ON THE PART OF THE BOARD AND TECHNICAL

SECRETARY.

(1) Definition - A “conflict of interest” occurs when a Board member or the Technical Secretary takes an action in the performance of their duties that singularly benefits a source when the Board member or the Technical Secretary has a significant portion of their personal income derived from the operations of said source.

The actual or potential receipt of penalties, judgments, grant awards, or fees by the State of Tennessee as a result of promulgated rules, orders by the Technical Secretary, Board orders, judgments awarded in a court of law, or grant applications to government or private entities shall not identify the State of Tennessee as a source as that term is defined in subparagraph (2)(c) of Rule 0400-30-17-.02. If a specific case involves a source of pollution owned or operated by state or federal government, the Technical Secretary or Board member shall have a conflict of interest only if a significant portion of his or her income is derived from the operation of that source of pollution.

(2) Declaration - Prior to the issuance of a permit, variance or an enforcement order that requires an action on their part, the Technical Secretary or a Board member shall issue a written statement that declares any conflict of interest that they may have in the matter. Statements by the Technical Secretary shall be written and delivered to the Chairman or Vice-Chairman of the Board. Statements by Board members may either be in writing or be verbal and made

part of the Board Meeting minutes. No Board Member or the Technical Secretary shall be required to quantify their conflict of interest or make a more detailed explanation of their conflict than otherwise required by Rule 0400-30-17-.05 or by T.C.A. § 4-5-302. For the

purpose of this chapter, a “yes” or “no” declaration is sufficient and that is required only if a conflict of interest is present.

(3) Rulemaking Exclusion - It is recognized that the Board’s make-up is such that certain interest groups are represented by each Board member. To that end, a Board member supporting rulemaking for their interest group as a whole will not be viewed as having a conflict of interest for such advocacy. However, industry-specific rulemaking that would relax an otherwise general emission standard or procedural requirement for a source that causes a Board member to have a conflict of interest shall be subject to a disclosure of conflict of interest by Board members.

(4) Procedure When a Conflict of Interest is Encountered – September, 2013 4 (a) Procedure for the Technical Secretary - In the event that the Technical Secretary has a conflict of interest, his actions in such matters shall be subject to ratification by the Board. The Board shall have the power to affirm, modify or set aside the proposed actions of the Technical Secretary. Upon ratification, the Technical Secretary’s action shall become final.

Any timelines for action placed upon the Technical Secretary or Department in this rule division, 0400-30 or rule division 1200-03, shall be extended by the amount of time needed to bring the proposed action to the Board for review and ratification. Deadlines for action imposed by federal regulations of the United States Environmental Protection Agency are not eligible for such extension.

Similarly, deadlines specifically imposed in Tennessee statutes are not eligible for such extension.

(b) Procedure for Board Members - In the event that a Board member has a conflict of interest, the following procedures shall apply:

If a Board member has a conflict of interest as that term is defined in this chapter, the Board member shall recuse himself or herself from participation in the matter for which the conflict exists as provided in Rule 0400-30-17-.05.

History

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 25, 2013; effective September 23, 2013. Rule renumbered from 1200-03-17.

Tenn. Comp. R. & Regs. 0400-30-17-.04 CONFLICT OF INTEREST IN THE PERMITTING OF MUNICIPAL SOLID WASTE

INCINERATION UNITS.

(1) No permit for a solid waste incineration unit that combusts municipal waste shall be issued by the Technical Secretary if he is responsible in whole or part, for the design and construction or operation of the unit. In the event that the Technical Secretary faces such a permit decision, the procedures of subparagraph (4)(a) of Rule 0400-30-17-.03 shall apply to his development of a draft permit for Board ratification.

(2) No permit for a solid waste incineration unit that combusts municipal solid waste shall be approved or denied by a Board member that is a person responsible in whole or part, for the design and construction or operation of the unit. Such Board member shall recuse himself or herself as provided in Rule 0400-30-17-.05.

History

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 25, 2013; effective September 23, 2013. Rule renumbered from 1200-03-17.

Tenn. Comp. R. & Regs. 0400-30-17-.05 POLICY OF ETHICS AND THE AVOIDANCE OF CONFLICTS OF INTEREST

(1) The Policy of the Board (a) No member of the Board shall participate in making any decision concerning a permit, enforcement case, or upon a case in which the municipality, firm or organization which the member represents, or by which the member is employed, or in which the member derives a significant portion of income, is involved, or is in any way a conflict of interest as defined by Rules 0400-30-17-.03 and 0400-30-17-.04.

(b) Each member of the Board shall avoid any action, whether or not specifically prohibited by statute or regulation, which might result in or create the appearance of:

Using public office for private gain;

September, 2013 5 2. Losing complete independence or impartiality;

Making a government decision outside of official channels; or 4. Affecting adversely the confidence of the public in the integrity of the government.

Use, disclose, or allow the use of official information which was obtained through or in connection with his or her appointment to the board and which has not been made available to the general public for the purpose of furthering the private interest or personal profit or any person, including the board member; or 2. Engage in a financial transaction as a result of, or primarily relying upon, information obtained through his or her appointment to the board.

(d) No member of the Board shall make use of the facilities, equipment, personnel, or supplies of the State or its agencies for private use or gain, except to the extent that the use is de minimis or it’s lawfully available to the general public.

(e) Each member of the Board shall avoid all known conflicts of interest, and to the extent the member of the Board becomes aware of a conflict of interest in connection with any matter brought before the Board, the member of the Board shall disclose such conflict, as provided in paragraph (2) of Rule 0400-30-17-.03, to the other members of the Board, Administrative Law Judge, and/or other appropriate person(s) and will further recuse himself or herself from participating in any consideration of the matter.

(f) No member of the Board shall participate in discussions or actions involving individuals in his or her immediate family, individuals employed by the member of the Board or the member of the Board’s business or any other matter in which the member of the Board’s participation may create an appearance of bias or impropriety.

(g) When a member of the Board is in doubt as to the proper interpretation of this rule, he or she shall seek the advice of the Department’s Office of General Counsel.

(2) Each member of the Board during the first meeting of the Board each calendar year, or the member’s first attendance of a Board meeting of the calendar year, shall:

(a) Make a written disclosure of financial interests or other possible conflicts of interest;

(b) Acknowledge in writing that they have read and understand all aspects of this rule; and (c) State as a condition of serving as a member of the board that he or she is not in conflict with the conditions of this rule.

History

Authority: T.C.A. §§ 68-201-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 25, 2013; effective September 23, 2013. Rule renumbered from 1200-03-17.

Chapter 0400-30-38 Emission Standards for Hazardous Air Pollutants

Tenn. Comp. R. & Regs. 0400-30-38-.01 FEDERAL STANDARDS FOR HAZARDOUS AIR POLLUTANTS

(1) The provisions of the subparts and appendices of 40 C.F.R. Part 63 listed in subparagraph (b) of this paragraph are hereby incorporated by reference as published in the July 1, 2023, edition of the Code of Federal Regulations (C.F.R.), except as provided in subparagraph (a) of this paragraph.

(a) Any reference contained in 40 C.F.R. Part 63 (as published in the July 1, 2023, edition of the Code of Federal Regulations) to the:

Administrator shall instead be a reference to the Technical Secretary of the Tennessee Air Pollution Control Board, except for specific authorities that have not been delegated to the State of Tennessee; and 2. EPA regional office shall instead be a reference to the EPA Region IV office.

(b) List of federal regulations under 40 C.F.R. Part 63:

40 C.F.R. Part 63 Subpart A: General Provisions;
40 C.F.R. Part 63 Subpart B: Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j);
40 C.F.R. Part 63 Subpart D: Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants;
40 C.F.R. Part 63 Subpart F: National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry;
40 C.F.R. Part 63 Subpart G: National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater;
40 C.F.R. Part 63 Subpart H: National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks;
40 C.F.R. Part 63 Subpart I: National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks;
40 C.F.R. Part 63 Subpart J: National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production;
Reserved;
40 C.F.R. Part 63 Subpart L: National Emission Standards for Coke Oven Batteries;
40 C.F.R. Part 63 Subpart M: National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities;
40 C.F.R. Part 63 Subpart N: National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks;
40 C.F.R. Part 63 Subpart O: Ethylene Oxide Emissions Standards for Sterilization Facilities;
Reserved;
40 C.F.R. Part 63 Subpart Q: National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers;
40 C.F.R. Part 63 Subpart R: National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations);
40 C.F.R. Part 63 Subpart S: National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry;
40 C.F.R. Part 63 Subpart T: National Emission Standards for Halogenated Solvent Cleaning;
40 C.F.R. Part 63 Subpart U: National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins;
Reserved;
40 C.F.R. Part 63 Subpart W: National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production;
40 C.F.R. Part 63 Subpart X: National Emission Standards For Hazardous Air Pollutants From Secondary Lead Smelting;
40 C.F.R. Part 63 Subpart Y: National Emission Standards for Marine Tank Vessel Loading Operations;
Reserved;
40 C.F.R. Part 63 Subpart AA: National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants;
40 C.F.R. Part 63 Subpart BB: National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production Plants;
40 C.F.R. Part 63 Subpart CC: National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries;
40 C.F.R. Part 63 Subpart DD: National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations;
40 C.F.R. Part 63 Subpart EE: National Emission Standards for Magnetic Tape Manufacturing Operations;
Reserved;
40 C.F.R. Part 63 Subpart GG: National Emission Standards for Aerospace Manufacturing and Rework Facilities;
40 C.F.R. Part 63 Subpart HH: National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities;
40 C.F.R. Part 63 Subpart II: National Emission Standards for Shipbuilding and Ship Repair (Surface Coating);
40 C.F.R. Part 63 Subpart JJ: National Emission Standards for Wood Furniture Manufacturing Operations;
40 C.F.R. Part 63 Subpart KK: National Emission Standards for the Printing and Publishing Industry;
40 C.F.R. Part 63 Subpart LL: National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants;
40 C.F.R. Part 63 Subpart MM: National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills;
40 C.F.R. Part 63 Subpart NN: National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing at Area Sources;
40 C.F.R. Part 63 Subpart OO: National Emission Standards for Tanks—Level 1;
40 C.F.R. Part 63 Subpart PP: National Emission Standards for Containers;
40 C.F.R. Part 63 Subpart QQ: National Emission Standards for Surface Impoundments;
40 C.F.R. Part 63 Subpart RR: National Emission Standards for Individual Drain Systems;
40 C.F.R. Part 63 Subpart SS: National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process;
40 C.F.R. Part 63 Subpart TT: National Emission Standards for Equipment Leaks—Control Level 1;
40 C.F.R. Part 63 Subpart UU: National Emission Standards for Equipment Leaks—Control Level 2 Standards;
40 C.F.R. Part 63 Subpart VV: National Emission Standards for Oil-Water Separators and Organic-Water Separators;
40 C.F.R. Part 63 Subpart WW: National Emission Standards for Storage Vessels (Tanks)—Control Level 2;
40 C.F.R. Part 63 Subpart XX: National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations;
40 C.F.R. Part 63 Subpart YY: National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards;
Reserved;
Reserved;
Reserved;
40 C.F.R. Part 63 Subpart CCC: National Emission Standards for Hazardous Air Pollutants for Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants;
40 C.F.R. Part 63 Subpart DDD: National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production;
40 C.F.R. Part 63 Subpart EEE: National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors;
Reserved;
40 C.F.R. Part 63 Subpart GGG: National Emission Standards for Pharmaceuticals Production;
40 C.F.R. Part 63 Subpart HHH: National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Storage Facilities;
40 C.F.R. Part 63 Subpart III: National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production;
40 C.F.R. Part 63 Subpart JJJ: National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins;
Reserved;
40 C.F.R. Part 63 Subpart LLL: National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry;
40 C.F.R. Part 63 Subpart MMM: National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production;
40 C.F.R. Part 63 Subpart NNN: National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing;
40 C.F.R. Part 63 Subpart OOO: National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins;
40 C.F.R. Part 63 Subpart PPP: National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production;
40 C.F.R. Part 63 Subpart QQQ: National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting;
40 C.F.R. Part 63 Subpart RRR: National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production;
Reserved;
40 C.F.R. Part 63 Subpart TTT: National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting;
40 C.F.R. Part 63 Subpart UUU: National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units;
40 C.F.R. Part 63 Subpart VVV: National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works;
Reserved;
40 C.F.R. Part 63 Subpart XXX: National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese;
Reserved;
Reserved;
40 C.F.R. Part 63 Subpart AAAA: National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills;
Reserved;
40 C.F.R. Part 63 Subpart CCCC: National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast;
40 C.F.R. Part 63 Subpart DDDD: National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products;
40 C.F.R. Part 63 Subpart EEEE: National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline);
40 C.F.R. Part 63 Subpart FFFF: National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing;
40 C.F.R. Part 63 Subpart GGGG: National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production;
40 C.F.R. Part 63 Subpart HHHH: National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production;
40 C.F.R. Part 63 Subpart IIII: National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks;
40 C.F.R. Part 63 Subpart JJJJ: National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating;
40 C.F.R. Part 63 Subpart KKKK: National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans;
Reserved;
40 C.F.R. Part 63 Subpart MMMM: National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products;
40 C.F.R. Part 63 Subpart NNNN: National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances;
40 C.F.R. Part 63 Subpart OOOO: National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles;
40 C.F.R. Part 63 Subpart PPPP: National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products;
40 C.F.R. Part 63 Subpart QQQQ: National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products;
40 C.F.R. Part 63 Subpart RRRR: National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture;
40 C.F.R. Part 63 Subpart SSSS: National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil;
40 C.F.R. Part 63 Subpart TTTT: National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations;
40 C.F.R. Part 63 Subpart UUUU: National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing;
40 C.F.R. Part 63 Subpart VVVV: National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing;
40 C.F.R. Part 63 Subpart WWWW: National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production;
40 C.F.R. Part 63 Subpart XXXX: National Emissions Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing;
40 C.F.R. Part 63 Subpart YYYY: National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines;
40 C.F.R. Part 63 Subpart ZZZZ: National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines;
40 C.F.R. Part 63 Subpart AAAAA: National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants;
40 C.F.R. Part 63 Subpart BBBBB: National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing;
40 C.F.R. Part 63 Subpart CCCCC: National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks;
40 C.F.R. Part 63 Subpart DDDDD: National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters;
40 C.F.R. Part 63 Subpart EEEEE: National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries;
40 C.F.R. Part 63 Subpart FFFFF: National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities;
40 C.F.R. Part 63 Subpart GGGGG: National Emission Standards for Hazardous Air Pollutants: Site Remediation;
40 C.F.R. Part 63 Subpart HHHHH: National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing;
40 C.F.R. Part 63 Subpart IIIII: National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants;
40 C.F.R. Part 63 Subpart JJJJJ: National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing;
40 C.F.R. Part 63 Subpart KKKKK: National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing;
40 C.F.R. Part 63 Subpart LLLLL: National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing;
40 C.F.R. Part 63 Subpart MMMMM: National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations;
40 C.F.R. Part 63 Subpart NNNNN: National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production;
Reserved;
40 C.F.R. Part 63 Subpart PPPPP: National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands;
40 C.F.R. Part 63 Subpart QQQQQ: National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities;
40 C.F.R. Part 63 Subpart RRRRR: National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing;
40 C.F.R. Part 63 Subpart SSSSS: National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing;
40 C.F.R. Part 63 Subpart TTTTT: National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining;
40 C.F.R. Part 63 Subpart UUUUU: National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units;
Reserved;
40 C.F.R. Part 63 Subpart WWWWW: National Emission Standards for Hospital Ethylene Oxide Sterilizers;
Reserved;
40 C.F.R. Part 63 Subpart YYYYY: National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities;
40 C.F.R. Part 63 Subpart ZZZZZ: National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources;
Reserved;
40 C.F.R. Part 63 Subpart BBBBBB: National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities;
Reserved;
40 C.F.R. Part 63 Subpart DDDDDD: National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources;
40 C.F.R. Part 63 Subpart EEEEEE: National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources;
40 C.F.R. Part 63 Subpart FFFFFF: National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources;
40 C.F.R. Part 63 Subpart GGGGGG: National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium;
40 C.F.R. Part 63 Subpart HHHHHH: National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources;
Reserved;
40 C.F.R. Part 63 Subpart JJJJJJ: National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources;
Reserved;
40 C.F.R. Part 63 Subpart LLLLLL: National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources;
40 C.F.R. Part 63 Subpart MMMMMM: National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources;
40 C.F.R. Part 63 Subpart NNNNNN: National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds;
40 C.F.R. Part 63 Subpart OOOOOO: National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources;
40 C.F.R. Part 63 Subpart PPPPPP: National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources;
40 C.F.R. Part 63 Subpart QQQQQQ: National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources;
40 C.F.R. Part 63 Subpart RRRRRR: National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources;
40 C.F.R. Part 63 Subpart SSSSSS: National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources;
40 C.F.R. Part 63 Subpart TTTTTT: National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources;
Reserved;
40 C.F.R. Part 63 Subpart VVVVVV: National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources;
40 C.F.R. Part 63 Subpart WWWWWW: National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations;
40 C.F.R. Part 63 Subpart XXXXXX: National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories;
40 C.F.R. Part 63 Subpart YYYYYY: National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities;
40 C.F.R. Part 63 Subpart ZZZZZZ: National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries;
40 C.F.R. Part 63 Subpart AAAAAAA: National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing;
40 C.F.R. Part 63 Subpart BBBBBBB: National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry;
40 C.F.R. Part 63 Subpart CCCCCCC: National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied Products Manufacturing;
40 C.F.R. Part 63 Subpart DDDDDDD: National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing;
40 C.F.R. Part 63 Subpart EEEEEEE: National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category;
Reserved;
Reserved;
40 C.F.R. Part 63 Subpart HHHHHHH: National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride and Copolymers Production;
Appendix A to Part 63: Test Methods;
Appendix B to Part 63: Sources Defined for Early Reduction Provisions;
Appendix C to Part 63: Determination of the Fraction Biodegraded (Fbio) in a Biological Treatment Unit;
Appendix D to Part 63: Alternative Validation Procedure for EPA Waste and Wastewater Methods; and 167. Appendix E to Part 63: Monitoring Procedure for Nonthoroughly Mixed Open Biological Treatment Systems at Kraft Pulp Mills Under Unsafe Sampling Conditions.

(2) The provisions of the subparts and appendices of 40 C.F.R. Part 61 listed in subparagraph (b) of this paragraph are hereby incorporated by reference as published in the July 1, 2023, edition of the Code of Federal Regulations (C.F.R.), except as provided in subparagraph (a) of this paragraph.

(a) Any reference contained in 40 C.F.R. Part 61 (as published in the July 1, 2023, edition of the Code of Federal Regulations) to the:

Administrator shall instead be a reference to the Technical Secretary, except for specific authorities that have not been delegated to the State of Tennessee; and 2. EPA regional office shall instead be a reference to the EPA Region IV office.

(b) List of Federal Regulations under 40 C.F.R. Part 61:

40 C.F.R. Part 61 Subpart A: General Provisions;
40 C.F.R. Part 61 Subpart B: National Emission Standards for Radon Emissions From Underground Uranium Mines;
40 C.F.R. Part 61 Subpart C: National Emission Standard for Beryllium;
40 C.F.R. Part 61 Subpart D: National Emission Standard for Beryllium Rocket Motor Firing;
40 C.F.R. Part 61 Subpart E: National Emission Standard for Mercury;
40 C.F.R. Part 61 Subpart F: National Emission Standard for Vinyl Chloride;
Reserved;
40 C.F.R. Part 61 Subpart H: National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities;
40 C.F.R. Part 61 Subpart I: National Emission Standards for Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H;
40 C.F.R. Part 61 Subpart J: National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene;
40 C.F.R. Part 61 Subpart K: National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants;
40 C.F.R. Part 61 Subpart L: National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants;
40 C.F.R. Part 61 Subpart M: National Emission Standard for Asbestos, except:

(i) The following definitions of “facility” and “visible emissions” shall replace the definitions “facility” and “visible emissions” in 40 C.F.R. § 61.141:

“Facility” means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative but excluding residential buildings having four or fewer dwelling units under the same roof); any public bridge; any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this

rule is not excluded, regardless of its current use or function.

“Visible emissions” mean any emissions that are visually detectable without the aid of instruments, coming from RACM, asbestoscontaining waste material, a regulated area, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor. The definition of “regulated area” contained in 29 C.F.R. § 1910.1001(b) is hereby incorporated by reference as published in the July 1, 2023 edition of the Code of Federal Regulations.

(ii) The following introductory paragraph shall replace the introductory paragraph in 40 C.F.R. § 61.145(a) without impacting the remainder of 40 C.F.R. § 61.145(a):

Applicability. To determine which requirements of paragraphs (a), (b), and (c) of this section apply to the owner or operator of a demolition or renovation activity, and prior to the commencement of the demolition or renovation, an asbestos inspector or an asbestos management planner, accredited in accordance with Chapter 0400- 13-02, shall thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos, including Category I and Category II nonfriable ACM. The accredited inspector or management planner shall inspect all areas of the facility that will be affected by the demolition or renovation operation to identify the locations of all suspect ACM. For a pre-demolition inspection, destructive sampling techniques shall be utilized. The requirements of paragraphs (b) and (c) of this section apply to each owner or operator of a demolition or renovation activity, including the removal of RACM as follows:

(iii) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.145(b)(1):

Provide the Technical Secretary with written notice of intention to demolish or renovate. Delivery of the notice by U.S. Postal Service, commercial delivery service, or by hand or electronic delivery is acceptable.

(iv) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.145(b)(2):

Update/revise the notice when any previously notified information changes, including but not limited to, when the amount of asbestos affected increases or decreases more than twenty percent, when the start or completion date changes, when the disposal site changes, or the project has been cancelled.

(v) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.145(b)(3)(iv)(A)(2):

Provide the Technical Secretary with a written notice of the new start date as soon as possible before, and no later than, the original start date. Delivery of the updated notice by the U.S. Postal Service, commercial delivery service, or by hand or electronic delivery is acceptable.

(vi) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.145(b)(3)(iv)(B)(2):

For demolitions covered by paragraph (a)(2) of this section, provide the Technical Secretary written notice of a new start date at least 10 working days before commencement of demolition. Delivery of updated notice by U.S. Postal Service, commercial delivery service, or by hand or electronic delivery is acceptable.

(vii) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.145(b)(3)(iv)(C):

In no event shall an operation covered by this paragraph begin on a date other than the date contained in the original written notice, or the new start date contained in a revised written notice.

(viii) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.145(b)(4)(ii):

Name, address, and telephone number of both the facility owner and operator and the asbestos removal contractor owner or operator.

Printed name and signature of the facility owner and operator (or their representative) certifying that the notification information is correct.

(ix) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.145(b)(4)(iii):

Type of operation: demolition or renovation. An indication of whether asbestos is present.

(x) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.145(b)(5):

The information required in paragraph (b)(4) of this section must be reported using a form available from the Technical Secretary.

(xi) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.145(c)(8):

Effective one year after promulgation of this regulation, no RACM shall be stripped, removed, or otherwise handled or disturbed at a facility regulated by this section unless at least one on-site representative, such as a foreman or management-level person or other authorized representative, trained in the provisions of this

regulation and the means of complying with them, is present. Every two years, the trained on-site individual shall receive refresher training in the provisions of this regulation. The required training shall include as a minimum: applicability; notifications; material identification; control procedures for removals including, at least, wetting, local exhaust ventilation, negative pressure enclosures, glove-bag procedures, and High Efficiency Particulate Air (HEPA) filters; waste disposal work practices; reporting and recordkeeping; and asbestos hazards and worker protection. Evidence that the required training has been completed shall be posted and made available for inspection by the Technical Secretary at the demolition or renovation site. Accreditation as an asbestos supervisor in accordance with Chapter 0400-13-02 shall satisfy the requirement of this paragraph.

(xii) The following introductory paragraph shall replace the introductory paragraph in 40 C.F.R. § 61.149(e)(1) without impacting the remainder of 40 C.F.R. § 61.149(e)(1):

Maintain asbestos waste shipment records, using a form available from the Technical Secretary or equivalent form, and include the following information:

(xiii) The following paragraph shall replace the paragraph in 40 C.F.R. § 61.150(a)(1)(v):

For asbestos-containing waste material to be transported off the facility site, label containers or wrapped materials with the name of the waste generator and the location at which the waste was generated prior to being placed into the waste transport vehicle.

(xiv) The following introductory paragraph shall replace the introductory paragraph in 40 C.F.R. § 61.150(d)(1) without impacting the remainder of 40 C.F.R. § 61.150(d)(1):

Maintain waste shipment records, using a form available from the Technical Secretary or equivalent form, and include the following information:

(xv) The following introductory paragraph shall replace the introductory paragraph in 40 C.F.R. § 61.154(e)(1) without impacting the remainder of 40 C.F.R. § 61.154(e)(1):

Maintain waste shipment records, using a form available from the Technical Secretary or equivalent form, and include the following information;

40 C.F.R. Part 61 Subpart N: National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants;
40 C.F.R. Part 61 Subpart O: National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters;
40 C.F.R. Part 61 Subpart P: National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities;
40 C.F.R. Part 61 Subpart Q: National Emission Standards for Radon Emissions From Department of Energy Facilities;
40 C.F.R. Part 61 Subpart R: National Emission Standards for Radon Emissions From Phosphogypsum Stacks;
Reserved;
40 C.F.R. Part 61 Subpart T: National Emission Standards for Radon Emissions From the Disposal of Uranium Mill Tailings;
Reserved;
40 C.F.R. Part 61 Subpart V: National Emission Standard for Equipment Leaks (Fugitive Emission Sources);
40 C.F.R. Part 61 Subpart W: National Emission Standards for Radon Emissions From Operating Mill Tailings;
Reserved;
40 C.F.R. Part 61 Subpart Y: National Emission Standard for Benzene Emissions From Benzene Storage Vessels;
Reserved;
Reserved;
40 C.F.R. Part 61 Subpart BB: National Emission Standard for Benzene Emissions From Benzene Transfer Operations;
Reserved;
Reserved;
Reserved;
40 C.F.R. Part 61 Subpart FF: National Emission Standard for Benzene Waste Operations;
Appendix A to Part 61: National Emission Standards for Hazardous Air Pollutants, Compliance Status Information;
Appendix B to Part 61: Test Methods;
Appendix C to Part 61: Quality Assurance Procedures;
Appendix D to Part 61: Methods for Estimating Radionuclide Emissions; and 37. Appendix E to Part 61: Compliance Procedures Methods for Determining Compliance With Subpart I.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-201-101, et seq.
Administrative History: Original rule filed January 8, 2018; effective April 8, 2018. Amendments filed September 29, 2022; effective December 28, 2022. Amendments filed August 6, 2025; effective November 4, 2025.

Tenn. Comp. R. & Regs. 0400-30-38-.02 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-201-101, et seq.
Administrative History: Original rule filed January 8, 2018; effective April 8, 2018. Amendments filed September 29, 2022; effective December 28, 2022.

Chapter 0400-30-39 Standards of Performance for New Stationary Sources

Tenn. Comp. R. & Regs. 0400-30-39-.01 FEDERAL STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

(1) The provisions of the subparts and appendices of 40 C.F.R. Part 60 listed in subparagraph (b) of this paragraph are hereby incorporated by reference as published in the July 1, 2022, edition of the Code of Federal Regulations, except as provided in subparagraph (a) of this paragraph.

(a) Any reference contained in 40 C.F.R. Part 60 to the:

Administrator shall instead be a reference to the Technical Secretary, except for specific authorities that have not been delegated to the State of Tennessee; and 2. EPA regional office shall instead be a reference to the EPA Region IV office.

(b) List of Federal Regulations under 40 C.F.R. Part 60:

40 C.F.R. Part 60 Subpart A: General provisions;
Reserved;
Reserved;
Reserved;
Reserved;
Reserved;
Reserved;
Reserved;
Reserved;
Reserved;
40 C.F.R. Part 60 Subpart D: Standards of Performance for Fossil-Fuel-Fired Steam Generators;
40 C.F.R. Part 60 Subpart Da: Standards of Performance for Electric Utility Steam Generating Units;
40 C.F.R. Part 60 Subpart Db: Standards of Performance for Industrial- Commercial-Institutional Steam Generating Units;
40 C.F.R. Part 60 Subpart Dc: Standards of Performance for Small Industrial- Commercial-Institutional Steam Generating Units;
40 C.F.R. Part 60 Subpart E: Standards of Performance for Incinerators;
40 C.F.R. Part 60 Subpart Ea: Standards of Performance for Municipal Waste Combustors for Which Construction Is Commenced After December 20, 1989 and On or Before September 20, 1994;
40 C.F.R. Part 60 Subpart Eb: Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994, or for Which Modification or Reconstruction is Commenced After June 19, 1996;
40 C.F.R. Part 60 Subpart Ec: Standards of Performance for New Stationary Sources: Hospital/Medical/Infectious Waste Incinerators;
40 C.F.R. Part 60 Subpart F: Standards of Performance for Portland Cement Plants;
40 C.F.R. Part 60 Subpart G: Standards of Performance for Nitric Acid Plants;
40 C.F.R. Part 60 Subpart Ga: Standards of Performance for Nitric Acid Plants for Which Construction, Reconstruction, or Modification Commenced After October 14, 2011;
40 C.F.R. Part 60 Subpart H: Standards of Performance for Sulfuric Acid Plants;
40 C.F.R. Part 60 Subpart I: Standards of Performance for Hot Mix Asphalt Facilities;
40 C.F.R. Part 60 Subpart J: Standards of Performance for Petroleum Refineries;
40 C.F.R. Part 60 Subpart Ja: Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007;
40 C.F.R. Part 60 Subpart K: Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978;
40 C.F.R. Part 60 Subpart Ka: Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984;
40 C.F.R. Part 60 Subpart Kb: Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984;
40 C.F.R. Part 60 Subpart L: Standards of Performance for Secondary Lead Smelters;
40 C.F.R. Part 60 Subpart M: Standards of Performance for Secondary Brass and Bronze Production Plants;
40 C.F.R. Part 60 Subpart N: Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973;
40 C.F.R. Part 60 Subpart Na: Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983;
40 C.F.R. Part 60 Subpart O: Standards of Performance for Sewage Treatment Plants;
40 C.F.R. Part 60 Subpart P: Standards of Performance for Primary Copper Smelters;
40 C.F.R. Part 60 Subpart Q: Standards of Performance for Primary Zinc Smelters;
40 C.F.R. Part 60 Subpart R: Standards of Performance for Primary Lead Smelters;
40 C.F.R. Part 60 Subpart S: Standards of Performance for Primary Aluminum Reduction Plants;
40 C.F.R. Part 60 Subpart T: Standards of Performance for the Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants;
40 C.F.R. Part 60 Subpart U: Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants;
40 C.F.R. Part 60 Subpart V: Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants;
40 C.F.R. Part 60 Subpart W: Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants;
40 C.F.R. Part 60 Subpart X: Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities;
40 C.F.R. Part 60 Subpart Y: Standards of Performance for Coal Preparation and Processing Plants;
40 C.F.R. Part 60 Subpart Z: Standards of Performance for Ferroalloy Production Facilities;
40 C.F.R. Part 60 Subpart AA: Standards of Performance for Steel Plants:

Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983;

40 C.F.R. Part 60 Subpart AAa: Standards of Performance for Steel Plants:

Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983;

Reserved;
40 C.F.R. Part 60 Subpart BB: Standards of Performance for Kraft Pulp Mills;
40 C.F.R. Part 60 Subpart BBa: Standards of Performance for Kraft Pulp Mill Affected Sources for Which Construction, Reconstruction, or Modification Commenced After May 23, 2013;
40 C.F.R. Part 60 Subpart CC: Standards of Performance for Glass Manufacturing Plants;
40 C.F.R. Part 60 Subpart DD: Standards of Performance for Grain Elevators;
40 C.F.R. Part 60 Subpart EE: Standards of Performance for Surface Coating of Metal Furniture;
Reserved;
40 C.F.R. Part 60 Subpart GG: Standards of Performance for Stationary Gas Turbines;
40 C.F.R. Part 60 Subpart HH: Standards of Performance for Lime Manufacturing Plants;
40 C.F.R. Part 60 Subpart KK: Standards of Performance for Lead-Acid Battery Manufacturing Plants;
40 C.F.R. Part 60 Subpart LL: Standards of Performance for Metallic Mineral Processing Plants;
40 C.F.R. Part 60 Subpart MM: Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations;
Reserved;
40 C.F.R. Part 60 Subpart NN: Standards of Performance for Phosphate Rock Plants;
40 C.F.R. Part 60 Subpart PP: Standards of Performance for Ammonium Sulfate Manufacture;
40 C.F.R. Part 60 Subpart QQ: Standards of Performance for the Graphic Arts Industry: Publication Rotogravure Printing;
40 C.F.R. Part 60 Subpart RR: Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations;
40 C.F.R. Part 60 Subpart SS: Standards of Performance for Industrial Surface Coating: Large Appliances;
40 C.F.R. Part 60 Subpart TT: Standards of Performance for Metal Coil Surface Coating;
40 C.F.R. Part 60 Subpart UU: Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture;
40 C.F.R. Part 60 Subpart VV: Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After January 5, 1981, and on or Before November 7, 2006;
40 C.F.R. Part 60 Subpart VVa: Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006;
40 C.F.R. Part 60 Subpart WW: Standards of Performance for the Beverage Can Surface Coating Industry;
40 C.F.R. Part 60 Subpart XX: Standards of Performance for Bulk Gasoline Terminals;
Reserved;
40 C.F.R. Part 60 Subpart AAA: Standards of Performance for New Residential Wood Heaters;
40 C.F.R. Part 60 Subpart BBB: Standards of Performance for the Rubber Tire Manufacturing Industry;
Reserved;
40 C.F.R. Part 60 Subpart DDD: Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry;
Reserved;
40 C.F.R. Part 60 Subpart FFF: Standards of Performance for Flexible Vinyl and Urethane Coating and Printing;
40 C.F.R. Part 60 Subpart GGG: Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006;
40 C.F.R. Part 60 Subpart GGGa: Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006;
40 C.F.R. Part 60 Subpart HHH: Standards of Performance for Synthetic Fiber Production Facilities;
40 C.F.R. Part 60 Subpart III: Standards of Performance for Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes;
40 C.F.R. Part 60 Subpart JJJ: Standards of Performance for Petroleum Dry Cleaners;
40 C.F.R. Part 60 Subpart KKK: Standards of Performance for Equipment Leaks of VOC From Onshore Natural Gas Processing Plants for Which Construction, Reconstruction, or Modification Commenced After January 20, 1984, and on or Before August 23, 2011;
40 C.F.R. Part 60 Subpart LLL: Standards of Performance for SO Emissions From Onshore Natural Gas Processing for Which Construction, Reconstruction, or Modification Commenced After January 20, 1984, and on or Before August 23, 2011;
Reserved;
40 C.F.R. Part 60 Subpart NNN: Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations;
40 C.F.R. Part 60 Subpart OOO: Standards of Performance for Nonmetallic Mineral Processing Plants;
40 C.F.R. Part 60 Subpart PPP: Standard of Performance for Wool Fiberglass Insulation Manufacturing Plants;
40 C.F.R. Part 60 Subpart QQQ: Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems;
40 C.F.R. Part 60 Subpart RRR: Standards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes;
40 C.F.R. Part 60 Subpart SSS: Standards of Performance for Magnetic Tape Coating Facilities;
40 C.F.R. Part 60 Subpart TTT: Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines;
Reserved;
40 C.F.R. Part 60 Subpart UUU: Standards of Performance for Calciners and Dryers in Mineral Industries;
40 C.F.R. Part 60 Subpart VVV: Standards of Performance for Polymeric Coating of Supporting Substrates Facilities;
40 C.F.R. Part 60 Subpart WWW: Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification on or After May 30, 1991, but Before July 18, 2014;
40 C.F.R. Part 60 Subpart XXX: Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification After July 17, 2014;
Reserved;
Reserved;
40 C.F.R. Part 60 Subpart AAAA: Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001;
Reserved;
40 C.F.R. Part 60 Subpart CCCC: Standards of Performance for Commercial and Industrial Solid Waste Incineration Units;
Reserved;
40 C.F.R. Part 60 Subpart EEEE: Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006;
Reserved;
Reserved;
Reserved;
40 C.F.R. Part 60 Subpart IIII: Standards of Performance for Stationary Compression Ignition Internal Combustion Engines;
40 C.F.R. Part 60 Subpart JJJJ: Standards of Performance for Stationary Spark Ignition Internal Combustion Engines;
40 C.F.R. Part 60 Subpart KKKK: Standards of Performance for Stationary Combustion Turbines;
40 C.F.R. Part 60 Subpart LLLL: Standards of Performance for New Sewage Sludge Incineration Units;
Reserved;
Reserved;
40 C.F.R. Part 60 Subpart OOOO: Standards of Performance for Crude Oil and Natural Gas Facilities for Which Construction, Modification, or Reconstruction Commenced After August 23, 2011, and on or Before September 18, 2015;
40 C.F.R. Part 60 Subpart OOOOa: Standards of Performance for Crude Oil and Natural Gas Facilities for Which Construction, Modification or Reconstruction Commenced After September 18, 2015;
Reserved;
40 C.F.R. Part 60 Subpart QQQQ: Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces;
40 C.F.R. Part 60 Subpart TTTT: Standards of Performance for Greenhouse Gas Emissions for Electric Generating Units;
Reserved;
40 C.F.R. Part 60 Appendix A-1: Test Methods 1 through 2F;
40 C.F.R. Part 60 Appendix A-2: Test Methods 2G through 3C;
40 C.F.R. Part 60 Appendix A-3: Test Methods 4 through 5I;
40 C.F.R. Part 60 Appendix A-4: Test Methods 6 through 10B;
40 C.F.R. Part 60 Appendix A-5: Test Methods 11 through 15A;
40 C.F.R. Part 60 Appendix A-6: Test Methods 16 through 18;
40 C.F.R. Part 60 Appendix A-7: Test Methods 19 through 25E;
40 C.F.R. Part 60 Appendix A-8: Test Methods 26 through 30B;
40 C.F.R. Part 60 Appendix B: Performance Specifications;
40 C.F.R. Part 60 Appendix C: Determination of Emission Rate Change;
40 C.F.R. Part 60 Appendix D: Required Emission Inventory Information;
Reserved;
40 C.F.R. Part 60 Appendix F: Quality Assurance Procedures;
40 C.F.R. Part 60 Appendix G: Provisions for an Alternative Method of Demonstrating Compliance With 40 C.F.R. 60.43 for the Newton Power Station of Central Illinois Public Service Company;
Reserved; and 135. 40 C.F.R. Part 60 Appendix I: Owner’s Manuals and Temporary Labels for Wood Heaters Subject to Subparts AAA and QQQQ of Part 60.

(2) Reserved.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-201-101, et seq.
Administrative History: Original rule filed January 8, 2018; effective April 8, 2018. Amendments filed September 16, 2024; effective December 15, 2024.

Tenn. Comp. R. & Regs. 0400-30-39-.02 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-201-101, et seq.
Administrative History: Original rule filed January 8, 2018; effective April 8, 2018. Amendments filed September 16, 2024; effective December 15, 2024.

Tenn. Comp. R. & Regs. 0400-30-39-.03 EMISSION GUIDELINES AND COMPLIANCE TIMES FOR MUNICIPAL SOLID

WASTE LANDFILLS.

(1) Each municipal solid waste landfill for which construction, reconstruction, or modification was commenced on or before July 17, 2014, that has accepted waste at any time since November 8, 1987, or has additional design capacity available for future waste deposition, shall satisfy the following standards and requirements:

(a) For the purpose of this paragraph, the definitions listed in 40 C.F.R. Part 62 Subpart OOO, § 60.16730 (2022) apply, except as follows:

“Administrator” means the Technical Secretary of the Tennessee Air Pollution Control Board, except that with respect to 40 C.F.R. §§ 62.16710(b) (and the specific authorities enumerated therein), 62.16711(b), 62.16712(a)(5), 62.16718(a)(5), and 62.16724 “Administrator” means the Administrator of the United States Environmental Protection Agency or the Administrator’s authorized representative.
“State” means the State of Tennessee.

(b) All facilities subject to this paragraph shall comply with the provisions of 40 C.F.R. Part 62 Subpart OOO, §§ 62.16710 through 62.16730 (2022).

(c) The provisions of 40 C.F.R. Part 62 Subpart OOO (Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction On or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014), as published in the July 1, 2022, edition of the Code of Federal Regulations, are hereby adopted by reference. If the definitions in 40 C.F.R. Part 62 Subpart OOO, as incorporated, conflict with the definitions in subparagraph (a) of this paragraph, the definitions in subparagraph (a) of this paragraph shall apply.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-201-101, et seq.
Administrative History: New rule filed July 10, 2023; effective October 8, 2023.

0400-40 Water Resources (WPC)

Chapter 0400-40-01 General (Transferred from 1200-04-01 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-01-.01 PURPOSE

(1) The stated purposes of the Water Quality Control Act of 1977 (the act) in T.C.A. § 69-3- 102(b) shall not be construed as meaning that the state is obligated to achieve these purposes in the order that they appear; that is, the state may pursue one without having fully achieved all previous stated purposes.

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-01.

Tenn. Comp. R. & Regs. 0400-40-01-.02 BOARD OF WATER QUALITY, OIL AND GAS, DUTIES AND AUTHORITY

PROCEDURES.

(1) Duties and Authority (a) The Board shall hold public hearings for the purpose of classifying or reclassifying waters of the state; adopting, readopting, amending or revising standards of quality for state waters; adopting, revising, or repealing effluent standards and limitations; adopting, modifying, repealing and/or promulgating necessary rules and regulations; and to formulate and adopt a State Water Quality Plan pursuant to T.C.A. § 69-3- 105(e). Any of the above stated actions may be conducted by the Board.

(b) In addition to the foregoing, the board, or any member or members thereof, or a hearing officer designated by the chair, shall hold hearings to review orders of the Commissioner including denial, terms, or conditions of permits.

(2) Procedures (a) Prior to a public hearing by the Board on any subject as detailed in subparagraph (1)(a) of this rule, the Director shall give notice in at least one newspaper of general circulation within the area of the state in which the water affected is located. Notice will also be mailed to persons who have requested that they be notified of all board hearings. The notice shall state the date, time, place and subject of the hearing and shall be given at least 30 days in advance of the hearing. Notice shall also be provided electronically, where appropriate.

(b) Should any person, other than the department or its representative, desire an audience before the Board upon the subject announced, that person should file a written notice with the Commissioner at the hearing.

December, 2013 2 (c) Every person who desires an audience, and who complies with the provisions of subparagraph (b) of this paragraph shall be granted an opportunity to present his/her views or argument at the Board’s discretion.

(3) All matters which the Department or its representative, the Division of Water Resources, wishes to present to the board may be submitted in writing to the Board on or before the date of said hearing or presented orally to the Board at the hearing. Should any person wish to petition the Board to reclassify any state water(s) or interstate waters, or to make a change in any rule, regulation, effluent standard or limitation or water quality standards previously adopted by the Board, such person shall petition the Board in writing. A petition should be typed on 8 1/2 x 11 inch sized paper, filed with the Commissioner in duplicate, addressed to the board, and should state in a concise manner, the subject of the petition and reasons for a proposed change. The Board chair shall set a hearing date as soon as possible, and shall hear oral argument from the petitioner and the Department, as well as other interested parties, with regard to petitioner's proposed change. The Board, by a majority vote, shall decide whether the petition for a change in regulations and/or water classification is meritorious, and render its decision in writing to the petitioner within 30 days after the hearing. Should said petition be of merit, the Board shall set a date for a public hearing on the matter, or may use the date of an already scheduled public hearing; but in any event, the Board shall give notice of a public hearing as set out in subparagraph (2)(a) of this rule. For the purpose of this provision, a majority of the Board is a quorum as set forth in T.C.A. § 69- 3-104(d), a majority vote of which shall constitute a final determination of the Board.

If the petition concerns the reclassification of an interstate water or waters, the Division of Water Resources shall meet and confer with appropriate federal authorities on possible changes in the classification of such waters prior to any public hearing by the Board as provided in this paragraph and in T.C.A. § 69-3-105(d). At a public hearing, federal authorities may be present and heard by the Board.

Any person desiring a hearing by the Board relative to the actions by the Commissioner outlined in subparagraph (1)(b) of this rule must file a petition requesting such hearing within 30 days of receipt of the Commissioner’s determination. Such petition must be in writing upon 8 1/2 x 11 inch paper, filed with the Commissioner in duplicate, addressed to the Board of Water Quality, Oil and Gas and must state in numbered paragraphs the basis of the appeal as required by the Administrative Procedures Act and regulations promulgated thereunder. If said petition is not filed within the time allowed, it shall not be heard.

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-01.

Tenn. Comp. R. & Regs. 0400-40-01-.03 COMMISSIONER'S RESPONSIBILITIES AND AUTHORITY

(1) Responsibilities (a) The responsibilities of the Commissioner are set out in detail in T.C.A. § 69-3-107. In general, the Commissioner is to “exercise general supervision and control over the quality of all state waters, administer and enforce all laws relating to pollution of such waters, and administer and enforce this part, and all standards, policies, rules and regulations promulgated thereunder."

(b) Any delegation by the Commissioner to the Director pursuant to T.C.A. § 69-3-107(13) must be in writing.

(c) Authority December, 2013 3 1. Pursuant to the responsibility placed upon the Commissioner, he/she is granted the following remedies for violations of this act.

Complaints and Orders Any complaint issued by the Commissioner pursuant to T.C.A. §§ 69-3-109 and 69-8-205 shall comply in form with the Tennessee Rules of Civil Procedure, Rule 10; and with Rule 5.02 with regard to Service of Process.
Assessment of Damages Whenever the Commissioner assesses the liability of a violator of one or more of the provisions of the act, the damages to the state may include only those set out in T.C.A. § 69-3-116(a). The form will be that of a memorandum stating specifically events leading to damage to the state, probable cause, and conclusions drawn. Damages should be itemized and totaled, and the violator ordered to pay. Said assessment must be signed by the Commissioner, or by the Director for the Commissioner.
Civil Penalties Whenever the Commissioner assesses civil penalties pursuant to T.C.A. § 69-3- 115(a) he/she must do so in the form of a memorandum stating specifically those facts giving rise to the proposed assessment and in consideration of the factors determinative of its amount. The memorandum must be signed by the Commissioner.
Criminal Penalties Prior to the issuance of a warrant for the arrest and prosecution of a violator of the act, the Commissioner shall authorize in writing a member or members of the Division to apply for a warrant or warrants for a specific charge stated therein, and pursue the same through to termination.
Injunctions The complaint and accompanying plea for injunctive relief shall conform to the Rules of Tennessee Civil Procedure. Neither the Board nor the Commissioner need take administrative action prior to a plea for an injunction. The Board or the Commissioner may file a complaint and a plea for an injunction to enforce any order issued.
Other Remedies T.C.A. § 69-3-118(b) states a savings clause; that is, it provides that the remedies provided for explicitly in the act do not stop the state or any person from pursuing existing remedies at equity, or common law, or statutory law to suppress nuisances, abate pollution, or recover damages resulting from such pollution.

(d) In conjunction with the stated remedies available to the Commissioner in subparagraph (c) of this paragraph, he/she is authorized to receive and act upon a written and signed complaint of any person alleging violations of a provision or provisions of the act by another person, in the manner set forth in T.C.A. § 69-3-118(a). The Commissioner may or may not act upon the complaint, depending upon his/her determination of it.

The Commissioner shall determine whether any action shall be taken as a result of the December, 2013 4 complaint after making his/her own finding with respect to the facts alleged in the complaint, but in all instances he/she shall notify the complainant of his/her determination within 90 days. Should the Commissioner wish to act, he/she may choose any of the remedies detailed in subparagraph (c) of this paragraph. Should either the complainant or defendant wish to appeal the Commissioner's action to the board as set forth in T.C.A. § 69-3-118(a), said person shall make written petition to the board, filed with the commissioner in duplicate, and shall state in numbered paragraphs the action sought of the Commissioner, the Commissioner's determination, and supporting reasons why the Commissioner's determination and/or action should be overruled. The Department or any of its personnel shall not be obligated to assist a complainant toward preparing his/her case.

(e) The Commissioner is not obligated to pursue an administrative remedy prior to pursuing a judicial remedy. The only exception to this course of action is that the Commissioner may not pursue a right of action or remedy in existing common law or statutory law as provided for in T.C.A. § 69-3-118(b), where there is an administrative question involved. For the purpose of these regulations, an administrative question is defined as involving a matter which may be actionable at common law, but due to enactment of the act, the Commissioner of Environment and Conservation has been granted power and authority to take action thereon. The purpose of this exception is to insure that rights of action and/or remedies in existing common law and statutory law shall not be inconsistent with the provisions of the act.

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-01.

Tenn. Comp. R. & Regs. 0400-40-01-.04 INFORMATION - PROCUREMENT, RELEASE AND DISTRIBUTION

T.C.A. § 69-3-113 provides authority to the Board or Commissioner to seek and obtain pertinent information necessary to further the goals of the act. The following regulations shall serve to implement that Section.

(1) Waters The provisions in T.C.A. § 69-3-113 shall apply to both intrastate and interstate waters, and to all other waters as defined in T.C.A. § 69-3-103(33).

(2) Release and Distribution (a) All information compiled by the Division of Water Resources and recorded in its offices, is public information, except any information that has been declared by the Board or the Commissioner as representing or revealing a secret process, information, formula or method. The Commissioner shall not divulge information claimed to be confidential unless he/she first notifies the supplier of such information that it has been requested and offers the supplier opportunity to defend such classification. Information so declared shall be considered confidential, and shall be placed in a security file. In any event, such information shall not, for any reason, be available to persons other than board members, the Commissioner, and staff of the Division of Water Resources.

Provided, however, that any confidential information shall be made available to the Administrator, and the Commissioner shall divulge to the public any of that information the administrator finds is not entitled to protection as a trade secret.

(b) All other recorded information will be available to the public pursuant to the following conditions:

During normal office hours of 8:00 a.m. - 4:30 p.m.

December, 2013 5 2. Under the observation of a member of the staff of the Division of Water Resources.

Copies of compiled records and information will be made available upon request at a cost based upon the requirements of Rule 0400-01-01-.01.
No recorded information shall be removed from the offices of the Division.

(c) Recorded transcripts of public hearings can be made available to parties to such hearing. Written transcripts are not available. In a public hearing, any interested person attending will be considered a party to the hearing.

(d) Copies of general information material will be provided at no charge except as provided below. Any electronic versions of this material will also be provided free of charge.

Such material includes the act, regulations adopted and approved by the Board, annual reports, leaflets, pamphlets and other similar educational materials available in multiple copies. When the supply of such materials is depleted, multiple copies thereof for widespread distribution will not be made by use of office duplicating equipment. A furnishing of multiple copies of such materials shall be delayed until another printing.

Instead, individual copies may be provided upon request, at the discretion of the Division and at a cost based on the requirements of Rule 0400-01-01-.01.

(e) All charges for copies of records and information provided for herein shall be prepaid and payable to the Tennessee Department of Environment and Conservation.

(f) Public information may be made available electronically.

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-01.

Chapter 0400-40-02 Regulations for Plans, Submittal, and Approval; Control of Construction; Control of Operation (Transferred from 1200-04-02 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-02-.01 REGISTERED ENGINEER REQUIRED

Whenever any new works or change in existing works is contemplated whereby sewage, industrial wastes, or other waste will be discharged into or adjacent to any waters of the State, a registered engineer must plan, design, and inspect the construction of any such works; also, a registered engineer must assist in the start-up of and outline correct operating procedures for any new or altered wastewater treatment or water quality control facilities. Any registered engineer herein required shall be governed by the terms of T.C.A., Title 62, Chapter 2. Any project wherein the contemplated expenditure for the completed project does not exceed $5,000, shall not require the services of a registered engineer.

However, regardless of the contemplated expenditure for the completed project, all of the requirements of all other regulations in this Chapter, including the requirement that plans and specifications for such project must be submitted to and approved by a representative of the Commissioner, Tennessee Department of Environment and Conservation, shall be followed.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02.

Tenn. Comp. R. & Regs. 0400-40-02-.02 PRELIMINARY DISCUSSION CONCERNING PROJECT

The engineer employed by the person who is planning to carry out an activity requiring plans approval as outlined in T.C.A. § 69-3-108 should make written request for a meeting with representatives of the Commissioner for an informal discussion of the proposed project with relation to its scope and purpose.

Such meeting should be held within 30 days from the receipt of the request. At this meeting, the engineer should make available to the representative of the Commissioner general information regarding the proposed point of discharge, quantity and quality of discharge, land and water use in the vicinity of the proposed discharge and general information regarding the anticipated effect which the proposed activity may have on the surrounding area. The preliminary data will be reviewed and, if sufficient to indicate scope and extent of the project, the representatives of the Commissioner will outline general requirements for its official approval. For projects of sufficiently limited scope, the Commissioner’s representatives shall be allowed to accept a single copy of adequate preliminary data in lieu of three complete sets of engineering reports and preliminary plans.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02. December, 2013 2

Tenn. Comp. R. & Regs. 0400-40-02-.03 ENGINEERING REPORT AND PRELIMINARY PLANS

(1) Unless exempted, an engineering report and preliminary plans must be prepared and presented in accordance with the requirements of the representatives of the Commissioner.

The engineering report with preliminary plans must conform to the guidelines for such reports and plans as published by the Tennessee Department of Environment and Conservation.

The report shall contain all required information for adequate design evaluation of the proposed waste treatment facilities and shall include such results of waste and water analyses, treatability or pilot treatment studies and investigations that may be required by the Commissioner’s representatives. Three copies of the engineering report and preliminary plans shall be submitted to a representative of the Commissioner for approval 30 days prior to the date upon which action is desired. These data will be reviewed and, if sufficient to evaluate the effect of the project, the Commissioner’s representative, will confirm acceptance of the preliminary information by official site approval letter and instruct the engineer to proceed with development of final plans and specifications. If final plans and specifications have not been submitted for review within one year from the date of approval of the engineering report, the approval shall be subject to re-evaluation and may be declared null and void.

(2) The engineering report and preliminary plans shall be prepared in accordance with generally accepted wastewater engineering practices. The Design Criteria published from time to time are used internally by the Division as a compilation of such practices and are available to the public. Other designs may also be used if adequately supported by calculations and actual testing data.

(3) For small domestic wastewater plants, the following restrictions apply:

(a) Activated sludge plants for design flows of 30,000 to 100,000 gallons per day will only be approved if all other treatment schemes have been demonstrated to be impractical due to non-economic considerations including but not limited to available space.

(b) No activated sludge plants will be approved for design flows less than 30,000 gallons per day.

History

Authority: T.C.A. § 69-3-101 et seq., 68-221-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04- 02.

Tenn. Comp. R. & Regs. 0400-40-02-.04 SITE APPROVAL

(1) The proposed site for any treatment works or facilities shall be made available to representatives of the Commissioner for inspections at or prior to the time that the preliminary information and/or engineering report and preliminary plans are submitted for approval. The representative of the Commissioner may specify, in the letter of acceptance and approval of the preliminary report and preliminary plans, any specific requirements, such as effluent limitations or other restrictions which must be met by the proposed facilities. Preparation of final plans and specifications should not be commenced prior to receipt of an official site approval letter or notification to proceed.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02.

Tenn. Comp. R. & Regs. 0400-40-02-.05 FINAL PLANS, CONTRACT DRAWINGS AND SPECIFICATIONS

(1) Construction work shall not be commenced on any new construction or major change of existing facilities or for any activity outlined in T.C.A. § 69-3-108 until complete and final plans December, 2013 3 and specifications for such activities have been submitted to and approved in writing by an authorized representative of the Commissioner. No such approval shall be construed as creating the presumption of correct operation nor as warranting by the Commissioner or by his representative that the approved facilities will reach the design goals. The final contract drawings and specifications shall conform to the conditions outlined in the guidelines for preparing such plans as published by the Tennessee Department of Environment and Conservation. Final plans should be blue line on 24 inch by 36 inch sheets with all sheets the same size. Final plans and specifications must be submitted to a representative of the Commissioner in quadruplicate for review and comment or approval except for projects of sufficiently limited scope for which the Commissioner’s representatives shall be allowed to accept final plans and specifications in duplicate. All submittals of final plans and specifications shall be made at least 30 days before action is desired. Upon approval of a submittal in quadruplicate, each complete set of plans and specifications will be stamped with the official stamp of approval; two sets will be retained by the Tennessee Department of Environment and Conservation and the other two sets will be returned to the person submitting the plans. Upon approval of a submittal in duplicate each complete set of plans and specifications will be stamped with the official stamp of approval; one set will be retained by the Tennessee Department of Environment and Conservation and the other set will be returned to the person resubmitting the plans. If construction has not commenced in accordance with approved plans and specifications within one year from the date of approval of said plans and specifications, the approval shall be subject to re-evaluation and may be declared null and void.

(2) The final plans and specifications shall be prepared in accordance with generally accepted wastewater engineering practices. The Design Criteria published from time to time are used internally by the Division as a compilation of such practices and are available to the public.

Other designs may also be used if adequately supported by calculations and actual testing data.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02.

Tenn. Comp. R. & Regs. 0400-40-02-.06 REVISION OF PLANS

In the event that it is necessary to require any material change in the submitted plans prior to approval, the Commissioner’s representative will outline the required revisions by letter to the engineer and the plans shall be revised as required for approval. Copies of the original submission will be returned to the engineer for revision if deemed necessary. Otherwise, revision may be made by revised plan sheets and addenda to the specifications. In the event that it becomes necessary to make any material change, including equipment substitutions or the provision of “equals,” in the approved plans and specifications, subsequent to the date of approval and to the placing of official stamp on such approved plans and specifications, revised plans and specifications in quadruplicate, or duplicate on a project of sufficiently limited scope, together with a statement for the reason for the changes shall be submitted to the Commissioner’s representative for review and comment or approval. No part of the work affected by the change or changes shall be started or completed until the Commissioner’s representative has given his approval in writing; except that emergency changes which are required as construction proceeds may be made upon verbal approval from the Commissioner’s representative, provided that such changes are reflected in as-built plans and specifications which are submitted in the appropriate number of copies at the conclusion of project construction.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02. December, 2013 4

Tenn. Comp. R. & Regs. 0400-40-02-.07 PERMIT FOR CONSTRUCTION, INSTALLATION OR MODIFICATION OF ANY

ESTABLISHMENT, TREATMENT WORKS OR PART THEREOF, OR NEW OUTLET.

(1) In accordance with T.C.A. § 69-3-108, the submission of letters, reports, plans and specifications shall constitute an application for a permit for (a) the construction, installation or modification of any treatment works or part thereof, or any extension or addition thereto;

(b) the construction or installation of any establishment or any extension or modification thereof or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the State or would otherwise alter the physical, chemical, biological or bacteriological properties of any waters of the State in any manner not already lawfully authorized; or (c) the construction of any new outlet for the discharge of any wastes into the waters of the State; whichever is applicable. The official letter issued by the Commissioner’s representative approving a project for construction in accordance with submitted plans and specifications, together with the plans and specifications bearing the official “Approved for Construction” stamp of the Commissioner shall constitute a valid permit to construct, install or modify in conformance with all conditions shown and specified in the approved plans and specifications. Such permit to construct, install or modify, shall not constitute a valid permit for:

(a) The alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the State;

(b) The operation of any treatment works or part thereof or any extension or addition thereto;

(c) The development of a natural resource or the operation of any establishment or any extension or modification thereof or addition thereto, the operation of which will or is likely to cause an increase in the discharge of wastes into the waters of the State or would otherwise alter the physical, chemical, radiological, biological, or bacteriological properties of any waters of the State in any manner not already authorized;

(d) The increase in volume or strength of any wastes in excess of the permissive discharges specified under any existing permit; or (e) The use of any new outlet for the discharge of any wastes into the waters of the State.

(2) A separate and distinctly different application for a permit to operate a sewerage system or a sewage treatment plant, and to discharge sewage, industrial waste or other waste from any new or existing outlet, following treatment, must be filed with the Division of Water Resources appropriate forms. No wastes, treated or untreated, shall be discharged from any source prior to completed copies of an application for a permit to discharge being filed with the Division of Water Resources, and prior to the issuance of a valid permit to discharge.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02.

Tenn. Comp. R. & Regs. 0400-40-02-.08 WORK IN CONFORMITY WITH PLANS AND SPECIFICATIONS

All work on new construction or changes in existing facilities and all work relating to activities as outlined in T.C.A. § 69-3-108 shall be in conformance with the officially approved plans and specifications bearing the Commissioner’s official stamp of approval shall be available at or near the construction site and all construction shall be in conformance with the approved plans and specifications and approved amendments thereto. It shall be the engineer’s or responsible person’s responsibility to inspect or insure inspection of construction of the facilities and to assist in commencement of operation and to verify that December, 2013 5 completed facilities are in accordance with approved plans and specifications at the time of the final inspection. The Commissioner’s representative may require that reports be filed during construction to indicate that work is being done in conformance with the approved plans and to obtain any additional data deemed necessary. The construction area shall be made available to the Commissioner’s representative to make inspections of the work to determine that it is being done or has been done in conformity with the officially approved plans. When construction of the proposed facilities has been completed, the Commissioner or his authorized representative will conduct a final inspection of the facilities to determine that all work has been done in conformity with approved plans and specifications. In the event that approved plans and specifications have not been followed during the construction procedure, such revision and alterations of the facilities shall be required as to comply with the details of the approved plans and specifications and approved amendments thereto.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02.

Tenn. Comp. R. & Regs. 0400-40-02-.09 COMMENCEMENT OF OPERATION OF COMPLETED FACILITY

The start-up of the completed facility shall be attended by the engineer, the agent or agents designated by the responsible person to be in charge of the operation and maintenance of the works, the Commissioner’s representative and any others deemed necessary. The engineer shall instruct the person or the person’s agent in the proper operation and maintenance of the facilities and shall present them with a complete manual outlining the proper operation and maintenance procedures to be followed.

The Commissioner’s representative shall instruct the person or the person’s agent in the keeping of necessary records of operation and reports of analyses for the facilities and shall provide the person or his agent with a supply of official forms upon which such records shall be kept. The engineer and the Commissioner’s representative shall instruct the person or the person’s agent in the required points of sampling, methods for and number of analyses, reporting techniques, reporting frequency and any other information deemed pertinent to compliance with the intent of the Water Quality Control Act of 1977.

Following the final inspection when the Commissioner’s representative deems the facility to be acceptable, such acceptability will be acknowledged by letter to the responsible person and such letter will transmit to the person the Commissioner’s requirements for supervision over operation and maintenance of the completed facilities.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02.

Tenn. Comp. R. & Regs. 0400-40-02-.10 RECORDS AND REPORTS

(1) Records of operation for sewage, industrial waste and other waste, collection and treatment or disposal works may be required by the Commissioner’s representative pursuant to T.C.A. § 69-3-113, and the data shall be submitted to the Commissioner’s representative on forms supplied by the Tennessee Department of Environment and Conservation or on forms approved by the Commissioner’s representative for such use.

(2) Reports may be required weekly, monthly, or as deemed reasonable and necessary and directed by a representative of the Commissioner. These reports will serve to ascertain the continuous and satisfactory operation of the works in such manner as to insure the protection of water quality. These reports shall be true and accurate and shall not contain false or misleading information. An authorized representative of the Commissioner shall review the submittals and shall, within 30 days of receipt of same, notify the responsible person or the responsible person’s agent, in writing, of any deficiencies in operation so noted.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02. December, 2013 6

Tenn. Comp. R. & Regs. 0400-40-02-.11 SAMPLES

Such samples of sewage, industrial waste, other waste and of water from receiving streams or other appropriate waters shall be submitted to the Commissioner’s representative when and in such manner as directed. The samples shall serve to check upon any examination being made by the discharger and to check the effectiveness of the collection, treatment and disposal facilities in protecting the water quality.

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02.

Tenn. Comp. R. & Regs. 0400-40-02-.12 RESERVED

History

Authority: T.C.A. § 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-02.

Chapter 0400-40-03 General Water Quality Criteria (Transferred from 1200-04-03 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-03-.01 TENNESSEE BOARD OF WATER QUALITY, OIL, AND GAS

The Water Quality Control Act, T.C.A., §§ 69-3-101, et seq., makes it the duty of the Board of Water Quality, Oil, and Gas to study and investigate all problems concerned with the pollution of the waters of the state and with its prevention, abatement, and control; and to establish such standards of quality for any waters of the state in relation to their reasonable and necessary use as the Board shall deem to be in the public interest; and establish general policies relating to pollution as the Board shall deem necessary to accomplish the purposes of the Act. The following general considerations and criteria shall be used to determine the permissible conditions of waters with respect to pollution and preventative or corrective measures required to control pollution in various waters or in different sections of the same waters.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-03-.02 GENERAL CONSIDERATIONS

(1) Tennessee water quality standards shall consist of the General Water Quality Criteria and the Antidegradation Statement found in Chapter 0400-40-03, and the Use Classifications for Surface Waters found in Chapter 0400-40-04.

(2) Waters have many uses which in the public interest are reasonable and necessary. Such uses include: sources of water supply for domestic and industrial purposes; propagation and maintenance of fish and other aquatic life; recreation in and on the waters including the safe consumption of fish and shellfish; livestock watering and irrigation; navigation; generation of power; propagation and maintenance of wildlife; and the enjoyment of scenic and aesthetic qualities of waters.

(3) The rigid application of uniform water quality is not desirable or reasonable because of the varying uses of such waters. The assimilative capacity of a stream for sewage and waste varies depending upon various factors and including the following: volume of flow, depth of channel, the presence of falls or rapids, rate of flow, temperature, natural characteristics, and the nature of the stream.

(4) In order to permit the reasonable and necessary uses of the waters of the state, existing pollution should be corrected as rapidly as practicable, and future pollution prevented through the level of treatment technology applicable to a specific source or that greater level of technology necessary to meet water quality standards; i.e., modeling and stream survey assessments, treatment plants, or other control measures.

(5) Because all streams are classified for more than one use, the most stringent criteria will be applicable.

(6) Waters identified as wet weather conveyances according to the definition found in Rule 0400- 40-03-.04, shall be protective of humans and wildlife that may come in contact with them and shall not adversely affect the quality of downstream waters. Applicable water quality standards will be maintained downstream of wet weather conveyances.

(7) Where general water quality criteria are applied on a regional, ecoregional, or subecoregional

basis, these criteria will be considered to apply to a stream if eighty percent (80%) of its watershed or catchment is contained within the unit upon which the criterion is based.

(8) All fish and aquatic life metals criteria are expressed as total recoverable, except cadmium, copper, lead, nickel, silver, and zinc which are expressed as dissolved. Translators will be used to convert the dissolved fraction into a total recoverable permit limit. One of three approaches to metals translation will be used: (1) translator is the same as the conversion factor, (2) translator is based on relationships derived from STORET data, (3) a site-specific translator is developed. Where available, a site-specific translator is preferred. For assessing whether criteria for cadmium, copper, lead, nickel, silver, and zinc are exceeded by ambient water quality conditions, the dissolved criteria will also be translated in order to allow direct comparison to the ambient data, if total recoverable. The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit From a Dissolved Criteria (EPA-823-B-96-007) may be referenced in applying this provision.

(9) Site-specific numeric criteria studies may be conducted on any appropriate fish and aquatic life criterion.

(a) Site-specific criteria studies based on a Water Effects Ratio (WER) calculated from the documented toxicity of a parameter in the stream in which it will be introduced may supersede the adopted criteria at a site. The Division shall approve a site-specific criterion for metals developed by others provided that the WER methodology [Interim Guidance on Determination and Use of Water-effect Ratios for Metals (EPA-823-B-94- 001)] or the Streamlined Water-effects Ratio Procedure for Discharges of Copper (EPA-822-R-01-001) is used, both the study plan and results are approved by the Department, and the U.S. Environmental Protection Agency (EPA) has concurred with the final site specific criterion value(s).

(b) Any site-specific criterion for other toxics based on methodologies other than the above-listed methodologies which recalculate specific criterion, such as the Resident Species Method or the Recalculation Method or the Biotic Ligand Model (BLM) for copper, must be adopted as a revision to Tennessee water quality standards into this

chapter, and following EPA approval, can be used for Clean Water Act purposes.

References on this subject include, but are not limited to: Technical Support Document for Water Quality-based Toxics Control (EPA - 505/2-90-001); Technical Guidance Manual for Performing Waste Load Allocations: Book VIII (EPA/600/6-85/002a/002b/002c); MinteqA2, An Equilibrium Metal Speciation Model (EPA/600/3-87/012); Water Quality Standards Handbook, Second Edition (EPA-823-B-93-002); Interim Guidance on Determination and Use of Water-effect Ratios for Metals (EPA-823-B-94-001).

(10) Interpretation and application of narrative criteria shall be based on available scientific literature and EPA guidance and regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-03-.03 CRITERIA FOR WATER USES

(1) The criteria for the use of Domestic Water Supply are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(c) Hardness or Mineral Compounds - The hardness of, or the mineral compounds contained in, the water shall not appreciably impair the usefulness of the water as a source of domestic water supply.

(d) Total Dissolved Solids - The total dissolved solids shall at no time exceed 500 mg/l.

(e) Solids, Floating Materials, and Deposits - There shall be no distinctly visible solids, scum, foam, oily slick, or the formation of slimes, bottom deposits, or sludge banks of such size or character as may impair the usefulness of the water as a source of domestic water supply.

(f) Turbidity or Color - There shall be no turbidity or color in amounts or characteristics that cannot be reduced to acceptable concentrations by conventional water treatment processes (See definition).

(g) Temperature - The maximum water temperature change shall not exceed 3°C relative to an upstream control point. The temperature of the water shall not exceed 30.5°C and the maximum rate of change shall not exceed 2°C per hour. The temperature of impoundments where stratification occurs will be measured at a depth of five feet or mid-depth, whichever is less, and the temperature in flowing streams shall be measured at mid-depth.

(h) Coliform - The concentration of the E. coli group shall not exceed 630 colony forming units (cfu) per 100 ml as a geometric mean based on a minimum of five samples collected from a given sampling site over a period of not more than 30 consecutive days with individual samples being collected at intervals of not less than 12 hours. For the purpose of determining the geometric mean, individual samples having an E. coli group concentration of less than 1 cfu per 100 ml shall be considered as having a concentration of 1 cfu per 100 ml.

(i) Taste or Odor - The waters shall not contain substances that will result in taste or odor that prevent the production of potable water by conventional water treatment processes.

(j) Toxic Substances - The waters shall not contain toxic substances, whether alone or in combination with other substances, that will produce toxic conditions that materially affect the health and safety of man or animals, or impair the safety of conventionally treated water supplies. Available references include, but are not limited to: Quality Criteria for Water (Section 304(a) of Public Law 92-500 as amended); Federal Regulations under Section 307 of Public Law 92-500 as amended; and Federal Regulations under Section 1412 of the Public Health Service Act as amended by the Safe Drinking Water Act, (Public Law 93-523). In addition, the following numeric criteria are for the protection of domestic water supply:

Compound Criteria Compound Criteria (μg/L) (μg/L)

Antimony 6 Diquat 20 Arsenic 10 Endothall 100 Beryllium 4 Glyphosate 700 Barium 2000 Hexachlorobenzene 1 Cadmium 5 Hexachlorocyclopentadiene 50 Chromium, total 100 Oxamyl (Vydate) 200 Lead 5 Picloram 500 Cyanide (as free cyanide) 200 Simazine 4 Mercury 2 2,3,7,8 TCDD (Dioxin) 0.00003 Nickel 100 Benzene 5 Selenium 50 Carbon tetrachloride 5 Thallium 2 1,2-Dichloroethane 5 Alachlor 2 1,1-Dichloroethylene 7 Atrazine 3 1,1,1-Trichloroethane 200 Carbofuran 40 Trichloroethylene 5 Chlordane 2 Vinyl chloride 2 Dibromo chloropropane 0.2 para-Dichlorobenzene 75 2,4 Dichlorophenoxyacetic Acid 70 cis 1,2-Dichloroethylene 70 Ethylene dibromide 0.05 1,2-Dichloropropane 5 Heptachlor 0.4 Ethyl benzene 700 Heptachlor epoxide 0.2 Monochlorobenzene 100 Lindane 0.2 ortho-Dichlorobenzene 600 Methoxychlor 40 Styrene 100 Polychlorinated biphenyls 0.5 Tetrachloroethylene 5 2,4,5 Trichloropheno- Toluene 1000 xyprioponic acid 50 trans 1,2-Dichloroethylene 100 Pentachlorophenol 1 Xylenes, total 10000 Benzo(a)pyrene 0.2 Dichloromethane 5 Chlorobenzene 100 1,2,4-Trichlorobenzene 70 Dalapon 200 1,1,2-Trichloroethane 5 Di(2-ethylhexyl) adipate 400 Endrin 2.0 Di(2-ethylhexyl) phthalate 6 Toxaphene 3 Dinoseb 7 Nitrate 10000 Nitrite 1000 (k) Other Pollutants - The waters shall not contain other pollutants in quantities that may be detrimental to public health or impair the usefulness of the water as a source of domestic water supply.

(2) The criteria for the use of Industrial Water Supply are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(c) Hardness or Mineral Compounds - The hardness of, or the mineral compounds contained in, the water shall not appreciably impair the usefulness of the water as a source of industrial water supply.

(d) Total Dissolved Solids - The total dissolved solids shall at no time exceed 500 mg/l.

(f) Turbidity or Color - There shall be no turbidity or color in amounts or characteristics that cannot be reduced to acceptable concentrations by conventional water treatment processes.

(h) Taste or Odor - The waters shall not contain substances that will result in taste or odor that would prevent the use of the water for industrial processing.

(i) Toxic Substances - The waters shall not contain toxic substances whether alone or in combination with other substances, that will adversely affect industrial processing.

(j) Other Pollutants - The waters shall not contain other pollutants in quantities that may adversely affect the water for industrial processing.

(3) The criteria for the use of Fish and Aquatic Life are the following.

(a) Dissolved Oxygen - The dissolved oxygen shall not be less than 5.0 mg/l with the following exceptions.

In streams identified as trout streams, including tailwaters, dissolved oxygen shall not be less than 6.0 mg/L.
The dissolved oxygen concentration of trout waters identified as supporting a naturally reproducing population shall not be less than 8.0 mg/L. (Tributaries to trout streams or naturally reproducing trout streams should be considered to be trout streams or naturally reproducing trout streams, unless demonstrated otherwise. Additionally, all streams within the Great Smoky Mountains National Park should be considered naturally reproducing trout streams.)
In wadeable streams in subecoregion 73a, dissolved oxygen levels shall not be less than a daily average of 5.0 mg/L with a minimum dissolved oxygen level of 4.0 mg/L.
The dissolved oxygen level of streams in ecoregion 66 (Blue Ridge Mountains) not identified as naturally reproducing trout streams shall not be less than 7.0 mg/L.

Substantial and/or frequent variations in dissolved oxygen levels, including diel fluctuations, are undesirable if caused by man-induced conditions. Diel fluctuations in wadeable streams shall not be substantially different than the fluctuations noted in reference streams in that region.

In lakes and reservoirs, the dissolved oxygen concentrations shall be measured at mid-depth in waters having a total depth of 10 feet or less, and at a depth of five feet in waters having a total depth of greater than 10 feet and shall not be less than 5.0 mg/L.

(b) pH - The pH value shall not fluctuate more than 1.0 unit over a period of 24 hours and shall not be outside the following ranges: 6.0 – 9.0 in wadeable streams and 6.5 – 9.0 in larger rivers, lakes, reservoirs, and wetlands.

(c) Solids, Floating Materials, and Deposits - There shall be no distinctly visible solids, scum, foam, oily slick, or the formation of slimes, bottom deposits, or sludge banks of such size or character that may be detrimental to fish and aquatic life.

(d) Turbidity, Total Suspended Solids, or Color - There shall be no turbidity, total suspended solids, or color in such amounts or of such character that will materially affect fish and aquatic life. In wadeable streams, suspended solid levels over time should not be substantially different than conditions found in reference streams.

(e) Temperature - The maximum water temperature change shall not exceed 3°C relative to an upstream control point. The temperature of the water shall not exceed 30.5°C and the maximum rate of change shall not exceed 2°C per hour. The temperature of recognized trout waters shall not exceed 20°C. There shall be no abnormal temperature changes that may affect aquatic life unless caused by natural conditions.

The temperature in flowing streams shall be measured at mid-depth.

The temperature of impoundments where stratification occurs will be measured at middepth in the epilimnion (see definition in Rule 0400-40-03-.04) for warm water fisheries and mid-depth in the hypolimnion (see definition in Rule 0400-40-03-.04) for cold water fisheries. In the case of large impoundments (100 acres or larger) subject to stratification and recognized as trout waters, the temperature of the hypolimnion shall not exceed 20°C.

A successful demonstration as determined by the Department conducted for thermal discharge limitations under Section 316(a) of the Clean Water Act (33 U.S.C. § 1326) shall constitute compliance with this paragraph.

(f) Taste or Odor - The waters shall not contain substances that will impart unpalatable flavor to fish or result in noticeable offensive odors in the vicinity of the water or otherwise interfere with fish or aquatic life. References include, but are not limited to:

Quality Criteria for Water (section 304(a) of Public Law 92-500 as amended).

(g) Toxic Substances - The waters shall not contain substances or a combination of substances including disease-causing agents which, by way of either direct exposure or indirect exposure through food chains, may cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), physical deformations, or restrict or impair growth in fish or aquatic life or their offspring. References on this subject include, but are not limited to: Quality Criteria for Water (Section 304(a) of Public Law 92-500 as amended);

Federal Regulations under Section 307 of Public Law 92-500 as amended. In addition, the following numeric criteria are for the protection of fish and aquatic life:

Compound Criterion Maximum Criterion Continuous Concentration μg/L Concentration μg/L (CMC) (CCC)

Arsenic (III) 340 150 Chloride 860000 230000 Cadmium 1.8 0.72 Chromium, III 570 74 Chromium, VI 16 11 Copper 13 9.0 Lead 65 2.5 Mercury (b) 1.4 0.77 Nickel 470 52 Selenium (lentic) 20 1.5 Selenium (lotic) 20 3.1 Silver 3.2 --- Zinc 120 120 Cyanide 22 5.2 Chlorine (TRC) 19 11 Pentachlorophenol 19 15 Acrolein 3.0 3.0 Aldrin 3.0 --g-BHC – Lindane (b) 0.95 --- Carbaryl 2.1 2.1 Chlordane (b) 2.4 0.0043 Chlorpyrifos 0.083 0.041 4-4’-DDT (b) 1.1 0.001 Demeton ---- 0.1 Diazinon 0.17 0.17 Dieldrin (b) 0.24 0.056 a-Endosulfan 0.22 0.056 b-Endosulfan 0.22 0.056 Endrin 0.086 0.036 Guthion ---- 0.01 Heptachlor 0.52 0.0038 Heptachlor epoxide 0.52 0.0038 Malathion ---- 0.1 Methoxyclor ---- 0.03 Mirex ---- 0.001 Nonylphenol 28.0 6.6 Parathion 0.065 0.013 PCBs, total (b) --- 0.014 Toxaphene (b) 0.73 0.0002 Tributyltin (TBT) 0.46 0.072 (b) Bioaccumulative parameter.

Criteria for these metals are expressed as dissolved.

Criteria for these metals are expressed as dissolved and are a function of total hardness (mg/L). Hardness-dependent metals criteria may be calculated from the following (values displayed above correspond to a total hardness of 100 mg/l and may have been rounded):

CMC (dissolved) = exp{mA[ln(hardness)]+bA } (CF)

CCC (dissolved) = exp{mC [ln(hardness)]+bC} (CF)

Chemical MA bA MC BC Freshwater Conversion Factors (CF)

CMC CCC

Cadmium 0.9798 -3.866 0.7977 -3.909 1.136672-[(ln hardness)(0.041838)] 1.101672-[(ln hardness)(0.041838)]

Chromium III 0.8190 3.7256 0.8190 0.6848 0.316 0.860 Copper 0.9422 -1.700 0.8545 -1.702 0.960 0.960 Lead 1.273 -1.460 1.273 -4.705 1.46203-[(ln hardness)(0.145712)] 1.46203-[(ln hardness)(0.145712)]

Nickel 0.8460 2.255 0.8460 0.0584 0.998 0.997 Silver 1.72 -6.59 0.85 Zinc 0.8473 0.884 0.8473 0.884 0.978 0.986 If criteria are hardness-dependent, the Criterion Maximum Concentration (CMC) and Criterion Continuous Concentration (CCC) shall be based on the actual stream hardness. When an ambient hardness of less than 25 mg/L is used to establish criteria for cadmium or lead, the hardness dependent conversion factor (CF) shall not exceed one. When ambient hardness is greater than 400 mg/L, criteria shall be calculated according to one of the following two options:

(1) calculate the criterion using a default Water Effects Ratio (WER) of 1.0 and a hardness of 400 mg/L in the hardness based equation; or (2) calculate the criterion using a WER and the actual ambient hardness of the surface water in the hardness based equation. For information concerning metals translation and site-specific criteria, see paragraph (9) of Rule 0400-40-03-.02.

The numeric water criteria for selenium are applicable for all purposes, but for water quality assessment, fish tissue values may be used to confirm or refute impacts to aquatic life in accordance with and using the values from EPA’s Final Criterion: Aquatic Life Ambient Water Quality Criterion for Selenium – Freshwater (June 30, 2016). However, a lack of fish tissue data or the absence of fish from a waterbody will not prevent it from being assessed as impaired if a numeric water concentration criterion is exceeded. Fish tissue concentration alone may be used to establish use impairment.

If Standard Methods 4500-CN I (Weak Acid Dissociable), 4500-CN G (Cyanides Amenable to Chlorination after Distillation), or OIA-1677 are used, this criterion may be applied as free cyanide.

Criteria for pentachlorophenol are expressed as a function of pH. Values displayed above correspond to a pH of 7.8 and are calculated as follows:

CMC = exp(1.005(pH) - 4.869) CCC = exp(1.005(pH) - 5.134)

(h) Other Pollutants - The waters shall not contain other pollutants that will be detrimental to fish or aquatic life.

(i) Iron - The waters shall not contain iron at concentrations that cause toxicity or in such amounts that interfere with habitat due to precipitation or bacteria growth.

(j) Ammonia - The concentration of total ammonia nitrogen (in mg N/L) shall not exceed the CMC (acute criterion) calculated using the following equation:

The 30-day average concentration of total ammonia nitrogen (in mg N/L) shall not exceed the CCC (chronic criterion) calculated using the following equation:

In addition, the highest four-day average within the 30-day period shall not exceed 2.5 times the CCC.

(k) Nutrients - The waters shall not contain nutrients in concentrations that stimulate aquatic plant and/or algae growth to the extent that aquatic habitat is substantially reduced and/or the biological integrity fails to meet regional goals. Additionally, the quality of downstream waters shall not be detrimentally affected. Examples of parameters associated with the criterion include but are not limited to: nitrogen, phosphorus, potassium, calcium, magnesium, and various forms of each.

Interpretation of this provision may be made using the 2001 document Development of Regionally-based Interpretations of Tennessee’s Narrative Nutrient Criterion and/or other scientifically defensible methods.

(l) Coliform - The concentration of the E. coli group shall not exceed 630 cfu per 100 ml as a geometric mean based on a minimum of five samples collected from a given sampling site over a period of not more than 30 consecutive days with individual samples being collected at intervals of not less than 12 hours. For the purposes of determining the geometric mean, individual samples having an E. coli group concentration of less than 1 cfu per 100 ml shall be considered as having a concentration of 1 cfu per 100 ml. In addition, the concentration of the E. coli group in any individual sample shall not exceed 2,880 cfu per 100 ml.

(m) Biological Integrity - The waters shall not be modified through the addition of pollutants or through physical alteration to the extent that the diversity and/or productivity of aquatic biota within the receiving waters are substantially decreased or, in the case of wadeable streams, substantially different from conditions in reference streams in the same ecoregion. The parameters associated with this criteri on are the aquatic biota measured. These are response variables.

Interpretation of this provision for any stream that (a) has at least 80% of the upstream catchment area contained within a single bioregion and (b) is of the appropriate stream order specified for the bioregion and (c) contains the habitat (riffle or rooted bank) specified for the bioregion, may be made using protocols found in the Department’s 2021 Quality System Standard Operating Procedure for Macroinvertebrate Stream Surveys and/or other scientifically defensible methods.

Interpretation of this provision for all other wadeable streams, lakes, and reservoirs may be made using Rapid Bioassessment Protocols for Use in Wadeable Streams and Rivers (EPA/841-B-99-002) or Lake and Reservoir Bioassessment and Biocriteria (EPA 841-B-98-007), and/or other scientifically defensible methods. Interpretation of this provision for wetlands or large rivers may be made using scientifically defensible methods. Effects to biological populations will be measured by comparisons to upstream conditions or to appropriately selected reference sites in the same bioregion if upstream conditions are determined to be degraded.

(n) Habitat - The quality of stream habitat shall provide for the development of a diverse aquatic community that meets regionally-based biological integrity goals. Examples of parameters associated with this criterion include but are not limited to: sediment deposition, embeddedness of riffles, velocity/depth regime, bank stability, and vegetative protection. Types of activities or conditions that can cause habitat loss include, but are not limited to: channel and substrate alterations, rock and gravel removal, stream flow changes, accumulation of silt, precipitation of metals, and removal of riparian vegetation. For wadeable streams, the in stream habitat within each subecoregion shall be generally similar to that found at reference streams. However, streams shall not be assessed as impacted by habitat loss if it has been demonstrated that the biological integrity goal has been met.

(o) Flow - Stream or other waterbody flows shall support the fish and aquatic life criteria.

(4) The criteria for the use of Recreation are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(d) Total Suspended Solids, Turbidity, or Color - There shall be no total suspended solids, turbidity or color in such amounts or character that will result in any objectionable appearance to the water, considering the nature and location of the water.

(e) Temperature - The maximum water temperature change shall not exceed 3°C relative to an upstream control point. The temperature of the water shall not exceed 30.5°C and the maximum rate of change shall not exceed 2°C per hour. The temperature of impoundments where stratification occurs will be measured at a depth of five feet, or mid-depth whichever is less, and the temperature in flowing streams shall be measured at mid-depth.

(f) Coliform - The concentration of the E. coli group shall not exceed 126 cfu per 100 ml, as a geometric mean based on a minimum of five samples collected from a given sampling site over a period of not more than 30 consecutive days with individual samples being collected at intervals of not less than 12 hours. For the purposes of determining the geometric mean, individual samples having an E. coli concentration of less than 1 cfu per 100 ml shall be considered as having a concentration of 1 cfu per 100 ml.

Additionally, the concentration of the E. coli group in any individual sample shall not exceed 410 cfu per 100 ml more often than in 10% of samples during any 30-day interval.

(g) Taste or Odor - The waters shall not contain substances that will result in objectionable taste or odor.

(h) Nutrients - The waters shall not contain nutrients in concentrations that stimulate aquatic plant and/or algae growth to the extent that the public’s recreational uses of the waterbody or other downstream waters are detrimentally affected. Unless demonstrated otherwise, the nutrient criteria found in subparagraph (3)(k) of this rule will be considered adequately protective of this use.

(i) Nutrient Response Criteria for Pickwick Reservoir: those waters impounded by Pickwick Dam on the Tennessee River. The reservoir has a surface area of 43,100 acres at full pool, 9,400 acres of which are within Tennessee. Chlorophyll a (corrected, as described in Standard Methods for the Examination of Water and Wastewater, 20 th Edition, 1998): the mean of the photic-zone (See definition) composite chlorophyll a samples collected monthly April through September shall not exceed 18 μg/L, as measured over the deepest point, main river channel, dam forebay.

(j) Toxic Substances - The waters shall not contain toxic substances, whether alone or in combination with other substances, that will render the waters unsafe or unsuitable for water contact activities including the capture and subsequent consumption of fish and shellfish, or may result in toxic conditions that will adversely affect man, animal, aquatic life, or wildlife. Human health criteria have been derived to protect the consumer from consumption of contaminated fish and water. The water and organisms criteria should only be applied to those waters classified for both recreation and domestic water supply. In addition, the following numeric criteria are for the protection of recreation:

Water & Organisms Organisms Only Criteria Criteria Compound (μg/L) (μg/L)

INORGANICS

Antimony 5.6 640 Arsenic (c) 10.0 10.0 Mercury (b) 0.05 0.051 Nickel 610 4600 Thallium 0.24 0.47 Cyanide 140 140 Selenium 170 4200 Zinc 7400 26000 Dioxin (b) 0.000001 0.000001 VOLATILES Acrolein 6 9 Acrylonitrile (c) 0.51 2.5 Benzene (c) 22 510 Bromoform (c) 43 1400 Carbon tetrachloride (c) 2.3 16 Chlorobenzene 130 1600 Chlorodibromomethane (c) 4.0 130 Chloroform (c) 57 4700 Dichlorobromomethane (c) 5.5 170 1,2-Dichloroethane (c) 3.8 370 1,1-Dichloroethylene 330 7100 1,2-Dichloropropane (c) 5.0 150 1,3-Dichloropropene (c) 3.4 210 Ethylbenzene 530 2100 Methyl bromide 47 1500 Methylene chloride (c) 46 5900 1,1,2,2-Tetrachloroethane (c) 1.7 40 Tetrachloroethylene (c) 6.9 33 Toluene 1300 15000 1,2-Trans-Dichloroethylene 140 10000 1,1,2-Trichloroethane (c) 5.9 160 Trichloroethylene (c) 25 300 Vinyl chloride (c) 0.25 24 Water & Organisms Organisms Only Criteria Criteria Compound (μg/L) (μg/L)

ACID EXTRACTABLES 2-Chlorophenol 81 150 2,4-Dichlorophenol 77 290 2,4-Dimethylphenol 380 850 2-Methyl-4,6-dinitrophenol 13 280 Dinitrophenols 69 5300 Pentachlorophenol (c) (pH) 2.7 30 Phenol 10000 860000 2,4,6-Trichlorophenol (c) 14 24 BASE NEUTRALS Acenaphthene 670 990 Anthracene 8300 40000 Benzidine (c) 0.00086 0.0020 Benzo(a)anthracene (c) 0.038 0.18 Benzo(a)pyrene (c) 0.038 0.18 Benzo(b)fluoranthene (c) 0.038 0.18 Benzo(k)fluoranthene (c) 0.038 0.18 Bis(2-Chlorethyl)ether (c) 0.30 5.3 Bis(2-Chloro-isopropyl)ether 1400 65000 Bis(2-Ethylhexyl)phthalate (c) 12 22 Bis(Chloromethyl)ether (c) 0.0010 0.0029 Butylbenzyl Phthalate (c) 1500 1900 2-Chloronaphthalene 1000 1600 Chrysene (c) 0.038 0.18 Dibenz(a,h)Anthracene (c) 0.038 0.18 1,2-Dichlorobenzene 420 1300 1,3-Dichlorobenzene 320 960 1,4-Dichlorobenzene 63 190 3,3-Dichlorobenzidine (c) 0.21 0.28 Diethyl phthalate 17000 44000 Dimethyl phthalate 270000 1100000 Di-n-butyl phthalate 2000 4500 2,4-Dinitrotoluene (c) 1.1 34 1,2-Diphenylhydrazine (c) 0.36 2.0 Fluoranthene 130 140 Fluorene 1100 5300 Hexachlorobenzene (b)(c) 0.0028 0.0029 Hexachlorobutadiene (b)(c) 4.4 180 Hexachlorocyclohexane- 0.123 0.414 Technical (b)(c)

Hexachlorocyclopentadiene 40 1100 Hexachloroethane (c) 14 33 Ideno(1,2,3-cd)Pyrene (c) 0.038 0.18 Isophorone (c) 350 9600 Nitrobenzene 17 690 Nitrosamines 0.0008 1.24 Nitrosodibutylamine (c) 0.063 2.2 Nitrosodiethylamine (c) 0.008 12.4 Nitrosopyrrolidine (c) 0.16 340 N-Nitrosodimethylamine (c) 0.0069 30 N-Nitrosodi-n-Propylamine (c) 0.05 5.1 N-Nitrosodiphenylamine (c) 33 60 Water & Organisms Organisms Only Criteria Criteria Compound (μg/L) (μg/L)

Pyrene 830 4000 Pentachlorobenzene (b) 1.4 1.5 1,2,4,5-Tetrachlorobenzene (b) 0.97 1.1 1,2,4-Trichlorobenzene 35 70 2,4,5-Trichlorophenol 1800 3600 PESTICIDES Aldrin (c) 0.00049 0.00050 a-BHC (c) 0.026 0.049 b-BHC (c) 0.091 0.17 g-BHC - Lindane (b) 0.98 1.8 Chlordane (b)(c) 0.0080 0.0081 4-4’-DDT (b)(c) 0.0022 0.0022 4,4’-DDE (b)(c) 0.0022 0.0022 4,4’-DDD (b)(c) 0.0031 0.0031 Dieldrin (b)(c) 0.00052 0.00054 a-Endosulfan 62 89 b-Endosulfan 62 89 Endosulfan Sulfate 62 89 Endrin 0.059 0.06 Endrin Aldehyde 0.29 0.30 Heptachlor (c) 0.00079 0.00079 Heptachlor epoxide (c) 0.00039 0.00039 PCB, total (b)(c) 0.00064 0.00064 Toxaphene (b)(c) 0.0028 0.0028 (b) Bioaccumulative parameter.

These criteria are for protection of public health due to consumption of water and organisms and should only be applied to these waters designated for both recreation and domestic water supply.

Total dioxin is the sum of the concentrations of all dioxin and dibenzofuran isomers after multiplication by Toxic Equivalent Factors (TEFs). Following are the TEFs currently recommended by EPA (subject to revision):

DIOXIN ISOMERS TEF FURAN ISOMERS TEF

Mono-, Di-, & TriCDDs 0.0 Mono-, Di-, & TriCDFs 0.0 2,3,7,8 TCDD 1.0 2,3,7,8 TCDF 0.1 Other TCDDs 0.0 Other TCDFs 0.0 1,2,3,7,8 PeCDD 1.0 1,2,3,7,8 PeCDF 0.03 Other PeCDDs 0.0 2,3,4,7,8 PeCDF 0.3 Other PeCDFs 0.0 1,2,3,4,7,8 HxCDD 0.1 1,2,3,4,7,8 HxCDF 0.1 1,2,3,6,7,8 HxCDD 0.1 1,2,3,6,7,8 HxCDF 0.1 1,2,3,7,8,9 HxCDD 0.1 1,2,3,7,8,9 HxCDF 0.1 Other HxCDDs 0.0 2,3,4,6,7,8 HxCDF 0.1 Other HxCDFs 0.0 1,2,3,4,6,7,8 HpCDD 0.01 1,2,3,4,6,7,8 HpCDF 0.01 1,2,3,4,7,8,9 HpCDF 0.01 Other HpCDDs 0.0 Other HpCDFs 0.0 OCDD 0.0003 OCDF 0.0003 (k) Other Pollutants - The waters shall not contain other pollutants in quantities that may have a detrimental effect on recreation.

(l) Fish Consumption Advisories - A public fishing advisory will be considered when the calculated risk of additional cancers exceeds 10 -4 for typical consumers or 10 -5 for atypical consumers (See definition). A “do not consume” advisory will be issued for the protection of typical consumers and a “precautionary advisory” will be issued for the protection of atypical consumers. The following formula will be used to calculate the risk of additional cancers, using the current risk calculation factors and assumptions used by EPA unless better site-specific information is available:

R = qE where:

R= Plausible-upper-limit risk of cancer associated with a chemical in a fisheries species for a human subpopulation. q = Carcinogenic Potency Factor for the chemical (mg kg-1 day-1)-1 estimated as the upper 95% confidence limit of the slope of a linear dose-response curve.

Scientifically defensible Potency Factors will be used.

E = Exposure dose of the chemical (mg kg-1 day-1) from the fish species for the human subpopulation in the area. E is calculated by the following formula:

C I X

E = ------- where:

W C = Concentration of the chemical (mg/kg) in the edible portion of the species in the area. The average levels from multiple fillet samples of the same species will be used. Catfish will be analyzed skin-off with the belly flap included in the sample.

Gamefish and carp will be analyzed skin-on with the belly flap included in the sample. Sizes of fish collected for analysis will represent the ranges of sizes likely to be collected and consumed by the public. References on this subject include, but are not limited to: EPA’s Guidance for Assessing Chemical Contaminant Data for use in Fish Advisories.

I = Mean daily consumption rate (g/day averaged over 70-year lifetime) of the fish species by the human subpopulation in the area.

X = Relative absorption coefficient, or the ratio of human absorption efficiency to test animal absorption efficiency of the chemical.

W = Average human mass (kg).

For substances for which the public health concern is based on toxicity, a “do not consume” advisory will be considered warranted when average levels of the substance in the edible portion of fish exceed U.S. Food and Drug Administration (FDA) Action Levels or EPA national criteria. Based on the rationale used by FDA or EPA for their levels, the Commissioner may issue precautionary advisories at levels appropriate to protect sensitive populations.

(m) Flow - Stream flows shall support recreational uses.

(5) The criteria for the use of Irrigation are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(c) Hardness or Mineral Compounds - The hardness of or the mineral compounds contained in the water shall not impair its use for irrigation.

(d) Solids, Floating Materials, and Deposits - There shall be no distinctly visible solids, scum, foam, oily slick, or the formation of slimes, bottom deposits, or sludge banks of such size or character as may impair the usefulness of the water for irrigation purposes.

(e) Temperature - The temperature of the water shall not interfere with its use for irrigation purposes.

(f) Toxic Substances - The waters shall not contain toxic substances whether alone or in combination with other substances that will produce toxic conditions that adversely affect the quality of the waters for irrigation.

(g) Other Pollutants - The waters shall not contain other pollutants in quantities that may be detrimental to the waters used for irrigation.

(6) The criteria for the use of Livestock Watering and Wildlife are the following.

(a) Dissolved Oxygen - There shall always be sufficient dissolved oxygen present to prevent odors of decomposition and other offensive conditions.

(b) pH - The pH value shall lie within the range of 6.0 to 9.0 and shall not fluctuate more than 1.0 unit in this range over a period of 24 hours.

(c) Hardness or Mineral Compounds - The hardness of or the mineral compounds contained in the water shall not impair its use for livestock watering and wildlife.

(e) Temperature - The temperature of the water shall not interfere with its use for livestock watering and wildlife.

(f) Toxic Substances - The waters shall not contain substances whether alone or in combination with other substances, that will produce toxic conditions that adversely affect the quality of the waters for livestock watering and wildlife.

(g) Other Pollutants - The waters shall not contain other pollutants in quantities that may be detrimental to the water for livestock watering and wildlife.

(7) The criteria for the use of Navigation are the following.

(a) Solids, Floating Materials, and Deposits - There shall be no distinctly visible solids, scum, foam, oily slick, or the formation of slimes, bottom deposits, or sludge banks of such size or character as to interfere with navigation.

(b) Other Pollutants - The waters shall not contain other pollutants in quantities that may be detrimental to the waters used for navigation.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-03-.04 DEFINITIONS

In addition to the meanings provided in the Water Quality Control Act (T.C.A. § 69-3-103), terms used in these rules shall mean the following:

(1) Atypical consumers - Those persons in the vicinity of a stream or lake who due to physiological factors or previous exposure are more sensitive to specific pollutants than is the population in general. Examples of atypical consumers may include, but are not limited to: children; pregnant or nursing women; subsistence fishermen; frequent purchasers of commercially harvested fish; and agricultural, industrial, or military personnel who may have had previous occupational exposure to the contaminant of concern.

(2) Conventional water treatment - Conventional water treatment as referred to in the criteria denotes coagulation, sedimentation, filtration, and chlorination or disinfection.

(3) Degradation - The alteration of the properties of waters by the addition of pollutants, withdrawal of water, or removal of habitat, except those alterations of a short duration.

(4) De Minimis degradation - Degradation of a small magnitude, as provided in this paragraph.

(a) Discharges and withdrawals.

Subject to the limitation in part 3 of this subparagraph, a single discharge will be considered de minimis if it uses less than five percent of the available assimilative capacity for the substance being discharged.

(Note: Consistent with T.C.A. § 69-3-108, special consideration will be given to bioaccumulative substances to confirm the effect is de minimis, even if they use less than five percent of the available assimilative capacity under this part or less than 10% of the available assimilative capacity under part 3 of this subparagraph.)

Subject to the limitation in part 3 of this subparagraph, a single water withdrawal will be considered de minimis if it removes less than five percent of the 7Q10 flow of the stream, unless the withdrawal may adversely affect waters designated as Exceptional Tennessee Waters pursuant to part (4)(a)3 of Rule 0400-40-03- .06.
If more than one activity described in part 1 or 2 of this subparagraph has been authorized (including withdrawals exempted by paragraph (4) of Rule 0400-40- 07-.02) in a segment, and the total impact of the authorized and proposed impacts uses no more than 10% of the assimilative capacity, or 7Q10 low flow, then activities are presumed to be de minimis, unless the withdrawal may adversely affect waters designated as Exceptional Tennessee Waters pursuant to part (4)(a)3 of Rule 0400-40-03-.06.

(b) Habitat alterations authorized by an Aquatic Resource Alteration Permit (ARAP) are de minimis if the Division finds that the impacts, individually and cumulatively are offset by impact minimization and/or in-system mitigation, provided however, in ONRWs the mitigation must occur within the ONRW.

(5) Domestic wastewater discharge - A discharge of sanitary and other non-process wastewater from a treatment facility other than a publicly-owned treatment works (POTW) treating municipal sewage and/or industrial waste. Examples of domestic wastewater discharges include, but are not limited to, homes, subdivisions, campgrounds, hotels, travel centers, parks, and schools.

(6) Ecoregion - A relatively homogeneous area defined by similarity of climate, landform, soil, potential natural vegetation, hydrology, or other ecologically relevant variables.

(7) Epilimnion - The upper layer of water in a thermally stratified lake or reservoir. This layer consists of the warmest water and has a fairly uniform (constant) temperature.

(8) Groundwater - Water beneath the surface of the ground within the zone of saturation, whether or not flowing through known and definite channels.

(9) Groundwater table - The upper surface of the zone of saturation by ground water.

(10) Hypolimnion - The lowest layer in a thermally stratified lake or reservoir. This layer consists of colder, more dense water, has a constant temperature and no mixing occurs. The hypolimnion of a eutrophic lake is usually low or lacking in oxygen.

(11) Interflow - The runoff infiltrating into the surface soil and moving toward streams as shallow, perched water above the main groundwater level.

(12) In-system mitigation - Mitigation for habitat alterations sufficient to result in no overall net loss of resource values, if provided in the same eight-digit hydrologic unit code as the alteration, or in another area proximate to the alteration as approved by the Division to offset the loss of resource values in the area. In-system mitigation may not occur within a different major river drainage basin as the alteration (i.e., Tennessee River, Cumberland River, Mississippi River).

(13) Lentic - Still water aquatic ecosystems such as ponds, lakes, or reservoirs.

(14) Lotic - Fl owing water aquatic ecosystems such as streams and rivers.

(15) Measurable degradation, as used in the context of discharges or withdrawals - Changes in parameters of waters that are of sufficient magnitude to be detectable by the best available instrumentation or laboratory analyses.

(Note: Because analytical techniques change, the Department may consider either the most sensitive detection method needed to comply with State standards or any biological, chemical, physical, or analytical method, conducted in accordance with EPA approved methods as identified in 40 C.F.R. part 136 (2022). Consistent with T.C.A. § 69-3-108, for scenarios involving cumulative, non-measurable activities or parameters that are managed by a narrative criterion, the Department will use mathematical models and ecological indices to ensure no degradation will result from the authorization of such activities, consistent with the State’s mixing zone policy.)

(16) Minimum Level (ML) - A term referring to the lowest sample concentration at which reliable quantitative measurements can be made as defined in Appendix A of 40 C.F.R. part 136 (2022).

(17) Mixing zone - That section of a flowing stream or impounded waters in the immediate vicinity of an outfall where an effluent becomes dispersed and mixed.

(18) Multiple populations - Two or more individuals from each of two or more distinct taxa, in the context of obligate lotic aquatic organisms.

(19) New or increased discharge - A new discharge of pollutants to waters of the state or an increase in the authorized loading of a pollutant above either (1) numeric effluent limitations established in a National Pollutant Discharge Elimination System permit for that discharge, or (2) if no such limitations exist, the actual discharges of that pollutant.

(20) Normal weather conditions - Those within one standard deviation of the cumulative monthly precipitation means for at least the three months prior to the hydrologic determination investigation, based on a 30-year average computed at the end of each decade. Precipitation data shall come from National Oceanographic and Atmospheric Agency’s National Climatic Data Center, National Resources Conservation Service’s National Climatic Data Center, Natural Resources Conservation Service’s National Water and Climate Center, or other wellestablished weather station.

(21) Obligate lotic aquatic organisms - Organisms that require flowing water for all or almost all of the aquatic phase of their life cycles.

(22) Parameter - A biological, chemical, radiological, bacteriological, or physical property of water that can be directly measured. Some criteria are expressed in terms of a single parameter; others, such as habitat, nutrients, and biological integrity are not directly measured, but are derived from measurements of parameters.

(23) Perched water - Water that accumulates above an aquitard that limits downward migration where there is an unsaturated interval below it, between the aquitard and the zone of saturation.

(24) Photic zone - The region of water through which light penetrates and where photosynthetic organisms live.

(25) Reference condition - A parameter-specific set of data from regional reference sites that establish the statistical range of values for that particular substance at least-impacted streams.

(26) Reference site - Least impacted waters within an ecoregion that have been monitored to establish a baseline to which alterations of other waters can be compared.

(27) Resource values - The physical, chemical, and biological properties of the water resource that help maintain classified uses. These properties may include, but are not limited to, the ability of the water resource to:

(a) Filter, settle, and/or eliminate pollutants;

(b) Prevent the entry of pollutants into downstream waters;

(d) Provide habitat for fish, aquatic life, and wildlife;

(e) Provide drinking water for wildlife and livestock;

(f) Provide and support recreational and navigational uses; and (g) Provide both safe quality and adequate quantity of water for domestic water supply and other applicable classified uses.

(28) Response variable - A characteristic of water quality that can be measured and changes as a result of an alteration of habitat, water withdrawal, or discharge of pollutants, as distinguished from agents that cause changes in aquatic systems.

(29) Significant degradation - An appreciable permanent loss of resource values resulting from a habitat alteration in a waterbody with unavailable parameters for habitat, unless mitigation sufficient to ensure no overall net loss of resource values is provided.

(30) Stratification - The tendency in lakes and reservoirs for distinct layers of water to form as a result of vertical change in temperature and, therefore, in the density of water. During stratification, dissolved oxygen, nutrients, and other parameters of water chemistry do not mix well between layers, establishing chemical as well as thermal gradients.

(31) Stream - A surface water that is not a wet weather conveyance.

(32) Subecoregion - A smaller, more homogenous area that has been delineated within an ecoregion.

(33) Thermocline - The middle layer in a thermally stratified lake or reservoir. In this layer there is a rapid decrease in temperature with depth. Also called the metalimnion.

(34) Wadeable streams - Streams that can be sampled using a hand held, one meter square or smaller kick net without water and materials escaping over the top of the net.

(35) Watercourse - A man-made or natural hydrologic feature with a defined linear channel which discretely conveys flowing water, as opposed to sheet-flow.

(36) Wet weather conveyance - Man-made or natural watercourses, including natural watercourses that have been modified by channelization:

(a) That flow only in direct response to precipitation runoff in their immediate locality;

(b) Whose channels are at all times above the groundwater table;

(c) That are not suitable for drinking water supplies; and (d) In which hydrological and biological analyses indicate that, under normal weather conditions, due to naturally occurring ephemeral or low flow there is not sufficient water to support fish, or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two months.

(37) Wet weather conveyance determination - The decision based on site specific information of whether a particular watercourse is a stream or a wet weather conveyance. It is synonymous with “stream determination” and “hydrologic determination.”

(38) Zone of saturation - A subsurface zone below the groundwater table in which all of the interconnected voids and pore spaces are filled with water.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03. Amendments filed January 6, 2015; effective April 6, 2015. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-03-.05 INTERPRETATION OF CRITERIA

(1) Interpretation of the above criteria shall conform to any rules and regulations or policies adopted by the Board of Water Quality, Oil, and Gas.

(2) For measuring compliance with permit conditions, the effect of treated sewage or waste discharge on the receiving waters shall be considered beyond the mixing zone except as provided in this paragraph. Such mixing zones (See definition) shall be restricted in area and length; and shall not (a) prevent the free passage of fish or cause aquatic life mortality in the receiving waters; (b) contain materials in concentrations that exceed acute criteria beyond the zone immediately surrounding the outfall; (c) result in objectionable colors, odors, or other conditions; (d) produce undesirable aquatic life or result in dominance of a nuisance species;

(e) endanger the public health or welfare; or (f) impair classified uses outside of the mixing zone; (g) create a condition of chronic toxicity beyond the edge of the mixing zone; (h) adversely affect nursery and spawning areas; or (i) adversely affect species with special state or federal status. Mixing zones shall not apply to the discharge of bioaccumulative pollutants to waters of the state where the risk-based factors in subparagraph (4)(l) of Rule 0400-40-03- .03 are exceeded for the pollutant group.

(3) Permits for the discharge of pollutants may establish a schedule of compliance when necessary to allow a reasonable opportunity to comply with these water quality standards.

When the Division establishes a compliance schedule, it shall consider the technical and economic feasibility of waste treatment, recovery, or adjustment of the method of discharge.

Any such schedule of compliance shall require compliance with an enforceable final effluent limitation as soon as possible and include a final compliance date. If compliance will take longer than one year, the schedule of compliance shall establish enforceable interim requirements, establish dates for compliance with these requirements that are no longer than one year apart, and require reporting of interim compliance actions within 14 days of the applicable deadline. If the time necessary for completion of any requirement is more than one year and the requirement is not readily divisible into stages for completion, the permit shall require, at a minimum, specified dates for annual submission of progress reports on the status of interim requirements.

(4) Water quality criteria for fish and aquatic life and livestock watering and wildlife set forth shall generally be applied in permits on the basis of the following stream flows: unregulated streams - stream flows equal to or exceeding the seven-day minimum, 10-year recurrence interval; regulated streams - all flows in excess of the minimum critical flow occurring once in 10 years as determined by the Division. All other criteria shall be applied in permits on the

basis of stream flows equal to or exceeding the 30-day minimum five year recurrence interval.

(5) In general, deviations from normal water conditions are undesirable, but the frequency, magnitude, and duration of the deviations shall be considered in interpreting the above criteria in assessing use support. Excursions from water quality criteria of a magnitude, frequency, and/or duration such that a specific use classification is no longer supported by existing water quality is the condition of impairment. When interpreting pathogen data, samples collected during or immediately after significant rain events may be treated as outliers unless caused by point source dischargers. Such outlier data may be given less weight in assessment decisions than non-rain event sampling results.

(6) All discharges of sewage, industrial waste, and other waste shall receive the degree of treatment or effluent reduction necessary to comply with water quality standards, or state or federal laws and regulations pursuant thereto, and where appropriate will comply with the “Standards of Performance” as required by the Tennessee Water Quality Control Act, (T.C.A., §§ 69-3-101, et seq.).

(7) Where naturally formed conditions (e.g., geologic formations) or background water quality conditions are substantial impediments to attainment of the water quality standards, these natural or background conditions shall be taken into consideration in establishing any effluent limitations or restrictions on discharges to such waters. For purposes of water quality assessment, with the exception of pathogens, exceedances of water quality standards caused by natural conditions alone will not be considered the condition of impairment.

Examples of natural conditions include alterations caused by beaver activity, nonconstruction related rockslides of pyritic materials, and groundwater with naturally elevated metals or low dissolved oxygen levels.

(8) All chemical data reported under this rule shall be generated using “sufficiently sensitive” analytical methods approved under 40 C.F.R. part 136 (2022) or required under 40 C.F.R.

chapter I, subchapter N or O (2022). An approved method is “sufficiently sensitive” when:

(a) The method minimum level (ML) is at or below the level of the applicable water quality criterion or the effluent limit established by the permit for the measured pollutant or pollutant parameter; or (b) The method ML is above the applicable water quality criterion or the effluent limit established by the permit, but the amount of the pollutant or pollutant parameter actually measured is high enough that the method detects and quantifies the level of the pollutant or pollutant parameter; or (c) Demonstration is made showing that the method used has the lowest ML of the approved methods for the measured pollutant or pollutant parameter in the sample/matrix being analyzed. (Documentation supporting this demonstration is to be submitted with reported data and shall include narrative justification for why the method chosen is believed to have the lowest ML of all approved methods identified in 40 C.F.R. part 136 (2022). The Director shall determine whether the submitted information demonstrates sufficient method sensitivity.)

Note: When there is no analytical method that has been approved under 40 C.F.R. part 136 (2022) or required under 40 C.F.R. chapter I, subchapter N or O (2022), and a specific method is not otherwise required by the Director, the applicant may use any suitable method but shall provide a description of the method. When selecting a suitable method, factors such as a method’s precision, accuracy, or resolution must be considered when assessing the performance of the method.

(9) Standard operating procedures for making stream and wet weather conveyance determinations (hydrologic determinations).

(a) General.

Because a primary purpose of the Water Quality Control Act is to protect the waters of the state for the public, and since streams receive a higher level of protection than wet weather conveyances, anyone desiring to alter a watercourse who wishes to avoid unnecessary expense and delay, may request the department to process a permit application or issue an authorization under a general permit with the presumption that the watercourse is a stream. In that instance, a full hydrologic determination would not be performed under these rules. However, nothing shall preclude an applicant from subsequently seeking a wet weather conveyance determination.
The procedures detailed in this rule are intended to be used in situations where there is some question whether a watercourse is a stream or wet weather conveyance. In situations where it is obvious that a watercourse is a stream, such as named rivers or streams with watersheds larger than a square mile, or spring-fed streams with consistent flow greater than one cubic foot per second, it is not necessary to conduct a detailed hydrologic determination.
It is the purpose of this rule to set out the framework for making stream and wet weather conveyance determinations taking into consideration all relevant and necessary information on the biology, geology, geomorphology, precipitation, hydrology, and other scientifically based principles. Staff of the Department and certified hydrologic professionals not employed by the Department who are making a submission pursuant to T.C.A. § 69-3-108(r) shall follow these rules and the Guidance for Making Hydrologic Determinations (Guidance) which contains the instructions and examples for proper application of these rules to situations in the field that has been developed pursuant to T.C.A. § 69-3-107(25) in making these determinations.
The format for documenting these determinations is provided in the Hydrologic Determination Field Data Sheet (Data Sheet) in the Guidance. All available field characteristics necessary to make an accurate determination shall be evaluated, and all evidence utilized in making a determination shall be documented using the Data Sheet or as an addendum. Applicants may choose to submit additional hydrological or geotechnical data not included in the standard procedure in support of a hydrologic determination. Any additional relevant information submitted to the Department shall be considered by the Division in its determination.
Any significant revision to the Data Sheet or Guidance shall be subject to a 30day public comment period prior to adoption. The Department shall advertise its intent to modify the Data Sheet or Guidance by posting notice of proposed changes on the Department’s internet web site and by sending to the permit mailing list. Significant modifications include the addition or deletion or substantive modification of either the primary or secondary indicators or a change in the scoring system. The Department shall consider the need for modifications to the Data Sheet and Guidance periodically and whenever a significant comment is submitted in regard to them.
To be classified as a wet weather conveyance, a watercourse must meet all four elements of the definition in T.C.A. § 69-3-103. Therefore, if it is determined that any one of the four elements does not apply to a watercourse, the watercourse is a stream.
Because natural variation and human activities can alter hydrologic conditions over time, hydrologic determination will only be considered valid for a maximum of five years or the term of a permit based on it.
Because there can be considerable variability within a given reach of a watercourse, wet weather conveyance determinations should not be made on a single point but must also investigate up and down channel and consider the watercourse’s landscape context.
All of the indicators referred to in these rules and the Guidance are evidence relevant to the presence or absence of one or more of the four elements of the wet weather conveyance definition. The difference between the primary and secondary indicators is that each of the primary indicators is considered presumptive evidence alone regarding one or more of the four elements, and will allow for an immediate hydrologic determination to be made in most cases.

Some of the primary indicators involve direct observations of the presence or absence of one or more of the elements. The primary indicators of wet weather conveyances are:

(i) Hydrologic feature exists solely due to a process discharge;

(ii) Defined bed and bank absent, watercourse dominated by upland vegetation/grass;

(iii) Watercourse dry anytime during February through April 15 under normal precipitation/groundwater conditions; and (iv) Daily flow and precipitation records showing feature only flows in direct response to rainfall.

Primary indicators of streams are:

(i) Presence of multiple populations of obligate lotic organisms with two months or longer aquatic phase;

(ii) Presence of fish (except Gambusia);

(iii) Presence of naturally occurring groundwater table connection;

(iv) Flowing water in channel seven days or more since the last precipitation in the local watershed; and (v) Evidence watercourse has been used as a supply of drinking water.

When primary indicators cannot be observed or documented, then the investigator must evaluate the watercourse using secondary indicators. The secondary indicators are an aggregate set of observations that in total are used to evaluate the presence or absence of one or more of the elements of a wet weather conveyance. Secondary indicators are:

(i) Continuous bed and bank;

(ii) Sinuous channel;

(iii) In-channel structure, riffle-pool sequences;

(iv) Sorting of soil textures or other substrate;

(v) Active/relic floodplain;

(vi) Depositional bars or benches;

(vii) Braided channel;

(viii) Recent alluvial deposits;

(ix) Natural levees;

(x) Headcuts;

(xi) Grade controls;

(xii) Natural valley drainageway;

(xiii) At least second order channel on United States Geological Survey or Natural Resources Conservation Service map;

(xiv) Subsurface flow/discharge into channel;

(xv) Water in channel more than forty-eight hours since rain;

(xvi) Leaf litter in channel;

(xvii) Sediment on plants or on debris;

(xviii) Organic debris lines or piles (wrack lines);

(xix) Hydric soils in channel bed or sides;

(xx) Fibrous roots in channel;

(xxi) Rooted plants in channel;

(xxii) Crayfish in channel (exclude in floodplain);

(xxiii) Bivalves/mussels;

(xxiv) Amphibians;

(xxv) Macrobenthos;

(xxvi) Filamentous algae, periphyton;

(xxvii) Iron-oxidizing bacteria/fungus; and (xxviii)Wetland plants in channel.

The secondary indicators shall be scored in accordance with the instructions in the Guidance. Hydrologic determinations will often be made on the basis of secondary indicators because none of the primary indicators are present at the time of investigation. Any of the primary indicators contained in these rules and the Guidance may be considered conclusive after consideration of appropriate background information including recent weather and precipitation, in the absence of any directly contradictory evidence. However, since hydrologic determinations are required to be made at all times of year, secondary indicators of hydrologic status will be used, in accordance with the Guidance and these rules, as determinant evidence in the absence of primary indicators. The secondary indicators used in the Guidance shall be based on sound scientific principles.
Watercourses in which flow is solely a result of process or wastewater discharge or other non-natural sources shall not be regulated as streams even though they may exhibit characteristics of a stream rather than a wet weather conveyance.

(b) The specific procedures outlined herein are intended to consider each of the four elements necessary for a watercourse to be classified as a wet weather conveyance.

Because the duration of the flow in a watercourse is the central inquiry of hydrologic determinations, all of the primary and secondary indicators are relevant to evaluating it. Although other factors may also be relevant, at a minimum the following procedures shall be used to determine if a watercourse flows only in direct response to precipitation runoff in its immediate vicinity.

(i) Prior to conducting a field evaluation, the investigator should review recent precipitation patterns for the local area, the longer-term seasonal precipitation trends, and any other available information such as historic land use, regional geology and soil types, or previous hydrologic determinations near the site to be investigated.

(ii) The investigator must decide if the determination is being conducted under “normal weather conditions.” The procedure for determining if weather conditions are normal, or either wetter or drier than normal, is contained in the Guidance. If conditions are either wetter or drier than normal the investigator must take this into consideration in making a hydrologic determination.

(iii) The vast majority of wet weather conveyances will generally cease to flow within 48 hours of almost all except some of the largest rain events. This is especially true in urbanized, impervious areas, or other areas with low infiltration rates, such as mowed lawns. The investigator shall document the presence or absence of flow within the watercourse. If in-stream surface flow is observed within the evaluated reach, and it has been at least seven days since the last rainfall event in the upstream watershed, the flow will not be considered a direct storm response, and the investigator shall conclude that the feature is a stream. The investigator shall document the source of the precipitation data. The source used shall be as close as feasible to the watercourse.

(iv) When subsurface water discharges such as seeps, interstitial flow, perched water, or interflow are observed and used as indicators of hydrology, investigators shall consider the influence of recent precipitation events and localized soil and geologic conditions on these features to determine if these features provide adequate hydrology such that the watercourse flows more than in direct response to precipitation. For example, since some such features have more flow when there has been significant recent precipitation, if they are flowing when there has not been much recent precipitation, it is more likely that they flow for sustained periods. In some instances, there may be observable outcroppings of a confining layer such as shale or clay that causes interstitial flow to discharge to a watercourse. In this situation, the capacity of up-gradient conditions such as the permeability and volume of the soils above the confining layer to sustain extended periods of surface flow should be considered. These types of sustained discharges should not be considered a direct response to rainfall. In other instances, such as in areas with a highly karst geology, observed seeps into a watercourse may be not be able to sustain extended periods of flow, and may be considered a more direct response to rainfall.

(v) Field investigations for hydrologic determinations should not be conducted if a one-inch precipitation event in 24 hours has occurred in the area of investigation within the previous 48 hours.

The following procedures are to determine if the channel is above the groundwater table at all times. Under the definition of wet weather conveyance in T.C.A. § 69-3-103, if there are any times that the channel is not above the groundwater table, it is a stream.

(i) Since larger streams and rivers are frequently in contact with the groundwater table, the investigator shall review topographic maps to determine if the watercourse is within the floodplain of, or within 20 feet in elevation of a larger stream or river known to carry perennial flow. Flow in such a watercourse should not be considered conclusive evidence of a groundwater table connection, but is contributing evidence to be considered in the determination. Therefore further investigation into additional factors including those listed below is necessary to determine that the watercourse in question is in contact with the groundwater table.

(ii) Since the presence of wetlands often indicates a shallow depth to the groundwater table, the investigator shall search for the presence of wetlands in the immediate vicinity of the watercourse both on topographic maps and in the field. The presence of wetlands in the vicinity of the watercourse being examined should not be considered conclusive evidence of a groundwater table connection, but is contributing evidence to be considered in the determination. Therefore further investigation into other factors including those listed below is necessary to determine that the watercourse in question is in contact with the groundwater table.

(iii) The investigator shall review United States Department of Agriculture soil surveys. Their soil descriptions often contain information on depth to water table. For watercourses whose channels are at a depth that indicates contact with the groundwater table for the soil type in which they are formed, the investigator can conclude that the watercourse is in contact with the water table, absent contradicting field information.

(iv) The investigator shall review site geological characteristics affecting the elevation of the groundwater table with respect to the elevation of the channel, including the presence of karst bedrock features, erodibility of watershed soils, thickness of regolith and channel alluvium, depth to bedrock or laterally persistent silt or clay horizons, land-use disturbances, and other watershed conditions controlling or contributing to the presence or absence of channel base flow.

(v) If data are available from water wells within one mile of and in similar landscape position to a watercourse under investigation, and if the surface elevation of standing water in the well is at or above the elevation of the bottom of the channel of the watercourse, then the investigator can conclude that the watercourse is in contact with the groundwater table.

(vi) The observed emergence of water from the ground is not necessarily water from the groundwater table and should not be considered as conclusive for the purpose of this element. Therefore further investigation into factors including those listed above is necessary to determine the source of the emergent water.

The following procedures are to determine if a watercourse is suitable for drinking water supplies. The investigator should note spring boxes, water pipes to carry water from the watercourse to a residence, or other observable evidence the watercourse is being used as a household water supply upstream of or within the segment being evaluated. When these features are noted, the investigator can conclude that the watercourse is a stream absent contradicting information.
The following procedures are to determine if a watercourse, under normal weather conditions, due to naturally occurring ephemeral or low flow does not have sufficient water to support fish, or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two months.

(i) The presence of the requisite aquatic life is a primary indicator that the watercourse supports that aquatic life. In order to find that the requisite aquatic life is present, the investigator must document more than one individual of at least two qualifying taxa in the evaluated reach under normal weather conditions. Unhatched eggs or any other stage of a taxon’s life cycle that could be found in a wet weather conveyance or lentic habitat (such as a deceased winged adult) should not be considered as a primary indicator that a watercourse is a stream. The specific taxa found should be noted on the Data Sheet. Representative individuals of the taxa used to make this determination should be collected for confirmation of identification. All aquatic life observed should be noted, even if some do not qualify as primary indicators. These organisms may also be relevant as secondary field indicators.

(ii) Indigenous members of taxa within the benthic macroinvertebrate groups listed below are obligate lotic aquatic organisms and thus are primary indicators that a watercourse is a stream when two or more specimens of two or more taxa are documented under normal weather conditions.

(I) Gastropoda: Pleuroceridae, Viviparidae, Valvatidae (II) Bivalvia: Unionidae (III) Coleoptera: Dryopidae, Elmidae, Psephenidae, Ptilodactylidae, Staphylinidae (IV) Diptera: Athericidae, Blephariceridae, Chironomidae (except:

Chironomini or red midges), Empididae, Ptychopteridae, Tanyderidae, and some Tipulidae (Antocha, Rhabdomastix, Dicranota, Hexatoma, Limnophila, Tipula)

(V) Ephemeroptera: all members, except: Siphlonuridae, and some Ephemeridae (Hexagenia)

(VI) Megaloptera: all members, except: Chauliodes (VII) Odonata: Aeshnidae, Calopterygidae, Cordulegastridae, Gomphidae, some Coenagrionidae (Argia, Chromagrion, Amphiagrion), some Libellulidae (Perithemis), and some Corduliidae (Epitheca, Helocordulia, Neurocordulia)

(VIII) Plecoptera: all members (IX) Trichoptera: all members, except: Molannidae, some Leptoceridae (Nectopsyche, Triaenodes), and some Limnephilidae (Ironoquia, Limnephilus, Hesperophylax)

(X) Oligochaetes: Branchiobdellidae, Lumbriculidae, Sparganophilidae, some Tubificidae (subfamily Naidinae, Ilyodrilus, Rhyacodrilus, Varichaetadrilus), and some Lumbricidae (Eiseniella tetraedra only).

(iii) The presence of any indigenous fish species, other than the Mosquitofish (Gambusia), documented under normal weather conditions, is also a primary indicator that the watercourse is a stream, and constitutes support of the requisite aquatic life.

(iv) There are conditions in which a stream may be dry for a period of weeks or even months, but supports multiple populations of lotic aquatic organisms or fish at other times during a year. In such conditions, an investigator could appropriately determine that there is sufficient water on an annual

basis to support such populations even though there were not any present on a particular date. In addition, man-made pollution or other water quality issues may preclude support of these organisms. Therefore, the absence of lotic aquatic organisms at the time of the investigation cannot be the sole basis for a determination that a watercourse meets the fourth element of the definition. When multiple populations of lotic aquatic organisms or fish cannot be documented to occur in a watercourse, then the investigator must consider the hydrologic and biologic factors referred to as secondary indicators in these rules and the Guidance to make a hydrologic determination.

(v) Under normal weather conditions, if the investigator documents the absence of water due to naturally occurring conditions in a watercourse between February 1 and April 15, then the investigator can conclude the watercourse is unable to support fish or multiple populations of obligate lotic aquatic organisms whose life cycle includes an aquatic phase of at least two months and is therefore a wet weather conveyance.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-03-.06 ANTIDEGRADATION STATEMENT

(1) General.

(a) It is the purpose of Tennessee’s standards to fully protect existing uses of all surface waters as established under the Act. Existing uses are those actually attained in the waterbody on or after November 28, 1975. Where the quality of Tennessee waters is better than the level necessary to support propagation of fish, shellfish, and wildlife, or recreation in and on the water, that quality will be maintained and protected unless the Department finds, after intergovernmental coordination and public participation, that lowering water quality is necessary to accommodate important economic or social development in the area in which the waters are located as established herein. In such waters, there shall be achieved the highest statutory and regulatory requirements for all new and existing point sources in that stream segment and sources or activities exempted from permit requirements under the Water Quality Control Act in that stream segment should utilize all cost-effective and reasonable best management practices to prevent degradation of waters. Where new or increased temperature alterations are proposed, a successful demonstration as determined by the Department under Section 316(a) of the Clean Water Act, 33 U.S.C. § 1326, shall be considered to be in compliance with this rule.

(b) To apply this antidegradation statement to permits for new or increased discharges, new or increased water withdrawals, or new or expanded habitat alterations, the Department shall first determine if the application is complete. Absent extraordinary circumstances, the Department shall notify the applicant that an application is complete or of any deficiencies within 30 days of receipt of the application. When the Department determines the application is complete, it shall provide notice to the applicant in writing.

A complete application will include all of the information requested on the forms provided by the Department. For activities other than new domestic wastewater discharges, a complete application will include the applicant’s basis for concluding that the proposed activity:

(i) Will not cause measurable degradation (for withdrawals or discharges);

(ii) Will only cause de minimis degradation;

(iii) Will cause no significant degradation (for habitat alterations); or (iv) Will cause more than de minimis degradation.

If the proposed activity will cause degradation of any available parameter above a de minimis level, or if it is a new discharge of domestic wastewater, a complete application will:

(i) Analyze a range of potentially practicable alternatives to prevent or lessen the degradation associated with the proposed activity;

(ii) Demonstrate that the proposed degradation is necessary to accommodate important social or economic development in the area in which the waters are located; and (iii) Demonstrate that the proposed degradation will maintain water quality sufficient to protect existing uses in the receiving waters.

An alternative to degradation is practicable if it is technologically possible, able to be put into practice, and economically viable. Potentially practicable alternatives include, but are not limited to, the following:

(i) Alternatives for discharges include connection to an existing collection system, land application, water reuse, water recycling, or other treatment alternatives to prevent or reduce the level of degradation. For small domestic discharges, connection to an existing system or land application will be considered preferable.

(ii) For water withdrawals, alternatives include water conservation, water reuse or recycling, off-stream impoundments, water harvesting during high flow conditions, regionalization, withdrawing water from a larger waterbody, use of groundwater, connection to another water supply with available capacity, and pricing structures that encourage a reduction in consumption.

(iii) For activities that cause habitat alterations, alternatives that avoid or minimize degradation should be explored and explained by the applicant.

These avoidance or minimization activities could include maintaining or enhancing buffer zones, bridging a stream rather than culverting it, altering the footprint of a project instead of relocating a stream, or using a culvert without a bottom, instead of one that is fully concreted.

To demonstrate that greater than de minimis degradation is necessary to accommodate important social or economic development in the area in which the waters are located, the applicant shall provide a written justification to include, as applicable, a description of the project, the number of jobs anticipated to be created (including salaries/benefits, duration, and type), tax revenue to be generated, impact of the proposed degradation to development potential in the area, other social/cultural impacts, and any other justification. Applicants shall submit alternative or additional information regarding economic or social necessity as directed by the Department. The justification should demonstrate an overall benefit to the local community, not just a benefit to the applicant.

(c) The Department shall propose a permit action by notifying the applicant in writing and by notifying the public and the state and federal agencies with jurisdiction over fish, wildlife, shellfish, plant and wildlife resources, parks, and historic preservation by posting a notice on the Department’s web site and sending email to persons who have asked to be notified of permit actions. In the case of new or expanded habitat alterations or new or increased water withdrawals this public notice shall be a part of the public notice under paragraph (4) of Rule 0400-40-07-.04 and shall contain the information required by, and be governed by the procedures of, that paragraph of the rules. For a new or increased discharge, the public notice shall summarize the information given by the applicant pursuant to subparagraph (b) of this paragraph and shall contain the information required by, and be governed by the procedures of, Rule

Tenn. Comp. R. & Regs. 0400-40-03-.07 GROUND WATER CLASSIFICATION

(1) Purpose and Intent (a) It is one of the primary goals of the Tennessee Water Quality Control Act, T.C.A. §§ 69- 3-101 et seq. (the “Act”) to protect our valuable ground water resource. This rule classifies ground water across the state based on the factors stated in T.C.A. § 69-3- 105(a)(2) of the Act and establishes ground water quality criteria. The quality of ground water varies in Tennessee. Some ground water is sufficient to be used by our citizens directly as a drinking water supply with limited or no treatment. Other ground water would require more extensive treatment before it could be used as a water supply.

Further, some ground water may be of such value as to warrant special protection. The board recognizes that some water below the surface of the ground may be present in a zone of aeration between ground surface and the water table. The zone of aeration is where treatment from household septic systems occurs and water in the zone of aeration is not classified as ground water in these regulations. Perched water above the zone of saturation may, in some areas, be used as a water supply or may migrate to either ground water or surface water and is included in these regulations to protect for its direct use or impact on ground water or surface water. Additionally, some ground water has levels of naturally occurring constituents that make the resource unusable as a drinking water supply.

(b) The board recognizes these rules apply to both permitting activities and response actions that involve water beneath the surface of the ground. The permitting of underground injection is governed by Chapter 0400-45-06.

(c) These rules provide appropriate flexibility in the regulatory process to protect our ground water resource and to allow the productive use of land. Reuse of brownfield areas is encouraged and reduces the use of greenfield areas.

(d) The board recognizes that several divisions within the department have a role in protecting ground water resources. It is not the intent of these rules to change the responsibilities of those programs. It is, however, the intent of these rules to provide a

basis for decisions involving ground water that may be applied by all divisions of the department. The board does not intend these rules to affect in any way the ability of the State to seek natural resource damages from responsible parties when ground water has been contaminated by human activity.

(e) Ground water that enters a stream or other water classified as surface water becomes surface water and is subject to respective criteria applicable to that water. The board expects that the department will use prudent judgment where ground water mixes with water on the surface of the ground.

(2) Definitions (a) “Area of Control” means a volume designated by the commissioner underlying or surrounding a site, including the zone of aeration and the zone of saturation, containing water, some of which the commissioner has determined not to meet applicable criteria.

(b) “Ground Water” means water beneath the surface of the ground within the zone of saturation, whether or not flowing through known and definite channels.

(c) “Perched water” means water that accumulates above an aquitard that limits downward migration where there is an unsaturated interval below it, between the aquitard and the zone of saturation.

(d) “Point of Classification Change” means the boundary of the volume within which ground water is classified as Site Specific Impaired as established under Rule 0400-40- 03-.09.

(e) “Response action” means a clean up, remedial action, remedy, remedial investigation or other action taken by the department to address the presence of contaminants at levels that have been determined by the Department to require an appropriate response.

(f) “Zone of Aeration” means a subsurface zone extending from the water table to the surface of the land.

(g) “Zone of Saturation” means a subsurface zone below the water table in which all of the interconnected voids and pore spaces are filled with water.

(3) Water in the Zone of Aeration Water in the zone of aeration is not defined as ground water in this rule, but it may occur as perched water. This perched water may be above ground water of any of the classifications used in this rule. Perched water is protected under this rule in accordance with its use as follows:

(a) Perched water that is used for drinking water or reasonably anticipated to be used as a drinking water supply shall meet the criteria listed for General Use in paragraph (2) of

Rule 0400-40-03-.08. Other perched water shall not contain constituents, other than of natural origin, that cause or are reasonably likely to cause a violation of criteria of underlying ground water or surface water where the perched water enters those waters.

(b) Except for naturally occurring levels, perched water shall contain no other constituents at levels and conditions that pose an unreasonable risk to public health or the environment.

(c) If perched water, such as in a cave system, is habitat for fish and aquatic life, it shall contain no constituents except for naturally occurring substances at levels and concentrations that violate the criteria of paragraph (3) of Rule 0400-40-03-.03 for fish and aquatic life.

(4) Water below the surface of the ground is classified as follows:

(a) Special Source Waters This is ground water or perched water with exceptional quality or quantity, which may serve as a valuable source for water supply or which is ecologically significant.

When the board finds water to be Special Source Water, then through the rulemaking process, the board will amend these rules to include the specific location and the boundaries of ground water or perched water designated as Special Source Water. To initiate this process, a petition shall address the factors listed below for board consideration. Any cost involved in making the petition shall be borne by the petitioner.

In making this decision, the board may consider the following factors and relevant public input:

The vulnerability of the water in the proposed area to contamination due to hydrogeologic characteristics;
The number of persons or the proportion of the population using the water as a drinking water supply;
Existing water quality in the proposed Special Source Water area;
An evaluation of the ecological and environmental impact should the quality of the Special Source Water be compromised; and 5. Other pertinent information as deemed necessary by the petitioner, department, or board. Because such action is a rulemaking procedure, public input may be made as provided in the Uniform Administrative Procedures Act, T.C.A. §§ 4-5- 201 et seq., but not as a contested case under T.C.A. §§ 4-5-301 et seq.

(b) General Use Ground Water Except for ground water in areas that have been designated as Special Source Water, Site Specific Impaired Ground Water, or meet the definition of Unusable Ground Water, all ground water is designated General Use Ground Water.

(c) Site Specific Impaired Ground Water This is ground water that has been contaminated by human activity and the board finds that either it is not technologically feasible to remediate the ground water to the criteria required by other classifications or it is not reasonable to remediate to that criteria based on information provided in accordance with Rule 0400-40-03-.09. Ground water shall be classified as Site Specific Impaired upon approval of a petition to the Board of Water Quality, Oil and Gas and completion of the rulemaking process to amend these rules to identify the reclassified ground water. When ground water is reclassified to Site Specific Impaired the areal extent of the Site Specific Impaired Ground Water shall be delineated. The boundaries of the Site Specific Impaired Ground Water cannot extend beyond the perimeter and depth investigated with an appropriate safety factor as determined under Rule 0400-40-03-.09. Figures which clearly depict the horizontal and vertical boundaries of the Site Specific Impaired Ground Water must be submitted to the department in the plans/reports required by Rule 0400-40-03-.09.

(d) Unusable Ground Water Ground water in the following areas are classified as Unusable Ground Water:

A “High Dissolved Solids Zone” is an area in which ground water has naturally occurring total dissolved solids of more than 10,000 ppm.
A “Historical Injection Zone” is an area in which the ground water and the injection zone designated to receive fluids and other substances from deep well injection initiated prior to September 1985 and operated under compliance with the Department at the time of injection is no longer subject to injection. The certification as a historical injection zone subclass of Unusable Ground Water does not provide authorization for future injection activities and shall not be construed as Class I zone designation under Chapter 0400-45-06, Underground Injection Control. The zone may be subsequently considered for Class I zone designation under that Chapter provided it meets the criteria based on naturally occurring conditions and not from changes as a result of the previously injected fluids.
A “Class I Injection Zone” is an area in which ground water has been demonstrated by a permit applicant as a part of a Class I operation under

Chapter 0400-45-06, Underground Injection Control, to be suitable for Class I injection.

A “Class II or III Injection Zone” is an area in which ground water is mineral, hydrocarbon or geothermal energy producing, or has been demonstrated by a permit applicant as a part of a permit application for a Class II or III operation under Chapter 0400-45-06 Underground Injection Control to contain minerals or hydrocarbons that, considering their quality and location, are expected to be commercially producible. The designation as Class II or III injection zone subclass of Unusable Ground Water shall not be construed as a Class I zone designation under Chapter 0400-45-06, Underground Injection Control.
An “Acid Production Zone from Mining Activities” is an area in which ground water occurs within an excavated area where reaction with naturally occurring minerals generates acid rock drainage or acid mine drainage. An excavated area may be a surface or underground mined area as well as a subsidence area whether or not the mined area is backfilled. Ground water beyond the excavated area is classified as described elsewhere in this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03.

Tenn. Comp. R. & Regs. 0400-40-05-.06 . Public notices should also include the Department’s preliminary determination of the level of degradation and the antidegradation category of the affected waters.

(d) After completion of the public notice and comment period, the Department shall make a final determination of the level of degradation that would occur as a result of the proposed activity. Not all activities cause an addition of pollutants, diminish flows, or impact habitat.

In the case of new or increased discharges, if the Department determines that no measurable degradation will occur as a result of the activity, no further review under this rule is required regardless of the antidegradation classification of the receiving stream, unless the activity:

(i) Is a new domestic wastewater discharge;

(ii) Introduces a parameter identified as bioaccumulative;

(iii) Introduces a parameter with a criterion below the current method detection level for that substance; or (iv) Is proposed to occur in an ONRW.

In the case of new or increased water withdrawals requiring permits from waters other than ONRWs, if the Department determines that no measurable degradation will occur, no further review under this rule is required regardless of the antidegradation classification of the receiving stream.
In the case of new or expanded habitat alterations, if the Department determines that no more than de minimis degradation will occur, no further review under the

rule is required regardless of the antidegradation classification of the receiving stream.

(e) If the steps described in subparagraphs (b), (c) and (d) of this paragraph do not conclude the review under this rule, the Department shall make a final determination whether the waters impacted by the activity are ones with available parameters, unavailable parameters, Exceptional Tennessee Waters, or ONRWs, or if they are in more than one category. For example, a stream segment may be unavailable for one parameter and be available for others and Exceptional Tennessee Waters may also be unavailable for certain parameters. If an activity is proposed in a waterbody that is in more than one category, it must meet all of the applicable requirements.

(2) Waters with unavailable parameters.

Unavailable parameters exist where water quality is at, or fails to meet, the levels specified in water quality criteria in Rule 0400-40-03-.03, even if caused by natural conditions. In the case of a criterion that is a single response variable or is derived from measurement of multiple response variables, the unavailable parameters shall be the agents causing water quality to be at or failing to meet the levels specified in criteria. For example, if the biological integrity criterion (derived from multiple response variables) is violated, the unavailable parameters shall be the pollutants causing the violation, not the response variables.

(a) In waters with unavailable parameters, new or increased discharges that would cause measurable degradation of the parameter that is unavailable shall not be authorized.

Nor will discharges be authorized in such waters if they cause additional loadings of unavailable parameters that are bioaccumulative or that have criteria below current method detection levels.

(b) In waters with unavailable parameters, no new or increased water withdrawals that will cause additional measurable degradation of the unavailable parameter shall be authorized.

(c) Where one or more of the parameters comprising the habitat criterion are unavailable, new or expanded habitat alterations that cause significant degradation shall not be authorized.

(3) Waters with available parameters.

Available parameters exist where water quality is better than the levels specified in water quality criteria in Rule 0400-40-03-.03.

(a) In waters with available parameters, new or increased discharges that would cause degradation above the level of de minimis for any available parameter for any criterion, or a new domestic wastewater discharge, will only be authorized if the applicant has demonstrated to the Department that there are no practicable alternatives to prevent or lessen degradation associated with the proposed activity and the degradation is necessary to accommodate important economic or social development in the area in which the waters are located and the degradation will not violate the water quality criteria for uses existing in the receiving waters. If one or more practicable alternatives is identified, the Department shall only find that a lowering is necessary if those alternative(s) are selected for implementation.

(b) In waters with available parameters, new or increased water withdrawals that would cause degradation above the level of de minimis will only be authorized if the applicant has demonstrated to the Department that there are no practicable alternatives to prevent or lessen degradation associated with the proposed activity and the degradation is necessary to accommodate important economic or social development in the area in which the waters are located and will not violate the water quality criteria for uses existing in the receiving waters. If one or more practicable alternatives is identified, the Department shall only find that a lowering is necessary if those alternative(s) are selected for implementation.

(c) In waters with available parameters, a new or expanded activity that would cause degradation of habitat above the level of de minimis will only be authorized if the applicant has demonstrated to the Department that there are no practicable alternatives to prevent or lessen degradation associated with the proposed activity and the degradation is necessary to accommodate important economic or social development in the area in which the waters are located and will not violate the water quality criteria for uses existing in the receiving waters. If one or more practicable alternatives is identified, the Department shall only find that a lowering is necessary if those alternative(s) are selected for implementation.

(4) Exceptional Tennessee Waters.

(a) Exceptional Tennessee Waters are surface waters other than wet weather conveyances that are in any one of the following categories:

Waters within state or national parks, wildlife refuges, forests, wilderness areas, or natural areas;
State scenic rivers or federal Wild and Scenic Rivers;
Federally-designated critical habitat or other waters with documented nonexperimental populations of State or federally-listed threatened or endangered aquatic or semi-aquatic plants or animals;
Waters within areas designated as Lands Unsuitable for Mining pursuant to the federal Surface Mining Control and Reclamation Act where such designation is based in whole or in part on impacts to water resource values;
Waters with naturally reproducing trout;
Waters with exceptional biological diversity as evidenced by a score of 40 or 42 on the Tennessee Macroinvertebrate Index using protocols found in the Department’s 2021 Quality System Standard Operating Procedure for Macroinvertebrate Stream Surveys, provided that the sample is considered representative of overall stream conditions; or 7. Other waters with outstanding ecological, or recreational value as determined by the Department. When application of this provision is a result of a request for a permit, such preliminary determination is to be made within 30 days of receipt of a complete permit application.

(b) The Department will maintain a list of waterbodies that have been reviewed and are known to have one or more of the above characteristics on its website and will make paper copies of that list available upon request.

In waters identified as Exceptional Tennessee Waters new or increased discharges that would cause degradation of any available parameter above the level of de minimis and new domestic wastewater discharges will only be authorized if the applicant has demonstrated to the Department that there are no practicable alternatives to prevent or lessen degradation associated with the proposed activity, the degradation is necessary to accommodate important economic or social development in the area in which the waters are located, and the discharge will not violate the water quality criteria for uses existing in the receiving waters. If one or more practicable alternatives is identified, the Department shall only find that a lowering is necessary if those alternative(s) are selected for implementation. At the time of permit renewal, previously authorized discharges, including upstream discharges, which presently degrade Exceptional Tennessee Waters above a de minimis level, will be subject to a review of updated analysis of alternatives information provided by the applicant, but not to a determination of economic/social necessity. Public participation for these existing discharges will be provided in conjunction with permitting activities.
In waters identified as Exceptional Tennessee Waters, new or increased water withdrawals that would cause degradation of any available parameter above the level of de minimis will only be authorized if the applicant has demonstrated to the Department that there are no practicable alternatives to prevent or lessen degradation associated with the proposed activity and the degradation is necessary to accommodate important economic or social development in the area in which the waters are located and will not violate the water quality criteria for uses existing in the receiving waters. If one or more practicable alternatives is identified, the Department shall only find that a lowering is necessary if those alternative(s) are selected for implementation.
In waters identified as Exceptional Tennessee Waters, a new or expanded activity that would cause degradation of habitat above the level of de minimis will only be authorized if the applicant has demonstrated to the Department that there are no practicable alternatives to prevent or lessen degradation associated with the proposed activity, and the degradation is necessary to accommodate important economic or social development in the area in which the waters are located and will not violate the water quality criteria for uses existing in the receiving waters. If one or more practicable alternatives is identified, the Department shall only find that a lowering is necessary if those alternative(s) are selected for implementation.

(d) Determination of Economic/Social Necessity - The Department’s determination that degradation above a de minimis level of Exceptional Tennessee Waters resulting from a proposed new or increased discharge, new or expanded habitat alteration, or new or increased water withdrawal is, or is not, necessary to accommodate important economic or social development in the area in which the waters are located shall be subject to review by the Board of Water Quality, Oil, and Gas under the following procedures.

If the Department determines after completion of the public notice and comment procedures established in subparagraph (1)(c) of this rule that an activity that would cause degradation above a de minimis level of Exceptional Tennessee Waters is necessary to accommodate important economic or social development in the area in which the waters are located, it shall give notice to the applicant, the public, and federal and State agencies with jurisdiction over fish, wildlife, shellfish, plant and wildlife resources, parks, and advisory councils for historic preservation. This notice shall be given by being posted on the Department’s website and by sending email to persons who have asked to be notified of permit actions. Within 30 days after the date of the notification, any affected intergovernmental coordination agency or affected third person may petition the Board for a declaratory order under T.C.A. § 4-5-223, and the Board shall convene a contested case. After the Board has convened a contested case in response to a declaratory order petition under this part, the Department shall within five business days thereafter transmit the petition to the Administrative Procedures Division of the Secretary of State so the contested case may be docketed and an administrative law judge may be assigned to the case. If a declaratory order petition is timely filed, the Department shall not proceed further in processing the permit application until the petition has been resolved before the Board. In the contested case, the petitioner shall have the burden of proof, and the Department’s determination shall carry no presumption of correctness before the Board. The applicant is a necessary party to the declaratory order contested case, and if the applicant does not participate in the contested case, the Board shall render a decision that degradation is not necessary to accommodate important economic or social development in the area in which the waters are located. If no intergovernmental coordination agency or third person petitions for a declaratory order within 30 days of the notification date, or if one is filed after the 30 days expires, then the Department shall proceed with processing the permit application.
A declaratory order contested case conducted under this subparagraph shall be subject to the following procedures. Mediation may occur if all the parties agree.

Any proposed agreed order resulting from mediation shall be subject to approval by the Board. In order to provide for an expedited proceeding, the contested case is subject to the following time limitations. The time periods specified in this

part shall commence on the day after the contested case has been docketed by the Administrative Procedures Division of the Secretary of State and an administrative law judge has been assigned to the case. Any alteration of the time periods set out in this part shall be granted only upon agreement of all the parties, or when there have been unforeseen developments that would cause substantial prejudice to a party, or when the parties have agreed to mediation.

Within 20 days, the parties shall confer to try and develop a proposed agreed scheduling order. If the parties are unable to agree, then each party shall submit a proposed scheduling order, and the administrative law judge, after a hearing, shall enter a scheduling order. All discovery shall be completed no later than 20 days prior to the date the hearing before the Board is to begin. Within 120 days, the hearing before the Board shall begin, but the Board on its own initiative may exceed 120 days to complete the hearing and render its final decision. In order for degradation of Exceptional Tennessee Waters to proceed pursuant to these rules, the Board must make a finding approving degradation by a majority vote of the members of the Board present and voting.

If the Department determines that degradation is not necessary to accommodate important economic or social development in the area in which the waters are located, it will notify the applicant, the federal and state agencies with jurisdiction over fish, wildlife, shellfish, plant and wildlife resources, parks, and advisory councils for historic preservation, and third persons who have asked to be notified of permit actions. The Department also will issue a tentative decision to deny the permit because degradation is not necessary. In accordance with paragraph (4) of this rule, the Department will provide the public with notice of and an opportunity to comment on its tentative denial decision. If no public hearing is requested within the 30-day public comment period, and if the Department does not alter its tentative decision to deny, the Department shall notify the applicant of its final decision to deny the permit because degradation is not necessary. Within 30 days after receiving notice of the final decision to deny the permit, the applicant may seek review of the decision that the degradation is not necessary to accommodate important economic or social development in the area in which the waters are located in a contested case before the Board in accordance with T.C.A. § 69-3-105(i). Within five business days after the Department receives an applicant’s written request for a contested case hearing before the Board, the Department shall transmit the written request to the Administrative Procedures Division of the Secretary of State so the contested case may be docketed and an administrative law judge may be assigned to the case. In the contested case, the applicant shall have the burden of proof, and the Department’s determination shall carry no presumption of correctness before the Board. The federal and state intergovernmental coordination agencies, and third persons who requested notification of the Department’s degradation determination will be notified by the Department of the applicant’s permit appeal.

The intergovernmental coordination agencies and third persons may seek to intervene in the contested case in accordance with T.C.A. § 4-5-310.

(5) Outstanding National Resource Waters.

(a) The following streams or portions of streams are designated as ONRW:

WATERBODY PORTION DESIGNATED AS ONRW

Little River Portion within Great Smoky Mountains National Park.
Abrams Creek Portion within Great Smoky Mountains National Park.
West Prong Little Portion within Great Smoky Mountains National Park Pigeon River upstream of Gatlinburg 4. Little Pigeon River From the headwaters within Great Smoky Mountains National Park downstream to the confluence of Mill Branch.
Big South Fork Portion within Big South Fork National Cumberland River River and Recreation Area.
Reelfoot Lake Tennessee portion of the lake and its associated wetlands.
Obed River The portion that is designated as a federal wild and scenic river as of June 22, 1999, is designated as ONRW, provided however, that if the current search for a regional water supply by the Cumberland Plateau Regional Water Authority results in a determination that it is necessary to utilize the Obed River as its source of drinking water, for that purpose the Obed shall be designated as an Exceptional Tennessee Water and any permit issued for that project, whether state, federal, or otherwise, shall be considered under the requirements for Exceptional Tennessee Waters.

(b) The Department may recommend to the Board of Water Quality, Oil, and Gas that certain waterbodies be designated as ONRWs. These shall be high quality waters which constitute an outstanding national resource, such as waters of National and State parks and wildlife refuges and waters of exceptional recreational or ecological significance. Designation of ONRWs must be made by the Board of Water Quality, Oil, and Gas and will be accomplished in accordance with T.C.A. § 69-3-105(a)(1) of the Tennessee Water Quality Control Act and through the appropriate rulemaking process.

In surface waters designated by the Board of Water Quality, Oil, and Gas as ONRWs, no new discharges, expansions of existing discharges, water withdrawals or mixing zones will be permitted unless such activity will not result in either measurable degradation or discernible effect. At the time of permit renewal, previously authorized discharges, including upstream discharges and withdrawals, which presently degrade an ONRW, will be subject to an analysis of alternatives. Public participation for these existing discharges will be provided in conjunction with permitting activities.
In waters designated by the Board of Water Quality, Oil, and Gas as ONRWs, no new or expanded habitat alteration that would cause degradation of habitat above the level of de minimis or degrade water chemistry for more than a short duration will be authorized.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-03-.08 CRITERIA

The water quality criteria for the different classes are as follows:

(1) Special Source Water The board will consider the special protection needs of any water identified as Special Source Water and promulgate criteria at the time of designation.

(2) General Use Ground Water Except for naturally occurring levels, General Use Ground Water:

(a) Shall not contain constituents that exceed those levels specified in subparagraphs (1)(j) and (k) of Rule 0400-40-03-.03; and (b) Shall contain no other constituents at levels and conditions which pose an unreasonable risk to the public health or the environment.

(3) Site Specific Impaired Ground Water Except for naturally occurring levels, Site Specific Impaired Ground Water:

(a) Shall contain no substances, whether alone or in combination with other substances , that are toxic, carcinogenic, mutagenic or teratogenic, other than those of natural origin, at levels and conditions which pose an unreasonable risk to public health or the environment;

(b) Shall contain no other constituents at levels and conditions which pose an unreasonable risk to the public health or the environment;

(c) Shall contain no constituents at levels that will prevent ground waters beyond the point of classification change from meeting the classification and criteria for those waters; and (d) Other criteria established by the board as appropriate to the site.

(4) Unusable Ground Water Except for naturally occurring levels, Unusable Ground Water:

(a) Shall contain no substances, whether alone or in combination with other substances, that are toxic, carcinogenic, mutagenic or teratogenic, other than those of natural origin, at levels and conditions which pose an unreasonable risk to the public health;

(b) Shall contain no other constituents at levels and conditions which pose an unreasonable risk to the public health;

(c) Shall not discharge to surface water causing a violation of surface water quality criteria or biological integrity; and (d) Naturally occurring levels as used in subparagraph (a) of this paragraph shall include the natural minerals, mining wastes, and the reaction products of oxidation and reduction associated with these materials in Unusable Ground Water in an Acid Production Zone from Mining Activities. These substances shall not pose an unreasonable public health or safety risk to the public. Physical barriers and institutional controls satisfy that requirement.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03.

Tenn. Comp. R. & Regs. 0400-40-03-.09 SITE SPECIFIC IMPAIRED CLASSIFICATION PETITION PROCESS

(1) Any person who encounters ground water that may meet the requirements for Site Specific Impaired, may petition the board to adopt a rule reclassifying that ground water as Site Specific Impaired, using the process set forth in this rule. Any costs involved in making the petition shall be borne by the petitioner. The petition shall include the following, unless it is determined by the department in writing that the site conditions render any of them unnecessary:

(a) An assessment of the horizontal and vertical extent of the contamination;

(b) An evaluation of the hydrogeology of the area including but not limited to the ground water flow rate and direction, permeability, recharge area, ground water classification and location of local water wells, springs and seeps;

(c) An evaluation of the area geology including, but not limited to, soil type, soil permeability, soil porosity, depth to bedrock, and identification of geologic formations;

(d) A description of the corrective actions or response actions taken or proposed;

(e) The chemical characteristics of the constituents(s) including, but not limited to, the constituent’s solubility, mobility, toxicity, and carcinogenicity, the nature of and the level of constituents to remain or be present in the ground water and the calculations and rationale used in the determination;

(f) A feasibility study, which evaluates clean-up alternatives, the cost, and the time to complete each alternative;

(g) An evaluation of current and reasonably anticipated future ground water use within the proposed site specific impaired area and within a one-half (½) mile radius of the proposed Site Specific Impaired area; the impact of conduit flow shall be evaluated in karst areas;

(h) An evaluation of current and reasonably anticipated future land uses within the proposed Site Specific Impaired area and within a one-half (½) mile radius of the proposed Site Specific Impaired area;

(i) An evaluation of the potential of the constituent to migrate through soil and ground water to:

Homes;
Buildings;
Surface waters;
Subsurface utilities; and 5. Adjacent properties.

(j) A description of any existing or proposed monitoring program to observe constituent levels in soil and ground water;

(k) Evaluation of the existing or anticipated actual exposure pathways (inhalation, ingestion, dermal contact, etc.) of the constituents and an assessment of the human health risks presented by exposure to the constituents as well as the impact, if any, of the constituents on fish and aquatic life pursuant to this Chapter;

(l) Consideration of the classification in Rule 0400-40-03-.07 that would apply to the ground water at the site if it were not contaminated;

(m) Analysis of the benefits of the restored resource;

(n) A description of how and when the contamination occurred, if known;

(o) A plat map with the proposed site-specific ground water area superimposed on it that shows all property owners for properties included in the Site Specific Impaired classification with contact information for owners of each property and identification and contact information for the parties paying property taxes on each property in the proposed Site Specific Impaired classification area; and (p) Other items as requested by the department associated with the evaluation of the petition.

(2) Because Site Specific Impaired classification is a rulemaking procedure, public input may be made as provided in the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-201 et seq., but not as a contested case under T.C.A. §§ 4-5-301 et seq. In addition to the requirements for public input under the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-201 et seq., the petitioner shall, at a minimum, notify the party of record paying property taxes for each property subject to the Site Specific Impaired classification of the petition and the process for submitting comments on said petition. The petitioner shall provide a copy of such notification to the department.

(3) In the evaluation of a petition to classify ground water as Site Specific Impaired, the board may consider the following:

(a) The extent of any threat to human health or safety;

(b) The extent of damage to the environment;

(d) A comparison of the environmental and economic costs and benefits to be derived from ground water quality restoration with the environmental and economic costs and benefits to be derived from classification as Site Specific Impaired;

(e) Analysis of the restored resource;

(f) The point of classification change;

(g) Contaminant or pollution source identification and cleanup;

(h) Public comments; and (i) Other appropriate information presented in the petition.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03.

Tenn. Comp. R. & Regs. 0400-40-03-.10 REMEDIATION OF GROUND WATER OR PERCHED WATER

(1) When a release or other event occurs that causes subsurface water to not meet the criteria in these rules, the commissioner has authority under a number of statutes to cause remediation of the water. These statutes include the Solid Waste Disposal Control Act, T.C.A. §§ 68-211- 101 et seq., the Hazardous Waste Management Act, parts 1 and 2, T.C.A. §§ 68-212-101 et seq., and §§ 68-212-201 et seq., the Petroleum Underground Storage Tank Act, T.C.A. §§ 68-215-101 et seq., and the Drycleaner Environmental Response Act, T.C.A. §§ 68-217-101 et seq. The goals of all such remediation actions are:

(a) To return waters to meeting standards when practicable by such methods as source removal, bioremediation, pump and treat, and natural attenuation; and (b) To protect the public from exposure to water that does not meet standards through such methods as physical and institutional controls.

(2) In order to accomplish these goals the Commissioner may establish an Area of Control when contamination has caused water to exceed the standards in these rules. In establishing an Area of Control, the Commissioner shall use the authorities of the remediation statutes and rules to;

(a) Describe the extent of an Area of Control; and (b) Protect the public from exposure to the water in the Area of Control.

Where the Commissioner identifies the source of pollution or water of sufficient contamination as to warrant contaminant mass reduction, he may further prescribe the actions to be taken to reduce the levels of contamination within the Area of Control.

(3) The Commissioner may establish such an Area of Control for water contaminated by human activity prior to November 19, 1980 if there are no liable parties as defined in T.C.A. § 68- 212-202(3)(B), (C), or (D) and the current property owner did not cause the water contamination. This could be done in conjunction with imposing land use restrictions to protect the public from any harm caused by the site whether or not the department expends funds to remediate the site. In establishing such an Area of Control, the Commissioner may use the authorities of the remediation statutes and rules to:

(a) Describe the extent of an Area of Control;

(b) Prescribe the actions to be taken to reduce the levels of contamination within the Area of control; and (c) Protect the public from exposure to the water in the Area of Control.

(4) Any current or future “alternate concentration limit” or “ground water protection standard” established within a Tennessee Hazardous Waste Management enforceable document in accordance with Rule 0400-12-01-.06 identifies an Area of Control in accordance with this

rule. Compliance with the enforceable document constitutes compliance with the remediation actions identified in paragraph (1) of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03.

Tenn. Comp. R. & Regs. 0400-40-03-.11 CLASSIFIED SITE SPECIFIC IMPAIRED GROUND WATER AND RESPECTIVE

CRITERIA.

The following ground water is classified as site specific impaired ground water with the respective criteria:

(1) Porter Cable (a) Description of the site The area of ground water classified is the ground water within the boundaries of the Porter Cable/Rockwell facility that is within the rectangle with the following boundary points to a depth equivalent to 250 feet mean sea level.

Northwest boundary point...35°44’27.5”N, 88°51’19.8”W Northeast boundary point ...35°44’27.5”N, 88°51’05.7”W Southwest boundary point...35°44’13.8”N, 88°51’19.8”W Southeast boundary point....35°44’13.8”N, 88°51’05.7”W A solvent plume under the western edge of the building is moving very slowly to the north-northwest. Since the plant began operation in the mid-1970’s, the plume has migrated approximately 400 feet, with the property boundary another 1500 feet down gradient. Sampling has shown that the plume is degrading to a certain extent by natural and biologic processes, and this process can be enhanced with the addition of nutrients to fuel the biologic activity in the contaminated zone.

(b) Criteria Nutrient addition is allowed to promote enhanced natural attenuation of the plume in accordance with the remediation remedy being used at the site. Deed restrictions will insure the site will not be used as residential and that ground water will not be used for potable purposes. The point of classification change is totally within the boundaries of the Porter-Cable facility. The plume shall not cross the point of classification change at levels exceeding general use criteria.

(2) Isabella Mine Pit (a) Description of the site The area of ground water classified is the ground water in mined areas of the former Isabella/Eureka Mine, the connected Isabella pit, ground water between the Isabella pit and North Potato Creek, and an approximate 500 foot buffer around the mined areas.

This ground water classification applies to part of the land that was previously abandoned by the bankruptcy court and is now either under control of a courtappointed receiver or trustee for the Irrevocable Trust of the Tennessee Chemical company (receiver or trustee). If the 500 foot buffer boundary would extend beyond a property line, then the property line shall be the point of classification change. The depth of ground water classification is from ground surface to 1400 feet. The mined areas are delineated as shown on the former mining company’s mine maps. The point of classification change for this area is the outer boundary of the area classified as described above and a depth of 1400 feet.

There is a bulkhead or plug between the Isabella/Eureka Mine and the Burra Burra Mine and this Site Specific Impaired classification includes the drift between the Isabella and Burra Burra Mines on the Isabella side of the drift plug but does not apply to water in the Burra Burra Mine. The drift does not require a 500-foot wide buffer zone.

(b) Criteria The Site Specific Impaired Ground Water criteria for the water in the Isabella pit, associated Isabella/Eureka mine workings, and ground water between the Isabella pit and North Potato Creek shall be:

Any concentration of inorganic constituents or elements associated with acid mine drainage and any pH or other physical standard associated with acid mine drainage;
Any concentration of inorganic constituents or elements associated with approved backfilling or addition of ore, waste rock, calcine, concentrate, granulated slag, tailings, or other acid-generating materials from historic mining and ore beneficiation processes in the Copper Basin;
Criteria for other constituents are those required for General Use Ground Water as of November 3, 2004;
The continued use of institutional controls to avoid the potential for human contact with this ground water; and 5. Institute a monitoring program, acceptable to TDEC, that monitors the water level in the pit and is sufficient to assure protection of human health and the environment.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03.

Tenn. Comp. R. & Regs. 0400-40-03-.12 REPORTING REQUIREMENT

(1) The Board acknowledges that the General Assembly has given it the authority to promulgate rules for the prevention, control, and abatement of pollution in T.C.A. § 69-3-105(b). The board finds a necessary first step toward controlling and abating pollution is becoming aware of the situation. This is especially needed in the case of ground water, as it is not in plain view as surface water often is. Furthermore, once the department has documents relating to an instance of pollution, they are generally going to be open to the public. Making the public aware of pollution both increases the likelihood that the pollution will be abated and that the public will be able to take appropriate action to reduce harmful exposure. These findings, in addition to the provision of T.C.A. § 69-3-114(b) making it unlawful to refuse to furnish any information required by the Board, are the basis for the requirement stated in paragraph (2) of this rule.

(2) Owners or prospective purchasers of property used for commercial or industrial purposes who test the ground water or perched water on the property shall notify the Commissioner of any contamination of such water if it is currently used as potable water and it exceeds general use criteria or if an environmental professional engaged by such owner or prospective purchaser reasonably concludes that it poses some other substantial risk to health or safety, including but not limited to, situations in which vapors released from the water are causing an explosion hazard or a current inhalation hazard with a hazard quotient of greater than 1 or a cancer risk of greater than 1 x 10 -6 .

(3) Routine sampling and reporting of ground water or perched water data required by an agency of the Department as part of a regulatory program obligation shall constitute reporting for the purposes of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-03.

Chapter 0400-40-04 Use Classifications for Surface Waters (Transferred from 1200-04-04 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-04-.01 MEMPHIS AREA BASIN

STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

Mississippi RiverMississippi-Tennessee State Line (Mile 714.0)XXXXXX to Upstream End of Loosahatchie Bar (Mile 741.0)

McKellar LakeMouth on Mississippi R. to OriginXXXX Nonconnah CreekMile 0.0 to OriginXXXX Wolf RiverMile 0.0 to 6.7 (L & N Railroad Bridge)XXXX Cypress CreekMile 0.0 to OriginXXXX Wolf RiverMile 6.7 to Miss.-TN State Line (Mile 77.0)XXXXXX Loosahatchie RiverMile 0.0. to 20.9 (Austin Peay Hwy Bridge)XXXX Big CreekMile 0.0 to OriginXXXX North Fork CreekMile 0.0 to OriginXXXX Crooked CreekMile 0.0 to OriginXXXX Trib. to Mile 3.0 of Crooked CreekMile 0.0 to OriginXXXX Loosahatchie RiverMile 20.9 (Austin Peay Hwy) to 30.7XXXX Clear Creek CanalMile 0.0 to Origin at Mile 2.6 (Confluence of Hall Creek and Cypress Creek Canal)XXXX Cypress Creek CanalMile 0.0 to OriginXXXX Loosahatchie RiverMile 30.7 to 45.5XXXX Middle Beaver CreekMile 0.0 to OriginXXXX West Beaver CreekMile 0.0 to OriginXXXX East Beaver CreekMile 0.0 to OriginXXXX Little Cypress Creek CanalMile 0.0 to OriginXXXX Loosahatchie RiverMile 45.5 to 50.2XXXX Davis CreekMile 0.0 to OriginXXXX Town BranchMile 0.0 to OriginXXXX Loosahatchie RiverMile 50.2 to OriginXXXX STREAMDESCRIPTIONDOMIW SFALREC LWWIRRNAVTSNRTS All other surface waters named and unnamed in the Memphis Area Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024. (This space intentionally left blank)

Tenn. Comp. R. & Regs. 0400-40-04-.02 HATCHIE RIVER BASIN

STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

Mississippi RiverMile 741.0 to 820.0XXXXXXX Hatchie RiverMile 0.0 to Mile 129.0XXXXXX Town CreekMile 0.0 to OriginXXXX Cane CreekMile 0.0 to OriginXXXX Alston CreekMile 0.0 to OriginXXXX Big Muddy CanalMile 0.0 to OriginXXXX Unnamed Trib. to Mile 3.1 of Big Muddy Mile 0.0 to OriginXXXX Canal Sugar CreekMile 0.0 to OriginXXXX Mill CreekMile 2.0 to OriginXXXX Pugh Creek SouthMile 0.0 to OriginXXXX Mill CreekMile 2.0 to OriginXXXX Hatchie RiverMile 129.0 to Mile 131.0XXXXX Hatchie RiverMile 131.0 to Miss-Tenn State Line (Mile 188.5)XXXXXX Spring CreekMile 0.0 to OriginXXXX Cypress CreekMile 0.0 to OriginXXXX Tuscumbia RiverMile 0.0 to Miss-Tenn State Line (Mile 10.5)XXXXX Cypress CreekMile 0.0 to 14.2XXXX Cypress CreekMile 14.2 to 15.2XXXX Cypress CreekMile 15.2 to OriginXXXX All other surface waters named and unnamed in the Hatchie Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.03 OBION-FORKED DEER BASIN

STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

Mississippi RiverMile 820.0 to Mile 905.0 (Kentucky State Line)XXXXXXX Obion RiverMile 0.0 to Confluence of North andXXXX South Fork Obion River (Mile 71.8)XXXX Running Reelfoot BayouMile 0.0 to Reelfoot Lake SpillwayXXXX Reelfoot LakeEntiretyXXXX Biffle CreekMile 0.0 to OriginXXXX Reeds CreekMile 0.0 to OriginXXXX Cool Springs BranchMile 0.0 to OriginXXXX North Fork Obion RiverMile 0.0 to OriginXXXX Hoosier CreekMile 0.0 to OriginXXXX First CreekMile 0.0 to OriginXXXX Grove CreekMile 0.0 to OriginXXXX Harris Fork CreekMile 0.0 to Kentucky-Tennessee State LineXXXX Walnut Fork CreekMile 0.0 to OriginXXXX Trib. to Mile 3.8 of Walnut Fork CreekMile 0.0 to OriginXXXX South Fork Obion RiverMile 0.0 to 38.9 (Formed at Confluence of Beaver XXXX Creek and Crooked Creek)

Mud CreekMile 0.0 to OriginXXXX Cane CreekMile 0.0 to OriginXXXX Trib. to Mile 9.8 of Cane CreekMile 0.0 to OriginXXXX Trib. to Mile 11.0 of Cane CreekMile 0.0 to OriginXXXX Brassfield CreekMile 0.0 to OriginXXXX Trib. to Mile 0.5 of Brassfield CreekMile 0.0 to OriginXXXX Rutherford ForkMile 0.0 to OriginXXXX Carroll CreekMile 0.0 to OriginXXXX Wolf CreekMile 0.0 to OriginXXXX E. Fork Wolf CreekMile 0.0 to OriginXXXX Trib. to Mile 27.7 of Rutherford ForkMile 0.0 to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Middle Fork Obion RiverMile 0.0 to OriginXXXX Buckor DitchMile 0.0 to OriginXXXX Spring CreekMile 0.0 to OriginXXXX Pritchett BranchMile 0.0 to OriginXXXX Bradford CreekMile 0.0 to OriginXXXX Reedy CreekMile 0.0 to OriginXXXX Lick CreekMile 0.0 to OriginXXXX Clear CreekMile 0.0 to OriginXXXX Beaver CreekMile 0.0 to OriginXXXXX Crooked CreekMile 0.0 to OriginXXXXX Guins CreekMile 0.0 to OriginXXXXX Trib. to Mile 9.7 of Guins CreekMile 0.0 to OriginXXXX Forked Deer RiverMouth at Obion River Mile 3.3 to Mile 20.3 at Confluence of North and South ForkXXXXX South Fork Forked DeerMile 0.0 to 48.8XXXXX Nixon CreekMile 0.0 to OriginXXXX Little Nixon CreekMile 0.0 to OriginXXXX Old Channel Forked Deer- Trib. at Mile 35.8Mile 0.0 to OriginXXXX South Fork Forked Deer RiverMile 48.8 to 70.3XXXXX North Fork of South Fork Forked Deer RiverMile 0.0 to OriginXXXX Johnson CreekMile 0.0 to OriginXXXX Anderson BranchMile 0.0 to OriginXXXX Turkey CreekMile 0.0 to 1.2XXXX Trib. to Mile 1.0 of Turkey CreekMile 0.0 to OriginXXXX Turkey CreekMile 1.2 to OriginXXXX South Fork Forked Deer RiverMile 70.3 to OriginXXXX Sugar CreekMile 0.0 to OriginXXXX North Fork Forked Deer RiverMile 0.0 to 5.8XXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS North Fork Forked Deer RiverMile 5.8 to 33.9XXXX Middle Fork Forked Deer RiverMile 0.0 to OriginXXXX Mosquito CreekMile 0.0 to OriginXXXX Moize CreekMile 0.0 to OriginXXXX Dyer CreekMile 0.0 to OriginXXXX North Mud CreekMile 0.0 to OriginXXXX Cow CreekMile 0.0 to OriginXXXX Sand CreekMile 0.0 to OriginXXXX North Fork Forked Deer RiverMile 33.9 to OriginXXXX Trib. to Mile 857.5 of Mississippi RiverMile 0.0 to OriginXXXX Harris DitchMile 0.0 to OriginXXXX All other surface waters named and unnamed in the Obion- Forked Deer Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.04 TENNESSEE RIVER BASIN - WESTERN VALLEY

STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

Tennessee RiverMile 49.1 (Tenn-Ky Line) to 215.1 (Tn-Miss Line)XXXXXXX Big Sandy RiverMile 0.0 to 15.1XXXXXX Big Sandy RiverMile 15.1 to OriginXXXXX West Sandy CreekMile 0.0 to OriginXXXX Holly Fork CreekMile 0.0 to OriginXXXX Bailey Fork CreekMile 0.0 to OriginXXXX Town CreekMile 0.0 to OriginXXXX Big Beaver CreekMile 0.0 to OriginXXXX Little Beaver CreekMile 0.0 to OriginXXXX Little Beaver CreekMile 0.0 to OriginXXXX Hurricane CreekMile 0.0 to OriginXXXXX S. Fk Hurricane CrMile 0.0 to OriginXXXX Beaverdam CreekFirst bridge above mouth to origin.XXXXX Cane CreekMile 0.0 to OriginXXXX Trace CreekMile 0.0 to OriginXXXX Cypress CreekMile 0.0 to OriginXXXX Cane CreekMile 0.0 to OriginXXXX North Indian CreekMile 0.0 to OriginXXXX Birdsong CreekMile 0.0 to OriginXXXX Wolf CreekMile 0.0 to OriginXXXX Eagle CreekMile 0.0 to OriginXXXX Morgan CreekMile 0.0 to OriginXXXX Beech RiverMile 0.0 to 7.2XXXXXXX Beech RiverMile 7.2 to 27.4XXXXXX Beech RiverMile 27.4 to 30.4XXXXX Beech RiverMile 30.4 to OriginXXXXXX Rushing CreekMile 0.0 to OriginXXXX Harmon CreekMile 0.0 to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Bear CreekMile 0.0 to OriginXXXX Wolf CreekMile 0.0 to OriginXXXX Doe CreekMile 0.0 to OriginXXXX East Prong Doe CreekMile 0.0 to OriginXXXX White Oak CreekMile 0.0 to OriginXXXX Little Hurricane CreekMile 0.0 to OriginXXXX Horse CreekMile 0.0 to OriginXXXX Beason CreekMile 0.0 to OriginXXXX South Fork Beason CreekMile 0.0 to OriginXXXX Dollar CreekMile 0.0 to OriginXXXX Beech CreekMile 0.0 to OriginXXXX Leatherwood CreekFirst bridge to originXXXXX E. Fork Leatherwood CrMile 0.0 to second tributaryXXXXX N. Fork Leatherwood CrMile 0.0 to second tributaryXXXXX Town BranchMile 0.0 to OriginXXXX Chambers CreekMile 0.0 to OriginXXXX All other surface waters named and unnamed in the Western Valley Tennessee River Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.05 DUCK RIVER BASIN

STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

Duck RiverMile 0.0 to 67.0XXXXXX Blue CreekMile 0.0 to 14.0XXXXXX Blue CreekMile 14.0 to 16.2XXXXX Blue CreekMile 16.2 to OriginXXXX Buffalo RiverMile 0.0 to 24.0XXXXXX Cane CreekHickman Co. line to Lewis Co. lineXXXXX Buffalo RiverMile 24.0 to 26.0XXXXX Buffalo RiverMile 26.0 to 38.0XXXXXX Hurricane CreekMile 0.0 to OriginXXXXX Sinking CreekMile 0.0 to OriginXXXXX Buffalo RiverMile 38.0 to 41.1XXXXX Buffalo RiverMile 41.1 to OriginXXXXXX Green RiverMile 0.0 to 9.0XXXXXX Green RiverMile 9.0 to 11.7XXXXX Green RiverMile 11.7 to OriginXXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Rockhouse CreekMile 0.0 to 6.0XXXXXX Rockhouse CreekMile 6.0 to 9.5XXXXX Rockhouse CreekMile 9.5 to OriginXXXXXX Little Buffalo RiverMile 0.0 to OriginXXXXX Hurricane CreekMile 0.0 to OriginXXXXX Beaverdam CreekHighway 100 to Sulfur Fork CrXXXXX Sulfur Fork CreekMile 0.0 to OriginXXXXX Piney RiverMile 0.0 to OriginXXXXXXX Mill Creek Mile 0.0 to OriginXXXXXX Little Spring CreekMile 0.0 to OriginXXXXX Big Spring CreekMile 0.0 to OriginXXXXX Garner CreekMile 0.0 to OriginXXXXX Bear CreekMile 0.0 to OriginXXXXX East Piney RiverMile 0.0 to 4.0XXXXXX East Piney RiverMile 4.0 to 6.1XXXXX East Piney RiverMile 6.1 to OriginXXXXXX Defeated Camp Mile 0.0 to 4.4XXXXX Creek Defeated Camp Mile 4.4 to OriginXXXX Creek Defeated BranchMile 0.0 to OriginXXXX Duck RiverMile 67.0 to 71.5XXXXX Duck RiverMile 71.5 to 123.2XXXXXX Big Bigby CreekMile 0.0 to OriginXXXXXX Sugar ForkMile 0.0 to 1.9XXXXXX Sugar ForkMile 1.9 to 2.9XXXXX Sugar CreekMile 0.0 to 0.7XXXXX Sugar CreekMile 0.7 to OriginXXXXXX Quality CreekMile 0.0 to OriginXXXXXX Big Swan CreekMile 0.0 to OriginXXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Little Swan CreekMile 0.0 to OriginXXXXX Cathey's CreekMile 0.0 to OriginXXXXXX Duck RiverMile 123.2 to 127.2XXXXX Little Bigby CreekMile 0.0 to OriginXXXXXX Rutherford CreekMile 0.0 to OriginXXXXXX Duck RiverMile 127.2 to 217.0XXXXXX Big Rock CreekMile 0.0 to 14.0XXXXXX Big Rock CreekMile 14.0 to 16.9XXXXX Big Rock CreekMile 16.9 to OriginXXXXXX Duck RiverMile 217.0 to 221.3XXXXX Duck RiverMile 221.3 to 244.0XXXXXX Duck RiverMile 244.0 to 248.6 (Normandy Dam)XXXXXX Duck RiverMile 248.6 to 266.5XXXXXX Garrison Fork CreekMile 0.0 to 2.7XXXXXX Garrison Fork CreekMile 2.7 to 3.3XXXXX Garrison Fork CreekMile 3.3 to OriginXXXXXX Duck RiverMile 266.5 to 268.5XXXXX Duck RiverMile 268.5 to OriginXXXXXX Little Duck RiverMile 0.0 to OriginXXXXXX All other surface waters named and unnamed in the Duck River Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.06 ELK RIVER BASIN (INCLUDING SHOAL CREEK)

STREAM

DESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

Shoal CreekTenn-Ala State Line (Mile 20.6) to Mile 56.9 XXXXXX Clack BranchMile 0.0 to Origin XXXXX Loretto BranchMile 0.0 to Origin XXXXX Little Shoal CreekMile 0.0 to Origin XXXXX Shoal CreekMile 56.9 to Origin (Jct of B. Dry Branch & Beeler Fk)

XXXXXX

Factory CreekMile 0.0 to Origin XXXXXX Chisholm CreekMile 0.0 to Origin XXXXX Crowson CreekMile 0.0 to Origin XXXXX Elk RiverTenn-Ala State Line (Mile 33.6) to 36.3 XXXXXXX Elk RiverMile 36.3 to 90.5 XXXXXX Richland CreekMile 0.0 to 20.0 XXXXX Buchannan CreekMile 0.0 to Origin XXXX Richland CreekMile 20.0 to 23.3 XXX Richland CreekMile 23.3 to Origin XXXXXX Pigeon Roost CreekMile 0.0 to Origin XXXXX Robertson ForkMile 0.0 to Origin XXXXX Town CreekMile 0.0 to Origin XXXXX Holland CreekMile 0.0 to OriginXXXXX Elk River Mile 90.5 to 119.0 XXXXXX Mulberry Creek Mile 0.0 to OriginXXXXX East Fork Mulberry Cr.Mile 0.0 to 11.1 XXXXX East Fork Mulberry Cr.Mile 11.1 to OriginXXXXXX Spring BranchMile 0.0 to OriginXXXXXX Elk RiverMile 119.0 to 133.3 (Tims Ford Dam)

XXXXXXX

Elk RiverMile 133.3 to OriginXXXXXX Beans CreekMile 0.0 to OriginXXXXX Factory BranchMile 0.0 to OriginXXXXX Mathias BranchMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Hurricane CreekMile 0.0 to Origin XXXXX Boiling Fork CreekMile 0.0 to OriginXXXXXX Wagner CreekMile 0.0 to OriginXXXXXX Rock CreekMile 0.0 to OriginXXXXX Rollins CreekMile 0.0 to 2.5XXXXXX Rollins CreekMile 2.5 to OriginXXXX Mud CreekMile 0.0 to Origin XXXXX Caldwell CreekMile 0.0 to OriginXXXXX All other surface waters named and unnamed in the Elk River Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classified XXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.07 LOWER TENNESSEE RIVER BASIN (INCLUDING CONASAUGA RIVER)

STREAM

DESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

Tennessee RiverTenn-Ala State Line (Mile 416.5) to the POT Light (Mile 448.0)

XXXXXXX

Unnamed TributaryAt Tenn. River Mile 417.5; Mile 0.0 to Origin XXXX Battle CreekMile 0.0 to 17.3 (Martin Spring)XXXXXXX Swedens CreekMile 0.0 to OriginXXXXX Big Fiery GizzardMile 0.0 to 4.5XXXX Little Fiery GizzardMile 0.0 to OriginXXXX Unnamed Trib.At Little Fiery Gizzard Mile 0.6; Mile 0.0 to OriginXXXX Big Fiery GizzardMile 4.5 to 5.5XXXXX Big Fiery GizzardMile 5.5 to OriginXXXX Battle CreekMile 17.3 to Origin XXXXXX Sequatchie RiverMile 0.0 to 3.5XXXXXXX STREAMDESCRIPTION DOMIW SFALREC LWWIRRNAVTSNRTS Little Sequatchie RiverMile 0.0 to confluence of Sawmill CreekXXX X Little Sequatchie River Confluence of Sawmill Creek to confluence of Grays CreekXXXXX Little Sequatchie RiverConfluence of Grays Creek to OriginXXXX Pocket CreekMile 0.0 to Origin XXXXX Clifty CreekMile 0.0 to OriginXXXX Sewanee Creek Mile 0.0 to 4.0XXXX Sewanee Creek Mile 4.0 to OriginXXXXX Holywater CreekMile 0.0 to OriginXXXXX Scott CreekMile 0.0 to Origin XXX XX Coops CreekMile 0.0 to OriginXXXX Sequatchie River Mile 41.0 to 43.9XXXX Sequatchie RiverMile 43.9 to 74.0 XXXXXX Sequatchie River Mile 74.0 to 78.4XXXX Sequatchie RiverMile 78.4 to 105.9XXXXXX Sequatchie RiverMile 105.9 to 108.9 XXXX XXX Sequatchie River 108.8 to OriginXXXX Tennessee RiverMile 448.0 to 460.6 (Chattanooga Creek)

XXXXXX

Shoal CreekMile 0.0 to Origin XX XX Unnamed TributaryAt Tenn. River Mile 458.7; Mile 0.0 to OriginXXXX Lookout Creek Mile 0.0 to Georgia-Tenn State Line XXXXX Black CreekMile 0.0 to Origin XXXX Chattanooga Creek Mile 0.0 to Georgia-Tenn State LineXXX XX Tennessee RiverMile 460.6 to 499.4 (Hiwassee)

XXXXXXX

Citico CreekMile 0.0 to OriginXXXX South Chickamauga CreekMile 0.0 to Georgia-Tenn State LineXXXXX Friar BranchMile 0.0 to Origin XXXX West Chickamauga CreekMile 0.0 to Georgia-Tenn State LineXXXXX Spring CreekMile 0.0 to Georgia-Tenn State LineXXXXX Mackey BranchMile 0.0 to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Ryall Springs Br.Mile 0.0 to OriginXXXX Unnamed TributaryAt Tenn. River Mile 469.2; Mile 0.0 to OriginXXXX North Chickamauga CreekMile 0.0 to 13.2XXXX Unnamed TributaryAt N. Chickamauga Creek Mile 0.7; Mile 0.0 to OriginXXXX North Chickamauga CreekMile 13.2 to 15.0XXXXX North Chickamauga CreekMile 15.0 to OriginXXXX Wolftever CreekMile 0.0 to OriginXXXX Sale CreekMile 0.0 to OriginXXXX Roaring CreekMile 0.0 to OriginXXXX Brush CreekMile 0.0 to OriginXXXX Hiwassee RiverMile 0.0 to 23.9XXXXXXX Candies CreekMile 0.0 to OriginXXXX South Mouse CreekMile 0.0 to OriginXXXX Chatata CreekMile 0.0 to OriginXXXX Little Chatata Cr.Mile 0.0 to OriginXXXX Chestuee CreekMile 0.0 to OriginXXXX Middle CreekMile 0.0 to 1.9XXXX Middle CreekMile 1.9 to OriginXXXXX Ocoee RiverMile 0.0 to Benton Station BridgeXXXXXXX Ocoee RiverBenton Station Bridge to mile 17.0XXXXXX Sylco CreekMile 0.0 to OriginXXXXX Dutch CreekMile 0.0 to OriginXXXXX Greasy CreekMile 0.0 to OriginXXXX Rock CreekMile 0.0 to OriginXXXXX Clear CreekMile 0.0 to OriginXXXXX Ocoee RiverMile 17.0 to Ocoee #3 PowerhouseXXXXX Caney Creek (East Fork)Mile 0.0 to OriginXXXXX Big CreekMile 0.0 to OriginXXXXX Goforth CreekMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Ocoee RiverOcoee #3 Powerhouse to Rock CreekXXXXXX Rock CreekMile 0.0 to OriginXXXXX Ocoee RiverRock Creek to Mile 37.9 (Georgia-Tenn State Line)XXXXX Rough CreekMile 0.0 to OriginXXXXX West Fork Rough CreekMile 0.0 to OriginXXXXX North Potato CreekMile 0.0 to North Carolina-Tenn State LineXXXX Burra CreekMile 0.0 to 1.5XXXX Brush CreekMile 0.0 to OriginXXXXXX Belcher CreekMile 0.0 to OriginXXXX Deweese CreekMile 0.0 to OriginXXXXX Conasauga CreekMile 0.0 to Cog Hill Mill DamXXXXX Conasauga CreekCog Hill Mill Dam to Ruralville MillXXXX Cane CreekMile 0.0 to OriginXXXX Unnamed BranchMile 0.0 to OriginXXXX Crockett Spring CrMile 0.0 to OriginXXXX Conasauga CreekRuralville Mill to OriginXXXXX Gee CreekMile 0.0 to OriginXXXXX Spring CreekMile 0.0 to OriginXXXX Yellow CreekMile 0.0 to OriginXXXXX Big Lost CreekMile 0.0 to OriginXXXXX Little Lost CreekMile 0.0 to OriginXXXXX Smith CreekMile 0.0 to OriginXXXXX Wolf CreekMile 0.0 to OriginXXXXX Turtletown CreekMile 0.0 to N. Carolina LineXXXXX Brushy CreekMile 0.0 to N. Carolina LineXXXXX Coker CreekJoe Brown Highway to OriginXXXXX Hiwassee RiverMile 23.9 to 34.4XXXXXXX North Mouse CreekMile 0.0 to 10.0XXXXXX Spring CreekMile 0.0 to 18.7XXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Spring CreekMile 18.7 to OriginXXXX Dry Valley CreekMile 0.0 to OriginXXXX North Mouse CreekMile 10.0 to 30.1XXXXX Little North Mouse Cr.Mile 0.0 to 4.1XXXX Little North Mouse Cr.Mile 4.1 to OriginXXXX North Mouse CreekMile 30.1 to OriginXXXX Oostanaula CreekMile 0.0 to 26.0XXXXXX Oostanaula CreekMile 26.0 to 28.0XXXXX Oostanaula CreekMile 28.0 to 33.8XXXXX Oostanaula CreekMile 33.8 to 37.5XXXXXX Oostanaula CreekMile 37.5 to OriginXXXX Hiwassee RiverMile 34.4 to 64.9 (North Carolina Line)XXXXXXX All other surface waters named and unnamed in the Lower Tennessee River Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.08 UPPER TENNESSEE RIVER BASIN

STREAM

DESCRIPTIONDOMIW SFAL

REC LWWIRR

NAV TSNRTS

Tennessee RiverMile 499.4 (Hiwassee) to 567.8 (Clinch)

XXXXXXX

Richland CreekMile 0.0 to OriginXXXXX Little Richland CreekMile 0.0 to OriginXXXXX Broyles BranchMile 0.0 to OriginXXXXX Piney RiverMile 0.0 to 5.5XXXXXX Piney RiverMile 5.5 to 6.5 (U.S. Hwy. 27 Bridge)XXXXXX Piney RiverMile 6.5 to OriginXXXXX Town CreekMile 0.0 to OriginXXXXX Whites CreekMile 0.0 to 5.1XXXXX Whites CreekMile 5.1 to OriginXXXX Black CreekMile 0.0 to OriginXXXX Caney CreekMile 0.0 to OriginXXXX Post Oak CreekMile 0.0 to OriginXXXX Cardiff CreekMile 0.0 to OriginXXXX Clear CreekMile 0.0 to 3.0XXXXX Tennessee RiverMile 567.8 to 601.1XXXXXXX Martin BranchMile 0.0 to OriginXXXX Stamp CreekMile 0.0 to OriginXXXX Greenbriar BranchMile 0.0 to OriginXXXX Hines CreekMile 0.0 to OriginXXXX Sweetwater CreekMile 0.0 to 9.4XXXXXX Bacon CreekMile 0.0 to OriginXXXX Sweetwater CreekMile 9.4 to 19.0XXXX Sweetwater CreekMile 19.0 to 21.0XXXXX Sweetwater CreekMile 21.0 to OriginXXXXXX Unnamed Spring BranchMile 0.0 to OriginXXXX Little Tennessee RiverMile 0.0 to 19.0XXXXXXX Fork CreekMile 0.0 to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Unnamed TributaryMile 0.0 to OriginXXXX Bat CreekMile 0.0 to OriginXXXX Tellico RiverMile 0.0 to 5.0XXXXXXX Tellico RiverMile 5.0 to 28.0XXXXXX Ballplay CreekUpper 7 milesXXXXX Cane CreekMile 0.0 to OriginXXXXX Tellico RiverMile 28.0 to 41.0XXXXXX Wildcat CreekMile 0.0 to OriginXXXXX Turkey CreekMile 0.0 to OriginXXXXX Bald RiverMile 0.0 to OriginXXXXX Kirkland CreekMile 0.0 to OriginXXXXX Henderson CreekMile 0.0 to OriginXXXXX Barrett BranchMile 0.0 to OriginXXXXX Service BranchMile 0.0 to OriginXXXXX Brookshire BranchMile 0.0 to OriginXXXXX North RiverMile 0.0 to OriginXXXXX Long BranchMile 0.0 to OriginXXXXX Hemlock BranchMile 0.0 to OriginXXXXX McNabb CreekMile 0.0 to OriginXXXXX Laurel BranchMile 0.0 to OriginXXXXX Big Cove BranchMile 0.0 to OriginXXXXX Round Mountain BrMile 0.0 to OriginXXXXX Service Tree BrMile 0.0 to OriginXXXXX Sugar Cove BrMile 0.0 to OriginXXXXX Meadow BranchMile 0.0 to OriginXXXXX Roaring BrMile 0.0 to OriginXXXXX Indian CreekMile 0.0 to OriginXXXXX Panther BranchMile 0.0 to OriginXXXXX STREAM DESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Tellico RiverMile 41.0 to 50.0 (TN - NC Line)XXXXXXX Sycamore CreekMile 0.0 to OriginXXXXX Rough Ridge CreekMile 0.0 to OriginXXXXX Little Tennessee RiverMile 19.0 to 30.0XXXXXXXX Citico CreekMile 4.5 to 16.0XXXXX Jakes CreekMile 0.0 to 3.0XXXXX Slide HollowMile 0.0 to 2.0XXXXX Little Citico CreekMile 0.0 to 3.5XXXXX Jake Best CreekMile 0.0 to OriginXXXXX Doublecamp CreekMile 0.0 to OriginXXXXX Mill BranchMile 0.0 to OriginXXXXX Flint BranchMile 0.0 to OriginXXXXX Crowder BranchMile 0.0 to OriginXXXXX Citico CreekMile 16.0 to OriginXXXXX N. Fk Citico CreekMile 0.0 to OriginXXXXX Indian Valley BrMile 0.0 to OriginXXXXX South Fork Citico CreekMile 0.0 to OriginXXXXX Ike Camp BranchMile 0.0 to OriginXXXXX Falls BranchMile 0.0 to OriginXXXXX Cochran CreekMile 0.0 to mile 2.0XXXXX Abrams CreekMile 0.0 to OriginXXXXX Panther CreekMile 0.0 to OriginXXXXX Mill CreekMile 0.0 to OriginXXXXX Bell Cove BranchMile 0.0 to OriginXXXXX Kingfisher CreekMile 0.0 to OriginXXXXX Buckshank BranchMile 0.0 to OriginXXXXX Rabbit CreekMile 0.0 to OriginXXXXX Hannah BranchMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Peckerwood BrMile 0.0 to OriginXXXXX Wilson BranchMile 0.0 to OriginXXXXX Stony BranchMile 0.0 to OriginXXXXX Arbutus BranchMile 0.0 to OriginXXXXX Mill CreekMile 0.0 to OriginXXXXX Forge CreekMile 0.0 to OriginXXXXX Coalen Ground BrMile 0.0 to OriginXXXXX Bower CreekMile 0.0 to OriginXXXXX Tipton Sugar CoveMile 0.0 to OriginXXXXX Ekanneetlee BrMile 0.0 to OriginXXXXX Tater BranchMile 0.0 to OriginXXXXX McCaulley BranchMile 0.0 to OriginXXXXX Rowans BranchMile 0.0 to OriginXXXXX Anthony CreekMile 0.0 to OriginXXXXX Shop CreekMile 0.0 to OriginXXXXX Tabcat CreekMile 0.0 to OriginXXXXX Parson BranchMile 0.0 to OriginXXXXX Bible CreekMile 0.0 to OriginXXXXX Slickrock CreekTennessee portionXXXXX Little Slickrock CrMile 0.0 to OriginXXXXX Little Tennessee RiverMile 30.0 to 49.7 (TN.-N.C. Line)XXXXXXX Morgan BranchMile 0.0 to OriginXXXX Abrams BranchMile 0.0 to OriginXXXX First CreekMile 0.0 to OriginXXXXXX Tennessee RiverMile 601.1 to 636.6 (Little River)XXXXXXX Town CreekMile 0.0 to OriginXXXX Gallagher CreekMile 0.0 to OriginXXXX Turkey CreekMile 0.0 to OriginXXXX Sinking Creek #1Mile 0.0 to OriginXXXXXX STREAMDESCRIPTION DOMIW SFALRECLWWIRRNAVTSNRTS Ten Mile CreekFrom Sink to OriginXXXX Sinking Creek #2Mile 0.0 to OriginXXXX Unnamed Trib.Mile 0.0 to OriginXXXX Lackey CreekMile 0.0 to OriginXXXX Unnamed BranchMile 0.0 to OriginXXXX Little RiverMile 0.0 to 33.0XXXXXX Polecat BranchMile 0.0 to OriginXXXX Stock CreekMile 0.0 to OriginXXXX McCall BranchMile 0.0 to OriginXXXX Russell's BranchMile 0.0 to OriginXXXX Pistol CreekMile 0.0 to OriginXXXX Duncan BranchMile 0.0 to OriginXXXX Culton CreekMile 0.0 to OriginXXXX Tedford BrMile 0.0 to OriginXXXX Hesse CreekUpper 5 milesXXXXX Cane CreekUpper 2.0 milesXXXXX Beard Cane CrUpper 1.5 milesXXXXX Little RiverMile 33.0 to OriginXXXXXX M. Pr. Little RiverMile 0.0 to OriginXXXXX W. Prong Little R.Mile 0.0 to OriginXXXXX Laurel CreekMile 0.0 to OriginXXXXX Meadow BrMile 0.0 to OriginXXXXX Spruce Flats BrMile 0.0 to OriginXXXXX Sams CreekMile 0.0 to OriginXXXXX Thunderhead PrMile 0.0 to OriginXXXXX Shut-in CrMile 0.0 to OriginXXXXX Lynn Camp ProngMile 0.0 to OriginXXXXX Marks CreekMile 0.0 to OriginXXXXX Meigs CreekMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Little Greenbriar CreekMile 0.0 to OriginXXXXX Mannis BranchMile 0.0 to OriginXXXXX Blanket CreekMile 0.0 to OriginXXXXX Shields BranchMile 0.0 to OriginXXXXX Jakes CreekMile 0.0 to OriginXXXXX Newt ProngMile 0.0 to OriginXXXXX Laurel BranchMile 0.0 to OriginXXXXX Fish Camp ProngMile 0.0 to OriginXXXXX Goshen ProngMile 0.0 to OriginXXXXX Silers ProngMile 0.0 to OriginXXXXX Rich BranchMile 0.0 to OriginXXXXX Rough CreekMile 0.0 to OriginXXXXX Meigs Post ProngMile 0.0 to OriginXXXXX Grouse CreekMile 0.0 to OriginXXXXX Tennessee RiverMile 636.6 to 638.6XXXXXXX Tennessee RiverMile 638.6 to 640.0XXXXXX Tennessee RiverMile 640.0 to 643.4XXXXXXX Tennessee RiverMile 643.4 to 646.4XXXXXX Tennessee RiverMile 646.4 to 652.2XXXXXXX Knob CreekMile 0.0 to OriginXXXX Flenniken BranchMile 0.0 to OriginXXXX Unnamed BranchMile 0.0 to OriginXXXX Unnamed BranchMile 0.0 to OriginXXXX Fourth CreekMile 0.0 to OriginXXXX Third CreekMile 0.0 to 4.9XXXX Third CreekMile 4.9 to OriginXXXXXX Second CreekMile 0.0 to OriginXXXXX First CreekMile 0.0 to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS All other surface water named and unnamed in the Upper Tennessee River Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024. (This space intentionally left blank)

Tenn. Comp. R. & Regs. 0400-40-04-.09 CLINCH RIVER BASIN

STREAMDESCRIPTION

DOMIW SFALRECLWWIRRNAVTSNRTS

Clinch RiverMile 0.0 to 4.4 (Emory River)XXXXXXX Emory RiverMile 0.0 to OriginXXXXXX Little Emory RiverMile 0.0 to OriginXXXXXX Middle Fork Little Emory RiverMile 0.0 to OriginXXXX Davis BranchMile 0.0 to 0.2XXXX Unnamed TributaryAt Emory River (Mile 16.4); Mile 0.0 to 1.0XXXX Crooked Fork CreekMile 0.0 to 4.9XXXX Unnamed TributaryAt Crooked Fork Creek (Mile 4.9); Mile 0.0 to OriginXXXX Crooked Fork CreekMile 4.9 to OriginXXXXX Flat Fork CreekMile 0.0 to OriginXXXXXX Unnamed TributaryAt Flat Fork (Mile 2.3); Mile 0.0 to OriginXXXXX Stockstill CreekMile 0.0 to OriginXXXX Obed RiverMile 0.0 to 40.1XXXX Daddy's CreekMile 0.0 to OriginXXXX Basses CreekMile 0.0 to OriginXXXX Fox CreekMile 0.0 to OriginXXXX Scantling BranchMile 0.0 to OriginXXXX Unnamed Trib.At Scantling Branch (Mile 1.2); Mile 0.0 to OriginXXXX Unnamed TributaryAt Obed River (Mile 34.6); Mile 0.0 to OriginXXXX Obed RiverMile 40.1 to OriginXXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Unnamed TributaryAt Obed River (Mile 45.4); Mile 0.0 to OriginXXXX Clinch RiverMile 4.4 to 12.0 (Poplar Creek)XXXXXXX Poplar CreekMile 0.0 to 0.5XXXXX Poplar CreekMile 0.5 to OriginXXXX East Fork Poplar CreekMile 0.0 to OriginXXXX Bear CreekMile 0.0 to OriginXXXX Indian CreekAt Poplar Creek (Mile 14.3); Mile 0.0 to OriginXXXX Clinch RiverMile 12.0 to 20.0XXXXXX White Oak CreekMile 0.0 to OriginXXX Melton BranchMile 0.0 to OriginXXX Clinch RiverMile 20.0 to 39.6XXXXXXX Beaver CreekMile 0.0 to 8.4XXXXXX Beaver CreekMile 8.4 to 10.4XXXXX Beaver CreekMile 10.4 to 17.5XXXXXX Beaver CreekMile 17.5 to 17.9XXXXX Beaver CreekMile 17.9 to 21.6XXXXXX Beaver CreekMile 21.6 to 23.6XXXX Beaver CreekMile 23.6 to 29.4XXXXXX Beaver CreekMile 29.4 to 31.4XXXX Beaver CreekMile 31.4 to OriginXXXXXX Unnamed TributaryAt Beaver Creek (Mile 44.1); Mile 0.0 to OriginXXXX Clinch RiverMile 39.6 to 41.1XXXXXXX Scarboro CreekMile 0.0 to OriginXXXX Clinch RiverMile 41.1 to 46.7XXXXXXX Bull Run CreekMile 0.0 to 1.0XXXX Bull Run CreekMile 1.0 to OriginXXXXX Nelson BranchMile 0.0 to OriginXXXX Blaze BranchAt Nelson Branch (Mile 5.0); Mile 0.0 to OriginXXXX Clinch RiverMile 46.7 to 47.8XXXXXXX Worthington BranchAt Clinch River (Mile 47.8); Mile 0.0 to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Clinch RiverMile 47.8 to 50.7XXXXXXX Braden BranchAt Clinch River (Mile 50.7); Mile 0.0 to 1.7XXX Braden BranchMile 1.7 to OriginXXXX Clinch RiverMile 50.7 to 51.1XXXXXXX Unnamed TributaryAt Clinch River (Mile 51.1); Mile 0.0 to OriginXXXX Clinch RiverMile 51.1 to 61.5XXXXXXX Clinch RiverMile 61.5 to 66.2XXXXXX Hinds CreekAt Clinch River (Mile 65.0); Mile 0.0 to OriginXXXX Buffalo CreekMile 0.0 to OriginXXXX Clinch RiverMile 66.2 to 79.8XXXXXXX Cane CreekAt Clinch River (Mile 71.3); Mile 0.0 to OriginXXXX Blowing Spring ForkAt Cane Creek (Mile 1.9); Mile 0.0 to OriginXXXX Coal CreekAt Clinch River (Mile 75.0); Mile 0.0 to OriginXXXXX Unnamed TributaryAt Coal Creek (Mile 8.6); Mile 0.0 to OriginXXXX Clinch RiverMile 79.8 to 202.1 (Virginia Stateline)XXXXXX Cove CreekMile 0.0 to 15.1XXXXXX Unnamed TributaryAt Cover Creek (Mile 13.7); Mile 0.0 to OriginXXXX Cove CreekMile 15.1 to 16.1XXXXX Cove CreekMile 16.1 to OriginXXXXXX Bruce (Brush) CreekMile 0.0 to OriginXXXX Dog CreekAt Bruce Creek (Mile 0.9); Mile 0.0 to OriginXXXX Unnamed Trib.At Dog Creek (Mile 2.0); Mile 0.0 to OriginXXXX Big CreekAt Clinch River (Mile 83.0); Mile 0.0 to 15.6XXXXXX Big CreekMile 15.6 to 17.6XXXXX Big CreekMile 17.6 to OriginXXXX Ollis CreekAt Big Creek (Mile 20.4); Mile 0.0 to OriginXXXXXX Powell RiverAt Clinch River (Mile 88.8); Mile 0.0 to 115.7XXXXXX Gap CreekAt Powell River (Mile 57.7); Mile 0.0 to OriginXXXX Unnamed Spring Br.From Sinkhole to OriginXXXX STREAMDESCRIPTIONDOMIW S FALRECLWWIRRNAVTSNRTS Russell CreekAt Powell River (Mile 82.4); Mile 0.0 to OriginXXXX Clear CreekMile 0.0 to 2.0XXXXX White CreekMile 0.0 to 2.0XXXXX Mill CreekAt Clinch River (Mile 98.0); Mile 0.0 to OriginXXXX Byram's CreekAt Mill Creek (Mile 0.5); Mile 0.0 to OriginXXXX Unnamed Tributary At Byram's Creek (Mile 2.3); Mile 0.0 to OriginXXXX Ball CreekMile 0.0 to OriginXXXXXX Poorland CreekAt Clinch River (Mile 104.2); Mile 0.0 to OriginXXXX Dry TributaryAt Poorland Creek (Mile 2.5); Mile 0.0 to Waste OutfallXXX Hunting CreekAt Clinch River (Mile 118.3); Mile 0.0 to OriginXXXX Unnamed TributaryAt Hunting Creek (Mile 2.0); Mile 0.0 to OriginXXXX Big War CreekAt Clinch River (Mile 164.4); Mile 0.0 to 8.0XXXX Flat Gap CreekAt Big War Branch (Mile 7.0); Mile 0.0 to OriginXXXX Big War CreekMile 8.0 to OriginXXXX North Fork Clinch RiverAt Clinch River (Mile 192.0); Mile 0.0 to 2.2XXXXX All other surface waters named and unnamed in the Clinch River Basin, with the exception of wet weather conveyances, which have not been specifically treated shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.10 FRENCH BROAD RIVER BASIN

STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

French Broad RiverMile 0.0 to 102.2 (N. Carolina-Tenn Line)XXXXXX Hines CreekMile 0.0 to OriginXXXXX Unnamed TributaryAt Hines Creek (Mile 1.7)XXX Unnamed TributaryAt Hines Creek (Mile 3.7)XXX Cement Mill CreekMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Boyds CreekMile 0.0 to OriginXXXXX Unnamed TributaryAt Boyds Creek (Mile 9.7)XXX Unnamed TributaryAt Boyds Creek (Mile 11.5)XXX Little Pigeon RiverMile 0.0 to 2.9XXXXXX Gist (Guess) CreekMile 0.0 to OriginXXXX Little Pigeon RiverMile 2.9 to 4.8XXXXX W. Prong Little Pigeon R.Mile 0.0 to 4.5XXXXXX W. Prong Little Pigeon R.Mile 4.5 to 7.9XXXXXXX W. Prong Little Pigeon R.Mile 7.9 to 8.8XXXXXX W. Prong Little Pigeon R.Mile 8.8 to 13.0XXXXXXX W. Prong Little Pigeon R.Mile 13.0 to 14.0XXXXXX W. Prong Little Pigeon R.Mile 14.0 to 19.0XXXXXX Dudley CreekMile 0.0 to OriginXXXXX Little Dudley CreekMile 0.0 to OriginXXXXX Roaring Fork CreekMile 0.0 to OriginXXXXX Baskins CreekMile 0.0 to OriginXXXXX Norton CreekMile 0.0 to OriginXXXXX Leconte CreekMile 0.0 to OriginXXXXX W. Prong Little Pigeon R.Mile 19.0 to OriginXXXXXX Twomile CreekMile 0.0 to OriginXXXXX Fighting CreekMile 0.0 to OriginXXXXX Sugarland BranchMile 0.0 to OriginXXXXX Big BranchMile 0.0 to OriginXXXXX Road ProngMile 0.0 to OriginXXXXX Cole BranchMile 0.0 to OriginXXXXX Alum Cave CreekMile 0.0 to OriginXXXXX Walker Camp PrMile 0.0 to OriginXXXXX Little Pigeon RiverMile 4.8 to 20.3XXXXXX Little Pigeon RiverMile 20.3 to OriginXXXXXX E.F. Little Pigeon R.Mile 0.0 to OriginXXXXXX STREAMDESCRIPTION DOMIW SFALREC LWWIRRNAV TSNRTS Dunn CreekMile 0.0 to 15.8X XXX XX X Dunn Creek Mile 15.8 to OriginX X X X XX X Ogle Springs BrMile 0.0 to Origin XXXX Bird CreekMile 0.0 to Origin XXXX Webb Creek Mile 0.0 to Great Smoky Mtns Pk Boundary (Mile 5.8)X XX X X Soak Ash CreekMile 0.0 to OriginXXXXX Timothy Creek Mile 0.0 to OriginXX XXX Redwine CreekMile 0.0 to OriginXXXXX Noisy CreekMile 0.0 to OriginXXXXX Texas Creek Mile 0.0 to OriginX XX X X Webb CreekGreat Smoky Mts boundary to originXX XXX Copeland Creek Mile 0.0 to OriginXX XX X Injun Creek Mile 0.0 to OriginXX XXX Rhododendron CreekMile 0.0 to OriginXXX XX Porters Creek Mile 0.0 to OriginXX XXX False Gap ProngMile 0.0 to Origin XXX XX Kalanu ProngMile 0.0 to OriginXXXXX Long BranchMile 0.0 to OriginX XX XX Cannon Creek Mile 0.0 to OriginXXXX X Lowes CreekMile 0.0 to OriginXXX XX Boulevard ProngMile 0.0 to OriginXXXX X Shutts ProngMile 0.0 to OriginXXXXX Middle Prong Little PigeonMile 0.0 to OriginXXX XX Ramsey ProngMile 0.0 to OriginX XXXX Chapman ProngMile 0.0 to Origin XXXX X Eagle Rocks BranchMile 0.0 to OriginXXX XX Lost ProngMile 0.0 to Origin XXXXX Buck ForkMile 0.0 to OriginXXXXX Muddy CreekMile 0.0 to OriginXXXX Clear CreekMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS City Spring TributaryMile 0.0 to OriginXXXX Indian CreekMile 0.0 to OriginXXXX Ball CreekMile 0.0 to OriginXXXX Unnamed TributaryAt Ball Creek (Mile 2.9); Mile 0.0 to OriginXXX Leadvale CreekMile 0.0 to OriginXXXX Clear CreekMile 0.0 to OriginXXXX Nolichucky RiverMile 0.0 to 5.3XXXXXX Long CreekMile 0.0 to OriginXXXX Sinking CreekMile 0.0 to OriginXXXX Nolichucky RiverMile 5.3 to 7.7XXXXX Nolichucky RiverMile 7.7 to 100.8 (N. Carolina-Tenn Line)XXXXXX Slate CreekMile 0.0 to OriginXXXX Bent CreekMile 0.0 to OriginXXXX Mud CreekMile 0.0 to OriginXXXX Williams BranchMile 0.0 to OriginXXXX Lick CreekMile 0.0 to 49.0XXXXX Lick CreekMile 49.0 to OriginXXXXXX Black CreekMile 0.0 to OriginXXXX War BranchMile 0.0 to 0.5XXXX Unnamed TributaryAt Lick Creek (Mile 36.1); Mile 0.0 to OriginXXX Little Chucky CreekMile 0.0 to OriginXXXX Mosheim BranchMile 0.0 to OriginXXXX Unnamed Trib.At Mosheim Branch (Mile 2.0); Mile 0.0 to OriginXXX Unnamed TributaryAt Little Chucky Creek (Mile 17.2); Mile 0.0 to OriginXXXX Gap CreekMile 0.0 to OriginXXXX Furness BranchMile 0.0 to OriginXXXX Cove CreekMile 0.0 to OriginXXXX Flag BranchMile 0.0 to OriginXXXX Richland CreekMile 0.0 to OriginXXXXX Crazy CreekSinkhole to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Unnamed TributaryAt Crazy Creek (Mile 1.3); Mile 0.0 to 0.5XXXX Unnamed TributaryMile 0.5 to OriginXXX Camp CreekMile 0.0 to OriginXXXXXX Jennings CreekMile 0.0 to OriginXXXXX Dry CreekMile 0.0 to 1.3XXXX Dry CreekMile 1.3 to OriginXXXXX Davis CreekMile 0.0 to OriginXXXXX College CreekMile 0.0 to OriginXXXX Moon CreekMile 0.0 to OriginXXXX Sinking CreekMile 0.0 to OriginXXXX Little Limestone CreekMile 0.0 to OriginXXXX Horse CreekMile 0.0 to OriginXXXXX Squibb BranchMile 0.0 to OriginXXXXX Cassi Creek, East and West ForkMile 0.0 to OriginXXXXX Painter CreekMile 0.0 to OriginXXXXX Clarks CreekMile 0.0 to OriginXXXXX Devil Fork BranchMile 0.0 to OriginXXXXX Long Arm BranchMile 0.0 to OriginXXXXX Chigger BranchMile 0.0 to OriginXXXXX Dry CreekMile 0.0 to OriginXXXXX Ramsey CreekMile 0.0 to OriginXXXXX Briar CreekMile 0.0 to OriginXXXXX Straight CreekMile 0.0 to OriginXXXXX Bumpus Cove CreekMile 0.0 to OriginXXXXX Broad Shoal CreekMile 0.0 to OriginXXXXX California CreekMile 0.0 to OriginXXXXX North Indian CreekUpstream of ErwinXXXXXXX Rock CreekMile 0.0 to OriginXXXXX Duck CreekMile 0.0 to OriginXXXXX Red Fork CreekMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Clear Fork BranchMile 0.0 to OriginXXXXX South Indian CreekMile 0.0 to OriginXXXXX Mill CreekMile 0.0 to OriginXXXXX Granny Lewis CreekMile 0.0 to OriginXXXXX Lower Higgins CreekMile 0.0 to OriginXXXXX Birchfield Camp BrMile 0.0 to OriginXXXXX Big BranchMile 0.0 to OriginXXXXX Spivey CreekMile 0.0 to OriginXXXXX Coffee Ridge CrMile 0.0 to OriginXXXXX Watts BranchMile 0.0 to OriginXXXXX Tumbling CreekMile 0.0 to OriginXXXXX Rocky Fork CreekMile 0.0 to OriginXXXXX Flint CreekMile 0.0 to OriginXXXXX Devil Fork CreekMile 0.0 to OriginXXXXX Sams CreekMile 0.0 to OriginXXXXX Upper Higgins CreekMile 0.0 to OriginXXXXX E. Fk Higgins CrMile 0.0 to OriginXXXXX Rice CreekMile 0.0 to OriginXXXXX Jones CreekMile 0.0 to OriginXXXXX Long BranchMile 0.0 to OriginXXXXX Pigeon RiverMile 0.0 to 25.9 (Tenn-N. Car. Line)XXXXX Matthew CreekMile 0.0 to OriginXXXXX Sinking CreekMile 0.0 to 5.2XXXXXX Sinking CreekMile 5.2 to OriginXXXXXX Cosby CreekMile 0.0 to 4.3XXXXX Cosby CreekMile 4.3 to OriginXXXXX N. Fork Bogard CrMile 0.0 to OriginXXXXX Indian Camp CreekMile 0.0 to OriginXXXXX Mill CreekMile 0.0 to OriginXXXXX Big CreekMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Gulf Fork Big CreekMile 0.0 to OriginXXXXX Trail Fork Big CreekMile 0.0 to OriginXXXXX Dry Fork CreekMile 0.0 to OriginXXXXX Bailey BranchMile 0.0 to OriginXXXXX Bear BranchMile 0.0 to OriginXXXXX Laurel Fork CreekMile 0.0 to OriginXXXXX Moss Camp CreekMile 0.0 to OriginXXXXX Deep Gap CreekMile 0.0 to OriginXXXXX M. Prong Gulf ForkMile 0.0 to OriginXXXXX Laurel CreekMile 0.0 to OriginXXXXX Brown Gap CreekMile 0.0 to OriginXXXXX Tom CreekMile 0.0 to OriginXXXXX Wolf CreekMile 0.0 to 2.0XXXXX Wolf CreekMile 2.0 to OriginXXXXX Brush CreekMile 0.0 to 1.0XXXXX Paint CreekMile 0.0 to OriginXXXXX All other surface waters named and unnamed in the French Broad River Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.11 HOLSTON RIVER BASIN

STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

Holston RiverMile 0.0 to 131.5 (Church Hill Bridge)XXXXXX Unnamed BranchAt Holston River (Mile 1.0); Mile 0.0 to OriginXXXX Sand BranchMile 0.0 to OriginXXXX Swan Pond CreekMile 0.0 to 5.0XXXX Pratt BranchMile 0.0 to OriginXXXX Woods CreekMile 0.0 to OriginXXXX Unnamed BranchAt Holston River (Mile 6.7); Mile 0.0 to OriginXXXX Maccash BranchAt Holston River (Mile 10.8); Mile 0.0 to OriginXXXX Roseberry CreekMile 0.0 to OriginXXXX Unnamed BranchAt Roseberry Creek (Mile 1.7); Mile 0.0 to 0.5XXXX Unnamed BranchMile 0.5 to 0.7XXXX Big Flat CreekMile 0.0 to 8.0XXXXX Little Flat CreekMile 0.0 to OriginXXXX Unnamed TributaryAt L. Flat Creek (Mile 1.3); Mile 0.0 to OriginXXXX Big Flat CreekMile 8.0 to OriginXXXX Lyon CreekMile 0.0 to 0.3XXXXX Lyon CreekMile 0.3 to 1.9XXXXX Unnamed BranchAt Lyon Creek (Mile 1.9); Mile 0.0 to OriginXXXX Lyon CreekMile 1.9 to OriginXXXX Unnamed BranchAt Lyon Creek (Mile 2.7); Mile 0.0 to OriginXXXX Richland CreekAt Holston River (Mile 27.1); Mile 0.0 to OriginXXXX Beaver CreekAt Holston River (Mile 30.4); Mile 0.0 to OriginXXXX Lost Creek at New MarketSink at Mile 1.9 to OriginXXXX Buffalo CreekBelow Buffalo SpringsXXXXX Mossy CreekAt Holston River (Mile 52.4); Mile 0.0 to 3.9XXXXXX Mossy CreekMile 3.9 to OriginXXXXXX Unnamed BranchAt Holston River (Mile 55.0); Mile 0.0 to OriginXXXX German CreekAt Holston River (Mile 70.2); Mile 0.0 to 8.1XXXXXX STREAM DESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS German CreekMile 8.1 to OriginXXXX Turkey CreekAt Holston River (Mile 75.2); Mile 0.0 to 1.2XXXXXX Turkey CreekMile 1.2 to OriginXXXX Spring CreekAt Holston River (Mile 76.0); Mile 0.0 to 1.2XXXXXX Spring CreekMile 1.2 to OriginXXXX Thompson CreekMile 0.0 to OriginXXXX Fall CreekAt Holston River (Mile 80.7); Mile 0.0 to 1.0XXXXXX Fall CreekMile 1.0 to OriginXXXX Poor Valley CreekAt Holston River (Mile 89.2); Mile 0.0 to 6.8XXXXXX Mooresburg BranchMile 0.0 to 1.6XXXXXX Mooresburg BranchMile 1.6 to OriginXXXX Poor Valley CreekMile 6.8 to OriginXXXX Beech CreekAt Holston River (Mile 108.8); Mile 0.0 to OriginXXXX Big Creek (Stanley Prong)Holston River (Mile 109.1); Mile 0.0 to OriginXXXXXXX Forgey CreekAt Holston River (Mile 116.9); Mile 0.0 to OriginXXXX Unnamed BranchAt Forgey Creek (Mile 1.1); Mile 0.0 to 1.0XXX Stoney Point CreekAt Holston River (Mile 123.0); Mile 0.0 to OriginXXXX Unnamed BranchAt Stoney Point Creek (Mile 0.2); Mile 0.0 to OriginXXXX Bradley CreekAt Holston River (Mile 128.8); Mile 0.0 to OriginXXXXX Holston RiverMile 131.5 to Origin (Mile 142.2)XXXX Alexander CreekAt Holston River (Mile 131.9); Mile 0.0 to 3.4XXXXXXX Unnamed BranchAt Alexander Creek (Mile 3.4); Mile 0.0 to 0.3XXXX Alexander CreekMile 3.4 to OriginXXXXX Smith CreekAt Holston River (Mile 135.5); Mile 0.0 to OriginXXXX Arnott BranchAt Holston River (Mile 137.9); Mile 0.0 to OriginXXXX North Fork Holston RiverMile 0.0 to 5.2 (Tenn-Virginia Line)XXX South Fork Holston RiverMile 0.0 to 2.3XXX Reedy CreekMile 0.0 to 7.1XXXXX Reedy CreekMile 7.1 to Tenn-Virginia LineXXXXXX STREAM DESCRIPTION DOM IWS FAL REC LWW IRR NAV TS NRTS South Fork Holston River Mile 2.3 to 5.7 X X X Horse Creek Mile 0.0 to 1.3 X X X X X Horse Creek Mile 1.3 to Origin X X X X Little Horse Creek At Horse Creek (Mile 3.6); Mile 0.0 to Origin X X X X Dolan Branch At Little Horse Creek (Mile 2.8); Mile 0.0 to Origin X X X X Unnamed Branch At S. F. Holston River (Mile 4.0); Mile 0.0 to Origin X X X X X South Fork Holston River Mile 5.7 to 19.6 X X X X X X X Kendrick Creek Mile 0.0 to 1.0 X X X X X Kendrick Creek Mile 1.0 to Origin X X X X Fall Creek Mile 0.0 to Origin X X X X Unnamed Branch At S. F. Holston River (Mile 13.6); Mile 0.0 to Origin X X X X Sinking Creek At S. F. Holston River (Mile 14.1); Mile 0.0 to Origin X X X X Ford Creek Mile 0.0 to Origin X X X X Unnamed Branch At Ford Creek (Mile 1.3); Mile 0.0 to Origin X X X X X Cedar Creek At S. F. Holston (Mile 18.0); Mile 0.0 to 2.3 X X X X Unnamed Branch At Cedar Creek (Mile 2.3); Mile 0.0 to Origin X X X X Cedar Creek Mile 2.3 to Origin X X X X Watauga River At S. F. Holston (Mile 19.6); Mile 0.0 to 15.0 X X X X X X Boone's Creek Mile 0.0 to Origin X X X X Knob Creek Mile 0.0 to Origin X X X X Watauga River Mile 15.0 to 16.4 X X X X X Brush Creek Mile 0.0 to Origin X X X X Lick Creek Mile 0.0 to Origin X X X X Watauga River Mile 16.4 to 18.0 X X X X X X X Watauga River Mile 18.0 to 25.8 X X X X X X Buffalo Creek At Watauga River (Mile 22.1); Mile 0.0 to Origin X X X X X Toll Branch Mile 0.0 to 0.1 X X X X X Toll Branch Mile 0.1 to Origin X X X X X Unnamed Branch Mile 0.2 to Origin X X X X STREAMDESCRIPTION DOM IW SFALRECLWW IRRNAVTSNRTS Dry CreekAt Buffalo Creek (Mile 3.3); Mile 0.0 to OriginXXXX Unnamed BranchAt Buffalo Creek (Mile 3.0); Mile 0.0 to 0.2XXXX Campbell CreekAt Watauga River (Mile 25.7); Mile 0.0 to OriginXXXX Unnamed BranchAt Campbell Creek (Mile 1.6): Mile 0.0 to OriginXXXX Campbell BranchMile 1.6 to OriginXXXX Watauga RiverMile 25.8 to 55.1 (N.C.-Tenn. Line)XXXXXXX Stony CreekMile 0.0 to OriginXXXXX Little Stony CreekMile 0.0 to OriginXXXXX Pierce BranchMile 0.0 to OriginXXXXX Bartree BranchMile 0.0 to OriginXXXXX Mill CreekMile 0.0 to OriginXXXXX North Fork Stony CreekMile 0.0 to OriginXXXXX Upper Hinkle BranchMile 0.0 to OriginXXXX Doe RiverMile 0.0 to 21.0XXXXXXX Laurel Fork CreekAt Doe River (Mile 7.0); Mile 0.0 to OriginXXXXX Little Laurel ForkMile 0.0 to OriginXXXXX Wagner BranchMile 0.0 to OriginXXXXX Simerly CreekMile 0.0 to OriginXXXXX Clarke CreekMile 0.0 to OriginXXXXX Tiger CreekMile 0.0 to OriginXXXXX Roaring CreekMile 0.0 to OriginXXXXX Georges CreekMile 0.0 to OriginXXXXX Buck CreekAt Doe River (Mile 20.9); Mile 0.0 to OriginXXXXX Shell CreekMile 0.0 to OriginXXXXX Hampton CreekMile 0.0 to OriginXXXXX L. Prong Hampton CreekMile 0.0 to OriginXXXXX Sugar Hollow CreekMile 0.0 to OriginXXXXX Hampton CreekMile 0.0 to OriginXXXXX L. Prong Hampton CreekMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Shell CreekMile 0.0 to OriginXXXXX Cove CreekMile 0.0 to OriginXXXXX Laurel Fork CreekAt Doe River (Mile 7.0); Mile 0.0 to OriginXXXXX Little Laurel ForkMile 0.0 to OriginXXXXX Wagner BranchMile 0.0 to OriginXXXXX Buck CreekAt Doe River (Mile 20.9); Mile 0.0 to OriginXXXXX Doe RiverMile 21.0 to OriginXXXXXXX Little Stony CreekMile 0.0 to OriginXXXXX Elk RiverAt Watauga (Mile 46.8); Mile 0.0 to 14.5 (Stateline)XXXXX Black BranchMile 0.0 to OriginXXXXX Row BranchMile 0.0 to OriginXXXXX Heaton BranchMile 0.0 to OriginXXXXX Little Laurel BranchMile 0.0 to OriginXXXXX Cobb BranchMile 0.0 to OriginXXXXX Cress BranchMile 0.0 to OriginXXXXX Roan CreekAt Watauga River (Mile 45.5); Mile 0.0 to 16.7XXXXXXX Doe CreekAt Roan Creek (Mile 10.9); Mile 0.0 to OriginXXXXX Spruce BranchAt Doe Creek (Mile 10.9); Mile 0.0 to OriginXXXX Timothy BranchMile 0.0 to OriginXXXXX Campbell's CreekMile 0.0 to OriginXXXXX Roan CreekMile 16.7 to 17.7XXXXX Mill CreekMile 0.0 to OriginXXXXX Stout BranchMile 0.0 to OriginXXXXX Vaught CreekMile 0.0 to OriginXXXXXX Town CreekAt Roan Creek (Mile 17.7); Mile 0.0 to 0.2XXXX Town CreekMile 0.2 to OriginXXXX Furnace CreekAt Town Creek (Mile 3.0); Mile 0.0 to OriginXXXXX Goose CreekAt Town Creek (Mile 3.0); Mile 1.5 to OriginXXXXX Patrick CreekAt Goose Creek (Mile 2.6); Mile 0.0 to OriginXXXX STREAMDESCRIPTION DOMIW SFALRECLWWIRRNAVTSNRTS Roan CreekMile 17.7 to OriginXXXXXX Corn CreekMile 0.0 to OriginXXXXX Forge CreekMile 0.0 to OriginXXXXX Brush Fork CreekMile 0.0 to OriginXXXXX Big Dry Run CreekMile 0.0 to OriginXXXXX Buffalo CreekMile 0.0 to OriginXXXXX Gap CreekMile 0.0 to OriginXXXXX South Fork Holston RiverMile 19.6 to 35.5 (above Bluff City)XXXXXX Muddy CreekAt S. F. Holston (Mile 25.5); Mile 0.0 to 2.6XXXX Booher CreekAt Muddy Creek (Mile 2.6); Mile 0.0 to OriginXXXX Muddy CreekMile 2.6 to OriginXXXX Unnamed BranchAt Muddy Creek (Mile 4.9); Mile 0.0 to OriginXXXX Beaver CreekAt S. F. Holston (Mile 29.6); Mile 0.0 to 9.1XXXXX Back (Beck) CreekAt Beaver Creek (Mile 6.1); Mile 0.0 to OriginXXXX Univac BranchAt Back Creek (Mile 0.5); Mile 0.0 to OriginXXXX Unnamed BranchAt Beaver Creek (Mile 7.3); Mile 0.0 to OriginXXXX Cedar CreekAt Beaver Creek (Mile 7.9); Mile 0.0 to OriginXXXX Beeler Road BranchAt Cedar Creek (Mile 3.2); Mile 0.0 to OriginXXXX Raytheon BranchAt Beeler Road Branch (Mile 1.2); Mile 0.0 to 0.2XXX Beaver CreekMile 9.1 to 15.3 (Tenn-Virginia Line)XXXXX Steele CreekAt Beaver Creek (Mile 11.0); Mile 0.0 to OriginXXXX Indian CreekAt S. F. Holston (Mile 35.0); Mile 0.0 to OriginXXXX Booher CreekAt Indian Creek (Mile 3.7); Mile 0.0 to OriginXXXX Unnamed BranchAt Booher Creek (Mile 0.6); Mile 0.0 to OriginXXXX South Fork Holston RiverMile 35.5 to South Holston DamXXXXXXX Unnamed BranchAt S. F. Holston (Mile 39.1); Mile 0.0 to OriginXXXX South Fork Holston RiverSouth Holston Dam to mile 62.8 (Virginia Line)XXXXXX Big CreekMile 0.0 to OriginXXXXX Kendrick CreekMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Fishdam CreekMile 0.0 to OriginXXXXX Sulphur Springs BranchMile 0.0 to OriginXXXXX Sharps CreekMile 0.0 to OriginXXXXX Little Jacobs CreekMile 0.0 to OriginXXXXXX Jacobs CreekAt S. F. Holston (Mile 59.8); Mile 0.0 to 3.4XXXXXXX Jacobs CreekMile 3.4 to 3.6XXXXXX Jacobs CreekMile 3.6 to OriginXXXXX Harpers CreekMile 0.0 to OriginXXXXX Rockhouse Run CreekMile 0.0 to OriginXXXXX Laurel CreekStateline to OriginXXXXX Beaverdam CreekStateline to OriginXXXXX London Bridge BrStateline to OriginXXXXX Reservoir BranchMile 0.0 to OriginXXXXX Stillhouse BranchMile 0.0 to OriginXXXXX Chalk BranchMile 0.0 to OriginXXXXX Chestnut BranchMile 0.0 to OriginXXXXX Haunted Hollow Br.Mile 0.0 to OriginXXXXX Fagall BranchMile 0.0 to OriginXXXXX Birch BranchMile 0.0 to OriginXXXXX Parks BranchMile 0.0 to OriginXXXXX David Blevin BranchMile 0.0 to OriginXXXXX Johnson BranchMile 0.0 to OriginXXXXX Jim Wright BranchMile 0.0 to OriginXXXXX Ledford BranchMile 0.0 to OriginXXXXX W. Fk BeaverdamMile 0.0 to OriginXXXXX M. Fk BeaverdamMile 0.0 to OriginXXXXX E. Fk BeaverdamMile 0.0 to OriginXXXXX Lyons BranchMile 0.0 to OriginXXXXX Gentry CreekMile 0.0 to OriginXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Dry BranchMile 0.0 to OriginXXXXX Grindstone BranchMile 0.0 to OriginXXXXX Flatwood BranchMile 0.0 to OriginXXXXX Corum BranchMile 0.0 to OriginXXXXX West Fork Laurel CreekMile 0.0 to OriginXXXXX All other surface tributaries named and unnamed in the Holston River Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.12 LOWER CUMBERLAND RIVER BASIN

STREAMDESCRIPTIONDOMIW SFALREC

LWWIRRNAV

TSNRTS

Cumberland RiverMile 74.6 (Ky-Tenn Line) to 118.3 (Cummings Cr.)XX XXXX X Saline CreekMile 0.0 to Hwy 120XXXXX Saline Creek Hwy 120 to Fort Campbell boundaryXX XXX X Saline CreekFort Campbell Boundary to OriginXXXX X Bear CreekMile 0.0 to Origin XXX X Long Creek Highway 49 to OriginXXXXX Elk CreekMile 0.0 to Origin XXXX Wells CreekMile 0.0 to OriginXXXX Yellow CreekMile 3.4 to Ruskin CaveXXXXX Cumberland RiverMile 118.3 to 125.3 (Red River)

XXXXXX

X Cumberland RiverMile 125.3 to 175.7 (Richland Creek)

XXXXXX

X Red RiverMile 0.0 to 2.0XXXX XX Red RiverMile 2.0 to 15.0XXXXX XX Red RiverMile 15.0 to 51.2 (Ky-Tenn Line)XXXXXX South Fork Red RiverMile 20.4 (Ky-Tenn Line) to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Big West ForkMile 0.0 to 14.6 (Ky-Tenn Line)XXXXX Little West ForkMile 0.0 to 10.4XXXXX Sulphur ForkMile 0.0 to 26.6XXXXXX Sulphur ForkMile 26.6 to 28.6XXXXX Sulphur ForkMile 28.6 to OriginXXXXXX Carr CreekMile 0.0 to OriginXXXX Red RiverMile 81.0 (Ky-Tenn Line) to OriginXXXXXX Summers BranchMile 0.0 to OriginXXXX Hurricane CreekMile 0.0 to OriginXXXX Sulphur Springs CrMile 0.0 to OriginXXXX Harpeth RiverMile 0.0 to 10.3XXXXXX Jones CreekMile 0.0 to OriginXXXXX Town BranchMile 0.0 to OriginXXXXX Harpeth RiverMile 10.3 to 52.8XXXXXX Trace CreekMile 0.0 to OriginXXXXX Turnbull CreekMile 0.0 to OriginXXXXXX Sullivans BranchMile 0.0 to OriginXXXXX Beaver Dam CreekMile to 0.0 to OriginXXXXX Gin BranchMile 0.0 to OriginXXXXX Brush CreekMile 0.0 to OriginXXXXX Harpeth RiverMile 52.8 to 55.8XXXXX Harpeth RiverMile 55.8 to 57.8XXXXX Harpeth RiverMile 57.8 to 61.9 (Little Harpeth)XXXXXX Little Harpeth RiverMile 0.0 to OriginXXXXX Harpeth RiverMile 61.9 to 68.3 (Cartwright Creek)XXXXX Cartwright CreekMile 0.0 to OriginXXXX Harpeth RiverMile 68.3 to 79.0XXXXXX West Harpeth RiverMile 0.0 to OriginXXXXXX Harpeth RiverMile 79.0 to 85.2XXXXX Spencer CreekMile 0.0 to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Harpeth RiverMile 85.2 to OriginXXXXXX Sycamore CreekMile 0.0 to 10.0XXXXXX Sycamore CreekMile 10.0 to OriginXXXXX Marrowbone CreekMile 0.0 to 3.0XXXXXX Marrowbone CreekMile 3.0 to OriginXXXXX Cumberland RiverMile 175.7 to 189.5XXXXXXX Richland CreekMile 0.0 to OriginXXXX Whites CreekMile 0.0 to OriginXXXXX Ewing CreekMile 0.0 to OriginXXXXX Cumberland RiverMile 189.5 to 216.2 (Old Hickory Dam)XXXXXXX Mill CreekMile 0.0 to 11.5XXXXX Mill CreekMile 11.5 to 23.0XXXX Mill CreekMile 23.0 to OriginXXXX Stones RiverMile 0.0 to 6.8XXXXXX Stoners CreekMile 0.0 to OriginXXXX McCrory CreekMile 0.0 to OriginXXXX Stones River (Percy Priest Res.)Mile 6.8 to 38.7 (Confluence-East & West Fork)XXXXXX Suggs CreekMile 0.0 to OriginXXXX Smith Springs CreekMile 0.0 to OriginXXXX Hurricane CreekMile 0.0 to OriginXXXX Stewart CreekMile 0.0 to OriginXXXX Harts BranchMile 0.0 to OriginXXXX Fall Creek & TributariesMile 0.0 to OriginXXXX East Fork Stones RiverMile 0.0 to 44.5 (Near Woodbury)XXXXXX Bradley CreekMile 0.0 to OriginXXXX Cripple CreekMile 0.0 to OriginXXXX East Fork Stones RiverMile 44.5 to 45.2XXXXX East Fork Stones RiverMile 45.2 to OriginXXXXXX West Fork Stones RiverMile 0.0 to 10.0XXXXXX Overall CreekMile 0.0 to OriginXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS West Fork Stones RiverMile 10.0 to 15.2XXXXX West Fork Stones RiverMile 15.2 to OriginXXXXXX Lytle CreekMile 0.0 to OriginXXXX Middle Fork StonesMile 0.0 to OriginXXXXXX Christmas CreekMile 0.0 to OriginXXXX Cumberland RiverMile 216.2 to 309.2 (Caney Fork River)XXXXXXX Drakes CreekMile 0.0 to 4.9XXXXXXX Drakes CreekMile 4.9 to OriginXXXX Smiths CreekMile 0.0 to OriginXXXX Cedar CreekMile 0.0 to 2.0XXXXXXX Cedar CreekMile 2.0 to OriginXXXX Spencer CreekMile 0.0 to 2.8XXXXXXX Spencer CreekMile 2.8 to OriginXXXX Bartons CreekMile 0.0 to OriginXXXX Sinking CreekMile 0.0 to OriginXXXX Big Goose CreekMile 0.0 to OriginXXXX Little Goose CreekMile 0.0 to OriginXXXX Round Lick CreekMile 0.0 to OriginXXXX All other surface waters named and unnamed in the Lower Cumberland River Basin (and Green River Basin), with the exception of wet weather conveyances, which have not been specifically noted shall be classified.XXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.13 UPPER CUMBERLAND RIVER BASIN

STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

Cumberland RiverMile 309.2 to 385.5 (Ky-Tenn Line)XXXXXXX Caney Fork RiverMile 0.0 to 25.4XXXXXXXX Mulherrin CreekMile 0.0 to OriginXXXX Hickman CreekMile 0.0 to OriginXXXX Smith Fork CreekMile 0.0 to Mile 3.0XXXXX Smith Fork CreekMile 3.0 to OriginXXXX Dry CreekMile 0.0 to OriginXXXXX Jones ForkMile 0.0 to OriginXXXXX Caney Fork RiverMile 25.4 to OriginXXXXXX Mine Lick CreekMile 0.0 to 5.0XXXXX Mine Lick CreekMile 5.0 to OriginXXXX Falling Water RiverMile 0.0 to 39.0XXXXX Falling Water RiverMile 39.0 to OriginXXXX Cane CreekMile 0.0 to OriginXXXX Pigeon Roost CreekMile 0.0 to OriginXXXX Fall CreekMile 0.0 to OriginXXXX Pine CreekMile 2.4 to OriginXXXXX Turner BranchMile 0.0 to 0.5XXXXX Sink CreekMile 4.6 to OriginXXXXX Collins RiverMile 0.0 to 43.0XXXXXX Mountain CreekMile 0.0 to 6.0XXXXX Charles CreekMile 0.0 to 9.0XXXXX Barren Fork RiverMile 0.0 to 4.5XXXX Barren Fork RiverMile 4.5 to OriginXXXXXXX Hickory CreekMile 19.0 to 24.0XXXXX W.F. Hickory CMile 0.0 to OriginXXXX Keel BranchMile 0.0 to OriginXXXX Hills CreekMile 0.0 to OriginXXXXX Collins RiverMile 43.0 to 49.0XXXXXX STREAM DESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Big CreekMile 0.0 to 6.0XXXXX Big CreekMile 6.0 to OriginXXXX Collins RiverMile 49.0 to OriginXXXX Caney Fork RiverMile 92.2 to OriginXXXXXX Rocky RiverMile 0.0 to 9.0XXXXXX Rocky RiverMile 9.0 to 13.0XXXXXXX Rocky RiverMile 13.0 to OriginXXXXXX Calfkiller RiverMile 0.0 to 14.1XXXXXX Calfkiller RiverMile 14.1 to 30.8XXXXXX Town CreekMile 0.0 to OriginXXXX Calfkiller RiverMile 30.8 to OriginXXXXXXX Cane CreekMile 1.0 to 8.0XXXXXXX Falls CreekMile 0.0 to OriginXXXX Cane CreekMile 8.0 to OriginXXXXXX Bee CreekMile 0.0 to 7.3XXXX Bee CreekMile 7.3 to OriginXXXXX Wilkerson CreekMile 0.0 to OriginXXXX Frey BranchMile 0.0 to OriginXXXX Roaring RiverMile 0.0 to 29.9XXXX Roaring RiverMile 29.9 to OriginXXXXX Spring CreekMile 0.0 to OriginXXXX Bear CreekMile 0.0 to OriginXXXX Carr CreekMile 0.0 to 4.2XXXX Carr CreekMile 4.2 to OriginXXXXX Town CreekMile 0.0 to OriginXXXX Goose CreekMile 0.0 to 12.0XXXXX Flynns CreekMile 0.0 to 5.0XXXXX Obey RiverMile 0.0 to 7.3XXXXXXX Neely CreekMile 0.0 to Origin (3.3 miles)XXXXX Wolf RiverMile 0.0 to Ky State LineXXXXX STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS Wolf RiverKy State Line to OriginXXXXX Town CreekMile 0.0 to OriginXXXX Obey RiverMile 7.3 to confluence of East and West ForksXXXXXX West Fork Obey RiverMile 0.0 to OriginXXXX East Fork Obey RiverMile 0.0 to OriginXXXXX Buffalo Cove CreekMile 0.0 to OriginXXXX Rock Castle CreekMile 0.0 to OriginXXXX Big South Fork Cumberland RiverMile 55.5 (Ky-Tenn Line) to Origin (Mile 77.0)XXXXXX No Business CreekUpper 4.0 milesXXXXX Parch Corn CreekUpper 1.5 milesXXXXX Station Camp CreekUpper 4.8 milesXXXXX Laurel Fork CreekUpper 4.9 milesXXXXX North White Oak CreekUpper 3.9 milesXXXXX Williams CreekUpper 7.6 milesXXXXX Pine CreekMile 0.0 to 10.5XXXX Pine CreekMile 10.5 to OriginXXXXX New RiverMile 0.0 to 15.0XXXX New RiverMile 15.0 to OriginXXXXX Clear Fork RiverMile 0.0 to OriginXXXX Elk Fork CreekMile 1.8 (KY Line) to OriginXXXXX All other surface waters named and unnamed, within the Upper Cumberland River Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Tenn. Comp. R. & Regs. 0400-40-04-.14 BARREN RIVER BASIN

STREAMDESCRIPTIONDOMIW SFALRECLWWIRRNAVTSNRTS

West Fork Drakes CreekMile 33.0 (stateline) to OriginXXXX Caney Fork CreekMile 0.0 to OriginXXXX Dry Fork CreekMile 0.0 to OriginXXXX Middle Fork Drakes CreekMile 22.2 (stateline) to OriginXXXXX Sulphur Fork Creek Mile 9.0 (stateline) to OriginXXXX Dutch CreekMile 0.0 to OriginXXXX Trammel CreekMile 30.7 (stateline) to OriginXXXX Little Trammel CreekMile 4.7 (stateline) to OriginXXXX Long CreekMile 14.6 (stateline) to OriginXXXX West Fork Long CreekMile 0.0 to OriginXXXX Puncheon CreekMile 4.3 (stateline) to OriginXXXX Unnamed Tributary Mile 0.0 to OriginXXXXX (Adams Spring)

Little Puncheon CreekMile 0.0 to OriginXXXX Spring CreekMile 0.0 to OriginXXXXX Salt Lick CreekMile 4.7 (stateline) to mile 6.8XXXX Salt Lick CreekMile 6.8 to mile 9.9XXXXX Salt Lick CreekMile 9.9 to OriginXXXX Long ForkMile 4.5 (stateline) OriginXXXX White Oak CreekMile 4.1 (stateline) to OriginXXXX Long Hungry CreekMile 0.0 to OriginXXXX Line CreekMile 14.2 (stateline) to OriginXXXX Trace CreekMile 0.0 to OriginXXXX Little Trace CreekMile 0.0 to OriginXXXX All other surface waters named and unnamed, within the Barren River Basin, with the exception of wet weather conveyances, which have not been specifically noted shall be classifiedXXXX

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-04. Amendments filed June 13, 2019; effective September 11, 2019. Amendments filed December 18, 2023; effective March 17, 2024.

Chapter 0400-40-05 Individual National Pollutant Discharge Elimination System (NPDES) Permits (Transferred from 1200-04-05)

Tenn. Comp. R. & Regs. 0400-40-05-.01 GENERAL

(1) Purpose A permit is designed to allow the holder thereof to conduct activities listed in T.C.A. § 69-3- 108 only after strict compliance with conditions and applicable effluent limitations. T.C.A. § 69-3-108 explicitly states when a permit is required, and what activities shall be unlawful without a permit. This chapter governs individual National Pollutant Discharge Elimination System (NPDES) permits only.

(2) Electronic Reporting This chapter requires the submission of forms developed by the Commissioner in order for a person to comply with certain requirements, including, but not limited to, making reports, submitting monitoring results, and applying for permits. The Commissioner may make these forms available electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.

Electronic submission is required when available unless waived by the Commissioner in accordance with 40 C.F.R. § 127.15 (2021).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.02 DEFINITIONS

All terminology not specifically defined herein shall be defined in accordance with the Water Quality Control Act of 1977, T.C.A. Title 69, Chapter 3, Part 1. When used in this chapter and in permits issued pursuant to this chapter, the following terms have the meanings given below unless otherwise specified:

(1) “Act” or “TWQCA” means the Water Quality Control Act of 1977, T.C.A. Title 69, Chapter 3,

Part 1.

(2) “Administrator” means the administrator of the United States Environmental Protection Agency (EPA), or an authorized representative.

(3) “Agricultural stormwater discharge” means a precipitation-related discharge of manure, litter or process wastewater from land areas under the control of an AFO where the manure, litter, or process wastewater has been applied in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater, as specified in parts (10)(a)7. through 10. of Rule

Tenn. Comp. R. & Regs. 0400-40-05-.03 EXCLUSIONS

(1) The following discharges do not require NPDES permits:

(a) Any introduction of pollutants from non-point source agricultural and silvicultural activities, including stormwater runoff from orchards, cultivated crops, pastures, range lands, and forest lands; and (b) Return flows from irrigated agriculture.

(2) Discharges into a septic tank connected only to a subsurface drain field do not require a state-issued permit under T.C.A. § 69-3-108.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.04 PROHIBITIONS

No permits shall be issued authorizing any of the following discharges:

(1) The discharge of any radiological, chemical, or biological warfare agent;

(2) The discharge of radioactive waste into waters (though this does not prohibit radioactivity from authorized discharges provided such discharge is in accordance with state water quality standards);

(3) Any discharge that the Secretary of the Army, acting through the chief of engineers, finds would substantially impair anchorage and navigation;

(4) Any discharge to which the Regional Administrator has objected in writing in a timely fashion according to Section 402(d)(2) of the federal CWA;

(5) Any discharge from a source with effluent limitations less stringent than those included in an approved area-wide waste treatment management plan;

(6) When the conditions of the permit do not provide for compliance with the applicable requirements of either the federal CWA or the Act; or (7) To a new source or a new discharger, if the discharge from its construction or operation will cause or contribute to the violation of water quality standards.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.05 PERMIT APPLICATION, ISSUANCE

(1) Any person who plans to engage or is engaging in any of the activities outlined in T.C.A. § 69-3-108(b) or (c) shall make application in writing to the Commissioner for a permit, or for modification of an existing permit; except where a person discharges into a publicly owned sewerage system or into a septic tank connected only to a subsurface drain field.

(2) Applicants shall complete and submit standard application forms supplied by the Commissioner together with such engineering reports, plans, and specifications as are required. The Commissioner may subsequently request additional reasonable information as required to make the permit decision. If an environmental impact statement is required by federal regulation, the Commissioner may require the applicant to pay for its preparation.

Processing of an application shall not be completed until all requested information has been submitted. The applicant will be provided a notice of completeness of the application and any resubmitted material within 30 days of a determination that such material constitutes a complete application. This provision does not preclude the Commissioner from later requesting additional information that, after the notice of completeness is issued, is determined to be necessary for permit processing.

(3) Applicants proposing a new or increased discharge of pollutants to surface waters shall include in the application a consideration of alternatives, including, but not limited to, land application, beneficial reuse of the wastewater, and, for proposed increased discharges, reduction of inflow and infiltration.

(4) Completed applications for new or increased discharges, or for substantial changes in the nature or frequency of existing permitted discharges, shall be submitted no later than 180 days in advance of the date on which the discharge is to commence or change, unless permission for a later application date has been granted by the Commissioner in writing.

Persons proposing a new discharge are encouraged to submit their applications well in advance of the 180-day requirement to avoid delay.

(5) All permittees with currently effective permits shall submit a new application 180 days before the existing permit expires, except that the Commissioner may grant written permission to submit an application later than the deadline for submission otherwise applicable, but no later than the permit expiration date.

(6) Applications shall be submitted and signed in accordance with the following:

(a) For a corporation, by a:

Responsible corporate officer, i.e., a president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation;
Manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility to assure long term environmental compliance with environmental laws and regulations; or 3. Person in a corporate position to whom signatory authority has been delegated by a corporate officer.

(b) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively.

Principal executive officer (i.e., the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency); or 2. Ranking elected official.

(7) The Commissioner may agree with the Regional Administrator on the exchange of completed applications and other information.

(8) The Commissioner will not authorize the construction, installation, or modification of any treatment works, or part thereof, or any extension or addition thereto until after the end of the public comment period as outlined in Rule 0400-40-05-.06.

(9) The Commissioner shall issue permits only to persons. Private corporations, limited liability companies, or limited liability partnerships must be in good standing with the Tennessee Secretary of State to be eligible for permit coverage. Out-of-state corporations, limited liability companies, or limited liability partnerships must be registered with the Tennessee Secretary of State to be eligible for permit coverage.

(10) The Commissioner shall not issue a permit or renewal of a permit to an applicant unless all fees required by T.C.A. Title 68, Chapter 203 have been paid in full.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.06 NOTICE AND PUBLIC PARTICIPATION

(1) For an individual application for a new or increased discharge, the applicant shall notify the public of the application by posting a sign near the point of entrance to such facility and within view of a public road. The sign shall contain provisions as specified by the Commissioner.

The sign shall be of such size that is clearly visible from the public road. Also, the sign shall be maintained for at least 30 days following submittal of the application to the Division.

(2) Each completed application (or request for permit action) shall be evaluated and a tentative determination of whether to issue or deny a permit action shall be made. If a tentative determination is made to issue a permit, then a draft permit shall be prepared that includes, as applicable, proposed effluent limitations, a proposed schedule of compliance, including interim dates and requirements, and a brief description of any other proposed conditions. A rationale, as defined in paragraph (3) of this rule, shall also be provided along with the draft permit. The Commissioner may attach other relevant information as necessary.

(3) For each application, the Commissioner shall prepare a rationale that includes or considers as appropriate:

(a) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted, or discharged;

(b) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and relevant facts or data;

(d) The location of the discharge or activity described in the application;

(e) A quantitative and qualitative description of the discharge described in the application, which includes at least the following:

The rate or frequency of the proposed discharge; if the discharge is continuous, the average and maximum daily flow in gallons per day or million gallons per day;
For thermal discharges subject to limitation, the average and maximum summer and winter temperature;
The average and maximum daily discharge in pounds per day and/or concentrations in units of mass per volume of any pollutants which are present in significant quantities or which are subject to limitations or prohibition under the provisions of T.C.A. Title 69, Chapter 3, Part 1 or this rule; and 4. Other parameters for which control may be required by the Commissioner;

(f) Any calculations or other necessary explanation of the derivation of specific effluent limitations and conditions including a citation to the applicable effluent limitation guideline, performance standard, reasons why they are applicable, or an explanation of how the alternate effluent limitations were developed;

(g) Identification of outfalls, pollutants, and the amount of pollutants disclosed by the permit applicant and within the Department’s reasonable contemplation;

(h) When the draft permit contains any of the following conditions, an explanation of the reasons why such conditions are applicable:

Technology-based limitations to control toxic pollutants;
Limitations on internal waste streams;
Limitations on indicator pollutants; or 4. Limitations set on a case-by-case basis;

(i) The tentative determination regarding the discharge;

(j) A brief citation, including a brief identification of the uses for which the receiving waters have been classified, of the water quality standards and effluent standards and limitations applied to the proposed discharge;

(k) A fuller description of the procedures for the formulation of final determinations than that given in the public notice including:

The beginning and ending dates of the 30-day comment period required by this

rule;

The address where comments will be received;
Procedures for requesting a public hearing and the nature thereof; and 4. Any other procedures by which the public may participate in the formulation of the final determinations;

(l) Name and telephone number of a person to contact for additional information.

(4) The Commissioner shall ensure that the public is notified that the following actions have occurred:

(a) A permit application has been tentatively denied;

(b) A draft permit has been prepared;

(5) No public notice is required:

(a) When a request for permit modification, revocation and reissuance, or termination is denied based on the Commissioner’s determination that the request was not justified (written notice of that denial shall be given to the requester and to the permittee); or (b) For minor permit modifications which include corrections of typographical errors, requiring more frequent monitoring or reporting, changing an interim compliance date, or allowing a change of ownership.

(6) Public notices may describe more than one permit or permit actions.

(7) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under this rule shall allow at least 30 days for public comment.

(8) Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit, and the two notices may be combined.

(9) To inform interested and potentially interested persons of the proposed discharge and of the tentative determinations regarding it, public notice shall be circulated within the geographical area of the proposed discharge by the following means:

(a) For major facility NPDES permits and public hearings, publishing in local daily or weekly newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation;

(b) For all permits, by mailing (either electronically or physically) a copy of the notice to the following persons:

The applicant;
Any other agency that the Director knows has issued, or is required to issue other permits for the same facility or activity;
Federal and state agencies with jurisdiction over fish and wildlife resources and historic preservation;
Any affected states and Indian Tribes;
Any state agency responsible for plan development under CWA section 208(b)(2), 208(b)(4) or 303(e), the U.S. Army Corps of Engineers, and the U.S.

Fish and Wildlife Service;

Any user identified in the permit application of a privately owned treatment works;
Persons on a mailing list developed by:

(i) Including those who request in writing to be on the list;

(ii) Soliciting persons for ‘‘area lists’’ from participants in past permit proceedings in that area; and (iii) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press, newsletters, environmental bulletins, or state law journals. The Commissioner may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Commissioner may delete from the list the name of any person who fails to respond to such a request;

To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and 9. To each state agency having any authority under state law with respect to the construction or operation of such facility; and (c) If determined necessary by the Commissioner, any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases, website postings, signs, or any other forum or medium to elicit public participation.

(10) Public notice of draft permits or proposed permit denials shall include the following:

(a) Name and address of the Division, and the phone number and electronic mail address of the assigned permit writer;

(b) Name and location address of each applicant;

(c) Brief description of each applicant’s activities or operations which result in the discharge described in the application or are adjacent to waters (e.g., municipal waste treatment plant, steel manufacturing, drainage from mining activities);

(d) Name of waterway to which each discharge is made and a short description of the location of each discharge on the waterway indicating whether such discharge/activity is new or existing;

(e) A statement of the tentative determination to issue or deny a permit for the discharge described in the application;

(f) A brief description of the procedures for the formulation of final determinations, including the minimum 30-day comment period required by this rule and any other means by which interested persons may influence or comment upon those determinations;

(g) Instructions for finding additional information online;

(h) Address and phone number of the premises at which interested persons may obtain further information, request a copy of the draft permit, request a copy of the rationale, and inspect and copy forms and related documents; and (i) Any other information that the Commissioner deems necessary.

(11) Interested persons may submit written comments on the tentative determinations within either 30 days of public notice or such greater period as the Commissioner allows in writing. All written comments submitted shall be retained and considered in the final determination. The Commissioner shall give any state or interstate agencies whose waters will be affected a written explanation of the decision not to incorporate any written recommendation made by that state or agency.

(12) Interested persons may request in writing that the Commissioner hold a public hearing on any application. The request shall be filed as soon as practicable within the period allowed for public comment and shall indicate the interest of the party filing it and the reasons why a hearing is warranted. If there is a significant public interest in having a hearing to address water quality concerns, the Commissioner shall hold one in the geographical area of the proposed discharge. Instances of doubt should be resolved in favor of holding the hearing.

(13) Special provisions regarding public notices for public hearings.

(a) In addition to the public notice procedures of paragraph (9) of this rule, notice of public hearing shall be sent to all persons who received a copy of the notice or rationale for the application, any person who submitted comments on the draft permit action, all persons who requested the public hearing, and any person who specifically requests a copy of the notice of hearing.

(b) Each notice of a public hearing shall include at least the following contents:

Name and address of the Division, and the phone number and electronic mail address of the assigned permit writer;
Name and address of each applicant whose application will be considered at the hearing;
Name of waterway to which each discharge is made or to which each activity is adjacent and a short description of the location of each discharge on the waterway indicating whether such discharge/activity is new or existing;
A brief reference to the public notice issued for each application, including identification number and date of issuance;
Information regarding the time and location for the hearing;
The purpose of the hearing;
A concise statement of the issues raised by the persons requesting the hearing;
Address and phone number of premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents;
A brief description of the nature of the hearing, including the rules and procedures to be followed; and 10. Any other information deemed necessary by the Commissioner.

(14) Public notice of Commissioner’s decision to issue or deny a permit.

The Commissioner shall notify the applicant in writing of the final permit decision. The Commissioner shall provide public notice of the final permit decision by posting a notice on the Division’s website including a copy of the final permit. The Commissioner may also distribute the notice by any other means reasonably calculated to inform interested persons, including any person who participated in the public comment period, of the final permit decision.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.07 TERMS AND CONDITIONS OF PERMITS

(1) When a permit is granted it shall be subject to the provisions of the Act, these rules, and any special terms or conditions the Commissioner determines are necessary to fulfill the purposes or enforce the provisions of the Act.

(a) The terms and conditions of each permit shall ensure compliance with applicable effluent limitations, including schedules of compliance, promulgated by the Board. If more stringent effluent limitations are necessary to implement applicable water quality standards, to avoid conflict with an approved area-wide waste treatment management plan, or to comply with other state or federal laws or regulations, then they should be imposed in the permit.

(b) If the permit is for the discharge of pollutants from a vessel or other floating craft, the permit shall ensure compliance with any applicable regulations promulgated by the Secretary of the department in which the Coast Guard is operating, establishing specifications for safe transportation, handling, carriage, storage, and stowage of pollutants.

(c) In the application of effluent standards and limitations, water quality standards, and other legally applicable requirements, the Commissioner may, for each issued permit, specify average and maximum daily quantitative limitations for the level of pollutants in the authorized discharge in terms of weight (except pH, temperature, radiation, and any other pollutants not appropriately expressed by weight). The Commissioner may, in addition to the specifications of daily quantitative limitations by weight, specify daily average and daily maximum concentration limits for those pollutants subject to limitation. In addition, limitations expressed in other terminology may be required when necessary to protect water quality or to describe adequate operation of a treatment facility.

(2) The following standard conditions, where appropriate, apply to NPDES permits :

(a) Duty to comply.

The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.

(b) Duty to reapply.

If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit.

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances, including but not limited to collection and conveyance systems) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Low pressure pumps, low pressure tanks, septic tank effluent pumps (STEP), STEP tanks, and septic tank effluent gravity tanks are integral to the treatment and conveyance of sewage in a lowpressure system design, and shall be owned or under control of the municipality, other body of government, public utility district, or a privately owned public utility demonstrating lawful jurisdiction over the service area. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems, which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.

(d) Permit actions.

This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. Causes for such permit action include but are not limited to the following:

Violation of any terms or conditions of the permit;
Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; and 3. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

(e) Property rights.

This permit does not convey property rights of any sort, or any exclusive privilege.

(f) Duty to provide information.

The permittee shall furnish to the Commissioner, within a reasonable time, any information which the Commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Commissioner, upon request, copies of records required to be kept by this permit.

(g) Inspection and entry.

The permittee shall allow the Commissioner, or an authorized representative, upon presentation of credentials and other documents as may be required by law, to:

Enter upon the permittee’s premises where a regulated facility or activity is located or conducted, or where records shall be kept under the conditions of this permit;
Have access to and copy, at reasonable times, any records that shall be kept under the conditions of this permit;
Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Commissioner.

(h) Monitoring, records, and reporting.

Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the Director at any time.

Records of monitoring information shall include:

(i) The date, exact place, and time of sampling or measurements;

(ii) The individual(s) who performed the sampling or measurements;

(iii) The date analyses were performed;

(iv) The individual(s) who performed the analyses;

(v) The laboratory where the analyses were performed;

(vi) The analytical techniques or methods used; and (vii) The results of such analyses.

Monitoring shall be conducted according to test procedures approved under 40 C.F.R. Part 136 (2021), unless another method is required under 40 C.F.R.

Subchapters N or O (2021).

Regular reporting (at a frequency of not less than once per year) to assure that compliance is being achieved will normally be required of the discharger in any permit as indicated below:

(i) Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or forms provided or specified by the Commissioner.

(ii) If the permittee monitors any pollutant more frequently than required by the permit using test procedures approved under 40 C.F.R. Part 136 (2021), or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or other reporting form specified by the Commissioner.

(iii) Calculations for all limitations, which require averaging of measurements, shall utilize an arithmetic mean unless otherwise specified in the permit.

(i) Signatory requirement.

All reports or information submitted to the Commissioner shall be signed and certified by the persons identified in subparagraphs (6)(a) through (c) of Rule 0400-40-05-.05, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

The authorization is made in writing by a person identified in subparagraphs (6)(a) through (c) of Rule 0400-40-05-.05;
The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facilit y or activity or an individual or position having overall responsibility for environmental matters for the company; and 3. The written authorization is submitted to the Commissioner.

(j) Planned changes.

The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

The alteration or addition to a permitted facility is considered a new source as defined in Rule 0400-40-05-.02;
The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged; or 3. The alteration or addition results in a significant change in the permittee’s sludge use or disposal practices.

(k) Transfers.

Individual permits are not transferable to any person except after notice to the Commissioner, as specified below. The Commissioner may require modification or revocation and reissuance of the permit to change the name of the permittee.

The permittee notifies the Commissioner of the proposed transfer at least 30 days in advance of the proposed transfer date.
The notice includes a written agreement between the existing and new permittees containing a specified date for transfer of permit responsibility, coverage, and liability between them.
The permittee shall provide the following information to the Commissioner in the permittee’s formal notice of intent to transfer ownership:

(i) The permit number of the subject permit;

(ii) The effective date of the proposed transfer;

(iii) The name and address of the transferor;

(iv) The name and address of the transferee;

(v) The names of the responsible parties for both the transferor and transferee;

(vi) A statement that the transferee assumes responsibility for the subject permit;

(vii) A statement that the transferor relinquishes responsibility for the subject permit;

(viii) The signatures of the responsible parties for both the transferor and transferee pursuant to the signatory requirements of subparagraph (i) of this paragraph; and (ix) A statement regarding any proposed modifications to the facility, its operations, or any other changes, which might affect the permit, limits, and conditions contained in the permit.

(l) Bypass, as defined in Rule 0400-40-05-.02, is prohibited unless:

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 3. (i) For anticipated bypass, the permittee submits prior notice, if possible at least ten days before the date of the bypass; or (ii) For unanticipated bypass, the permittee submits notice of an unanticipated bypass within 24 hours from the time that the permittee becomes aware of the bypass.

(m) A bypass that does not cause effluent limitations to be exceeded may be allowed only if the bypass is necessary for essential maintenance to assure efficient operation. The permittee must sample and report the discharge during each bypass to demonstrate that the bypass does not cause effluent limitations to be exceeded.

(n) 1. For publicly owned treatment works (POTW) or domestic wastewater treatment plants, sanitary sewer overflows, including dry-weather overflows and wet weather overflows, are prohibited. Releases caused by improper operation and maintenance, which is to be determined by the Commissioner based on the totality of the circumstances, are prohibited.

For industrial dischargers, the discharge of pollutants from any location other than a permitted outfall is prohibited.

(o) Twenty-four hour reporting.

In the case of any noncompliance, or any release (whether or not caused by improper operation and maintenance), which could cause a threat to human health or the environment, the permittee shall:

Report the noncompliance or release to the Commissioner within 24 hours from the time the permittee becomes aware of the circumstances. Such noncompliance or release includes, but is not limited to, any unanticipated bypass exceeding any effluent limitation, any upset exceeding any effluent limitation, and violations of any maximum daily effluent limitation identified in the permit as requiring 24-hour reporting.
Submit a written report within five days of the time the permittee becomes aware of the noncompliance. The permittee shall provide the following information:

(i) A description of, and the cause of the noncompliance or release;

(ii) The period of noncompliance or release, including start and end dates and times or, if not corrected, the anticipated time the noncompliance or release is expected to continue;

(iii) The steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance or release; and (iv) For POTWs or domestic wastewater treatment plants, reporting any dry weather overflow, wet weather overflow, dry weather release, wet weather release, combined sewer overflow, or bypass, this written report must also include the following:

(I) Type of event;

(II) Type of sewer overflow, release, or bypass structure (e.g., manhole, combined sewer overflow outfall);

(III) Estimated volume (gallons);

(IV) Types of human health and environmental impacts;

(V) Location (latitude and longitude);

(VI) Estimated duration (hours);

(VII) The next downstream pump station (for overflows and releases only); and (VIII) The name of receiving water (if applicable).

Industrial dischargers that do not treat domestic waste shall comply with subpart 2.(iv) of this subparagraph with respect to bypasses only.

(p) Other noncompliance.

All permittees shall report each instance of noncompliance or any release (whether or not caused by improper operation and maintenance), not reported under subparagraph (o) of this paragraph at the time of submitting the next routine monitoring report, including all information required by subparts (o)2.(i), (ii), and (iii) of this paragraph.
In addition to the information required by part 1. of this subparagraph, POTWs and domestic wastewater treatment plants shall submit a written report containing the information required by subpart (o)2.(iv) of this paragraph. If these events are caused by an extreme weather event, the Commissioner may provide a written waiver of some or all of these reporting requirements.
In addition to the information required by part 1. of this subparagraph, industrial dischargers shall submit a written report of bypasses containing the information required by subpart (o)2.(iv) of this paragraph. This part does not relieve industrial dischargers from any applicable reporting requirements of 40 C.F.R.

Part 117 (2021) and 40 C.F.R. Part 302 (2021).

(q) 1. An upset shall constitute an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the permittee demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(i) An upset occurred and that the permittee can identify the cause(s) of the upset;

(ii) The permitted facility was at the time being operated in a prudent and workman-like manner and in compliance with proper operation and maintenance procedures;

(iii) The permittee submitt ed inf ormation required under “Reporting of Noncompliance” within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission shall be provided within five days); and (iv) The permittee complied with any remedial measures required under “Adverse Impact.”

In any enforcement proceeding, the permittee seeking to establish the affirmative defense of an upset has the burden of proof.

(r) The permittee shall take all reasonable steps to minimize any adverse impact to the waters of Tennessee resulting from noncompliance with this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying discharge. It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(s) Industrial/mining dischargers shall notify the Commissioner as soon as they know or have reason to believe:

That any activity has occurred or will occur which would result in the discharge on a routine or frequent basis, of any toxic substance(s) (listed at 40 C.F.R. Part 122 (2021), Appendix D, Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following “notification levels”:

(i) 100 micrograms per liter (100 μg/l);

(ii) 200 micrograms per liter (200 μg/l) for acrolein and acrylonitrile; 500 micrograms per liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-4,6dinitrophenol; and 1 milligram per liter (1 mg/L) for antimony;

(iii) Five times the maximum concentration value reported for that pollutant in the permit application; or (iv) The level established by the Commissioner.

That any activity has occurred or will occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following “notification levels”:

(i) 500 micrograms per liter (500 μg/l);

(ii) 1 milligram per liter (1 mg/L) for antimony;

(iii) 10 times the maximum concentration value reported for that pollutant in the permit application; or (iv) The level established by the Commissioner.

(t) If the permit is for a discharge from a publicly owned treatment works (POTW), the permittee shall provide notice to the Commissioner of the following:

Any new introduction of pollutants into such treatment works from a source which would be a new source subject to new source performance standards if such source were discharging pollutants;
Except as to such categories and classes of sources or discharges specified by the Commissioner, any new introduction of pollutants into such treatment works from a source which would be required to obtain a permit if such source were discharging pollutants;
Any substantial change in volume or character of pollutants being introduced into such treatment works by a source introducing pollutants into such works at the time of issuance of the permit; and 4. Such notice shall include information on:

(i) The quality and quantity of effluent to be introduced into such treatment works; and (ii) Any anticipated impact of such change in the quantity or quality of effluent to be discharged from such publicly owned treatment works.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.08 EFFLUENT LIMITATIONS AND STANDARDS

(1) Effluent standards and limitations shall be formulated in accordance with the following requirements:

(a) For existing sources, other than publicly owned treatment works, technology-based effluent limitations shall be designed to require application of the best practicable control technology currently available or application of the best available technology economically achievable, as applicable in accordance with requirements of Section 301 (b)(2)(A), Federal Water Pollution Control Act, PL 92-500.

(b) For new sources, technology-based effluent limitations shall require the greatest degree of effluent reduction achievable through application of the best available demonstrated control technology, which shall be new source performance standards, if available.

(d) Toxic effluent limitations shall be based on consideration of the toxicity of the pollutant, its persistence, its degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms, and the nature and extent of the effect of the toxic pollutant on such organisms.

(e) Pretreatment standards shall be designed to prevent the introduction into publicly owned treatment works of those pollutants that may interfere with, pass through, or otherwise be incompatible with such works.

(f) All effluent limitations or standards shall be at least as stringent as any minimum standards promulgated by the Administrator and currently effective under the Federal Water Pollution Control Act, P.L. 92-500 as amended or any subsequent applicable acts.

(g) All pollutants shall receive treatment or corrective action to ensure compliance with effluent limitations established by the U.S. Environmental Protection Agency pursuant to Sections 301 and 302 and standards of performance for new sources pursuant to

Section 306, effluent limitations and prohibitions and pretreatment standards pursuant to Section 307 of the Federal Water Pollution Control Act as amended, PL 92-500; also to ensure compliance with any approved water quality standard, or avoid conflict with an approved area-wide waste treatment management plan prepared according to

Section 208 of the Federal Water Pollution Control Act as amended, PL 92-500.

(h) Any schedules of compliance under this rule shall require compliance as soon as possible, but not later than the applicable statutory deadline under the federal law.

When the Division establishes a compliance schedule, it shall consider the technical and economic feasibility of waste treatment, recovery, or adjustment of the method of discharge. Any such schedule of compliance shall require compliance with an enforceable final effluent limitation as soon as possible and include a final compliance date. If compliance will take longer than one year, the schedule of compliance shall establish enforceable interim requirements, establish dates for compliance with these requirements that are no longer than one year apart, and require reporting of interim compliance actions within 14 days of the applicable deadline. If the time necessary for completion of any requirement is more than one year and the requirement is not readily divisible into stages for completion, the permit shall require, at a minimum, specified dates for annual submission of progress reports on the status of interim requirements.

(i) Best management practices to control or abate the discharge of pollutants when numeric effluent limitati ons are infeasible and the practices are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of TWQCA.

(j) 1. When a permit is renewed or reissued, effluent limitations, standards or conditions shall be at least as stringent as the effluent limitations, standards, or conditions in the previous permit unless:

(i) The circumstances on which the previous permit was based have materially and substantially changed since the time the permit was issued and would constitute cause for permit modification or revocation and reissuance;

(ii) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of a less stringent effluent limita tion;

(iii) Information is available which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation at the time of permit issuance;

(iv) Technical mistakes or mistaken interpretations of law were made in issuing the permit;

(v) A less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy; or (vi) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved.

In no event may a permit be renewed, reissued, or modified to contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified.
In no event may a permit be renewed, issued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of a water quality standard.

(k) All permit effluent limitations, standards, and prohibitions shall be established for each outfall or discharge point of the permitted facility, except as otherwise provided for best management practices (BMPs) where limitations on effluent or internal waste streams are infeasible.

(l) In the case of POTWs or domestic wastewater treatment plants, permit effluent limitations, standards, or prohibitions shall be calculated based on design flow.

(m) For continuous discharges, all permit effluent limitations, standards, and prohibitions shall be expressed as maximum daily, weekly average (for POTWs only), and monthly average, unless impracticable.

(n) Non-continuous discharges shall be limited in terms of frequency, total mass, maximum rate of discharge, and mass or concentrations of specified pollutants, as appropriate.

(o) Any permit limitations, standards, or prohibitions based on production shall be based upon a reasonable measure of actual production.

For new sources or dischargers, actual production shall be estimated from projected production.
The time period of the measure of production shall correspond to the time period of the resulting permit limits. For example, monthly production levels shall be used to calculate monthly average permit limits.

(p) All permit effluent limitations, standards, or prohibitions for a metal shall be expressed as “total recoverable metal” unless a promulgated effluent guideline or an applicable, water quality criterion specifies otherwise.

(q) When permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible, effluent limitations or standards for discharges of pollutants may be imposed on internal waste streams before mixing with other waste streams or cooling water streams. In those instances, the monitoring required shall also be applied to the internal waste streams. Limits on internal waste streams will be imposed only when the rationale sets forth the exceptional circumstances which make such limitations necessary, such as when the final discharge point is inaccessible (for example, under water), the wastes at the point of discharge are so diluted as to make monitoring impracticable, or the interferences among pollutants at the point of discharge would make detection or analysis impracticable.

(r) Instantaneous maximum concentration or similar limitations may be imposed in permits when:

Toxic or harmful parameters are present in such significant amounts or concentrations as to represent a threat to the possibility of maintaining receiving waters in accordance with established classifications; and 2. The discharge is characterized as irregular, such as high peak, short duration flow.

(s) Any discharge or activity authorized by a permit that is not a minor facility discharge or activity, or the Regional Administrator requests, in writing, be monitored, or contains a toxic pollutant for which an effluent standard has been established shall be monitored by the permittee for the following:

Flow (in million gallons per day); and 2. Any of the following pollutants:

(i) Pollutants (either directly or indirectly through the use of accepted correlation coefficients or equivalent measurements determined to be applicable to the discharge to which they are applied) that are subject to reduction or elimination under the terms and conditions of the permit;

(ii) Pollutants that the Commissioner finds, on the basis of information available, could have a significant impact on the quality of waters;

(iii) Pollutants specified by the Administrator, in regulations issued pursuant to the Federal Water Pollution Control Act, as subject to monitoring; and (iv) Any pollutants, in addition to those identified in subparts (i) through (iii) of this part, that the Regional Administrator or the Commissioner request be monitored.

(t) If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established for a toxic pollutant that is present in the permittee’s discharge and such standard or prohibition is more stringent than any limitation upon such pollutant in the permit, the Commissioner shall revise or modify the permit in accordance with established procedure to include the toxic effluent standard or prohibition and so notify the permittee.

(u) The Commissioner may require flow monitoring in other situations where necessary to comply with the Act.

(v) If non-potable reuse of reclaimed wastewater is utilized in association with an NPDESauthorized discharge, the NPDES permit shall impose conditions in accordance with the requirements of Rule 0400-40-06-.10, unless the reuse is separately governed by a state operating permit.

(2) All discharges authorized by the permit shall be consistent with the terms and conditions of the permit. Facility expansions, production increases, or process modifications that result in new or increased discharges of pollutants shall be reported by submission of a new application or, if such discharge does not violate effluent limitations specified in the permit, by submission to the Commissioner of notice of such new or increased discharges of pollutants.

The discharge of any pollutant more frequently than or at a level in excess of that authorized by the permit shall constitute a violation of the terms and conditions of the permit.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed May 24, 2018; effective August 22, 2018. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.09 TECHNOLOGY-BASED EFFLUENT LIMITATIONS

Permits shall impose the following technology-based effluent limitations, unless more stringent water quality-based effluent limitations are required for these pollutants:

(1) Municipal and domestic wastewater treatment plants shall be limited by application of monthly average concentrations, weekly average concentrations, daily maximum amounts, and daily maximum concentrations of the five day, 20°C biochemical or carbonaceous biochemical oxygen demand (BOD or CBOD ) and suspended solids. In some cases, the daily maximum amount may be replaced by a minimum daily percent removal requirement.

Limitations on chlorine residual may be required to prevent harmful amounts of chlorine discharge to the receiving waters. In addition, where harmful materials are acquired in a collection system, effluent limitations applicable to the treatment system will be required for such parameters. The Commissioner may adjust these effluent limitations in accordance with 40 C.F.R. § 133.103(b) (2021).

(a) Conventional secondary treatment plants.

Parameter Monthly Average (mg/l)

Weekly Average (mg/l)

Daily Maximum (mg/l)

Monthly Average % Removal BOD or CBOD 30/25 40/35 45/40 85 TSS 30 40 45 85 The concentration of settleable solids shall not exceed 1.0 ml/l as measured by the standard one-hour Imhoff cone test.

(b) Domestic waste stabilization lagoons.

Parameter Monthly Average (mg/l)

Weekly Average (mg/l)

Daily Maximum (mg/l)

Monthly Average % Removal BOD /CBOD 45/40 50/45 65/60 65 TSS 100 110 120 n/a (2) Industrial discharges.

(a) For industrial discharges with applicable federal effluent limitations guidelines, technology-based effluent limitations and standards in accordance with those guidelines shall be applied.

(b) For industrial discharges without applicable federal effluent limitations guidelines, best professional judgment should be employed to establish appropriate effluent limitations and standards.

(c) A combination of the limita tions derived from subparagraphs (2)(a) and (b) of this rule may be established in a permit, as applicable.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.10 WATER QUALITY-BASED PERMITTING

(1) Water quality-based effluent limitations shall be required for pollutants that would otherwise cause, or have the reasonable potential to cause or contribute to, a violation of the criteria established by the General Water Quality Criteria, Chapter 0400-40-03, as applicable.

(2) Effluent limitations on toxic substances will be required in accordance with the General Water Quality Criteria, Chapter 0400-40-03, using the LC and/or IC criteria and appropriate application factor for each toxic parameter.

(3) Appropriate limitations on organic related and other oxygen demanding parameters will be required in any permit to insure adequate dissolved oxygen in the state’s waters in accordance with the General Water Quality Criteria, Chapter 0400-40-03.

(4) Water quality-based effluent limitations may be required in any permits to ensure compliance with the Antidegradation Statement, Rule 0400-40-03-.06.

(5) Water quality-based effluent limitations shall be consistent with the assumptions and requirements of any applicable wasteload allocation for the discharge established in a total maximum daily load (TMDL) approved or issued by the Administrator.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.11 DURATION AND REISSUANCE OF PERMITS

(1) Each permit shall have a fixed term not to exceed five years, which shall be stated in the permit.

(2) Any permittee who wishes to continue to discharge or operate after the expiration date of the permit shall apply for reissuance in accordance with the provisions of Rule 0400-40-05-.05.

Timely receipt of a completed application for an NPDES permit is necessary for permit continuance. However, the Commissioner, at his or her discretion, may accept alternative submittal materials.

(3) The Commissioner shall review the permit and other available information to ensure:

(a) That the permittee is in compliance with or has substantially complied with all terms, conditions, requirements, and schedules of compliance of the expiring or expired permit;

(b) That the Commissioner has up-to-date information on the permittee’s production levels, permittee’s waste treatment practices, nature, contents, and frequency of permittee’s discharge, pursuant to monitoring records and reports submitted to the Commissioner by the permittee; and (c) That the permit is consistent with applicable effluent standards and limitations guidelines, water quality standards, and other legally applicable requirements including any additions to, or revisions or modifications of such effluent standards and limitations guidelines, water quality standards, or other legally applicable requirements during the term of the permit.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.12 APPEALS

(1) Permittees, applicants for permits, and aggrieved persons meeting the criteria of paragraph (3) of this rule who disagree with the denial, terms, or conditions of a permit may seek review of the Commissioner’s decision by the Board pursuant to T.C.A. § 69-3-105(i) and § 69-3- 110.

(2) All petitioners shall specify the basis for their appeal and state a claim for relief based on an alleged inconsistency with the Act or the rules promulgated thereunder. Permittees and applicants for permits shall specify what terms or conditions they are appealing in their petition. Only those terms or conditions specified in the petition will be considered subject to appeal. For permit modifications, only those terms that were the subject of the modification may be appealed. Aggrieved persons shall specify facts sufficient to establish that they have satisfied the criteria of paragraph (3) of this rule and otherwise have standing to appeal.

(3) In order to be entitled to a review of the Commissioner’s permit decision, aggrieved persons shall have:

(a) Submitted a written comment during the public comment period on the permit;

(b) Given testimony at a formal public hearing on the permit; or (c) Attended a public hearing as evidenced by completion of a Department of Environment and Conservation Record of Attendance Card or other method as determined by the Commissioner.

(4) The basis for the appeal for aggrieved persons may only include issues that:

(a) Were provided to the Commissioner in writing during the public comment period;

(b) Were provided in testimony at a formal public hearing on the permit; or (c) Arise from any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment.

(5) All petitions for permit appeals shall be filed within 30 days after the date that public notice of the Commissioner’s decision to issue or deny the permit is given in accordance with paragraph (14) of Rule 0400-40-05-.06.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.13 ADOPTION OF EPA-ISSUED PERMITS

The Commissioner may adopt and enforce permits that have been previously issued by the United States Environmental Protection Agency under the National Pollutant Discharge Elimination System established by Public Law 92-500. When such NPDES permit previously issued by the Environmental Protection Agency has been adopted by the State of Tennessee, any permit issued previously for the same discharge by the Commissioner shall become null and void. In any instance where the Commissioner has not adopted an existing NPDES permit and a discharge is not authorized by a Tennessee permit, the Commissioner may require the discharger to apply for a Tennessee permit and otherwise comply with Tennessee law. Permits previously issued pursuant to T.C.A. § 69-3-108 shall remain in full force and effect until replaced by an NPDES Permit transferred to the state or issued by the state.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.14 ANIMAL FEEDING OPERATIONS

(1) In addition to the applicable provisions of Rules 0400-40-05-.01 through 0400-40-05-.13, CAFOs are also subject to the provisions of this rule.

(2) AFOs meeting or exceeding the size thresholds in the second column of TABLE 0400-40-05- .14.1 are considered large (Class I) CAFOs.

(3) AFOs within the size thresholds given in the third column of TABLE 0400-40-05-.14.1 are considered medium (Class II) CAFOs if either of the following conditions are met:

(a) Pollutants are discharged into waters through a man-made ditch, flushing system, or other similar man-made device; or (b) Pollutants are discharged directly into waters that originate outside of and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

TABLE 0400-40-05-.14.1

Animal Type Large (Class I) CAFO Medium (Class II) CAFO Mature dairy cows (milked or dry) 700+ 200 – 699 Veal calves 1000+ 300 – 999 Cattle 1000+ 300 – 999 Swine 2,500+ (≥ 55 lbs) 10,000 (< 55 lbs) 750 – 2,499 (≥ 55 lbs) 3,000 – 9,999 (< 55 lbs)

Chickens (liquid waste management) 30,000+ (laying hens or broilers) 9,000 – 29,999 Chickens (dry waste management ) 125,000+ (non-layers) 82,000+ (layers) 37,500 – 124,999 (non-layers) 25,000 – 81,999 (layers)

Horses 500+ 150 – 499 Sheep/lambs 10,000+ 3,000 – 9,999 Turkeys 55,000+ 16,500 – 54,999 Ducks (liquid waste management) 5,000+ 1,500 – 4,999 Ducks (dry waste management ) 30,000+ 10,000 – 29,999 Other than mature dairy cows or veal calves. Cattle includes, but is not limited to, heifers, steers, bulls, and cow/calf pairs.

Dry waste management refers to systems where continuously overflowing watering systems are not used and birds are raised in an enclosed building with earthen or concrete floors spread with layer of sawdust, wood shavings, rice hulls, or chopped straw.

(4) Other AFOs may be designated as CAFOs at the discretion of the Director. Factors to be considered in this determination include the AFO’s size; the amount of waste reaching waters of the state; the location of the AFO; the means of waste conveyance to waters of the state; and the slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes into waters of the state. The Director shall conduct an on-site inspection prior to determining that an operation should be regulated under the CAFO permit program. AFOs below the threshold for a medium CAFO (shown in the third column in TABLE 0400-40-05-.14.1) may not be designated as a CAFO unless:

(5) The following AFOs shall seek permit coverage as follows:

(a) Large, medium, and designated CAFOs that discharge shall obtain an individual NPDES permit and the permit shall be in effect prior to any discharge.

(b) Large AFOs, based on the animal numbers located in TABLE 0400-40-05-.14-1, that utilize liquid waste management systems, shall obtain coverage under a state permit.

(6) All AFOs seeking to obtain NPDES permit coverage shall submit application information in accordance with paragraph (2) of Rule 0400-40-05-.05.

(a) All AFOs seeking to obtain permit coverage shall submit application information to the Commissioner.

(b) In addition to the application requirements of paragraph (2) of Rule 0400-40-05-.05, AFOs seeking permit coverage shall submit, at the time of application, a nutrient management plan as outlined in paragraph (10) of this rule.

(7) (Reserved).

(8) AFOs seeking to maintain permit coverage shall comply with the permit reissuance requirements of paragraph (5) of Rule 0400-40-05-.05.

(9) AFOs obtaining permit coverage shall develop and maintain a current approved nutrient management plan and have all measures, structures, etc., in place to fully implement the plan upon the date of permit coverage. Any NPDES permit issued to an AFO shall require compliance with the terms of the AFO’s site-specific nutrient management plan such that the plan is enforceable through the permit.

(10) Nutrient Management Plan (NMP) Requirements.

(a) Any permit issued to an AFO shall include a requirement to develop, submit and obtain Commissioner approval of, and keep on site a site-specific nutrient management plan that:

Includes best management practices and procedures necessary to implement applicable effluent limitations and standards;
Ensures adequate storage of manure, litter, and process wastewater including procedures to ensure proper operation and maintenance of the storage facilities;
Ensures proper management of mortalities (i.e., dead animals) so that they are not disposed of in a liquid manure, stormwater, or process wastewater storage or treatment system that is not specifically designed to treat animal mortalities as outlined in USDA-NRCS Conservation Practice Standard 316 (February 2016) and/or the USDA-NRCS Agricultural Waste Management Handbook (April 1992), and/or University of Tennessee Extension publications;
Ensures that clean water is diverted, as appropriate, from the production area;
Prevents direct contact of confined animals with waters of the state;
Ensures that chemicals and other contaminants handled on-site are not disposed of in any manure, litter, process wastewater, or stormwater storage or treatment system unless specifically designed to treat such chemicals and other contaminants;
Identifies appropriate site-specific conservation practices to be implemented, including, as appropriate, buffers or equivalent practices, to control runoff of pollutants to waters of the state (these practices shall meet minimum standards set in the USDA-NRCS National Engineering Handbook (May 2014) and/or the USDA-NRCS Agricultural Waste Management Handbook (April 1992)), as follows:

(i) Manure, litter, and process wastewater shall be applied no closer than 100 feet to any down-gradient surface waters, open tile line intake structures, sinkholes, agricultural well heads, or other conduits to surface waters unless:

(I) The AFO substitutes the 100-foot setback with a 35-foot-wide vegetated buffer or by leaving in place a 60-foot natural riparian buffer, where applications of manure, litter, or process wastewater are prohibited; or (II) The AFO demonstrates that a setback or buffer is not necessary because implementation of alternative conservation practices or field-specific conditions will provide pollutant reductions equivalent to or better than the reductions that would be achieved by the 100-foot setback;

(ii) Manure, litter, and process wastewater shall be applied no closer than 100 feet of any potable well, public or private; and (iii) AFOs that are located adjacent to exceptional Tennessee waters and outstanding national resource waters (as identified by the Department), shall leave in place a minimum 60-foot natural riparian buffer between the stream and the land application area.

Provides for annual manure analysis for nitrogen and phosphorus content, following University of Tennessee Extension guidelines, and soil analysis at a minimum of once every five years for phosphorus content (the results of these analyses are to be used in determining application rates for manure, litter, and other process wastewater);
Establishes protocols to land apply manure, litter, or process wastewater in accordance with site-specific nutrient management practices that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater. Application rates for manure, litter, and other process wastewater applied to land under the ownership or operational control of the AFO shall minimize phosphorus and nitrogen transport from the field to surface waters in compliance with technical standards for nutrient management that:

(i) Include a field-specific assessment of the potential for nitrogen and phosphorus transport from the field to surface waters, and address the form, source, amount, timing, and method of application of nutrients on each field to achieve realistic production goals, while minimizing nitrogen and phosphorus movement to surface waters, that employs the Tennessee Phosphorus Index (a tool developed by the University of Tennessee Extension Service and the USDA-NRCS to assess the risk of phosphorus movement from the application area to waters of the state); and (ii) Include appropriate flexibilities for any AFO to implement nutrient management practices to comply with the technical standards, including consideration of multi-year phosphorus application on fields that do not have a high potential for phosphorus runoff to surface water, phased implementation of phosphorus-based nutrient management, and other components, in consideration of recommendations from the University of Tennessee Extension and as determined appropriate by the Director;

Provides for periodic inspection of equipment used for land application of manure, litter, and other process wastewater; and 11. Includes a closure/rehabilitation plan for the waste system storage/treatment structure(s) that meets or exceeds applicable USDA-NRCS technical standards and guidelines, and, at a minimum, addresses maintenance of the facility until proper closure is completed and includes a proposed schedule for closure not to exceed 360 days.

(b) Nutrient management plan terms.

The terms of the nutrient management plan are the information, protocols, best management practices, and other conditions in the nutrient management plan determined by the Director to be necessary to implement the nutrient management plan. The terms of the nutrient management plan, with respect to protocols that ensure appropriate agricultural utilization of the nutrients in the manure, litter, or process wastewater, shall include the fields available for land application; field-specific rates of application properly developed through either the linear approach or the narrative approach; and any timing limitations identified in the nutrient management plan concerning land application on the fields available for land application.

Linear approach An approach that expresses rates of application as pounds of nitrogen and phosphorus, according to the following specifications:

(i) The terms include:

(I) Maximum application rates from manure, litter, and process wastewater for each year of permit coverage and for each crop identified in the nutrient management plan, in terms of total nitrogen and phosphorus, in pounds per acre, per year, for each field to be used for land application;

(II) The outcome of the field-specific assessment of the potential for nitrogen and phosphorus transport from each field as described in

subpart (a)9.(i) of this paragraph;

(III) The crops to be planted in each field or any other uses of a field such as pasture or fallow fields; the realistic yield goal for each crop or use identified for each field;

(IV) The nitrogen and phosphorus recommendations as recommended by the University of Tennessee Extension for each crop or use identified for each field;

(V) Credits for all residual nitrogen in the field that will be plant-available as recommended by the University of Tennessee Extension;

(VI) Consideration of multi-year phosphorus application in accordance with subpart (a)9.(ii) of this paragraph;

(VII) An accounting of all other additions of plant-available nitrogen and phosphorus to the field;

(VIII) The form and source of manure, litter, and process wastewater to be land-applied;

(IX) The timing and method of land application; and (X) The methodology by which the nutrient management plan accounts for the amount of nitrogen and phosphorus in the manure, litter, and process wastewater to be applied as described in part (a)8. of this paragraph.

(ii) Large AFOs that use this approach shall calculate the maximum amount of manure, litter, and process wastewater to be land-applied at least once each year using the results of the most recent representative manure, litter, and process wastewater tests for nitrogen and phosphorus taken within 12 months of the date of land application.

Narrative rate approach An approach that expresses rates of application as a narrative rate of application that results in the amount, in tons or gallons, of manure, litter, and process wastewater to be land-applied, according to the following specifications:

(i) The terms include:

(I) Maximum amounts of nitrogen and phosphorus derived from all sources of nutrients, for each crop identified in the nutrient management plan, in terms of total nitrogen and phosphorus, in pounds per acre, for each field, and certain factors necessary to determine such amounts;

(II) The outcome of the field-specific assessment of the potential for nitrogen and phosphorus transport from each field as described in

subpart (a)9.(i) of this paragraph;

(III) The crops to be planted in each field or any other uses such as pasture or fallow fields (including alternative crops identified in

subpart (iii) of this part;

(IV) The realistic yield goal for each crop or use identified for each field; and (V) The nitrogen and phosphorus recommendations as recommended by the University of Tennessee Extension for each crop or use identified for each field.

(ii) The terms include the methodology by which the nutrient management plan accounts for the following factors when calculating the amounts of manure, litter, and process wastewater to be land-applied:

(I) Results of soil tests conducted in accordance with protocols identified in part (a)8. of this paragraph;

(II) Credits for all residual nitrogen in the field that will be plant-available as recommended by the University of Tennessee;

(III) The amount of nitrogen and phosphorus in the manure, litter, and process wastewater to be applied;

(IV) Consideration of multi-year phosphorus application in accordance with subpart (a)9.(ii) of this paragraph;

(V) Accounting for all other additions of plant-available nitrogen and phosphorus to the field;

(VI) The form and source of manure, litter, and process wastewater;

(VII) The timing, except as described in subpart (iv) of this part, and method of land application; and (VIII) Volatilization of nitrogen and mineralization of organic nitrogen.

(iii) The terms of the nutrient management plan include alternative crops identified in the AFO’s nutrient management plan that are not in the planned crop rotation. Where an AFO includes alternative crops in its nutrient management plan, the crops shall be listed by field, in addition to the crops identified in the planned crop rotation for that field, and the nutrient management plan shall include realistic crop yield goals and the nitrogen and phosphorus recommendations as recommended by the University of Tennessee for each crop. Maximum amounts of nitrogen and phosphorus from all sources of nutrients and the amounts of manure, litter, and process wastewater to be applied shall be determined in accordance with the methodology described in items (ii)(I) through (VIII) of this part.

(iv) For AFOs using this approach, the following projections shall be included in the nutrient management plan submitted to the Director, but are not terms of the nutrient management plan: The AFO’s planned crop rotations for each field for the period of permit coverage; the projected amount of manure, litter, or process wastewater to be applied; projected credits for all nitrogen in the field that will be plant-available; consideration of multi-year phosphorus application; accounting for all other additions of plant-available nitrogen and phosphorus to the field; and the predicted form, source, and method of application of manure, litter, and process wastewater for each crop. Timing of application for each field, insofar as it concerns the calculation of rates of application, is not a term of the nutrient management plan.

(v) AFOs that use this approach shall calculate maximum amounts of manure, litter, and process wastewater to be land-applied at least once each year using the methodology required in subpart (ii) of this part before landapplying manure, litter and process wastewater and shall rely on the following data:

(I) A field-specific determination of soil levels of nitrogen and phosphorus, including, for nitrogen, a concurrent determination of nitrogen that will be plant-available consistent with the methodology required by subpart (ii) of this part, and for phosphorus, the results of the most recent soil test conducted in accordance with soil testing requirements approved by the Commissioner; and (II) The results of the most recent representative manure, litter, and process wastewater tests for nitrogen and phosphorus taken within 12 months of the date of land application, in order to determine the amount of nitrogen and phosphorus in the manure, litter, and process wastewater to be applied.

Any NPDES permit issued to an AFO shall require the following procedures when an AFO owner or operator makes changes to the AFO’s nutrient management plan previously submitted to the Director:

(i) The AFO owner or operator shall provide the Director with the most current version of the AFO’s nutrient management plan and identify changes from the previous version, except that the results of calculations made in accordance with the requirements of subparts (b)1.(ii) and (b)2.(v) of this paragraph are not considered to be changes to the nutrient management plan subject to the requirements of this paragraph.

(ii) The Director shall review the revised nutrient management plan to ensure that it meets the requirements of this paragraph and applicable effluent limitations and standards and shall determine whether the changes to the nutrient management plan include revision to the terms of the nutrient management plan as set forth in subparagraph (b) of this paragraph. If the terms of the nutrient management plan are not revised, the Director shall notify the AFO owner or operator and upon such notification the AFO may implement the revised nutrient management plan. If the terms of the nutrient management plan are revised, the Director shall determine whether such changes are substantial changes as described in part 2. of this subparagraph.

(iii) If the Director determines that the changes to the terms of the nutrient management plan are not substantial, the Director shall make the revised nutrient management plan publicly available and include it in the permit record and inform the public of any changes to the terms of the nutrient management plan.

(iv) If the Director determines that the changes to the terms of the nutrient management plan are substantial, the Director shall notify the public and make the proposed changes and the information submitted by the AFO owner or operator available for public review and comment. The process for public notice and participation shall follow the procedures applicable to draft permits set forth in Rule 0400-40-05-.06. The Director shall consider all significant comments received during the comment period and require the AFO owner or operator to further revise the nutrient management plan if necessary. Once the Director approves the revised terms of the nutrient management plan, the Director shall issue a notice of determination that addresses all comments received and notifies the owner or operator and the public of the final decision concerning revisions to the nutrient management plan.

Substantial changes to the terms of a nutrient management plan incorporated as terms and conditions of a permit include, but are not limited to:

(i) Addition of new land application areas not previously included in the AFO’s nutrient management plan or in the terms of a nutrient management plan incorporated into an existing NPDES permit. If the AFO owner or operator applies manure, litter, or process wastewater on the newly added land application area in accordance with existing field-specific permit terms applicable to the newly added land application area, such addition of new land would be a change to the new AFO owner or operator’s nutrient management plan but not a substantial change for purposes of this paragraph;

(ii) Any changes to the field-specific maximum annual rates for land application set in accordance with the linear approach, or to the maximum amounts of nitrogen and phosphorus derived from all sources for each crop set in accordance with the narrative approach;

(iii) Addition of any crop or other uses not included in the terms of the AFO’s nutrient management plan and corresponding field-specific rates of application; and (iv) Changes to site-specific components of the AFO’s nutrient management plan, where such changes are likely to increase the risk of nitrogen and phosphorus transport to waters of the state.

AFOs covered by state operating permits are subject to the following procedures when the AFO owner or operator makes changes to the AFO’s nutrient management plan previously submitted to the Director:

(i) The AFO owner or operator shall provide the Director with the most current version of the AFO’s nutrient management plan and identify changes from the previous version.

(ii) The Director shall review the revised nutrient management plan to ensure that it meets the requirements of this paragraph and applicable effluent standards and shall determine whether the changes to the nutrient management plan include revisions to the terms of the nutrient management plan as set forth in subparagraph (b) of this paragraph. The Director shall advise the AFO owner or operator whether the changes meet the requirements of this paragraph and applicable effluent standards. Upon such notification, the AFO owner or operator shall either make further revisions to the nutrient management plan or implement the revised nutrient management plan.

(iii) Operational changes that require nutrient management plan revision, resubmittal, and approval, include:

(I) Additional confinement buildings, settling basins, lagoons, holding ponds, or pits, and other agricultural waste containment/treatment structures or handling systems;

(II) The addition of new fields for land application of manure, or the removal of existing fields;

(III) A substantial increase in the amount of manure produced by the operation such that the current nutrient management plan does not adequately account for the increase;

(IV) Alternative crops that were not mentioned in the previous nutrient management plan; or (V) Increases in the total amount of nitrogen and phosphorus for each crop for a narrative plan.

(11) Recordkeeping and reporting requirements.

Any NPDES permit issued to an AFO shall include:

(a) A requirement that the permittee shall create, maintain for five years, and make available to the Director, upon request, the following records:

Records documenting the implementation and management of the minimum elements described in subparagraph (10)(a) of this rule and all applicable records identified in parts 2. through 18. of this subparagraph;
A copy of the AFO’s site-specific nutrient management plan;
Records documenting the following visual inspections:

(i) Weekly inspections of all stormwater diversion devices, runoff diversion structures, and devices channeling contaminated stormwater to the wastewater and manure storage and containment structure;

(ii) Daily inspections of water lines, including drinking or cooling water lines; and (iii) Weekly inspections of the manure, litter, and process wastewater impoundments noting the liquid level in the impoundments;

Weekly records of the depth of the manure and process wastewater in any open surface liquid impoundment as indicated by the required depth marker that indicates the minimum capacity necessary to contain the runoff and direct precipitation of the 25-year, 24-hour rainfall event. In the case of swine or poultry AFOs that are new sources, the depth marker shall indicate minimum capacity necessary to contain the runoff and direct precipitation associated with the 25year, 24-hour rainfall event used for sizing the impoundment;
Records documenting any corrective actions taken (if deficiencies are not corrected within 30 days of notice of deficiency, the records shall include an explanation of the factors preventing immediate correction);
Records of mortalities management and practices used to comply with the nutrient management plan;
Records documenting the current design of any manure or litter storage structures, including volume for solids accumulation, design treatment volume, total design volume, and approximate number of days of storage capacity;
Records of the date, time, and estimated volume of any overflow;
Expected and actual crop yields;
The date(s) manure, litter, or process wastewater is applied to each field;
Weather conditions at the time of application and for 24 hours prior to and following application; 12 Test methods used to sample and analyze manure, litter, process wastewater, and soil;
Results from manure, litter, process wastewater, and soil sampling;
Explanation of the basis for determining manure application rates, as provided in the technical standards established by the University of Tennessee Extension or as otherwise approved by the Director or the Tennessee Department of Agriculture and consistent with applicable state and federal rules;
Calculations showing the total nitrogen and phosphorus to be applied to each field, including sources other than manure, litter, or process wastewater;
Total amount of nitrogen and phosphorus actually applied to each field, including documentation of calculations for the total amount applied;
The method used to apply the manure, litter, or process wastewater; and 18. Date(s) of manure application equipment inspection and calibration.

(b) Recordkeeping for third-party waste transfers.

A requirement that prior to transferring manure, litter, or process wastewater to a third party, all NPDES-permitted AFOs shall provide the recipient of the manure, litter, or process wastewater with the most current nutrient analysis (consistent with 40 CFR

Part 412 (2021) and approved by the University of Tennessee Extension). Large NPDES-permitted AFOs shall ensure that the third party signs an agreement for the removal of manure, litter, or process wastewater for all transfers of manure, litter, or process wastewater. All other NPDES-permitted AFOs shall ensure that the third party signs an agreement for the removal of manure, litter, or process wastewater only if the AFO transfers more than 100 tons of manure, litter, or process wastewater. The agreement for the removal of manure, litter, or process wastewater shall be retained for five years and shall include the following information, at a minimum:

The name and location of the facility that is exporting manure, litter, or process wastewater;
The type and amount of material that is removed from the AFO;
The date the material was removed from the AFO;
The following best management practice recommendations:

(i) The manure, litter, or process wastewater shall be managed to ensure there is no discharge of manure, litter, or process wastewater to surface or groundwater;

(ii) When removed from the facility, manure, litter, or process wastewater should be applied directly to the field or stockpiled and covered with plastic or stored in a building;

(iii) Manure, litter, or process wastewater shall not be stockpiled near streams, sinkholes, wetlands, or wells;

(iv) Fields receiving manure, litter, or process wastewater should be soil tested at least every five years;

(v) A manure, litter, or process wastewater nutrient analysis should be used to determine application rates for various crops;

(vi) Calibrate spreading equipment and apply manure, litter, or process wastewater uniformly;

(vii) Apply no more nitrogen or phosphorus than can be used by the crop;

(viii) A buffer zone is recommended between the application sites and adjacent streams, lakes, ponds, sinkholes, and wells. The following non-application buffer widths, based on the USDA-NRCS Conservation Practice Standard 590 (January 2013 version, or most recent version), should be used when applicable:

(I) 150 ft. from wells located upslope of the application site;

(II) 300 ft. from wells located downslope of the application site, if conditions warrant application;

(III) 30–100 ft. from waterbodies, depending on the amount and quality of vegetation and slope;

(IV) 300 ft. from all public use areas; and (V) 300 ft. from all residences other than the third-party recipient’s.

(ix) Do not apply manure, litter, or process wastewater when the ground is frozen, flooded, saturated, or on steep slopes subject to flooding, erosion, or rapid runoff;

(x) Cover vehicles hauling manure, litter, or process wastewater on public roads; and (xi) Keep records of locations where manure, litter, or process wastewater will be land-applied or used as a fertilizer; and 5. A signed certification statement from the recipient of the material from the AFO, including the recipient’s name, address, and phone number.

(c) A requirement that NPDES-permitted AFOs submit to the Department, an annual report between January 1 and February 15 that includes:

The number and type of animals on site, whether in open confinement or housed under roof;
Estimated amount of total manure, litter, and process wastewater generated by the AFO in the previous calendar year (tons or gallons);
Estimated amount of total manure, litter, and process wastewater transferred to a third party by the AFO in the previous calendar year (tons or gallons);
Total number of acres for land application covered by the nutrient management plan;
Total number of acres under control of the AFO that were used for land application of manure, litter, and process wastewater in the previous calendar year;
A summary of all manure, litter, and process wastewater discharges to waters of the state from the production area that have occurred in the previous calendar year, including date, time, and approximate volume;
A statement indicating whether the current version of the AFO’s nutrient management plan was developed or approved by a certified nutrient management planner;
The actual crop(s) planted and actual yield(s) for each field;
The actual nitrogen and phosphorus content of the manure, litter, and process wastewater;
The results of calculations to determine the maximum amount of manure, litter, and process wastewater to be land-applied and the data used in the calculations;
The actual amount of manure, litter, and process wastewater applied during the previous 12 months;
The results of any soil tests for nitrogen and phosphorus conducted in the previous 12 months; and 13. The amount of any supplemental fertilizer applied during the previous 12 months.

(12) For AFOs with applicable federal effluent guidelines, technology-based effluent limitations and standards in accordance with those guidelines shall be applied.

(13) For AFOs that are not subject to applicable federal effluent guidelines, the production area shall be designed, constructed, operated, and maintained so that no discharge will occur, except as authorized through the conditions of an NPDES permit.

(14) Permitted facilities placed into operation after April 13, 2006 must be designed, constructed, operated, and maintained in accordance with final design plans and specifications that meet or exceed standards in the USDA-NRCS Agricultural Waste Management Field Handbook (April 1992), the USDA-NRCS National Engineering Handbook (May 2014), or other defensible methodology approved by the Division. Specifically, plans shall contain the following:

(a) Any new or additional confinement buildings, waste/wastewater handling system, waste/wastewater transport structures, waste/wastewater treatment structures, settling basins, lagoons, holding ponds, sumps, or pits, and other agricultural waste containment/treatment structures constructed after April 13, 2006, shall be located in accordance with USDA-NRCS Conservation Practice Standard 313 (August 2018);

(b) Information to be used in the design of the open manure storage structure including, but not limited to, minimum storage for rainy seasons, minimum capacity for chronic rainfall events, the prohibition of land application to frozen, saturated, or snow-covered ground, the dewatering schedules set in the AFO’s Nutrient Management Plan, additional storage capacity for any manure intended to be transferred to another recipient at a later time, and any other factors that would affect the sizing of the open manure storage structure;

(c) The design of the open manure storage structure as determined by the USDA-NRCS’s Animal Waste Management (AWM) software (version 2.4). AFOs may use equivalent design software or procedures as approved in writing by the Commissioner;

(d) All inputs used in the open manure storage structure design including actual climate data for the previous 30 years consisting of historical average monthly precipitation and evaporation values, the number and types of animals, anticipated animal sizes or weights, any added water and bedding, any other process wastewater, and the size and condition of outside areas exposed to rainfall and contributing runoff to the open manure storage structure;

(e) The planning minimum period of storage in months including, but not limited to, the factors for designing an open manure storage structure listed in subparagraph (b) of this paragraph. Alternatively, the AFO may determine the minimum period of storage by specifying times the storage pond will be emptied consistent with the AFO’s nutrient management plan; and (f) A subsurface investigation for earthen holding pond, pit, sump, treatment lagoon, or other earthen storage/containment structure suitability and liner requirements shall be a component of the system design. The subsurface investigation will include a detailed soils investigation with special attention to the water table depth and seepage potential.

The investigation shall evaluate soils to a depth of two feet below the planned bottom grade of the storage structure. Deeper investigations may be required in karst regions.

A soils/geologic investigation shall be performed by a soil scientist (as described in

Rule 0400-48-01-.18) and qualified geologist. A qualified geologist is defined as an individual who is a Registered Professional Geologist licensed by the State of Tennessee or an individual who meets the requirements for the title of Certified Professional Geologist as defined by the American Institute of Professional Geologists.

Unless relevant information is available to the contrary, compliance with this provision during design and construction of the facility will normally demonstrate that the hydrologic connection does not exceed a maximum allowable specific discharge of 0.0028 ft/day (1 x 10-6 cm/sec).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed November 20, 2013; effective February 18, 2014. Amendments filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-05-.15 MUNICIPAL SEPARATE STORM SEWER SYSTEMS

Permits issued to entities that operate a municipal separate storm sewer system (MS4) shall include the following effluent limitations to manage post-construction stormwater at all new development and redevelopment projects that disturb one or more acres of land, or less than one acre if part of a larger common plan of development, and discharge into the permittee’s MS4:

(1) Permanent Stormwater Management Program.

(a) The permittee shall develop and implement a permanent stormwater management program to reduce pollu tants in stormwater discharges through management practices, control techniques, and systems, design, and engineering practices implemented to the maximum extent practicable (MEP), as set forth herein.

(b) The permanent stormwater management program shall include plans review, site inspections, and a means to ensure that permanent stormwater control measures (SCMs) are adequately operated and maintained.

(c) The permittee must develop and implement, and modify as necessary, an ordinance or other regulatory mechanism to address permanent stormwater management at new development and redevelopment projects.

(d) The permittee must submit an implementation plan for its permanent stormwater management program not later than 90 days after the effective date of the first new or revised permit issued after the effective date of this rule. The implementation plan shall include a brief description of the main components of the permittee’s permanent stormwater management program, which should include: codes and ordinance development and implementation; procedures for plans review and criteria for approval; procedures for conducting and tracking site inspections; and SCM operation and maintenance policies. The implementation plan shall also include a timeline to develop and implement the program. If the permittee has implemented a permanent stormwater management program that complies with all requirements of the new or revised permit, the permittee may submit an implementation plan explaining how its program complies and identifying any new or modified elements of its program. The schedule must indicate completion as soon as feasible but no later than 24 months from the effective date of the first permit issued after the effective date of this rule. Further, if implementation will take longer than 12 months, the plan must include interim milestones. Implementation plans must be submitted to the Division.

(2) Permanent Stormwater Standards.

(a) The permanent stormwater management program must require new development and redevelopment projects to be designed to reduce pollutants to the MEP, as set forth herein. Compliance with permanent stormwater standards for new development and redevelopment projects is determined by designing and installing SCMs as established by this rule and complying with other requirements of this rule. For design purposes, total suspended solids (TSS) may be used as the indicator for the reduction of pollutants.

(b) SCMs must be designed to provide full treatment capacity within 72 hours following the end of the preceding rain event for the life of the new development or redevelopment project. The permittee shall identify a suite of SCMs to be used in various situations.

Information relevant to identif ied SCMs should be made readily available. Application of innovative SCMs is encouraged. If the permittee decides to significantly limit the number of SCM options, it must be documented as part of the stormwater management program how the performance standards of this rule can be met with the limited set of control measures that are allowed.

(c) For the purposes of this paragraph, the water quality treatment design storm is a 1year, 24-hour storm event as defined by Precipitation-Frequency Atlas of the United States. Atlas 14. Volume 2. Version 3.0. U.S. Department of Commerce. National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Springs, Maryland or its digital product equivalent. The water quality treatment volume (WQTV) is a portion of the runoff generated from impervious surfaces at a new development or redevelopment project by the design storm, as set forth below. SCMs must be designed, at a minimum, to achieve an overall treatment efficiency of 80% TSS removal from the WQTV. The quantity of the WQTV depends on the type of treatment provided, as established in the following table:

Water Quality Treatment Volume and the Corresponding SCM Treatment Type for the 1-year, 24-hour design storm SCM Treatment Type WQTV Notes infiltration, evaporation, transpiration, and/or reuse runoff generated from the first 1 inch of the design storm Examples include, but are not limited to, bioretention, stormwater wetlands, and infiltration systems. biologically active filtration, with an underdrain runoff generated from the first 1.25 inches of the design storm To achieve biologically active filtration, SCMs must provide a minimum of 12 inches of internal water storage. sand or gravel filtration, settling ponds, extended detention ponds, and wet ponds runoff generated from the first 2.5 inches of the design storm or the first 75% of the design storm, whichever is less Examples include, but are not limited to, sand filters, permeable pavers, and underground gravel detention systems. Ponds must provide forebays comprising a minimum of 10% of the total design volume. Existing regional detention ponds are not subject to the forebay requirement. hydrodynamic separation, baffle box settling, other flowthrough manufactured treatment devices (MTDs), and treatment trains using MTDs maximum runoff generated from the entire design storm Flow-through MTDs must provide an overall treatment efficiency of at least 80% TSS reduction. Refer to subparagraph (2)(d) of this rule.

Alternative permanent stormwater standards that provide equal or equivalent reduction of pollutants to the above may be submitted to the Division for approval.

(d) Treatment Train Calculations.

Treatment trains using MTDs.

Treatment trains using MTDs must provide an overall treatment efficiency of at least 80% TSS reduction utilizing the following formula:

The calculation:

R = A + B – (A x B)/100 Where:

R = total TSS percent removal from application of both SCMs, A = the TSS percent removal rate applicable to the first SCM, and B = the TSS percent removal rate applicable to the second SCM.

TSS removal rates for MTDs must be evaluated using industry-wide standards.

TSS removal rates for other SCMs must be from published reference literature.

Treatment trains not using MTDs.

Treatment trains using infiltration, evaporation, transpiration, reuse, or biologically active filtration followed by sand or gravel filt ration, settling ponds, extended detention ponds, or wet ponds may subtract the treated WQTV of the upstream SCMs from the WQTV of the downstream SCMs.

(e) The permittee may also develop a mitigation program and/or system of payment into a public stormwater fund as described in paragraph (3) of this rule.

(f) The permanent stormwater management program may allow for a reduction of the WQTV for a new development or redevelopment project up to 20% for any one of the following conditions, and up to a total maximum of 50% for a combination of the following conditions:

Redevelopment projects (including, but not limited to, brownfield redevelopment);
Vertical density (floor to area ratio of at least 2, or at least 18 units per acre); and 3. Incentives as identified by the permittee, submitted to the Division and approved by the Division in writing, and documented as part of the stormwater management program.

(3) Stormwater Mitigation and Public Stormwater Fund.

(a) A permittee may choose to develop an offsite mitigation program or payment in lieu into a public stormwater fund, or both, to offset the portion of the WQTV that cannot be treated on site to the MEP. The program must ensure that off-site stormwater mitigation will be accomplished within the same USGS 12-digit hydrologic unit code watershed as the new development or redevelopment project, if practicable, and will treat a minimum of 1.5 times the portion of the WQTV not treated on site. The permittee may identify priority areas within the watershed in which stormwater mitigation projects are to be completed. The program must have a mitigation project approval procedure, and all projects must meet all requirements in this permit. Procedures and requirements in the offsite mitigation and payment in lieu programs should be documented as part of the stormwater management program and available for review.

(b) If the permittee allows payment into a public stormwater fund, the permittee assumes responsibility to provide the required mitigation projects. The public stormwater fund should be used to fund public mitigation projects. The payment amount into a public stormwater fund must be sufficient to design, install, and maintain the stormwater mitigation measures.

(4) Water Quality Riparian Buffers.

Permittees shall develop and implement a set of requirements to establish, protect, and maintain permanent water quality riparian buffers to provide additional water quality treatment in riparian areas of new development and redevelopment projects that contain streams, including wetlands, ponds, and lakes. Riparian buffers must meet the following minimum standards:

(a) Stormwater discharges should enter the water quality riparian buffer as sheet flow, not as concentrated flow, where site conditions allow.

(b) Water quality riparian buffers must have the following minimum widths, unless sitespecific conditions necessitate alternative widths, as described later in this paragraph:

Average buffer width (feet)

Minimum buffer width (feet)

Notes Waters with available parameters for siltation or habitat alteration or unassessed waters The criteria for the width of the buffer zone can be established on an average width basis at a project, as long as the minimum width of the buffer zone is more than the required minimum width at any measured location. If the new development or redevelopment site encompasses both sides of a stream, buffer averaging can be applied to both sides, but must be applied independently.

Exceptional Tennessee Waters or waters with unavailable parameters for siltation or habitat alteration The predominant vegetation within the minimum buffer area should be trees. The remaining riparian buffers may be composed of herbaceous cover or infiltration-based SCMs.

(c) Permittees may establish permissible land uses or activities within the buffer, such as biking and walking trails, infiltration-based SCMs, selective landscaping, habitat improvement, road and utility crossings, or other limited uses as determined by the permittee. The permittee must have a process to review proposed activities within buffers to ensure the pollutant removal function of the buffer will be retained. Trails constructed within the buffer should prevent or minimize the generation of pollutants. If trails are constructed from impervious materials, runoff must either be directed to infiltration-based SCMs or the buffer width must be increased by the width of the trail.

(d) Permittees may authorize alternative buffer widths for new development and redevelopment projects where averaged water quality riparian buffers cannot be fully implemented on-site. In order to allow alternative widths, the permittee must develop and apply criteria for determining the circumstances under which required buffer widths cannot be achieved based on the type of project, existing land use, and physical conditions that restrict the use of water quality riparian buffers. Any such procedures and criteria for alternative buffer widths must ensure that implementing full buffer widths would be impracticable and that the maximum practicable buffer widths are required. Procedures and criteria for alternative buffer widths must be submitted to the Division, approved by the Division in writing, and documented as part of the stormwater management program.

(e) Water quality riparian buffer widths are measured from the top of the bank also referred to as the “ordinary high-water mark.”

(f) Ordinances and local requirements adopted prior to November 13, 2018, and that mandate minimum 30-foot water quality riparian buffers for drainage areas less than one square mile, and minimum 60-foot water quality riparian buffers for drainage areas of greater than one square mile (with provisions for buffer averaging down to a minimum 30-foot width), are deemed to satisfy the conditions of this paragraph.

(5) Codes and Ordinances Review and Update.

(a) Within one year of obtaining an initial permit, newly permitted programs shall review local codes and ordinances using the EPA Water Quality Scorecard. A completed copy of the Scorecard shall be submitted with the subsequent annual report. Permittees who have completed and submitted the Scorecard in the past are not required to repeat this review.

(b) Newly permitted programs shall update codes and ordinances or other legal instruments as necessary to comply with the permit within 24 months of the effective date of the permit. Current permittees shall continue to implement the existing permanent stormwater management program and update legal instruments according to the compliance schedule in subparagraph (1)(d) of this rule.

(6) Development Project Plan Review, Approval, and Enforcement.

The permittee shall develop and implement project plan review, approval, and enforcement procedures applicable, at a minimum, to all new development and redevelopment projects, which shall include:

(a) Procedures for review and approval of site plans, including inter-departmental consultations and a resubmittal process when modifications to the project require changes to an approved site design plan;

(b) A plans review process that requires SCMs to be properly designed, installed, and maintained to meet the performance standards established in this rule. The process must also include incentives adopted by the permittee as authorized by paragraph (2) of this rule, if any, along with water quality buffers as required by paragraph (4) of this

rule; and (c) A verification process to document that SCMs have been installed per design specifications within 90 days of installation. Verification shall include submission of asbuilt plans to the permittee, permittee inspection, or inspection by a qualified design professional. The verification process shall include enforcement procedures to bring noncompliant projects into compliance, which shall be detailed in the enforcement response plan.

(7) Maintenance of Permanent Stormwater Control Measure Assets.

(a) Permanent SCMs, including SCMs used at mitigation projects, must be installed, implemented, and maintained to meet the performance standards of paragraph (2) of this rule, and provide full treatment capacity within 72 hours following the end of the preceding rain event.

(b) The permittee must develop and implement a program to require implementation of appropriate SCM maintenance procedures to sustain pollut ant reduction efficiency for the life of the new development or redevelopment project. All procedures, reports, and documentation must be maintained as part of the stormwater management program.

The program must include at a minimum:

The development and documentation of maintenance and inspection procedures and frequencies for approved SCMs, which shall require all SCMs to be inspected at least once every five years by the permittee, a licensed professional engineer, a licensed landscape architect, or other qualified professional familiar with applicable SCM design and maintenance requirements or submit an alternative schedule to the Division for approval;
The development and documentation of the procedure the permittee will use to verify that SCMs are being inspected and maintained including any written reports from the responsible party;
A clear, documented, legally binding agreement assigning SCM maintenance responsibility to the owner/operator, a third party, or the permittee as appropriate.

For SCMs designed to manage stormwater from multiple properties, appropriate deed restrictions shall be recorded; and 4. An allowance or agreement for permittee personnel to access the SCMs for inspections and provide for enforcement action for failure to maintain SCMs according to agreement.

(8) Inventory and Tracking of Permanent Stormwater Control Measure Assets.

(a) Existing permittees must continue to implement and maintain a system to inventory and track the status of all public and private SCMs installed on new development and redevelopment projects. New permittees must implement the system within 24 months of the effective date of the permit.

(b) The inventory and tracking system must be a searchable database, either paper or electronic, that retrieves SCM information by location or other similar identification. The system must be made available to the Division or to members of the public upon request. Other than the basic information of location and project identification, the system should include information and records the permittee will use to demonstrate that SCMs are properly maintained, including but not limited to:

A brief description of the type of SCM and basic design characteristics;
The responsible party contact information;
Inspection schedules (both permittee and responsible party);
A brief description of or reference to maintenance procedures and frequency;
Photographs of the installed SCMs; and 6. Maintenance and inspection records.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rule filed February 14, 2022; effective May 15, 2022. Amendments filed December 20, 2023; effective March 19, 2024.

Chapter 0400-40-06 State Operating Permits

Tenn. Comp. R. & Regs. 0400-40-06-.01 PURPOSE

State Operating Permits (SOPs) authorize the operation of non-discharging sewerage systems in compliance with permit conditions. SOPs issued pursuant to this chapter impose such conditions, including effluent standards and conditions and terms of periodic review, as are necessary to prevent pollution of waters from the operation of non-discharging wastewater systems, including but not limited to: land application; animal feeding operations; pumping and hauling; collection and conveyance; and non-potable reuse of reclaimed wastewater. SOPs are not required for the use of a septic tank connected only to a subsurface drainfield subject to regulation under Chapter 0400-48-01. SOPs do not authorize discharges to waters or alterations of the properties of waters. In addition to any standards imposed by this chapter, construction of SOP facilities that collect and treat wastewater are governed by Chapter 0400-40-02.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-06-.02 DEFINITIONS

“Act” or “TWQCA” means the Water Quality Control Act of 1977, T.C.A. Title 69, Chapter 3,

Part 1.

“Agricultural reuse for food crops” means the non-potable reuse of reclaimed wastewater to irrigate food crops that are intended for human consumption.

“Agricultural reuse for processing food crops and non-food crops” means the non-potable reuse of reclaimed wastewater to irrigate crops that are processed by humans before consumption.

“Agronomic application rate,” with respect to categories of Urban or Agricultural Reuse, means the application of reclaimed wastewater to meet nutrient or hydraulic uptake needs of food crops, feed crops, fiber crops, cover crops, or vegetation grown on land, the latter category including but not limited to athletic fields and ornamental landscaping. Agronomic application rates vary with the type and density of the crops, the seasonal and ambient weather conditions, shade coverage, and characteristics of the reclaimed wastewater.

May, 2022 2 “Animal feeding operation” or “AFO” means a facility that (1) stables, confines, and feeds or maintains animals (other than aquatic animals) for a total of 45 days or more in any 12-month period, and (2) does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season over any portion of the facility. Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

“Continuous monitoring” means collection of samples using a probe and a recorder with at least one data point per dosing cycle.

“Discharge of a pollutant,” “discharge of pollutants,” and “discharge,” when used without qualification, each refer to the addition of pollutants to waters from a source.

“End user of reclaimed wastewater” means the recipient and user of reclaimed wastewater from a permitted provider at the end of a distribution network who is engaging in beneficial reuse. Any individual who engages in the sale or resale of reclaimed wastewater is not an end user of the reclaimed wastewater.

“Environmental reuse” means the non-potable reuse of reclaimed wastewater that is of such quality that it could be used to create, enhance, sustain, or augment water bodies including wetlands, aquatic habitats, or stream flow.

“Feed crops” means crops produced primarily for consumption by animals.

“Fiber crops” means crops produced primarily for harvesting fibers such as flax or cotton.

“Food crops” means crops produced primarily for consumption by humans. These include, but are not limited to, fruits, vegetables, and tobacco.

“Grab sample” means a single sample collected at a particular time.

“Groundwater recharge for non-potable reuse” means the non-potable reuse of reclaimed wastewater of such quality that it is suitable to recharge aquifers that are not used as potable water sources.

“Irrigation” means the beneficial application of reclaimed wastewater to land or soil to assist with the growing of agricultural crops and maintenance of landscapes during periods of insufficient rainfall.

“Land application area for AFOs” means the land under the control of an AFO owner or operator to which manure, litter, or process wastewater from the AFO production area is, or may be, applied.

“Monthly average concentration” means the arithmetic mean of all samples collected in a calendar-month, expressed in units of mass per volume, for any pollutant.

“Non-potable reuse of reclaimed wastewater” means the planned and intentional reuse of reclaimed wastewater that does not involve direct production of potable water.

“NPDES” means National Pollutant Discharge Elimination System.

“Pasture” means the land on which animals feed directly on crops such as legumes, grasses, grain stubble, or clover.

May, 2022 3 “Potable reuse of reclaimed wastewater” means the planned augmentation of a drinking water source with reclaimed wastewater.

A “quarter” means any one of the following three-month periods: January 1 through March 31, April 1 through June 30, July 1 through September 30, or October 1 through December 31.

“Reclaimed wastewater” means wastewater that has been treated to meet minimum criteria with the intent of being used for non-potable purposes in a non-discharging wastewater system.

“Restricted urban reuse” means the non-potable reuse of reclaimed wastewater in municipal or suburban settings that is of such quality that public access is controlled or restricted by physical or institutional barriers, such as fencing, advisory signage, or temporal access restrictions.

“Reuse in impoundments with restricted access” means the non-potable reuse of reclaimed wastewater in an impoundment that is of such quality that bodily contact is restricted.

“Reuse in impoundments with unrestricted access” means the non-potable reuse of reclaimed wastewater in an impoundment that is of such quality that there are no limitations imposed on bodily contact for recreational activities.

“Reuse of reclaimed wastewater” means the application of reclaimed wastewater of sufficient quality to be reused in a non-discharging wastewater system in a manner protective of human health and the environment.

“Sewerage system” means the conduits, sewers, and all devices and appurtenances by means of which sewage and other waste is collected, pumped, treated, or disposed.

“STEG” means septic tank effluent gravity.

“STEP” means septic tank effluent pump.

“Surface impoundment” or “impoundment” means a facility or part of a facility that is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and that is not an injection well.

“Unrestricted urban reuse” means the non-potable reuse of reclaimed wastewater in municipal or suburban settings that is of such quality that public access is not restricted, such as irrigation for athletic fields, landscaping, or other approved “purple pipe” residential uses.

“Wastewater” means “sewage” as defined in T.C.A. § 69-3-103.

“Wastewater reclamation” means the treatment of wastewater or effluent to produce reclaimed wastewater such that it is acceptable for reuse that would not otherwise occur.

“Waters” means any and all water, public or private, on or beneath the surface of the ground, that are contained within, flow through, or border upon Tennessee or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership that do not combine or effect a junction with natural surface or underground waters.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022. May, 2022 4

Tenn. Comp. R. & Regs. 0400-40-06-.03 PERMIT APPLICATION, ISSUANCE

(1) Any person who plans to operate a non-discharging wastewater system, other than an exempt septic system discharging only to a subsurface drain field, shall apply in writing for a state operating permit (SOP) on forms provided by the Commissioner and secure such a permit prior to operation or expiration of an existing permit. The Commissioner may make these application forms available electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40. Completed applications shall be submitted no later than 180 days in advance of the date on which a new or expanded activity will begin operation or the date of expiration of an existing permit for an ongoing activity.

(2) Applicants shall complete and submit standard application forms supplied by the Commissioner together with such engineering reports, plans, and specifications as are required. The Commissioner may subsequently request additional reasonable information as required to make the permit decision. Processing of the application shall not be completed until all requested information has been submitted. Within 30 days of receipt of the application, the Commissioner will notify the applicant of any deficiencies or that the application is complete.

This provision does not preclude the Commissioner from later requesting additional information that after the notice of completeness is issued, is determined to be necessary for permit processing.

(3) Non-discharging large AFOs, as defined by TABLE 0400-40-05-.14.1 of Rule 0400-40-05-.14, that utilize liquid waste management systems, shall seek and obtain coverage under a SOP prior to commencing operation. Other non-discharging AFOs may seek and obtain coverage under a SOP. All AFOs seeking to obtain permit coverage shall submit an application to the Commissioner. All AFOs seeking to obtain permit coverage shall submit a nutrient management plan as outlined in subparagraphs (10)(a) and (b) of Rule 0400-40-05-.14.

(4) Applications shall be submitted and signed in accordance with the following:

(a) For a corporation, by a:

Responsible corporate officer, i.e., a president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation;
Manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions that govern the operation of the regulated facility to assure long term environmental compliance with environmental laws and regulations; or 3. Person in a corporate position to whom signatory authority has been delegated by a corporate officer.

(b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.

Principal executive officer (i.e., the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency); or 2. Ranking elected official.

May, 2022 5 (5) The Commissioner will not authorize the construction, installation, or modification of a sewerage system, or part thereof, or any extension or addition thereto, until after the end of the public comment period as outlined in Rule 0400-40-06-.04.

(6) The Commissioner shall issue permits only to persons as defined in T.C.A. § 69-3-103(27).

Private corporations, limited liability companies, or limited liability partnerships must be in good standing with the Tennessee Secretary of State to be eligible for permit coverage. Out-of-state corporations, limited liability companies, or limited liability partnerships must be registered with the Tennessee Secretary of State to be eligible for permit coverage.

(7) The Commissioner shall not issue a permit or a renewal of a permit to an applicant unless all fees required by T.C.A. Title 68, Chapter 203 have been paid in full.

(8) Public sewerage system applicants shall be a municipality, a public utility, a wastewater

authority, a privately owned public utility (having a Certificate of Convenience and Necessity from the Tennessee Public Utility Commission), or another public agency.

(9) This chapter requires the submission of forms developed by the Commissioner to comply with certain requirements, including, but not limited to, making reports, submitting monitoring results, and applying for permits. The Commissioner may make these forms available electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-06-.04 NOTICE AND PUBLIC PARTICIPATION

(1) Each completed permit application shall be evaluated and a tentative determination of whether to issue or deny a permit shall be made. If a tentative determination is made to issue a permit, then a draft permit shall be prepared for public notice that includes the proposed conditions.

(2) For each application for which a tentative determination is made to issue a permit, the Commissioner shall prepare a rationale to be published with the draft permit that includes or considers as appropriate:

(a) The type and quantity of wastes, fluids, or pollutants that are proposed to be or are being treated, conveyed, pumped and hauled, land applied, or used;

(b) A brief summary of the basis for the draft permit conditions;

(d) The tentative determination regarding the proposed activity; and (e) Name, telephone number, and electronic mail address of a person to contact for additional information.

(3) No public notice is required:

(a) When a request for permit modification, revocation and reissuance, or termination is denied based on the Commissioner’s determination that the request was not justified (written notice of that denial shall be given to the requester and to the permittee); or May, 2022 6 (b) For minor permit modifications, which include corrections of typographical errors, requiring more frequent monitoring or reporting, changing an interim compliance date, or allowing a change of ownership.

(4) Public notices may describe more than one permit or permit actions.

(5) Public notice of a draft permit (including a notice of intent to deny a permit application for a new or expanded activity) required under this rule shall allow at least 30 days for public comment.

(6) Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit, and the two notices may be combined.

(7) To inform interested and potentially interested persons of the proposed activity and of the tentative determinations regarding it, public notice shall be circulated within the geographical area of the proposed activity by the following means:

(a) By mailing (either electronically or physically) a copy of the notice to the following persons:

The applicant;
Any other agency the Commissioner knows has issued, or is required to issue, other permits for the same facility or activity;
Persons on a mailing list for permit actions developed by:

(i) Including those who request in writing to be on the list; and (ii) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press, newsletters, environmental bulletins, or state law journals. The Commissioner may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Commissioner may delete from the list the name of any person who fails to respond to such a request;

To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and 5. To each state agency having any authority under state law with respect to the construction or operation of such facility.

(b) The applicant shall post a sign within view of a public road in the vicinity of the proposed SOP activity as specified by the Commissioner. The sign shall contain those provisions as specified by the Commissioner. The sign shall be of such size that it is readily visible from the public road. Also, the sign shall be maintained for at least 30 days following distribution of the approved public notice.

(c) If determined necessary by the Commissioner, any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases, website postings, or any other forum or medium to elicit public participation, may be utilized.

(8) Public notice of applications shall include the following:

May, 2022 7 (a) Name and address of the Division of Water Resources and the phone number and electronic mail address of the assigned permit writer;

(b) Name and location address of each applicant;

(d) Name of any surface waters adjacent to, or within 0.25 miles of, the proposed activity;

(e) A statement of the tentative determination to issue or deny a permit for the activity described in the application;

(g) Instructions for finding additional information online;

(9) Interested persons may submit written comments on the tentative determinations within either 30 days of public notice or such greater period as the Commissioner allows in writing. All written comments submitted shall be retained and considered in the final determination.

(10) Interested persons may request in writing that the Commissioner hold a public hearing on any application. The request shall be filed as soon as practicable within the period allowed for public comment and shall indicate the interest of the party filing it and the water quality reasons why a hearing is warranted. If there is a significant public interest in having a hearing to address water quality concerns or other requirements of the Act, the Commissioner shall hold a hearing in the geographical area of the proposed activity. Instances of doubt should be resolved in favor of holding the hearing.

(11) Special provisions regarding public notices for public hearings.

(a) In addition to the public notice procedures of paragraph (7) of this rule, notice of public hearing shall be sent to all persons who received a copy of the notice or rationale for the application, any person who submitted comments on the draft permit action, all persons who requested the public hearing, and any person who specifically requests a copy of the notice of hearing.

(b) Each notice of a public hearing shall include at least the following contents:

Name and address of the Division of Water Resources and the phone number and electronic mail address of the assigned permit writer;
Name and address of each applicant whose application will be considered at the hearing;
Name of, and approximate distance to, the nearest stream;
A brief reference to the public notice issued for each application, including identification number and date of issuance;

May, 2022 8 5. Information regarding the time and location for the hearing;

The purpose of the hearing;
A concise statement of the issues raised by the persons requesting the hearing;
Address and phone number of premises at which interested persons may obtain further information, request a copy of each draft permit, request a copy of each fact sheet, and inspect and copy forms and related documents;
A brief description of the nature of the hearing, including the rules and procedures to be followed; and 10. Any other information deemed necessary by the Commissioner.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-06-.05 GENERAL TERMS AND CONDITIONS

(1) When a permit is granted, the permit shall be subject to the provisions of the Act, these rules, and any special terms or conditions the Commissioner determines are necessary to fulfill the purposes, or enforce the provisions, of the Act. The Commissioner may impose conditions concerning the quality of treated wastewater other than those specified herein as needed based on the quality of the raw wastewater.

(2) Permits shall impose monitoring, recording, reporting, and inspection requirements as determined necessary by the Commissioner to assure adequate treatment of wastewater and proper operation of the sewerage system to meet the requirements of the Act and of this

chapter. All monitoring conducted pursuant to permits issued under this chapter shall be representative of the wastewater being sampled.

(3) Permits may require best management practices to carry out the purposes and intent of the Act.

(4) The following terms and conditions shall apply to all SOPs:

(a) The standard conditions established by paragraph (2) of Rule 0400-40-05-.07, as applicable.

(b) There shall be no discharge to any surface waters or to any location where the discharge is likely to enter surface waters, except as separately authorized by an NPDES permit.

(c) There shall be no discharge of wastewater to groundwater, except as separately authorized by an underground injection control permit.

(d) The sewerage system shall be operated in a manner preventing the creation of a health hazard or a nuisance.

(e) Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. Notwithstanding this permit, the permittee shall remain liable for any damages sustained by the State of Tennessee, including but not limited to fish kills and losses of aquatic life and/or wildlife, as a result of the discharge of wastewater to any surface or subsurface waters.

May, 2022 9 (f) Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state or federal law.

(g) The permittee may not add wasteloads to the permitted system in a quantity or quality not currently permitted without prior notice to, and written approval from, the Commissioner.

(h) The permittee shall own the sewerage system, including treatment works, collection systems, and land application areas, including any parts thereof and extensions thereto (except as provided in paragraph (2) of Rule 0400-40-06-.09), as applicable. A recorded perpetual easement in a form approved by the Commissioner may be provided in lieu of fee title. Evidence of such ownership or access rights must be provided to, and approved by, the Commissioner prior to commencement of operation. This subparagraph does not apply to land application areas for AFOs.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-06-.07 ANIMAL FEEDING OPERATIONS

In addition to the general conditions identified in Rule 0400-40-06-.05, the following special conditions apply to permits authorizing the operation of wastewater systems for animal feeding operations:

(1) The permittee shall develop, submit, obtain the Commissioner’s approval for, and keep on-site a current site-specific nutrient management plan consistent with the requirements of subparagraphs (10)(a) and (b) of Rule 0400-40-05-.14.

(2) When the AFO owner or operator makes changes to the AFO’s nutrient management plan previously submitted to the Commissioner:

(a) The AFO owner or operator shall provide the Commissioner with the most current version of the AFO’s nutrient management plan and identify changes from the previous version.

(b) The Commissioner shall review the revised nutrient management plan to ensure that it meets the requirements of this paragraph and any applicable standards and shall determine whether the changes to the nutrient management plan include revisions to the terms of the nutrient management plan as set forth in subparagraph (10)(b) of Rule 0400- 40-05-.14. The Commissioner shall advise the AFO owner or operator whether the changes meet the requirements of subparagraphs (10)(a) and (b) of Rule 0400-40-05- .14 and applicable standards. Upon such notification, the AFO owner or operator shall either make further revisions to the nutrient management plan or implement the revised nutrient management plan.

The addition of confinement buildings, settling basins, lagoons, holding ponds, holding pits, or other agricultural waste containment/treatment structures or handling systems;
The addition of new land application areas for AFOs, or the removal of existing land application areas for AFOs;

May, 2022 10 3. A substantial increase in the amount of manure produced by the operation such that the current nutrient management plan does not adequately account for the increase;

Utilization of alternative crops that were not mentioned in the previous nutrient management plan; and 5. Increases in field-specific annual land application rates for a linear plan, or increases in the total amount of nitrogen and phosphorus for each crop for a narrative plan.

(3) Permitted facilities placed into operation after April 13, 2006, must be designed, constructed, operated, and maintained in accordance with final design plans and specifications that meet or exceed standards in the USDA-NRCS Agricultural Waste Management Field Handbook (April 1992), the USDA-NRCS National Engineering Handbook (May 2014), or other defensible methodology approved by the Commissioner. At a minimum, such plans shall include the following:

(a) Any new or additional confinement buildings, waste/wastewater handling systems, waste/wastewater transport structures, waste/wastewater treatment structures, settling basins, lagoons, holding ponds, sumps, pits, and other agricultural waste containment/treatment structures constructed after April 13, 2006, shall be located in accordance with USDA-NRCS Conservation Practice Standard 313 (August 2018).

(c) The design of the open manure storage structure as determined by the most current version of USDA-NRCS’s Animal Waste Management (AWM) software (Version 2.4).

AFOs may use equivalent design software or procedures as approved in writing by the Commissioner.

(d) All inputs used in the open manure storage structure design, including actual climate data for the previous 30 years consisting of historical average monthly precipitation and evaporation values, the number and types of animals, anticipated animal sizes or weights, any added water and bedding, any other process wastewater, and the size and condition of outside areas exposed to rainfall and contributing runoff to the open manure storage structure.

(e) The planned minimum period of storage in months including, but not limited to, the factors for designing an open manure storage structure listed in subparagraph (b) of this paragraph. Alternatively, the AFO owner or operator may determine the minimum period of storage by specifying times the storage pond will be emptied consistent with the AFO’s Nutrient Management Plan.

(f) A subsurface investigation for earthen holding pond, pit, sump, treatment lagoon, or other earthen storage/containment structure suitability and liner requirements shall be a component of the system design. The subsurface investigation will include a detailed soils investigation with special attention to the water table depth and seepage potential.

The investigation shall evaluate soils to a depth of two feet below the planned bottom grade of the storage structure. Deeper investigations may be required in karst regions.

A soils/geologic investigation shall be performed by a soil scientist as described in Rule May, 2022 11

Tenn. Comp. R. & Regs. 0400-40-06-.09 COLLECTION SYSTEMS

(1) Collection system components of a sewerage system that are designed to collect, treat, or convey sewage to a treatment process shall be designed in accordance with accepted engineering practice as prescribed in Chapter 0400-40-02.

(2) Low pressure pumps, low pressure tanks, septic tank effluent pumps (STEP), STEP tanks, and septic tank effluent gravity (STEG) tanks are integral to the treatment and conveyance of sewage in a low-pressure system design, and shall be owned or under control of the municipality, other body of government, public utility district, or a privately owned public utility demonstrating lawful jurisdiction over the service area.

(3) Except as provided in paragraph (2) of this rule, all collection system components regulated by this chapter shall be owned by a municipality, other body of government, public utility district, or a privately owned public utility demonstrating lawful jurisdiction over the service area. In limited circumstances, a corporation with a demonstrated capacity to provide the managerial and operational resources necessary to maintain its sewerage system may be permitted to operate a collection system to support a business activity (e.g., a resort).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-06-.10 NON-POTABLE REUSE

(1) Scope.

(a) T.C.A. § 69-3-108(e) requires applicants for a new or expanded wastewater discharge to surface waters to consider alternatives to discharge, including land application and beneficial reuse of treated wastewater. This rule governs non-potable reuse of reclaimed wastewater, which may be authorized in a stand-alone SOP, an amendment to an existing SOP, or in an NPDES permit. Non-potable reuse is a conservation activity that replaces the use of more highly treated water, especially potable drinking water, with wastewater treated to a lesser, but sufficient, degree for safe and efficacious reuse.

Reclaimed wastewater reused for irrigation shall not be applied in excess of the evaporation rate plus the uptake rate of vegetation in the immediate distribution area to ensure there is no unpermitted discharge. Reclaimed wastewater reused as flushing water in residential neighborhoods shall be provided in distribution systems separate from those for potable water and returned to the appropriate wastewater collection system.

(b) The following activities do not constitute reuse of reclaimed wastewater within the scope of this rule:

May, 2022 12 1. Land application that uses the soil as a means of additional treatment of the wastewater produced by a treatment system authorized pursuant to this chapter;

Reclamation and reuse of harvested rainwater or stormwater;
Reclaimed wastewater produced and utilized on-site by the same treatment system (e.g., wastewater treatment plant-water system);
Industrial effluent created prior to final treatment and used for water re-circulation for step-washing or other processes, or reuse systems located on the same property as the industrial facility;
Potable reuse of reclaimed wastewater;
The reuse of reclaimed wastewater to fill residential or public swimming pools, hot tubs, wading pools, or splash pads;
The reuse of reclaimed wastewater for food preparation or incorporation as an ingredient in food or beverages for human consumption;
The resale or delivery of reclaimed wastewater to another entity without initial prior approval from the Commissioner by modification of the NPDES permit or SOP authorizing reclaimed water sales, and the subsequent contracting with other endusers without execution of the approved permit;
Reuse in impoundments with restricted access or with unrestricted access, environmental reuse, and groundwater recharge for non-potable reuse.

Impoundments intended for temporary storage of reclaimed water as part of the delivery system are not subject to regulation under this rule; and 10. Agricultural reuse for food crops or for processed food crops and non-food crops.

(c) Excess utilization of reclaimed wastewater resulting in ponding, a nuisance to adjacent properties, or discharge to waters of the state is prohibited.

(2) Application and Review.

(a) Engineering Reports, Plans and Specifications.

An applicant seeking authorization for the new or expanded reuse of reclaimed wastewater shall comply with the requirements of Chapter 0400-40-02 for submission and fee requirements. The permittee shall generate standard specifications, submit proposed standard specifications to the Commissioner for approval, and use the approved standard specifications to design and construct its reclaimed wastewater distribution system. In addition, the following minimum design requirements apply:

Any pipe conveying reclaimed wastewater for reuse must be clearly distinguished from potable water distribution systems, wastewater collection systems, and stormwater conveyance systems. The use of magenta, “purple pipe,” or similar painting scheme of fittings, valves, hydrants, and other appurtenances is an acceptable method, but other methods may be used if approved by the Commissioner. It is the responsibility of the utility delivering reclaimed water to ensure affected persons are aware of the system distinctions.
Reclaimed and potable water systems should be located at least 10 feet horizontally, or at least 18 inches vertically, apart from each other if practicable.

May, 2022 13 However, if reclaimed wastewater and potable water systems are located within 10 feet horizontally and 18 inches vertically of each other, the non-potable reclaimed wastewater system shall be treated as if it were conveying wastewater that does not meet the treatment requirements of subparagraph (3)(c) of this rule.

(b) Reclaimed Wastewater Management Plan.

An applicant seeking authorization for the new or expanded reuse of reclaimed wastewater shall submit a Reclaimed Wastewater Management Plan (RWMP) with its permit application. An applicant for renewal of a permit for reuse of reclaimed wastewater shall submit an updated RWMP if there is a material change in end user requirements from the prior submission. Material changes include changes to water quality, delivery pressure, or delivery location, and whenever the end user becomes a purveyor of reclaimed wastewater. At a minimum, the RWMP shall address:

The proposed treatment for reclaimed wastewater and the proposed treatment for wastewater to be treated under an NPDES permit or land application permit;
Storage and distribution of the reclaimed wastewater for reuse;
Schematic process flow diagrams and map of service areas;
Processes for approval of system expansion;
Procedures to meter reclaimed wastewater for reuse delivered to each end user;
Procedures for monitoring and reporting end user compliance;
Components of an education program for end users to contribute to the safe use of the system as well as program requirements to meet cross-connection and backflow prevention requirements;
Contingency plan for the disposition of treated wastewater in the event that reuse opportunities are not available at some point in the future; and 9. Standard specifications and plans for the reclaimed wastewater distribution system.

The application shall include the proposed form of end user service agreements between the provider of reclaimed wastewater for reuse and the end user for each metered recipient. The end user service agreement shall establish:

End user control over rates of delivery of reclaimed wastewater for reuse, including the minimum and maximum delivery rates and any applicable conditions for determining such rates;
Standards of water quality for the reclaimed wastewater to be delivered to the end user, including the monitoring location and the frequency of sampling and analysis;
Acknowledgment by the end user of its responsibilities with respect to the appropriate and legal use of the reclaimed wastewater;
Service agreement termination provisions; and May, 2022 14 5. If an end user becomes a provider of reclaimed water to a follow-on end user, the first end user must follow all provisions of this rule as a purveyor of reclaimed water, including but not limited to obtaining an SOP, submission of the RWMP, and issuing follow-on end user service agreements between the end user and the customer.

(d) Demonstrated Availability of Alternatives to Reuse.

Only demonstrated, consistent, year-round reuse demands can be counted toward wasteload commitments to reduce the amount of wastewater subject to discharge or land application permits. Only those reuse demands satisfying the reclaimed water purveyor’s requirements and under its ownership, or subject to a long-term contract that equals or exceeds the permit term, may be considered as meeting wasteload commitments. The Commissioner may require documentation of five years of demonstrated year-round irrigation to demonstrate consistent reuse demands.
New or expanded reuse of reclaimed wastewater will not be permitted unless the applicant demonstrates that sufficient alternatives are available in case the permitted reuse activity becomes unavailable during the permit term. Wasteload commitments based on reuse shall not exceed 25% of the total wasteload commitments, unless a contingency plan has been approved by the Commissioner to adequately address wastewater disposal needs in case the reuse option is not available in the future. Such alternative plans include, but are not limited to, land application permitted by a SOP and/or an NPDES-permitted discharge to surface waters. Conservation measures may be used on a temporary basis until an alternative can be implemented.

(3) Special Conditions for Reuse of Reclaimed Wastewater.

(a) The reclaimed wastewater for reuse must be fit for use by the end user, as defined by the end user service agreement.

(b) The permittee shall implement the Commissioner-approved RWMP. If there are any material changes in end user requirements during the permit term, the permittee shall update the RWMP and submit it to the Division for review. Upon approval, the permittee shall implement the updated RWMP.

(c) Notwithstanding any less stringent provisions established in the end user service agreement, the permittee shall comply with the following minimum standards and monitoring frequency:

Unrestricted Urban Reuse Restricted Urban Reuse Parameter Daily Limit Monitoring Frequency See Note 1 Daily Limit Monitoring Frequency See Note 1 pH 6.0-9.0 Weekly See Note 2 6.0-9.0 Weekly See Note 2 CBOD or NH3-N 10 mg/L CBOD or 5 mg/L NH3-N Weekly See Note 2 30 mg/L CBOD or 10 mg/L NH3-N Weekly See Note 2 NTU or TSS 5 NTU or 5 mg/L TSS Continuous Daily See Note 2 30 mg/L TSS Weekly See Note 2 May, 2022 15 E. coli 23 cfu/100 mL See Note 3 200 cfu/100 mL See Note 3 Chlorine residual Minimum of 1 mg/L See Note 3 Minimum of 1 mg/L See Note 3 Note 1: The monitoring frequency may be increased due to special circumstances in the NPDES permit or SOP, as agreed upon in the end user service agreement, or as agreed by the reclaimed wastewater provider.

Note 2: pH, CBOD5/NH3-N, NTU/TSS values shall be measured at the effluent sampling point of the pump station into the reclaimed water distribution system or as otherwise indicated in the SOP or NPDES permit.

Note 3: Chlorine residual limits apply only upon failure to comply with E. coli limits more than 10% of the time for the previous month after there is a demonstration that the system can meet the delivery standards. The minimum chlorine residual and E. coli shall be measured at the point of release from the reclamation system (i.e., the delivery meter) to ensure it is maintained within the distribution system. Chlorine and E. coli minimum frequency of measurement is based on weekly applications the previous month, as follows:

Weekly application volume Required measurement frequency </= 100,000 gal per week Once per week when activated >/= 100,000 gal per week Twice per week when activated >/= 1,000,000 gal per week Daily when activated (d) Monitoring and Reporting.

Monthly Operating Reports.

The permittee shall submit electronic monthly operating reports no later than the fifteenth day of the following month, including:

(i) Results for all parameters per subparagraph (3)(c) of this rule;

(ii) The volume of reclaimed wastewater delivered to each end user, including the overall total volume of reclaimed wastewater reused by the permittee; and (iii) Any discharges or releases of reclaimed wastewater from the transmission system including date, location, estimated volume, and response actions.

The permittee shall report to the Division of Water Resources whenever it becomes aware of an end user in violation of the end user agreement.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-40-06-.11 BONDS

(1) Except as provided in paragraph (2) of this rule, no person shall construct, operate, or hold out to the public as proposing to construct or operate a sewerage system unless such person first provides a bond or other financial security established by the Commissioner in accordance with the provisions of this rule.

(2) The requirements of this rule do not apply to the following:

(a) Facilities owned or operated by a governmental entity or agency;

May, 2022 16 (b) Facilities in operation prior to May 25, 1984; or (c) In accordance with T.C.A. § 65-4-201(e)(1), facilities that are bonded as required by Rule

Tenn. Comp. R. & Regs. 0400-40-06-.12 DURATION AND REISSUANCE OF PERMITS

(1) Each permit shall have a fixed term not to exceed five years. The expiration date shall be stated in the permit.

(2) Any permittee who wishes to continue to operate after the expiration date of the permit shall apply for reissuance in accordance with the provisions of Rule 0400-40-06-.03. Timely receipt of a complete application for an SOP is necessary for permit continuance. However, the Commissioner, at the Commissioner’s discretion, may accept alternative submittal materials.

(3) In determining whether to reissue a permit, the Commissioner shall review the permit and other available information to ensure that:

(a) The permittee is in compliance with or has substantially complied with all terms, conditions, requirements, and schedules of compliance of the expiring or expired permit;

(b) The Commissioner has up-to-date information on the permittee’s production levels, permittee’s waste treatment practices, nature, contents, and frequency of permittee’s permitted activities, pursuant to monitoring records and reports submitted to the Commissioner by the permittee; and (c) The activity is consistent with applicable permit requirements.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022. May, 2022 17

Tenn. Comp. R. & Regs. 0400-40-06-.13 APPEALS

Only those terms or conditions specified in the petition will be considered subject to appeal.

For permit modifications, only those terms that were the subject of the modification may be appealed. Aggrieved persons shall specify facts sufficient to establish that they have satisfied the criteria of paragraph (3) of this rule and otherwise have standing to appeal.

(3) To be entitled to a review of the Commissioner’s permit decision, aggrieved persons shall have:

(a) Submitted a written comment during the public comment period on the permit;

(4) The basis for the appeal for aggrieved persons may only include issues that:

(a) Were provided to the Commissioner in writing during the public comment period;

(5) All petitions for permit appeal shall be filed with the Board of Water Quality, Oil, and Gas within 30 days after the date that public notice of the permit issuance, denial, or modification is given by way of posting the notice on the Division’s website.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 0400-48-01-.18 and a qualified geologist. A qualified geologist is a Registered Professional Geologist licensed by the State of Tennessee or an individual who meets the requirements for the title of Certified Professional Geologist as defined by the American Institute of Professional Geologists. Unless relevant information is available to the contrary, compliance with this subparagraph during design and construction of the facility will normally demonstrate that the hydrologic connection does not exceed a maximum allowable hydraulic conductivity of 0.0028 ft/day (1 x 10 -6 cm/sec).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022.

Tenn. Comp. R. & Regs. 1220-04-13-.07 .

(3) Performance security amounts pursuant to T.C.A. § 69-3-122 shall be established by the Commissioner primarily based on the ability of a sewerage system to control the flow of sewage in the event of sewerage system failure. If the Commissioner determines that the sewerage system is capable of ceasing production or altering its business activity to prevent inadequate treatment of sewage, then the amount of the bond or financial security may be zero dollars. If a sewerage system provides sewerage treatment service to residential units or to other persons (including businesses) via lease or other contract agreement, then the security shall be set at $75,000.00 unless the sewerage system owner provides sufficient documentation of a basis for reducing the amount to the Commissioner. Acceptable bases for reducing the amount include the cost of installing alternatives that provide treatment or lawful ability to convey sewage to another sewerage treatment system.

(4) For new permits, evidence that an acceptable security can be provided by the person who will own the assets during the permit term shall be provided to the Commissioner prior to permit issuance. The permittee shall provide acceptable security to the Commissioner prior to commencing operation pursuant to the permit.

(5) For reissued permits or for permits modified to reflect new ownership of the assets, the permittee shall provide an acceptable security to the Commissioner prior to issuance or transfer of the permit.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rules filed February 14, 2022; effective May 15, 2022.

Chapter 0400-40-07 Aquatic Resource Alteration (Transferred from 1200-04-07 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-07-.01 GENERAL

(1) These rules are promulgated to prevent the future pollution of state waters and to plan for the future use of such waters so that the water resources of Tennessee might be used and enjoyed to the fullest extent consistent with the maintenance of unpolluted waters, T.C.A. § 69-3-102(b). Persons who wish to conduct an activity that may impact a stream or wetland shall consider avoidance and minimization of such impacts. If impacts to a stream or wetland will result in an appreciable permanent loss of resource values, mitigation as set forth in paragraph (7) of Rule 0400-40-07-.04 must be provided to ensure no overall net loss of resource values.

(2) Section 401 of the federal Water Pollution Control Act or Clean Water Act, 33 U.S.C. § 1341, provides that an applicant for a federal license or permit for a discharge into the waters of the United States must provide the federal licensing or permitting agency a certification from the state in which the discharge originates or will originate, and that any such discharge will comply with the applicable provisions of §§ 301, 302, 303, 306 and 307 of that Act.

(3) Additionally, the Tennessee Water Quality Control Act of 1977, T.C.A. § 69-3-108(b)(1), provides that it is unlawful for any person, except in accordance with the conditions of a valid permit, to carry out any activity which results in the alteration of the physical, chemical, radiological, biological, or bacteriological properties of any waters of the state, including wetlands. These activities include, but are not limited to: the discharge of dredge or fill material, dredging, stream channel modifications, water withdrawals, wetlands alterations including drainage, and other construction activities which result in the alteration of the waters of the state. State permits for these activities are Aquatic Resource Alteration Permits, which also serve as § 401 certifications where required. Alterations of wet weather conveyances are governed by, and must be conducted in compliance with, T.C.A. § 69-3- 108(q).

(4) This Chapter prescribes the procedures applicable to Aquatic Resource Alteration Permits, in addition to the general requirements and procedures of Chapter 0400-40-01 of the rules of the Board of Water Quality, Oil and Gas and the Department of Environment and Conservation, and the Tennessee Water Quality Control Act of 1977. Permits issued pursuant to this chapter do not authorize activities that require a National Pollutant Discharge Elimination System (NPDES) permit, a state operating permit, or an underground injection control permit.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-07. Amendments filed June 13, 2019; effective September 11, 2019.

Tenn. Comp. R. & Regs. 0400-40-07-.02 EXEMPTIONS

(1) Management activities such as timber harvesting and beaver control which do not alter or adversely affect the classified uses of waters of the state are not subject to these requirements.

(2) Agriculture and forestry activities and activities necessary to the conduct thereof and lands devoted to the production of agricultural or forestry products are exempt from the requirements of the Act and these rules, unless there is a point source discharge, as provided in T.C.A. § 69-3-120(g). Thus, normal farming, forestry and livestock management activities such as plowing, seeding, cultivating, minor drainage, water withdrawal for irrigation, and harvesting for the production of food, fiber, and forest products are exempt if they are part of an established (i.e., on-going) farming, forestry, or livestock management operation, unless there is a point source discharge.

(3) The Department of Agriculture provides guidance for development of best management practices (BMPs) for agriculture and forestry. One of the primary goals of these BMPs is the prevention of soil erosion and discharge of silt and sedimentation to streams. These BMPs should be followed. If silvicultural activities have polluted waters of the state as a result of a failure to use BMPs, the Commissioner is authorized to issue a stop work order under T.C.A. § 69-3-133.

(4) Existing water withdrawals on July 25, 2000, which do not adversely alter or affect the classified use of the source stream are not subject to these requirements.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-07. Amendments filed June 13, 2019; effective September 11, 2019.

Tenn. Comp. R. & Regs. 0400-40-07-.03 DEFINITIONS

As used in this chapter and in any ARAP issued pursuant to this chapter, the following terms have these meanings:

(1) "Act" means The Tennessee Water Quality Control Act of 1977, as amended, T.C.A. §§ 69-3- 101 et seq.

(2) "Activity" means any and all work or acts associated with the performance, or carrying out of a project or a plan, or construction of a structure.

(3) "Appreciable permanent loss of resource values" means a reduction in resource values that is expected to continue without fundamental change and is large enough to be observed and measured as resulting in more than minimal adverse effects.

(4) "Aquatic Resource Alteration Permit" or "ARAP" means a permit issued pursuant to T.C.A. § 69-3-108 of the Act, which authorizes the alteration of properties of waters of the state that result from activities other than discharges of wastewater through a pipe, ditch, or other conveyance.

(5) "Best management practices" or "BMPs" means a schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs include methods, measures, practices, and design and performance standards.

(6) "Certification" means an Aquatic Resource Alteration Permit under the Act, when required by § 401 of the federal Water Pollution Control Act, which certifies, either unconditionally or through imposition of terms under which the activity must be carried out, that the activity will comply with applicable provisions of §§ 301, 302, 303, 306, and 307 of the federal Water Pollution Control Act and Chapter 0400-40-01 of the rules of the Board of Water Quality, Oil and Gas and the Department of Environment and Conservation and the Act.

(7) "Channelization" means the alteration of stream channels including but not limited to straightening, widening, or enlarging.

(8) "Constructed wetland" means a wetland intentionally designed, built and operated on previously nonwetland sites for the primary purpose of wastewater treatment or stormwater retention; such wetlands are not created to provide mitigation for adverse impacts or other wetlands.

(9) "Cumulative impacts" means the impact on resource values which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions.

(10) "Debris" means woody materials, trash, flotsam, dislodged vegetation, and other potentially mobile materials which may, when located within a stream channel, contribute to flow blockage. This does not include gravel, sand, soil or its constituents such as silt, clay, or other sediments.

(11) "Ditch" means a man-made excavation for the purpose of conveying water. Ditches do not include streams, modified streams, or canals.

(12) "Division" means the Division of Water Resources within the Tennessee Department of Environment and Conservation.

(13) "Dredging" (sand and gravel dredging) means the removal of sand, gravel, and similar sediments or deposits from a stream, river, or lake bed or wetland by any method.

(14) "Emergency" means a situation where life, public health, the environment, or substantive improvements to real property is in immediate danger.

(15) "Erosion" means the process by which the land surface is worn away by the action of water, wind, gravity, chemicals, or a combination thereof.

(16) "Existing conditions" means the biological, chemical, bacteriological, radiological, and physical conditions of a stream or wetland at the time the project is proposed as measured by a quantitative assessment tool or other defensible scientific method as approved or determined by the Division.

(17) "General Permit" means a permit issued under the Act and this rule authorizing an alteration to state waters within the state for a specified category of activities that are substantially similar in nature.

(18) "Ground water" means water beneath the surface of the ground within the zone of saturation, whether or not flowing through known and definite channels.

(19) "HUC" means the hydrologic unit code assigned by the United States Geological Survey.

(20) "Individual Permit" means a permit issued by the Division to a specified person to conduct specified activities at a specified location. This type of permit does not authorize an activity by a class of persons or the public in general.

(21) "In the dry" means in such a manner that no equipment or dredged material is in contact with the stream or wetland and that the soil water boundary is not disturbed by equipment or that no infiltration is pumped to the stream from the dredge site.

(22) "Minimal impacts" means an activity for which the scope is very limited in area, the impact is very short in duration, and that has no appreciable impact to waters just downstream of the location of the activity.

(23) "Mitigation" means the restoration, creation, enhancement, and/or preservation of aquatic resources to compensate for unavoidable impacts as provided by paragraph (7) of Rule

Tenn. Comp. R. & Regs. 0400-40-07-.04 PERMITS

(1) Application for a Permit.

Any person who plans to engage in any of the activities outlined in T.C.A. § 69-3-108 must obtain a permit from the Commissioner to lawfully engage in such activity. When a § 401 certification is required, the ARAP also serves as the § 401 certification. There are two (2) types of ARAPs: Individual Permits and General Permits. There are several types of General Permits: (1) a General Permit that authorizes the implementation of the activity in accordance with all the terms and conditions of the General Permit without prior notice and approval from the Commissioner; (2) a General Permit that requires the applicant to notify TDEC of the planned activity prior to implementing the activity in accordance with the terms and conditions of the General Permit; and (3) a General Permit that requires the applicant to notify the Commissioner of the planned activity and receive a notice of coverage from the Commissioner prior to implementing the activity in accordance with the terms and conditions of the General Permit. ARAP applications shall be submitted on forms approved by the Commissioner, and include all of the information requested therein. Certain of the General Permits authorize an activity that is authorized by a Nationwide Permit of the U.S. Corps of Engineers and therefore serve as a § 401 Certification. Persons need not file an application with the Commissioner if they are conducting an activity pursuant to a General Permit that does not require notice or approval, but must implement the planned activity in accordance with the terms and conditions of the General Permit. Persons who desire to implement an activity pursuant to a General Permit which requires notice, or notice and prior approval, must submit the necessary documentation required by the General Permit prior to implementing the planned activity in accordance with the terms and conditions of the General Permit. A person must file an application for an Individual Permit or for a § 401 Water Quality Certification with the Division, in accordance with paragraphs (3) and (5) of this rule, to implement any activity requiring an ARAP that is not authorized by a General Permit.

(2) General Permits.

The Commissioner may issue General Permits to authorize alterations to state waters for specific categories of activities that are substantially similar in nature within the state or other specified geographical areas. General Permits for habitat alterations may be issued only for activities that do not result in an appreciable permanent loss of resource values. General Permits may be issued for water withdrawals that cause no more than de minimis degradation. When the Commissioner determines that a category or activity is suitable for coverage by a General Permit, or that substantive modification of existing General Permits is consistent with T.C.A. § 69-3-108, the Commissioner will provide notice of, and conduct a minimum of, one public hearing. The public notice will contain the relevant information, as set forth in subparagraph (4)(c) of this rule and will be published along with a copy of the draft General Permit and a rationale explaining the basis for the permit. The Division will distribute the public notice to interested persons who have requested the Division notify them of ARAP applications and by posting on the Tennessee Department of Environment and Conservation’s (TDEC’s) website. Interested persons may submit written comments on the draft General Permit within 30 days of the public notice or such greater period as the Commissioner allows. All written comments submitted shall be retained and considered in the final determination to issue a General Permit. The procedures for obtaining coverage under a General Permit shall be specified in the General Permit.

(3) Section 401 Water Quality Certification.

An applicant for a federal license or permit to conduct an activity which may result in a discharge to the navigable waters must first obtain a § 401 certification from the Division. If the proposed activity requires an ARAP, that permit serves as the § 401 certification and is subject to the application and public notice procedures for obtaining ARAP coverage established by this chapter. Coverage under a General Permit, obtained either through a notice of coverage or automatic coverage under a General Permit for which no prior notice to the Division is required, constitutes a § 401 certification. If the proposed activity does not require an ARAP, the applicant for a federal license or permit may obtain a § 401 certification by submitting a copy of the federal application to the Division and a request for a § 401 certification.

(4) Public Notice and Participation.

(a) An ARAP Individual Permit or a § 401 Certification requires the issuance of public notice seeking public participation and comment on the planned activity. However, public notice is not required for an activity authorized by General Permit because public notice is provided pursuant to paragraph (2) of this rule. Each completed application shall be subject to the public notice and participation requirements of subparagraph (b) of this paragraph with the following exceptions:

§ 401 Certification.

The Division’s procedure for issuing public notice for certification of an application for a federal license or permit pursuant to § 401 of the Clean Water Act for an activity that does not require an ARAP shall be a public notice issued by the Division. Such notice will describe the activity and advise the public of the scope of certification, their rights to comment on the proposed activity, and to request a public hearing. The notice will also inform the public to whom they should send their requests and comments.

Minimal impact activities.

For activities that are projected to have only minimal impacts to streams or wetlands, which can be readily addressed, the Commissioner may utilize a 20 day public notice period.

When the Commissioner determines that a proposed permit modification or renewal will not materially change water quality aspects of the project, or will result in an improvement of water quality, as compared to the originally permitted activity, a permit may be modified or renewed without public notice. Otherwise, a renewal or modification requires public notice.
Where the Commissioner determines an emergency situation exists, a permit for remedial action may be issued without prior public notice and participation. The emergency permit shall be advertised by public notice, however, no later than 20 days after issuance. This permit shall be subject to all other provisions of subparagraph (b) of this paragraph. The remedial actions allowed shall be limited to those necessary to remedy the emergency.

(b) Upon receipt of a completed ARAP application, the Commissioner will review and evaluate the proposed activity or project to make a determination whether to issue an Individual Permit, as described in paragraph (5) of this rule. In order to inform interested and potentially interested persons of the proposed activity, a public notice seeking public participation and comment on the activity will be given, along with a draft permit and a rationale explaining the basis for the draft permit, including the basis for determining whether a proposed activity will result in an appreciable permanent loss of resource values. Except as provided in subparagraph (5)(c) of this rule, if an activity will result in an appreciable permanent loss of resource values, the draft permit shall include requirements for mitigation and the rationale shall explain the basis for determining that the mitigation is sufficient to result in no overall net loss of resource values from existing conditions.

Name, address, and telephone number of the applicant;
Name, address, telephone number, and electronic mail address of the Division contact person;
A brief description of the proposed activity;
The location of the streams or wetlands impacted by the proposed activity;
The Division website at which additional information about the permit application can be found;
The procedure to submit comments on the proposed activity;
The procedure for requesting a public hearing; and 8. A brief description of the procedure for the Commissioner to make a final determination to issue a permit.

(d) The approved public notice shall be distributed to interested persons and shall be circulated within the geographical area of the proposed activity as follows:

The Division will distribute the approved public notice to interested persons who have requested the Division notify them of ARAP applications and by posting on the TDEC website.
The Applicant shall distribute the approved public notice to the neighboring landowners by publishing in a local newspaper of general circulation and by posting a sign within view of a public road in the vicinity of the proposed project site as specified by the Division. The sign shall contain those provisions as specified by the Division. The sign shall be of such size that is readily visible from the public road. Also, the sign shall be maintained for at least 30 days following distribution of the approved public notice.
The applicant shall provide certification to the Division of compliance with part 2 of this subparagraph.

(e) A copy of the public notice shall be sent to any person who specifically requests one.

Interested persons may submit written comments on the proposed activity within 30 days of public notice or such greater period as the Commissioner allows. All written comments submitted shall be retained and considered in the final determination to issue a permit.

(f) Interested persons, including the applicant, may request, in writing, that the Commissioner hold a public hearing on any application. Said request from interested persons must be filed as soon as possible, but no later than the end of the period allowed for public comment, and must indicate the interest of the party filing it, must concisely state the water quality issues being raised, and the reasons why a hearing is warranted. If there are water quality issues and significant public interest in having a hearing, the Commissioner shall hold one in the geographical area of the proposed activity. No less than 30 days in advance of the hearing, public notice of it shall be circulated at least as widely as was notice of the application. The Commissioner will distribute notice of the public hearing as set forth in part (d)1. of this paragraph. The notice shall cite the date, time and place of the public hearing, a statement of the issues raised by the person requesting the hearing, and the purpose of the public hearing.

(5) Individual Permits.

(a) Persons who plan to engage in any activity that requires an Aquatic Resource Alteration Permit which is not governed by a General Permit or a § 401 Water Quality Certification, must submit an application to the Commissioner for review and approval prior to implementing the planned activity. The Commissioner will review a completed application and make a determination whether to issue an Individual Permit. The application must describe the proposed activity and include all the necessary technical information for the Commissioner to make a determination.

(b) The applicant shall submit an alternatives analysis evaluating a range of potentially practicable alternatives to avoid and minimize the loss of resource values consistent with the overall purpose of the proposed activity. No Individual Permit shall be granted if there is a practicable alternative to the proposed activity that would have less adverse impact on resource values, so long as the alternative does not have other significant adverse environmental consequences.

(c) The applicant shall describe the proposed project including the use of technical terms defined in Rule 0400-40-07-.03 where relevant. The sketch or plans and specifications submitted with the application shall describe the method for implementation of the planned activity. Where the proposed activity would result in an appreciable permanent loss of resource value, the applicant must propose mitigation sufficient to result in no overall net loss of state water resource values. In the case of emergency permits or other situations compelling that measures be taken in a short time, a state, county, or local government applicant for a public works project may propose a specific mitigation plan after an Individual Permit has been issued, provided that the permit shall specify the amount of mitigation required and an implementation timeline. In this case, the permittee shall comply with the mitigation plan approved by the Division.

(d) An Individual Permit is required for water withdrawals which will or will likely result in alteration of the properties of the affected stream or wetland and will result in more than de minimis degradation as defined in Rule 0400-40-03-.04(4).

Persons proposing to withdraw water from waters of the state in a manner which will or will likely result in an alteration of the properties of a stream or wetland, shall file an application with the Division which includes the following minimum information:

(i) Proposed withdrawal rates and volumes;

(ii) Proposed withdrawal schedule; and (iii) Flow data of the source stream (if free flowing).

Where a permit for water withdrawal is required, the Commissioner shall establish permit conditions which are protective of the resource values of the affected stream or wetland. These conditions may include flow levels below which no withdrawal may occur. The Commissioner may also establish a maximum withdrawal rate in order to maintain the natural flow fluctuation characteristics of the source stream. Monitoring and reporting requirements may be established to ensure and document compliance with permit conditions.

(6) Permit Evaluation Criteria.

(a) Some activities may not be entitled to a permit. When a permit is granted, it shall require compliance with all provisions of the Act, the rules adopted pursuant to the Act, and any special terms or conditions the Commissioner determines are necessary to fulfill the purposes or enforce the provisions of the Act.

(b) A permit may be modified, suspended, or revoked for cause by the Commissioner upon such notice to the permittee as required by law. Cause shall include, but not be limited to the following:

Violation of any terms or conditions of the permit;
Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;
Causing a condition of pollution;
Violation(s) of the Act or other environmental statutes;
A change in the Act or rules that substantively impacts the content of the permit;
A change in the federal Clean Water Act that substantively impacts the content of the permit; and 7. A significant change of the physical condition(s) of the site or the waters.

(c) No activity may be authorized by the Commissioner unless any appreciable permanent loss of resource values associated with the proposed impact is offset by mitigation sufficient to result in no overall net loss of resource values from existing conditions. In a situation in which an applicant proposes mitigation that would not result in no overall net loss, the Commissioner shall not issue the permit unless the applicant redesigns the project to avoid impacts, minimize them, or provide mitigation as provided in paragraph (7) of this rule so that the redesigned project would result in no net loss of resource value. In making a decision on a permit application, the Commissioner shall determine the loss of resource values from existing conditions associated with a proposed impact and the increase in resource values of any proposed mitigation and shall consider the following factors:

Direct loss of stream length, flow, or wetland area due to the proposed activity;
Direct loss of in-stream or wetland habitat due to the proposed activity;
Impairment of stream channel stability due to the proposed activity;
Diminishment in species composition in any stream or wetland due to the proposed activity;
Direct loss of stream canopy due to the proposed activity;
Whether the proposed activity is reasonably likely to have cumulative or secondary impacts to the water resource;
Conversion of unique or high quality waters as established in Rule 0400-40-03- .06 to more common systems;
Hydrologic modifications resulting from the proposed activity;
The adequacy and viability of any proposed mitigation including, but not limited to, quantity, quality, likelihood of long term protection, and the inclusion of riparian buffers;
Quality of stream or wetland proposed to be impacted;
Whether the stream or wetland is listed on the § 303(d) list or otherwise has unavailable parameters; whether the proposed activity is located in a component of the National Wild and Scenic River System, a State Scenic River, waters designated as Outstanding National Resource Waters, or waters identified as high quality waters as defined in Rule 0400-40-03-.06, known as Tier II waters; whether the activity is located in a waterway which has been identified by the Division as having contaminated sediments; and whether the activity will adversely affect species formally listed in State and federal lists of threatened or endangered species; and 12. Any other factors relevant under the Act.

(d) All permits which require mitigation of impacts shall contain conditions requiring that the mitigation is performed properly, performed in a timely manner, and is adequately maintained.

(7) Mitigation.

(a) If an applicant proposes an activity in a stream or wetland that would result in an appreciable permanent loss of resource values, the applicant must provide mitigation which results in no overall net loss of resource values from existing conditions.

Because all streams and wetlands serve important functions, the determination of existing conditions shall ensure at least minimal protection for all streams and wetlands notwithstanding prior degradation.

The applicant shall provide the Division with a mitigation plan, including a time schedule for completion of all mitigation measures, for approval. To the extent practicable, the applicant shall complete any required mitigation, excluding monitoring, prior to, or simultaneous with, any authorized impacts. All mitigation shall include a permanent restriction on the use of the mitigation site in a form approved by the Division, including but not limited to a recorded notice of land use restrictions, conservation easement, or other equivalent mechanism.
Acceptable mitigation mechanisms include any combination of permitteeresponsible mitigation, in-lieu fee programs, mitigation banks, or other mechanisms that are reasonably assured to result in no overall net loss of resource values from existing conditions.
Acceptable mitigation methods are prioritized in the following order: restoration, enhancement, preservation, creation, or any other measures that are reasonably assured to result in no net loss of resource values from existing conditions.
The Division will evaluate resource value compensation through the use of an appropriate quantitative assessment or other defensible scientific method, and where applicable will account for temporal loss of resource values. The Division will use a watershed prioritization approach to evaluate proposed mitigation sites.

Mitigation should occur as close to the impact location as practicable, prioritized as follows:

(i) Projects providing an increase in resource values to degraded streams or wetlands on site or within the immediate impact area;

(ii) Projects providing an increase in resource values to degraded streams or wetlands within the HUC-12 in which the impact is located;

(iii) Projects providing an increase in resource values to degraded streams or wetlands within the HUC-8 in which the impact is located;

(iv) Projects providing an increase in resource values to degraded streams or wetlands outside the HUC-8 in which the impact is located; or (v) A combination of any of the above activities.

Where appropriate, the Division may apply a multiplier based on items (i) through (v) of this part.

All mitigation plans shall include a monitoring and reporting program to document timely achievement of successful mitigation and remedial actions to correct any deficiency.
Mitigation for impacts to Tennessee streams and wetlands shall occur in Tennessee.

(b) Mitigation of streams.

Mitigation for impacts to streams must be developed in a scientifically defensible manner approved by the Division that demonstrates a sufficient increase in resource values to compensate for permitted impacts. At a minimum, all new or relocated streams must include a vegetated riparian zone, demonstrate lateral and vertical channel stability, and have a natural channel bottom. All mitigation watercourses must maintain or improve flow and classified uses after mitigation is complete.

Prioritization of mitigation site selection for wetland impacts may also be based on U.S. EPA Level III ecoregions.
The ratio of acres required for wetland mitigation should not be less than 2:1 for wetland restoration; 4:1 for wetland creation and enhancement; and 10:1 for wetland preservation. Applicants may propose and utilize, subject to the Division’s approval, best professional judgment ratios. The best professional judgment ratios shall be based on the resource values and functions of the affected wetland, anticipated resource value of the proposed mitigation, temporal loss, and the likelihood of success of the proposed mitigation.

(8) Duration and Renewal of Permits.

(a) Each permit issued shall have a fixed term not to exceed five (5) years.

(b) Renewal of permits is not required for one-time alterations such as construction, as long as the alterations, mitigation, and monitoring are completed within the time limit established by permit. Any permittee that has not completed the alteration authorized by the permit, or the mitigation and monitoring required by the permit, must apply for renewal at least ninety (90) days prior to the expiration date.

(c) For ongoing alterations, such as water withdrawals, any permittee who wishes to continue the permitted activity after the expiration date of the permit must make application for renewal at least ninety (90) days prior to its expiration date. If an application for permit renewal does not fall within subparagraph (4)(a)3 of this rule, the Commissioner shall follow the procedures for public notice and participation detailed in paragraph (4) of this rule, regarding each application for renewal of the permit.

(9) Permit Appeals.

(a) Permittees, applicants for permits, and aggrieved persons meeting the criteria of subparagraph (9)(c) of this rule who disagree with the denial, issuance, terms, or conditions of a permit may seek review of the Commissioner's decision by the Board of Water Quality, Oil and Gas pursuant to T.C.A. § 69-3-105(i) and § 69-3-110.

(b) For permit modifications, only those terms that were the subject of the modification may be appealed. For permit renewals, only those terms that were changed in the permit renewal compared to the preceding permit may be appealed.

Have submitted a written comment during the public comment period on the permit;
Given testimony at a formal public hearing on the permit; or 3. Attended a public hearing as evidenced by completion of a Department of Environment and Conservation Record of Attendance Card or other method as determined by the Division.

(d) The basis for the appeal for aggrieved persons may only include issues which:

Were provided to the Commissioner in writing during the public comment period;
Were provided in testimony at a formal public hearing on the permit; or 3. Arise from any material change to conditions in the final permit from those in the draft, unless the material change has been subject to additional opportunity for public comment.

(e) All petitions for permit appeals shall be filed with the Board of Water Quality, Oil and Gas within 30 days after the date that public notice of the permit issuance, denial, or modification is given by way of posting the notice on the Division’s website. All petitioners shall specify the basis for their appeal, and state a claim for relief based on an alleged violation of the Act or the rules promulgated thereunder. Aggrieved persons shall specify facts sufficient to establish that they have satisfied the criteria of subparagraphs (9)(c) and (9)(d) of this rule and otherwise have standing to appeal.

(f) Any action taken by the Commissioner regarding a permit remains in effect unless and until an order of the Board of Water Quality, Oil and Gas or a reviewing court becomes final.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-07. Amendments filed June 13, 2019; effective September 11, 2019.

Chapter 0400-40-08 Rules and Regulations Applied To T.C.A. § 69-1-117 (Transferred from 1200-04-08 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-08-.01 GENERAL

This Chapter prescribes those requirements for Department of Environment and Conservation permits to authorize certain structures or work in or affecting navigable waters of the State of Tennessee pursuant to T.C.A. § 69-1-117 (hereinafter referred to as the Act). Certain structures or work in or affecting navigable waters of the State of Tennessee are also regulated under T.C.A. § 69-3-101 et seq., T.C.A. § 70-5-1 and § 404 of the Clean Water Act (33 U.S.C. 1344; see 33 CFR Part 323). Applicants for a Department of Environment and Conservation permit under this Chapter should refer to the other cited authorities and implementing regulations for those permit requirements to determine applicability to their proposed activities.

History

Authority: T.C.A. §§ 69-1-117 and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-08.

Tenn. Comp. R. & Regs. 0400-40-08-.02 DEFINITIONS

(1) For the purpose of this Chapter, the following words shall have the same meaning as in the Water Quality Control Act and the rules adopted thereunder: Board, Commissioner, construction, Department, Director, discharge, Division, person, pollution and waters.

(2) For the purpose of this regulation, unless the context requires otherwise, the following words shall have the definitions given.

(a) “Activity” means the performance, or carrying out of a project or construction of a structure.

(b) “Alteration” means any repair, change, removal, or addition to a structure which may affect the navigability of rivers, lakes, streams or watercourses subject to this Act.

(d) “Navigable Waters” means any river, lake, stream or watercourse, natural or manmade, or their tributaries which have been adjudicated and held to be navigable in the technical or legal sense, pursuant to T.C.A. § 69-1-101 et seq. and are not subject to the Rivers and Harbors Act, 33 U.S.C., § 401 et seq.

(e) “Obstruction” means any work, project, activity, or structure that obstructs or impedes the capability, in the usual stage of the water, of unencumbered navigation by such vessels as are employed in the ordinary purposes of commerce or recreation.

(f) “Ordinary High Water Mark” means the mark on the shore established by the fluctuations of water and indicated by physical characteristics such as: the residual December, 2013 2 particulate matter impressed on the bank and vegetation, the presence of litter and debris, changes in the character of soils and vegetation, or other appropriate means that consider the characteristics of the surrounding areas.

(g) “Ordinary Low Water Mark” means the line which constitutes the usual or ordinary stage of a river or lake, when the volume of water is not increased by rains or freshet, nor diminished below such usual stage or volume by long continued drought.

(h) “Project” means any dredging or disposal of dredged material, excavation, filling, construction of a structure or modification to an existing structure, or diversion of waters.

(i) “Structure” means any building, pier, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, mooring structure, moored floating vessel, piling, aid to navigation, or any other obstacle or obstruction.

History

Authority: T.C.A. §§ 69-1-117 and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-08.

Tenn. Comp. R. & Regs. 0400-40-08-.03 PERMITS

(1) Purpose of a Permit:

Under the Act, it is not lawful, without a permit, to authorize, undertake, or engage in any activity which has or is likely to have the effect of impairing or obstructing the navigability of any river, lake, stream or watercourse within the state which has been adjudicated and held to be navigable in the technical or legal sense pursuant to T.C.A. § 69-1-101 et seq. and is not subject to the Rivers and Harbors Act, 33 U.S.C., § 401 et seq. The Act is intended to delimit permittable structures and activities. A permit under the Act is designed to define and impose circumstances and conditions necessary to prevent any encumbrance to the navigability of navigable waters which may otherwise result from those structures or activities.

(2) Application:

(a) Except as otherwise provided in these regulations, a person who plans to engage or who is engaging in an activity below ordinary high water which may affect the course, location or condition of navigable waters must make application in writing to the Commissioner for a permit, or for modification of an existing permit.

(b) Applicants must complete and submit standard application forms supplied by the Commissioner together with such engineering reports, plans and specifications as are required. The Commissioner may subsequently request additional information as he deems necessary in order to make the permit decision.

(c) All activities which the applicant plans to undertake which are reasonably related to the same project for which a permit is required under the Act should be included in the same application.

(d) The Commissioner may reject, as incomplete, any application which does not provide all information requested on the standard application form or does not comply with subparagraph (c) of this paragraph.

(3) Notice and Public Participation:

December, 2013 3 (a) Each completed application shall be evaluated and a tentative determination of whether to issue or deny a permit shall be made. If a tentative determination is made to issue a permit, a draft permit shall be prepared that includes a proposed schedule of completion, including interim dates and requirements, and a brief description of any other proposed special conditions.

(b) In order to inform interested and potentially interested persons of a proposed activity and of the tentative determinations regarding it, public notice shall be circulated within the geographical area of the proposed activity. Upon receipt of a complete application and after a determination has been made that a permit is required, any of the following methods for distribution may be employed:

Posting in and public places within the municipality nearest the premises in which the activity is proposed; or 2. Posting near the entrance to the applicant's premises and in nearby places; or 3. Publishing in local newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation.

(c) A copy of the public notice and accompanying descriptive information shall be sent to any person who specifically requests one. In addition, a copy shall be sent to any state whose waters may be affected by the proposed activity: to any interstate agency having water quality control or navigation authority over affected waters; to the appropriate District Engineer of the U.S. Army Corps of Engineers; and to other State and Federal agencies. If so requested, the State or Interstate agency shall be provided a copy of the permit application and a copy of the proposed permit. The Commissioner shall send a copy of each notice of application and accompanying descriptive information within the state or a certain geographical area thereof to those persons who have requested the addition of their names to a mailing list. The Commissioner may annually purge the mailing list of those persons who do not renew their requests.

(d) Public notice of applications shall include the following:

Name, address, and phone number of the Division;
Name and address of the applicant(s);
Written description of the proposed activity together with maps, drawings, or other appropriate means to describe the nature of the proposed activity;
Name of the waterway at which the activity is proposed and a description of the location of the activity within or proximity to the waterway;
A statement of the tentative determination to issue or deny a permit for the activity described in the application;
Address and phone number of the premises at which interested persons may obtain further information, request a copy of the draft permit and inspect and copy forms and related documents.

(e) Interested persons may submit written comments on the tentative determinations within either 15 days of public notice or such greater period as the Commissioner allows. All written comments received before the comment deadline shall be retained and considered in the final determination. Full consideration and appropriate weight will be December, 2013 4 given to all comments, including those of federal, state, and local agencies and other experts on matters within their expertise.

(f) Interested persons, including the applicant, may request, in writing, that the Commissioner hold a public hearing on any application. Said request from interested persons must be filed no later than the end of the period allowed for public comment, and must indicate the interest of the party filing it, must concisely state the water quality issues being raised, and the reasons why a hearing is warranted. If there are water quality issues and significant public interest in having a hearing, the Commissioner shall hold one in the geographical area of the proposed activity. No less than 30 days in advance of the hearing, public notice of it shall be circulated at least as widely as was notice of the application. The Commissioner will distribute notice of the public hearing as set forth in subparagraph (c) of this paragraph, and by publishing in a local newspaper. The notice shall cite the date, time and place of the public hearing, a statement of the issues raised by the person requesting the hearing, and the purpose of the public hearing.

(4) Circumstances, Conditions and Limitations of Permits:

(a) A permit under the Act may authorize both the activity and the resulting use.

(b) The Commissioner may add special conditions to a permit when such conditions are necessary to satisfy legal requirements and to otherwise satisfy the stated purpose of the Act. Permit conditions will be directly related to the impacts of the proposal, appropriate to the scope and degree of those impacts, and enforceable.

(c) The Commissioner may suspend, modify or revoke a permit if he determines that the applicant has not complied with any of the conditions or limitations set forth in the permit, or has exceeded the scope of the work set forth in the application.

Unauthorized modifications or alterations to a permitted structure or activity are unlawful and may invalidate the permit.

(d) § 401 Water Quality Certification of any activity which requires a Department of the Army permit for the discharge of dredged or fill material under § 404 of the Clean Water Act will serve as a permit under this Chapter.

(e) Any activity or structure which was commenced before July 1, 1986, does not need a permit under this Act.

(f) The decision whether to issue a permit for an activity or structure will be based upon an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on navigability. All factors which may be relevant to the proposal must be considered.

(g) A riparian landowner’s general right of access to navigable waters is subject to the general public’s right of navigation on the water surface. Proposals which create an undue hindrance to use of, or access to navigable waters, will be deterred as contrary to the public interest.

(h) The applicant’s signature on an application is an affirmation that the applicant possesses or will possess the requisite property interest to undertake the proposed activity. A permit under the Act does not convey any property rights, either in real estate or material, or any exclusive privileges.

(i) Applications to protect property from erosion will generally be permitted. However, if the protective structure results in an interference to navigation, or is otherwise contrary December, 2013 5 to the public interest, then an attempt to define and impose reasonable alternative methods to protect the property from erosion will be accomplished by the Commissioner.

(j) The primary responsibility for determining zoning and land use matters rests with local government. It is the responsibility of the applicant to determine and comply with zoning and land use requirements.

(k) The applicant shall have the burden of demonstrating that the proposed activity will comply with the requirements of the Act.

(l) The Commissioner may deny a permit application if the proposed activity would result in an unreasonable hindrance to navigation.

(m) An activity requiring a permit under these rules may also require a permit pursuant to the Tennessee Water Quality Control Act of 1977, T.C.A. § 69-3-101 et seq. The issuance of such a permit is based upon different criteria than those of this Act and these rules. Therefore, issuance of a permit under these rules has no effect on whether a permit under T.C.A. § 69-3-101 et seq. will be issued.

(n) A permit shall continue in effect until it expires or is suspended or revoked.

(o) A permit for a structure or other activity of a permanent nature will normally have no expiration date. However, where a temporary structure is authorized, the permit will be of limited duration with a definite expiration date.

(p) A permit for construction work for a structure which requires a permit of indefinite duration will specify a time limit for completing the activity. A permit may also specify the date by which the activity must be started normally within one year of from the date of issuance. The date will be established by the Commissioner and will provide a reasonable period based upon the scope and nature of the activity involved.

(q) An extension of time of a permit for an activity or structure of a temporary nature may be granted by the Commissioner. A permit will expire if the permittee fails to request and receive an extension of time. A request for an extension of time will be processed in accordance with the regular procedures of paragraphs (2) and (3) of this rule, including public notice, except that such processing is not required where the Commissioner determines that there have been no significant changes in the attendant circumstances since the permit was issued.

(5) Reelfoot Lake (a) For the purpose of this rule, the natural water levels of the navigable stream Reelfoot Lake are delineated as follows:

The ordinary low water mark is two hundred eighty-two and four-tenths feet (282.4') mean sea level.
The full pool level is two hundred eighty-three and six-tenths feet (283.6') mean sea level.
The ordinary high water mark is two hundred eight-five feet (285') mean sea level.

(b) Structures which are located above normal full pool elevation (283.6' msl) but below ordinary high water (285' msl) are authorized by this rule.

December, 2013 6 (c) Duck blinds authorized by the Tennessee Wildlife Resources Agency pursuant to T.C.A. §§ 70-1-206 and 70-4-107 are authorized by this rule.

(6) Review of Permit Denials, Terms and Conditions: Any applicant who is denied a permit or who disagrees with the terms or conditions imposed in the permit is entitled to review of the Commissioner's decision. Any action by the Commissioner regarding a previously issued permit, such as modification or revocation of an existing permit, may also be appealed. Such appeals may be perfected by filing a request for a hearing with the Commissioner's action.

Such appeals shall be conducted in accordance with the Tennessee Uniform Administrative Procedures Act T.C.A. §§ 69-3-110 and 4-5-301 et seq.

History

Authority: T.C.A. §§ 69-1-117 and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule originally numbered 1200-04-08.

Chapter 0400-40-10 National Pollutant Discharge Elimination System General Permits (Transferred from 1200-04-10 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-10-.01 GENERAL

(1) This chapter states the manner in which the Department may issue general permits in accordance with § 402 of the Clean Water Act (33 U.S.C. § 1342) and T.C.A. § 69-3-108.

(2) Electronic reporting. This chapter requires the submission of forms developed by the Commissioner in order for a person to comply with certain requirements, including, but not limited to, making reports, submitting monitoring results, and applying for permits. The Commissioner may make these forms available electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.

Electronic submission is required when available unless waived by the Commissioner in accordance with 40 C.F.R. § 127.15, which is hereby incorporated by reference as published in the July 1, 2022, edition of the Code of Federal Regulations.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-10. Amendments filed February 14, 2022; effective May 15, 2022. Amendments filed December 20, 2023; effective March 19, 2024.

Tenn. Comp. R. & Regs. 0400-40-10-.02 DEFINITIONS

(1) “Act” means the Tennessee Water Quality Control Act, as amended, T.C.A. §§ 69-3-101 et seq.

(2) “Category of Sources” means either (1) Storm water point sources; or (2) A category of point sources other than storm water point sources, or a category of treatment works treating domestic sewage, if the sources all:

(a) Involve the same or substantially similar types of operations;

(b) Discharge the same types of wastes or engage in the same types of sludge use or disposal practices;

(d) Require the same or similar monitoring; and (e) In the opinion of the Director, are controlled more appropriately under a general permit than under individual permits.

(3) “General Permit” means a permit issued under the Act and this rule authorizing discharges from a category of sources within a geographical area.

(4) “Geographical Area” means existing geographic or political boundaries such as:

(a) Designated planning areas under §§ 208 and 303 of the Federal Clean Water Act;

(b) Sewer districts or sewer authorities;

(d) State highway systems;

(e) Standard metropolitan statistical areas as defined by the Office of Management and Budget; or (f) Any other appropriate division or combination of boundaries.

(5) “Individual Permit” means a permit issued under the Act to a specified person to conduct a discharge at a specified location.

(6) “Notice of Intent (NOI)” means a written notice by a discharger to the Director that he wishes his discharge to be authorized under a general permit.

(7) Terminology not specifically defined herein shall be defined in accordance with the Tennessee Water Quality Control Act of 1977, T.C.A. §§ 69-3-101 et seq., and the rules adopted thereunder.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-10. Amendments filed December 20, 2023; effective March 19, 2024.

Tenn. Comp. R. & Regs. 0400-40-10-.03 PERMITS

(1) Purpose of a Permit:

A permit is a license to conduct an activity which is regulated under T.C.A. § 69-3-108 in strict compliance with the conditions and limitations contained within the permit. T.C.A. § 69-3-108 explicitly states when a permit is required and what activities shall be unlawful without a permit. In addition, T.C.A. § 69-3-108 states that under no circumstances shall the Commissioner issue a permit for an activity which would cause a condition of pollution, either by itself or in combination with others. No permit shall be issued which will violate any provision of §§ 301, 302, 303, 306, or 307 of the Federal Water Pollution Control Act, or of the Tennessee Water Quality Control Act of 1977, or otherwise result in a condition of pollution. Where the Commissioner finds that a category of activities or discharges would be appropriately regulated under a general permit, he may issue such a permit.

(2) Administration.

(a) General permits may be issued, modified, revoked and reissued, or terminated in accordance with applicable requirements of T.C.A. §§ 69-3-108(e) through (j).

(b) Requiring an Individual Permit.

Notwithstanding the provisions of this rule, the Director may require any person to apply for and obtain an individual NPDES permit. Any interested person may petition the Director to take action under this rule. Cases where an individual NPDES permit may be required include the following:

(i) The discharger is not in compliance with the conditions of the general NPDES permit;

(ii) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source or treatment works;

(iii) Effluent limitation guidelines are promulgated for point sources covered by the general NPDES permit;

(iv) A Water Quality Management plan containing requirements applicable to such point sources is approved;

(v) Circumstances have changed since the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;

(vi) Standards for sewage sludge use or disposal have been promulgated for the sludge use and disposal practice covered by the general NPDES permit;

(vii) The discharge is a significant contributor of pollutants. In making this determination, the Director may consider the following factors:

(I) The location of the discharge with respect to waters of the State of Tennessee;

(II) The size of the discharge;

(III) The quantity and nature of the pollutants discharged to waters of the State of Tennessee; and (IV) Other relevant factors.

Any owner or operator authorized by a general permit may request to be excluded from the coverage of the general permit by applying for an individual permit. The owner or operator shall submit an application under T.C.A. subsection 69-3-108(a), with reasons supporting the request to the Director.
When an individual NPDES permit is issued to an owner or operator otherwise subject to a general NPDES permit, the applicability of the general permit to the individual NPDES permittee is terminated on the effective date of the individual permit.
A source excluded from a general permit solely because it already has an individual permit may request that the individual permit be revoked, and that it be covered by the general permit. Upon revocation of the individual permit, the general permit shall apply to the source.

All pollutants shall receive such treatment or corrective action so as to insure compliance with the terms and conditions of the issued permit and with the following, whenever applicable:

Effluent limitations established by the EPA pursuant to §§ 301, 302, 306, 307, 308, 318, and 405 of the Federal CWA;
Criteria and standards for Best Management Practices established by EPA pursuant to Section 304(e) of the Federal CWA;
Notwithstanding parts 1. and 2. of this subparagraph, more stringent effluent limitations may be required as deemed necessary by the Director (i) to meet any existing Federal laws or regulations, or (ii) to insure compliance with any applicable State water quality standards, effluent limitations, treatment standards, or schedule of compliance;
Calculations and specifications of effluent limits and standards shall be made in accordance with the provisions of Federal Regulations, 40 CFR 122.45 (1995). [See paragraph (3) of this rule for text of cited Federal Regulations.]

(d) Notice of Intent (NOI).

Conditions for NOI to be covered by a general permit shall be established in the general permits and operate in lieu of application requirements. A general permit shall specify whether or not an NOI must be submitted for a facility to obtain coverage under the general permit.
A general permit shall specify the time period, after an NOI is submitted, or after the general permit is issued, when coverage under the general permit is effective.
An NOI shall be on forms as may be prescribed and furnished by the Director.

(e) Signatory Requirements.

Any NOI submitted to the Director shall be signed as follows:

(i) For a corporation, by a:

(I) Responsible corporate officer, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation;

(II) Manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions that govern the operation of the regulated facility to assure long term environmental compliance with environmental laws and regulations; or (III) Person in a corporate position to whom signatory authority has been delegated by a corporate officer.

(ii) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.

(iii) For a municipality, state, federal, or other public facility, by a:

(I) Principal executive officer (i.e., the chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency); or (II) Ranking elected official.

All reports or information submitted to the Commissioner shall be signed and certified by the persons identified in part 1. of this subparagraph or a duly authorized representative of that person. A person is a duly authorized representative only if:

(i) The authorization is made in writing by the person identified in part 1. of this subparagraph;

(ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facilit y or regulated activity, or the authorization specifies an individual or position having overall responsibility for environmental matters for the company; and (iii) The written authorization is submitted to the Commissioner.

Any changes in the written authorization submitted to the Director under part 2. of this subparagraph which occur after the issuance of a permit shall be reported to the Director by submitting a copy of a new written authorization which meets the requirements of parts 1. and 2. of thi s subparagraph.
Any person signing any document under parts 1. or 2. of this subparagraph shall make the following certification: “I certify under penalty of law that I have personally examined and am familiar with the information submitted in the attached document; and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”

(f) Receipt and use of NOIs and data shall be in accordance with Rule 0400-40-01-.07.

(g) Notice of NPDES General Permits.

The Director shall give public notice of his or her intent to issue a general permit:

(i) The notice shall set forth the means by which one may comment on the draft general permit and shall give the public a comment period of at least 30 days;

(ii) The Director shall consider all comments received from the public during the comment period;

(iii) When the general permit is issued, or when the decision is made not to issue the permit, the Director shall prepare and make available to the public a set of responses to comments received during the comment period; and (iv) The Director shall schedule at least one public hearing on the general permit, and give at least 30 days notice of the hearing, and receive comments for at least 10 days after the hearing.

Public notices in part 1. of this subparagraph shall be given by mailing a copy of the notice to the following persons:

(i) EPA Region IV;

(ii) Any other agency which the Director knows has issued or is required to issue a RCRA, UIC, PSD (or other permit under the Clean Air Act), NPDES, § 404, or sludge management permit;

(iii) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources, the Tennessee Valley Authority, the Advisory Council on Historic Preservation, and the Tennessee Historical Commission, including any affected States;

(iv) Any State agency responsible for plan development under CWA Section 208(b)(2), 208(b)(4) or 303(e) and the U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service; and (v) Persons on a mailing list developed by including on the list those who request in writing to be on the list; by soliciting persons for area lists from participants in past permit proceedings in that area; and by notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state funded newsletters, environmental bulletins, or state law journals.

Public notices in part 1. of this subparagraph shall be given by publication in a daily or weekly newspaper within the area described in the general permit coverage; in the case of statewide general permits, in daily newspapers in Memphis, Nashville, Chattanooga and Knoxville.
The Director shall provide notice of the proposed NPDES general permit action to facilities and activities it knows to be potentially affected by the general permit action, and also to known agencies, associations, and other umbrella organizations for those facilities or activities.
Public notices issued under this subparagraph shall contain the following minimum information:

(i) Name and address of the Division and any section within the Division responsible for processing the permit action for which notice is being given;

(ii) A brief description of the activity addressed in the general permit, and the area of coverage of the permit;

(iii) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft general permit and rationale sheet;

(iv) A brief description of the procedures for comment, the time and place of the hearing, and other procedures by which the public may participate in the final permit decision; and (v) In addition to information described in subparts (i) through (iv) of this part, public notice of hearings shall contain reference to the date of previous public notices relating to the permit; date, time and place of the hearing; and a brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

In additio n to the general public notice described in part 5. of this subparagraph, persons identified in subparts 2.(i) through (iv) of this subparagraph shall be mailed a copy of the draft permit and rationale sheet.

(h) Public Participation in NPDES General Permits .

The public may comment on conditions of draft general permits by written comment during the public notice and comment period, by written or oral comments at public hearings, and by written comment within 10 days of a public hearing.
As provided at subparagraph (2)(b) of this rule, any interested person may petition the Director to require an individual NPDES permit for an individual facility or activity otherwise covered under a general permit.

(i) Terms and Conditions of Permits.

General Permits issued shall be subject to the terms and conditions of paragraph (4) of

Rule 0400-40-01-.05.

(j) Duration of Permits.

General Permits shall be issued for a fixed term, not to exceed 5 years, which shall be stated in the permit.

(3) Text of Cite d Federal Regulations. 40 CFR § 122.45 Calculating NPDES permit conditions (applicable to State NPDES programs, see § 123.25).

(a) Outfalls and discharge points. All permit effluent limitations, standards and prohibitions shall be established for each outfall or discharge point of the permitted facility, except as otherwise provided under § 122.44(k) (BMPs where limitations are infeasible) and paragraph (i) of this section (limitations on internal waste streams).

(b) Production-based limitations.

(1) In the case of POTWs, permit effluent limitations, standards, or prohibitions shall be calculated based on design flow.

(2) (i) Except in the case of POTWs or as provided in paragraph (b)(2)(ii) of this

section, calculation of any permit limitations, standards, or prohibitions which are based on production (or other measure of operation) shall be based not upon the designed production capacity but rather upon a reasonable measure of actual production of the facility. For new sources or new dischargers, actual production shall be estimated using projected production. The time period of the measure of production shall correspond to the time period of the calculated permit limitations; for example, monthly production shall be used to calculate average monthly discharge limitations.

(ii) (A) (1) The Director may include a condition establishing alternate permit limitations, standards, or prohibitions based upon anticipated increased (not to exceed maximum production capability) or decreased production levels.

(2) For the automotive manufacturing industry only, the Regional Administrator shall, and the State Director may establish a condition under paragraph (b)(2)(ii)(A)(1) of this section if the applicant satisfactorily demonstrates to the Director at the time the application is submitted that its actual production, as indicated in paragraph (b)(2)(i) of this section, is substantially below maximum production capability and that there is a reasonable potential for an increase above actual production during the duration of the permit.

(B) If the Director establishes permit conditions under paragraph (b)(2)(ii)(A) of this section:

(1) The permit shall require the permittee to notify the Director at least two business days prior to a month in which the permittee expects to operate at a level higher than the lowest production level identified in the permit.

The notice shall specify the anticipated level and the period during which the permittee expects to operate at the alternate level. If the notice covers more than one month, the notice shall specify the reasons for the anticipated production level increase. New notice of discharge at alternate levels is required to cover a period or production level not covered by prior notice or, if during two consecutive months otherwise covered by a notice, the production level at the permitted facility does not in fact meet the higher level designated in the notice.

(2) The permittee shall comply with the limitations, standards, or prohibitions that correspond to the lowest level of production specified in the permit, unless the permittee has notified the Director under paragraph (b)(2)(ii)(B)(1) of this section, in which case the permittee shall comply with the lower of the actual level of production during each month or the level specified in the notice.

(3) The permittee shall submit with the DMR the level of production that actually occurred during each month and the limitations, standards, or prohibitions applicable to that level of production.

(c) Metals. All permit effluent limitations, standards, or prohibitions for a metal shall be expressed in terms of “total recoverable metal” as defined in 40 CFR Part 136 unless:

(1) An applicable effluent standard or limitation has been promulgated under the CWA and specifies the limitation for the metal in the dissolved or valent or total form; or (2) In establishing permit limitations on a case-by-case basis under § 125.3, it is necessary to express the limitation on the metal in the dissolved or valent or total form to carry out the provisions of the CWA; or (3) All approved analytical methods for the metal inherently measure only its dissolved form (e.g., hexavalent chromium).

(d) Continuous discharges. For continuous discharges all permit effluent limitations, standards, and prohibitions, including those necessary to achieve water quality standards, shall unless impracticable be stated as:

(1) Maximum daily and average monthly discharge limitations for all dischargers other than publicly owned treatment works; and (2) Average weekly and average monthly discharge limitations for POTWs.

(e) Non-continuous discharges. Discharges which are not continuous, as defined in § 122.2, shall be particularly described and limited, considering the following factors, as appropriate:

(1) Frequency (for example, a batch discharge shall not occur more than once every 3 weeks);

(2) Total mass (for example, not to exceed 100 kilograms of zinc and 200 kilograms of chromium per batch discharge);

(3) Maximum rate of discharge of pollutants during the discharge (for example, not to exceed 2 kilograms of zinc per minute); and (4) Prohibition or limitation of specified pollutants by mass, concentration, or other appropriate measure (for example, shall not contain at any time more than 0.1 mg/1 zinc or more than 250 grams (¼ kilogram) of zinc in any discharge).

(f) Mass limitations.

(1) All pollutants limited in permits shall have limitations, standards or prohibitions expressed in terms of mass except:

(i) For pH, temperature, radiation, or other pollutants which cannot appropriately be expressed by mass;

(ii) When applicable standards and limitations are expressed in terms of other units of measurement; or (iii) If in establishing permit limitations on a case-by-case basis under § 125.3, limitations expressed in terms of mass are infeasible because the mass of the pollutant discharged cannot be related to a measure of operation (for example, discharges of TSS from certain mining operations), and permit conditions ensure that dilution will not be used as a substitute for treatment.

(2) Pollutants limited in terms of mass additionally may be limited in terms of other units of measurement, and the permit shall require the permittee to comply with both limitations.

(g) Pollutants in intake water.

(1) Upon request of the discharger, technology-based effluent limitations or standards shall be adjusted to reflect credit for pollutants in the discharger’s intake water if:

(i) The applicable effluent limitations and standards contained in 40 CFR Subchapter N specifically provide that they shall be applied on a net basis; or (ii) The discharger demonstrates that the control system it proposes or uses to meet applicable technology-based limitations and standards would, if properly installed and operated, meet the limitations and standards in the absence of pollutants in the intake waters.

(2) Credit for generic pollutants such as biochemical oxygen demand (BOD) or total suspended solids (TSS) should not be granted unless the permittee demonstrates that the consti tuents of the generic measure in the effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

(3) Credit shall be granted only to the extent necessary to meet the applicable limitation or standard, up to a maximum value equal to the influent value.

Additional monitoring may be necessary to determine eligibility for credits and compliance with permit limits.

(4) Credit shall be granted only if the discharger demonstrates that the intake water is drawn from the same body of water into which the discharge is made. The Director may waive this requirement if he finds that no environmental degradation will result.

(5) This section does not apply to the discharge of raw water clarifier sludge generated from the treatment of intake water.

(h) Internal waste streams.

(1) When permit effluent limitations or standards imposed at the point of discharge are impractical or infeasible, effluent limitations or standards for discharges of pollutants may be imposed on internal waste streams before mixing with other waste streams or cooling water streams. In those instances, the monitoring required by § 122.44(i) shall also be applied to the internal waste streams.

(2) Limits on internal waste streams will be imposed only when the fact sheet under § 124.56 sets forth the exceptional circumstances which make such limitations necessary, such as when the final discharge point is inaccessible (for example, under 10 meters of water), the wastes at the point of discharge are so diluted as to make monitoring impracticable, or the interferences among pollutants at the point of discharge would make detection or analysis impracticable.

(i) Disposal of pollutants into wells, into POTWs or by land application. Permit limitations and standards shall be calculated as provided in § 122.50. (Information collection requirements in paragraph (b) were approved by the Office of Management and Budget under control number 2040-0077).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-10. Amendments filed December 20, 2023; effective March 19, 2024.

Tenn. Comp. R. & Regs. 0400-40-10-.04 MUNICIPAL SEPARATE STORM SEWER SYSTEMS

(1) Permanent Stormwater Management Program.

(a) The permittee shall develop and implement a permanent stormwater management program to reduce pollutants in stormwater discharges through management practices, control techniques, and systems, design, and engineering practices implemented to the maximum extent practicable (MEP), as set forth herein.

(d) The permittee must submit an implementation plan for its permanent stormwater management program not later than 90 days after the effective date of the first new or revised permit issued after the effective date of these rules. The implementation plan shall include a brief description of the main components of the permittee’s permanent stormwater management program, which should include: codes and ordinance development and implementation; procedures for plans review and criteria for approval; procedures for conducting and tracking site inspections; and SCM operation and maintenance policies. The implementation plan shall also include a timeline to develop and implement the program. If the permittee has implemented a permanent stormwater management program that complies with all requirements of the new or revised permit, the permittee may submit an implementation plan explaining how its program complies and identifying any new or modified elements of its program. The schedule must indicate completion as soon as feasible but no later than 24 months from the effective date of the first permit issued after the effective date of these rules. Further, if implementation will take longer than 12 months, the plan must include interim milestones. Implementation plans must be submitted to the Division.

(2) Permanent Stormwater Standards.

Information relevant to identified SCMs should be made readily available. Application of innovative SCMs is encouraged. If the permittee decides to significantly limit the number of SCM options, it must be documented in the stormwater management program how the performance standards of this rule can be met with the limited set of control measures that are allowed.

(c) The water quality treatment design storm is a 1-year, 24-hour storm event as defined by Precipitation-Frequency Atlas of the United States. Atlas 14. Volume 2. Version 3.0.

U.S. Department of Commerce. National Oceanic and Atmospheric Administration (NOAA), National Weather Service, Hydrometeorological Design Studies Center, Silver Springs, Maryland or its digital product equivalent. The water quality treatment volume (WQTV) is a portion of the runoff generated from impervious surfaces at a new development or redevelopment project by the design storm, as set forth below. SCMs must be designed, at a minimum, to achieve an overall treatment efficiency of 80% TSS removal from the WQTV. The quantity of the WQTV depends on the type of treatment provided, as established in the following table:

Water Quality Treatment Volume and the Corresponding SCM Treatment Type for the 1-year, 24-hour Design Storm SCM Treatment Type WQTV Notes infiltration, evaporation, transpiration, and/or reuse runoff generated from the first 1 inch of the design storm Examples include, but are not limited to, bioretention, stormwater wetlands, and infiltration systems. biologically active filtration, with an underdrain runoff generated from the first 1.25 inches of the design storm To achieve biologically active filtration, SCMs must provide minimum of 12 inches of internal water storage. sand or gravel filtration, settling ponds, extended detention ponds, and wet ponds runoff generated from the first 2.5 inches of the design storm or the first 75% of the design storm, whichever is less Examples include, but are not limited to, sand filters, permeable pavers, and underground gravel detention systems. Ponds must provide forebays comprising a minimum of 10% of the total design volume.

Existing regional detention ponds are not subject to the forebay requirement. hydrodynamic separation, baffle box settling, other flow-through manufactured treatment devices (MTDs), and treatment trains using MTDs maximum runoff generated from the entire design storm Flow-through MTDs must provide an overall treatment efficiency of at least 80% TSS reduction. Refer to subparagraph (2)(d) of this rule.

(d) Treatment Train Calculations.

Treatment trains using MTDs.

Treatment trains using MTDs must provide an overall treatment efficiency of at least 80% TSS reduction utilizing the following formula:

The calculation:

R = A + B – (A x B) / 100 Where:

R = total TSS percent removal from application of both SCMs, A = the TSS percent removal rate applicable to the first SCM, and B = the TSS percent removal rate applicable to the second SCM.

TSS removal rates for MTD must be evaluated using industry-wide standards.

TSS removal rates for other SCMs must be from published reference literature.

Treatment trains not using MTDs.

Treatment trains using infiltration, evaporation, transpiration, reuse, or biologically active filtration followed by sand or gravel filtration, settling ponds, extended detention ponds or wet ponds may subtract the treated WQTV of the upstream SCMs from the WQTV of the downstream SCMs.

(e) The permittee may also develop a mitigation program and/or system of payment into a public stormwater fund as described in paragraph (3) of this rule.

Redevelopment projects (including, but not limited to, brownfield redevelopment);
Vertical density (floor to area ratio of at least 2, or at least 18 units per acre); and 3. Incentives as identified by the permittee, submitted to the Division and approved by the Division in writing, and documented as part of the stormwater management program.

(3) Stormwater Mitigation and Public Stormwater Fund.

(a) A permittee may choose to develop an offsite mitigation program or payment in lieu into a public stormwater fund, or both, to offset the portion of the WQTV that cannot be treated on site to the MEP. The program must ensure that off -site stormwater mitigation will be accomplished within the same USGS 12-digit hydrologic unit code watershed as the new development or redevelopment project, if practicable, and will treat a minimum of 1.5 times the portion of the WQTV not treated on site. The permittee may identify priority areas within the watershed in which stormwater mitigation projects are to be completed. The program must have a mitigation project approval procedure, and all projects must meet all requirements in this permit. Procedures and requirements in the offsite mitigation and payment in lieu programs should be documented as part of the stormwater management program and available for review.

(4) Water Quality Riparian Buffers.

(a) Stormwater discharges should enter the water quality riparian buffer as sheet flow, not as concentrated flow, where site conditions allow.

(b) Water quality riparian buffers must have the following minimum widths, unless sitespecific conditions necessitate alternative widths, as described in subparagraph (d) of this paragraph:

Average buffer width (feet)

Minimum buffer width (feet)

Exceptional Tennessee Waters or waters with unavailable parameters for siltation or habitat alteration The predominant vegetation within the minimum buffer width area should be trees. The remaining riparian buffers may be composed of herbaceous cover or infiltration-based SCMs.

(e) Water quality riparian buffer widths are measured from the top of bank also referred to as the “ordinary high-water mark.”

(5) Codes and Ordinances Review and Update.

(a) Within one year of obtaining initial permit coverage, newly permitted programs shall review local codes and ordinances using the EPA Water Quality Scorecard. A completed copy of the Scorecard shall be submitted with the subsequent annual report.

Permittees who have completed and submitted the Scorecard in the past are not required to repeat this review.

(b) Newly permitted programs shall update codes and ordinances or other legal instruments as necessary to comply with the permit within 24 months of coverage under this permit. Current permittees shall continue to implement the existing permanent stormwater management program and update legal instruments according to the compliance schedule in subparagraph (1)(d) of this rule.

(6) Development Project Plan Review, Approval, and Enforcement.

The permittee shall develop and implement project plan review, approval, and enforcement procedures applicable, at a minimum, to all new development and redevelopment projects, which shall include:

(a) Procedures for review and approval of site plans, including inter-departmental consultations and a re-submittal process when modifications to the project require changes to an approved site design plan;

rule; and (c) A verification process to document that SCMs have been installed per design specifications within 90 days of installation. Verification shall include submission of asbuilt plans to the permittee, permittee inspection, or inspectio n by a qualified design professional. The verification process shall include enforcement procedures to bring noncompliant projects into compliance, which shall be detailed in the enforcement response plan.

(7) Maintenance of Permanent Stormwater Control Measure Assets.

(b) The permittee must develop and implement a program to require implementation of appropriate SCM maintenance procedures to sustain pollutant reduction efficiency for the life of the new development or redevelopment project. All procedures, reports, and documentation must be maintained as part of the stormwater management program.

The program must include at a minimum:

The development and documentation of maintenance and inspection procedures and frequencies for approved SCMs, which shall require all SCMs to be inspected at least once every five years by the permittee, a licensed professional engineer, a licensed landscape architect, or other qualified professional familiar with applicable SCM design and maintenance requirements;
The development and documentation of the procedure the permittee will use to verify that SCMs are being inspected and maintained including any written reports from the responsible party;
A clear, documented, legally binding agreement assigning SCM maintenance responsibility to the owner/operator, a third party, or the permittee as appropriate.

(8) Inventory and Tracking of Permanent Stormwater Control Measure Assets.

A brief description of the type of SCM and basic design characteristics;
The responsible party contact information;
Inspection schedules (both permittee and responsible party);
A brief description of or reference to maintenance procedures and frequency;
Photographs of the installed SCMs; and 6. Maintenance and inspection records.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: New rule filed February 14, 2022; effective May 15, 2022. Amendments filed December 20, 2023; effective March 19, 2024.

Chapter 0400-40-11 Environmental Protection Fund Fees (Transferred from 1200-04-11 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-11-.01 :

(i) Large Pretreatment Program $6,920 (ii) Medium Pretreatment Program $4,150 (iii) Small Pretreatment Program $1,380 15. Mining:

(i) Area equal to or greater than 500 acres $6,920 (ii) Area equal to or greater than 400 acres and less than 500 acres $6,230 (iii) Area equal to or greater than 300 acres and less than 400 acres $5,540 (iv) Area equal to or greater than 200 acres and less than 300 acres $4,840 (v) Area equal to or greater than 100 acres and less than 200 acres $4,150 (vi) Area equal to or greater than 75 acres and less than 100 acres $3,460 (vii) Area equal to or greater than 50 acres and less than 75 acres $2,770 (viii) Area equal to or greater than 25 acres and less than 50 acres $2,080 (ix) Area equal to or greater than 10 acres and less than 25 acres $1,380 (x) Area equal to or greater than 5 acres and less than 10 acres $1,040 (xi) Area less than 5 acres $690 (Note: Fees are based on area being mined or area not yet reclaimed.)

Mining Reclamation $350 17. Stormwater Discharge Permits for Municipal Separate Storm Sewer Systems (MS4):

(i) Large MS4s $10,380 (ii) Medium MS4s $6,920 (iii) Small MS4s $3,460 18. 401 Certification or ARAP permits that require monitoring of permitted activities or compensatory mitigation $500 19. Water Withdrawal ARAP permits that require monthly operational reports, provided an annual maintenance fee has not been paid under Rule 0400-45-01-.32 $1,000 (c) Plan Review Fees shall apply to new facilities as well as the expansion or modification of existing facilities. If the submittal includes more than one listed category, the fee will be the sum of the fees listed for each individual category. Review of plans documents will not commence until all fees required by these rules are paid in full. Plan Review Fees shall be as follows (Capped at $1,500):

Major Industrial Wastewater Treatment Facility:

(i) Flow equal to or greater than 5 MGD $1,500 (ii) Flow less than 5 MGD $1,000 2. Minor Industrial Wastewater Treatment Facility:

(i) Flow equal to or greater than 0.1 MGD $ 500 (ii) Flow less than 0.1 MGD $ 250 3. Sewage Treatment Facility:

(i) Flow equal to or greater than 5 MGD $1,500 (ii) Flow equal to or greater than 1 MGD and less than 5 MGD $1,000 (iii) Flow equal to or greater than 0 .075 MGD and less than 1 MGD $ 500 (iv) Flow less than 0.075 MGD $ 250 4. Collection Systems or Force Main: $25.00 per 250 feet or portion thereof of sewage collection line or force main excluding service laterals. Total fee not to exceed $1,500.

Equalization Basins:

(i) Holding capacity equal to or greater than 5 million gallons (MG) $ 300 (ii) Holding capacity equal to or greater than 1 MG and less than 5 MG $ 200 (iii) Holding capacity equal to or greater than 0.075 MG and less than 1 MG $ 100 (iv) Holding capacity less than 0.075 MG $ 50 6. Pumping Stations:

(i) Design capacity equal to or greater than 5 MGD $ 300 (ii) Design capacity equal to or greater than 1 MGD and less than 5 MGD $ 200 (iii) Design capacity equal to or greater than 0.075 MGD and less than 1 MGD $ 100 (iv) Design capacity less than 0.075 MGD (Does not include grinder pumps for septic tanks and septic tank effluent pumps) $ 50 7. Mining Operations:

(i) Coal $ 250 (ii) Non-Coal — $25.00 per acre, not to exceed $1,500 (iii) Reclamation $ 250 (iv) Quarries $ 250 8. Wastewater Plant and/or Collection System Modification:

The plans review fee for modifications to wastewater plants and/or collection systems shall be 20% of the full review fee based on the category and size of the resulting facility.

(d) Delegated Plans Review Authority:

Units of local government, which have been granted plans review authority, shall pay an annual fee of $1,000. Failure of local government to pay this fee will be cause for the revocation of plans review authority.

(e) Engineering Report Review 1. Major Industrial Wastewater Treatment Facility:

(i) Flow equal to or greater than 5 MGD $1,500 (ii) Flow less than 5 MGD $1,000 2. Minor Industrial Wastewater Treatment Facility:

(i) Flow equal to or greater than 0.1 MGD $500 (ii) Flow less than 0.1 MGD $250 3. Sewage Treatment Facility:

(i) Flow equal to or greater than 5 MGD $1,500 (ii) Flow equal to or greater than 1 MGD and less than 5 MGD $1,000 (iii) Flow equal to or greater than 0.075 MGD and less than 1 MGD $500 (iv) Flow less than 0.075 MGD $250 (3) Collection of Fees (a) Fees resulting from application for a permit, maintenance of a permit or plans review, shall be made Payable and Mailed to the Department of Environment and Conservation; Attention: Environmental Protection Fees — Water Resources.

(b) Payments shall be clearly identified as to the permit, application, or plans to which they apply.

(4) Penalties (a) Any unpaid fee or portion thereof is subject to penalty.

(b) For any part of any fee imposed but not paid within the specified period of 15 days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added thereto. In addition, the fees not paid within 15 days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid. However, the total of the penalties and interest that accrue pursuant to this paragraph shall not exceed three times the amount of the original fee.

(c) The Commissioner of Environment and Conservation may file an action in the Chancery Court of Davidson County or any Court of competent jurisdiction for a judgment in the amount owed the State under the Water Quality Control Act, T.C.A. §§ 69-3-101 et seq.

(5) Hearings (a) Any person required to pay any fee specified in this rule, who disagrees with the calculation or applicability of the fee, may petition the Board of Water Quality, Oil and Gas for a hearing. In order to perfect a hearing, the objecting party must present to the Technical Secretary of the Board, not later than 15 days after the fee due date:

a petition for hearing, and 2. the total amount of the fee.

(b) Such hearing shall be in accordance with contested case provisions set forth in T.C.A.

Title 4, Chapter 5.

(c) If the fee was improperly assessed, the Technical Secretary shall return the amount determined to be improperly assessed plus interest on the excess accrued from the date the fee was presented to the Technical Secretary.

History

Authority: T.C.A. §§ 69-3-101 et seq., 68-203-101 et seq, and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-11. Amendments filed January 14, 2014; effective April 14, 2014. Amendment filed June 13, 2014; effective September 11, 2014. Amendments filed February 8, 2016; effective May 8, 2016.

Tenn. Comp. R. & Regs. 0400-40-11-.02 FEES

(1) Types of Fees (a) Application fees for permit issuance or renewal shall be paid in full upon submittal of an application. The Department will not process an application without having received the fee. No refunds of permit application fees may be made for any reason, other than as required by T.C.A. § 68-203-101 et seq.

(b) Fees for 401 Certification of permits issued by the U.S. Army Corps of Engineers shall be sent to the Department by the applicant with either a copy of or reference to the application filed with the Corps.

(c) 1. Except for part 2 of this subparagraph, permit annual maintenance fees shall be paid to the Department for every year the permit is in effect by the permittee.

The annual maintenance fee shall be due within 45 days of issuance of an invoice.

Maintenance fees for post-project monitoring with fixed time periods shall be assessed in total at the time of permit issuance.

(d) Plan review fees must be submitted before the review will be conducted or approval granted.

(2) Schedule of Fees (a) The Application Fees for the processing of applications for 401 certifications and ARAP permits and notices of intent for coverage under a general permit and for decentralized wastewater systems shall be as follows:

401 Certification or ARAP (Capped at $5,000):

(i) Projects with 5 or more points of impact and requiring compensatory mitigation $5,000 (ii) Projects not requiring compensatory mitigation, any number of impact points $2,500 (iii) Projects with less than 5 points of impact, with or without mitigation requirements $2,500 (iv) Watershed District Projects $1,000 (v) Projects seeking Notice of Coverage under a general permit $500 (Note: Multiple impact points may be covered under one general permit provided the impacts are of the same general permit type, such that each impact would be subject to identical general permit conditions, and provided the cumulative degradation or other aspect of the activities does not require coverage under an individual permit.)

(vi) Personal residence, family farm, or recreational prospecting for gold or other precious and semi-precious ores, metals and minerals $50 (vii) Projects that replace, restore or repair public infrastructure or remediate damages from flooding or storm events and qualify for federal disaster assistance are exempt from subparts (i), (ii), (iii), (iv), (v) and (vi) of this

part.

For the purposes of part 1 of this subparagraph, points of impact shall mean discreet physical locations on one or more jurisdictional water features within an overall project (common plan of development), at which regulated alteration activities are proposed.

Construction Stormwater permits:

(i) Projects equal to or greater than 150 acres $10,000 (ii) Projects equal to or greater than 50 acres and less than 150 acres $6,000 (iii) Projects equal to or greater than 20 acres and less than 50 acres $3,000 (iv) Projects equal to or greater than 5 acres and less than 20 acres $1,000 (v) Projects equal to or greater than 1 acre and less than 5 acres $250 (vi) Projects seeking subsequent coverage under an actively covered larger common plan of development or sale $100 3. Decentralized Wastewater Systems (i) Systems greater than 0.075 MGD $1,000 plus $150 for each additional 0.02 MGD (ii) Systems greater than 0.05 MGD and less than 0.075 MGD $1,000 (iii) Systems greater than 0.02 MGD and less than 0.05 MGD $750 (iv) Systems less than 0.02 MGD $500 (b) Permit Annual Maintenance Fees shall be as follows for these categories of permitted activities (Capped at $15,000):

Gravel Dredging $300 2. Gravel Dredging for Personal Residence or Family Farm $0 3. Major Industrial Treatment Facility:

(i) Flow equal to or greater than 10 MGD $10,380 (ii) Flow equal to or greater than 1 MGD and less than 10 MGD $8,650 (iii) Flow equal to or greater than 0.5 MGD and less than 1 MG $6,920 (iv) Flow equal to or greater than 0.1 MGD and less than 0.5 MGD $5,190 (v) Flow less than 0.1 MGD $3,460 4. Minor Industrial Treatment Facility:

(i) Flow equal to or greater than 10 MGD $6,920 (ii) Flow equal to or greater than 1 MGD and less than 10 MGD $5,190 (iii) Flow equal to or greater than 0.5 MGD and less than 1 MGD $3,460 (iv) Flow equal to or greater than 0.1 MGD and less than 0.5 MGD $1,380 (v) Flow less than 0.1 MGD $690 5. Treated Wastewater Dischargers with flows <0.001 MGD $140 6. Stormwater Discharge Permits associated with Industrial Activities:

(i) Facilities equal to or greater than 500 acre $970 (ii) Facilities equal to or greater than 400 acres and less than 500 acres $900 (iii) Facilities equal to or greater than 300 acres and less than 400 acres $830 (iv) Facilities equal to or greater than 200 acres and less than 300 acres $760 (v) Facilities equal to or greater than 100 acres and less than 200 acres $690 (vi) Facilities equal to or greater than 50 acres and less than 100 acres $620 (vii) Facilities equal to or greater than 25 acres and less than 50 acres $550 (viii) Facilities equal to or greater than 10 acres and less than 25 acres $480 (ix) Facilities equal to or greater than 5 acres and less than 10 acres $420 (x) Facilities equal to or greater than 1 acres and less than 5 acres $350 (xi) Facilities equal to or greater than 0 acres and less than 1 acre $0 7. Sewage Treatment Facility Flow:

(i) Flow equal to or greater than 5 MGD $10,380 (ii) Flow equal to or greater than 4.5 MGD and less than 5 MGD $10,030 (iii) Flow equal to or greater than 4 MGD and less than 4.5 MGD $9,690 (iv) Flow equal to or greater than 3.5 MGD and less than 4 MGD $9,340 (v) Flow equal to or greater than 3 MGD and less than 3.5 MGD $9,000 (vi) Flow equal to or greater than 2.5 MGD and less than 3 MGD $8,300 (vii) Flow equal to or greater than 2 MGD and less than 2.5 MGD $7,610 (viii) Flow equal to or greater than 1.5 MGD and less than 2 MGD $6,920 (ix) Flow equal to or greater than 1 MGD and less than 1.5 MGD $6,230 (x) Flow equal to or greater than 0.75 MGD and less than 1 MGD $5,540 (xi) Flow equal to or greater than 0.5 MGD and less than 0.75 MGD $4,840 (xii) Flow equal to or greater than 0.25 MGD and less than 0.5 MGD $3,460 (xiii) Flow equal to or greater than 0.1 MGD and less than 0.25 MGD $1,730 (xiv) Flow equal to or greater than 0.075 MGD and less than 0.1 MGD $1,040 8. Small Mechanical Facility flow less than 0.075 MGD $690 9. Small Non-Mechanical Facility flow less than 0.075 MGD $350 10. Non-Discharging Facility:

(i) Influent flow equal to or greater than 0.5 MGD $4,840 (ii) Influent flow equal to or greater than 0.1 MGD and less than 0.5 MGD $2,770 (iii) Influent flow equal to or greater than 0.075 MGD and less than 0.1 MGD $1,380 (iv) Influent flow less than 0.075 MGD $350 (v) Satellite collection systems $1,380 (vi) Pump and haul $350 11. Other Waste or Wastewater Operations Requiring Permit $1,380 12. General Permits (i) For construction activities that exceed one year under general permit coverage:

(I) Projects equal to or greater than 150 acres $3,750 (II) Projects equal to or greater than 50 acres and less than 150 acres $2,000 (III) Projects equal to or greater than 20 acres and less than 50 acres $1,000 (IV) Projects equal to or greater than 5 acres and less than 20 acres $500 (V) Projects equal to or greater than 1 acre and less than 5 acres $125 (ii) For minor activities that require no notification to obtain general permit coverage, recreational prospecting for gold or other precious and semiprecious ores, metals and minerals, or concentrated animal feeding operations $0 (iii) All other activities $350 13. Concentrated animal feeding operations covered by an individual permit $350 14. Municipal Pretreatment Programs as defined in subparagraph (2)(a) of Rule

Tenn. Comp. R. & Regs. 0400-40-11-.03 SCHEDULE FOR TIMELY ACTION

(1) General (a) Permits required under part (2)(a)1 of Rule 0400-40-11-.02 shall be issued or denied within 90 days of receipt of the application. If a public hearing is scheduled, in response to comments by interested parties or the applicant requests additional time, an additional 90 days may be added to the allowable timeframe.

(b) Permits required under part (2)(a)2 of Rule 0400-40-11-.02 shall be issued or denied within 30 days of receipt of the application.

(c) Permits for major industries or sewage treatment facilities with flow over 1 MGD shall be issued or denied within 1 year of receipt of the application. If a public hearing is scheduled, in response to comments by interested parties, additional time is requested by the applicant, or EPA requests additional time, an additional 90 days may be added to the allowable timeframe.

(d) All other permits for wastewater treatment systems required under paragraph (2) of

Rule 0400-40-11-.02 shall be issued or denied within 180 days of receipt of the application. If a public hearing is scheduled, in response to comments by interested parties, additional time is requested by the applicant, or additional time is requested by EPA, an additional 90 days may be added to the allowable timeframe.

(e) The Division shall complete its review of plan documents within 30 days of receipt, provided the plans contain sufficient information to make the necessary determinations.

(f) If the Division fails to issue or deny the permit or review plans within the time frames specified in subparagraphs (a) through (e) of the paragraph, the permit application filing/processing fee and/or plans review fee will be refunded to the applicant.

(g) A quarterly report will be provided to the Board of Water Quality, Oil and Gas. The report shall contain information on the timeliness of permit processing and plans review.

History

Authority: T.C.A. §§ 69-3-101 et seq., 68-203-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-11.

Chapter 0400-40-12 Silvicultural Activity Stop Work Orders (Transferred from 1200-04-12 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-12-.01 SILVICULTURAL ACTIVITY STOP WORK ORDERS – GENERAL

(1) General (a) Purpose, Scope and Applicability The purpose of this Chapter is to implement the amendment to the Tennessee Water Quality Control Act, T.C.A. §§ 69-3-101 et seq., by Public Chapter 680 of the Acts of 2000. This statute gives the Commissioner new authority to alleviate pollution of waters of the state when caused by silvicultural activities due to the operator’s failure or refusal to employ forestry best management practices (BMPs). Under the Act, the Commissioner of the Department of Environment and Conservation may issue a stop work order to the operator of the silvicultural activities, the order remaining in force until such time as compliance is achieved. This Chapter also implements a requirement for notification of silvicultural activities to the Commissioner of Environment and Conservation and to the Commissioner of Agriculture prior to commencement of any such activities by operators who have been formally found to have violated the Tennessee Water Quality Control Act related to silvicultural activities within the past two years.

These rules are promulgated specifically in response to the directive in § 6 of Public

Chapter 680 for criteria and procedures for the issuance, appeal, and suspension of Stop Work Orders.

(b) Use of Number and Gender - As used in these rules:

Words in the masculine gender also include the feminine and neuter genders; and 2. Words in the singular include the plural; and 3. Words in the plural include the singular.

(1) Paragraph (a) Subparagraph 1. Part (i) Subpart (I) Item I. Subitem A. Section (A) Subsection (2) Definitions When used in these rules the following terms have the meanings given below unless otherwise specified:

“Act” means P.Ch. 680 of the Acts of 2000.

“Commissioner” means the Commissioner of the Department of Environment and Conservation, or in the event of the Commissioner’s absence, or a vacancy in the office of Commissioner, the Deputy Commissioner.

“Date of a finding of violation” means the date of issuance of a Commissioner’s Order or Stop Work Order or the date of entry of a court order.

“Finding of violation” means a Commissioner’s Order, a Stop Work Order, or a ruling, order, or judgment of a court that makes a finding that an operator has violated the Water Quality Control Act in the conduct of silvicultural activities.

“Forestry best management practices” or “BMP’s” mean those land and water resource conservation measures that prevent, limit, or eliminate water pollution for forest resource management purposes, as provided in Tennessee Department of Agriculture rules for forestry best management practices, Chapter 0800-07-02 and the interim forestry BMP’s specifically identified by the Department of Agriculture pursuant to § 1 of the Act.

“Silvicultural activities” means those forest management activities associated with the harvesting of timber and including without limitation the construction of roads and trails.

“Operator” as used in context of silvicultural activities, means any person(s) that conducts or exercises control over any silvicultural activities; provided, however, that the term “operator” shall not include an owner if the silvicultural activities are being conducted by an independent contractor.

“Owner” as used in the context of silvicultural activities, means any person(s) that owns or leases land on which silvicultural activities occur or owns timber on land on which silvicultural activities occur.

“Stop Work Order” means an order issued by the Commissioner of the Department of Environment and Conservation requiring the operator to immediately cease part or all silvicultural activities.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 18, 2013; effective December 17, 2013. Rule renumbered from 1200-04-12.

Tenn. Comp. R. & Regs. 0400-40-12-.02 SILVICULTURAL ACTIVITY STOP WORK ORDERS – PROCEDURES

(1) Procedures (a) Upon receipt by either the Tennessee Department of Environment and Conservation (TDEC) or Tennessee Department of Agriculture (TDA) of a complaint alleging that water pollution has occurred as a result of silvicultural activities, either TDEC or TDA, or both will conduct an investigation of the complaint.

(b) The operator will be given the opportunity to employ forestry best management practices, or other such remedial actions as are necessary, to come into compliance prior to commencing to obtain a Stop Work Order, except when the Commissioner deems otherwise necessary to address water pollution.

(c) Following a joint investigation or site visit by TDEC and/or TDA, if a stop work order is deemed necessary to abate pollution of waters of the State, TDEC shall begin procedures to issue a stop work order when all of the following criteria are met:

An operator has failed or refused to use forestry best management practices (BMP); and 2. A point source discharge has been created as a result of failure or refusal to use BMPs; and 3. Waters of the State have been polluted as a result of silvicultural activities.

(d) A request for stop work order will be completed by TDEC staff, and a stop work order will be submitted to the Commissioner for his consideration. The Commissioner of the Department of Environment and Conservation may issue the stop work order against the operator, following consultation with the Commissioner of Agriculture.

(e) The Stop Work Order 1. The stop work order shall contain at a minimum the following information:

(i) The name and address of the operator;

(ii) The name and address of the owner if different than the operator;

(iii) The location of the silvicultural activity;

(iv) The waterbody affected by the pollution;

(v) A description of the failure or refusal to use BMPs;

(vi) The nature of the point source discharge created by the activity; and (vii) A description of the water pollution which has occurred.

The Stop Work Order will be hand delivered to the operator and the owner on the site or their last known addresses, if they are in the state. If they are out-of-state, it will be sent by certified mail, return receipt requested.
The stop work order shall require that the operator cease the silvicultural activities that are contributing to such pollution. This may include all of the silvicultural activities if they all contribute to the pollution.
The stop work order shall remain in effect until the operator installs forestry best management practices that eliminate existing pollution and prevent further pollution associated with the silvicultural activities.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 18, 2013; effective December 17, 2013. Rule renumbered from 1200-04-12.

Tenn. Comp. R. & Regs. 0400-40-12-.03 NOTIFICATION BY OPERATORS WITH A FINDING OF VIOLATION

(1) No operator with a finding of violation that has not been overturned or reversed on appeal shall begin silvicultural activities within two years of the date of the finding of violation unless the operator has filed a written notification of the start of said silvicultural activities with the Commissioner of Agriculture and with the Commissioner of Environment and Conservation as required by paragraph (2) of this rule.

(2) At least ten (10) days prior to commencement of silvicultural activities, the operator with such a finding of violation shall file a written notification with the Commissioner of Agriculture and with the Commissioner of the Department of Environment and Conservation. Such notification shall include the following information:

(a) The name and address of the owner, and the name and address of the operator, if different than the owner; and (b) The location of the silvicultural activities and estimated acreage; and (c) The anticipated beginning date for, and the anticipated duration of, the silvicultural activities.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 18, 2013; effective December 17, 2013. Rule renumbered from 1200-04-12.

Tenn. Comp. R. & Regs. 0400-40-12-.04 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 18, 2013; effective December 17, 2013. Rule renumbered from 1200-04-12. Repeal filed August 22, 2024; effective November 20, 2024.

Tenn. Comp. R. & Regs. 0400-40-12-.05 MEETINGS, APPEALS, AND HEARINGS

(1) An appeal or request for hearing of any stop work order issued by the Commissioner of the Department of Environment and Conservation shall be made to the Board of Water Quality, Oil and Gas in writing by the operator and filed with the Commissioner of the Department of Environment and Conservation within thirty (30) days of receipt of notice of the Stop Work Order.

(2) If an appeal or hearing is requested, the operator shall also be afforded the opportunity to meet with the Commissioner of the Department of Environment and Conservation or, at the Commissioner’s option, meet with the Deputy or Assistant Commissioner, within three (3) working days after the hearing request is filed, to discuss the alleged violation and show cause why a stop work order should not have been issued. Such a meeting shall be an informal event in the nature of a settlement discussion and shall not be a contested case within the meaning of the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq.

(3) If, as a result of such a meeting, the Commissioner, or if the meeting was with the Deputy or Assistant Commissioner, such deputy or assistant commissioner decides to make any modification or revocation of the stop work order, it shall be accomplished in writing after consultation with the Commissioner of the Department of Agriculture. Both the Stop Work Order and any document modifying or revoking it shall be public records.

(4) If the Commissioner, or if such meeting was held with the Deputy or Assistant Commissioner, such Deputy or Assistant Commissioner upholds the stop work order, it shall remain in effect until resolution of the appeal or the operator comes into compliance.

(5) If no request for hearing is made within thirty (30) days of receipt of the Stop Work Order, the stop work order becomes final and not subject to review. The Commissioner may seek injunctive relief in a court of competent jurisdiction, if necessary, to enforce any final order.

(6) If an operator who files a request for a hearing before the Board of Water Quality, Oil and Gas either does not seek the informal meeting described in paragraphs (2) through (4) of this

rule, or is not satisfied with the result of such a meeting, the matter shall be resolved through the process for contested case hearings before the Board under the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301 et seq.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 18, 2013; effective December 17, 2013. Rule renumbered from 1200-04-12.

Chapter 0400-40-13 Inter-Basin Water Transfers (Transferred from 1200-04-13 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-13-.01 PURPOSE, SCOPE, AND APPLICABILITY

(1) Purpose of The Inter-Basin Water Transfer Act As the population and demand for water resources grow, it is prudent to engage in planning for the future and to have an explicit mechanism in place to regulate proposals for the diversion of water from one river basin to another. By removing water from rivers, such interbasin transfers raise issues of the protection of the public health, safety, welfare and the environment, as the water is no longer available for use in the original stream. The primary

purpose of The Inter-basin Water Transfer Act is to allow regulation on the basis of the quantity of water in river basins. Although the common law addresses some of these concerns, it relies on after-the-fact litigation rather than a modern regulatory system. As The Inter-basin Water Transfer Act is remedial and police power legislation, the General Assembly has declared that it shall be liberally construed to effectuate its purpose.

(2) Purpose of this Chapter The purpose of this chapter is to implement the Inter-basin Water Transfer Act through establishing procedures and requirements for permit application, processing, terms and conditions for permits, and otherwise regulate the inter-basin transfer of water.

(3) Who must apply for a permit:

(a) All persons or entities:

which have been granted powers by the State of Tennessee to acquire water, water rights and associated property by eminent domain or condemnation; or 2. which acquire or supply water for the use or benefit of public water supply systems as defined in Title 68, Chapter 221, Section 703, shall, when proposing a new or increased withdrawal of surface water or ground water for the purpose of transferring and/or diverting some or all of it out of a river basin either directly or through one (1) or more intermediaries, first apply for and obtain a permit from the commissioner, or his or her designee, prior to such diversion or transfer; provided, however, that in the case of ground water withdrawal this section shall only apply if the loss of the ground water has a significant potential to adversely affect the flow of a Tennessee surface water.

December, 2013 2 (b) Subparagraph (a) of this paragraph states who must apply for a permit as it is stated in T.C.A. § 69-7-201. Without limiting what is stated there, the following are examples of entities that must apply for a permit:

A new public water system whose service area will include an area that is outside of the basin of origin;
A public water system that proposes a new withdrawal point that is not in the same basin as some or all of the system;
A public water system that proposes to increase the amount it is withdrawing in order to transfer some or all of it to a system in a basin different from the basin of origin;
A public water system that proposes to increase the amount it is withdrawing in order to transfer some or all of it to another system in the basin of origin that will then transfer the water to a system in a basin different from the basin of origin; and 5. A private individual or corporation that proposes to withdraw water and transfer it to a public water system in a basin different from the basin of origin, either directly or through an intermediary.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.02 DEFINITIONS

When used in this Rule the following terms have the meanings given below unless otherwise specified:

“Act” means The Inter-basin Water Transfer Act, T.C.A. §§ 69-7-201 et seq.

“Basin” or “river basin” means the entire topographic extent of the ten watersheds and combinations of watersheds named in T.C.A. § 69-7-203. Maps of these basins may be viewed at the department’s web site, currently at: http://www.tn.gov/environment/watersheds .

“Basin of origin” means the river basin where the point of withdrawal for a transfer is located.

“Board” means the Board of Water Quality, Oil and Gas.

“Commissioner” means the Commissioner of the Department of Environment and Conservation or the Commissioner’s duly authorized representative, or in the event of the Commissioner’s absence, or a vacancy in the office of Commissioner, the Deputy Commissioner.

“Department” means the Department of Environment and Conservation.

“Downstream basin” means a basin that is downstream of the basin of origin.

“Intermediaries” means any water systems or other persons that receive water from a withdrawing system and either transfer it to another basin or pass it on to another intermediary.

“Losing river” or “Losing river basin” means a river or river basin which sustains a decrease in water as the result of a diversion or transfer of water to a different river basin and there is no significant return of the water to the river or river basin of origin.

December, 2013 3 “Permit” means an Inter-basin Water Transfer Permit. Permits are of two types, individual permits are issued for particular transfers after an application is made describing the particular project as provided in Rules 0400-40-13-.03 through 0400-40-13-.06; general permits are issued by the Commissioner for categories or classes of transfers and a person may be authorized for a transfer under the coverage of a general permit by filing a Notice of Intent, as provided in Rule 0400-40-13-.07.

“Person” means any or all persons, including individuals, firms, partnerships, associations, limited liability companies, public or private institutions, municipalities or political subdivisions, federal or state governmental agencies, or private or public corporations organized under the laws of this state or any other state or country.

“Potentially affected communities” means those units of local government, e.g., municipalities, counties, or utility districts, that have a public water system that withdraws water from a river basin or municipalities that are located downstream of a proposed transfer within 50 river miles of the proposed withdrawal point.

“Potentially affected water users” means potentially affected communities and persons with an NPDES permit for a discharge, persons with a permit for a withdrawal of water, and downstream of a proposed transfer within 50 river miles of the proposed withdrawal point.

“Protected Area” means a basin or portions of a basin wherein the demands upon supply made by water users have developed or threatens to develop to such a degree as to create a water shortage. These areas shall be determined and delineated by the Board of Water Quality, Oil and Gas after giving due notice and conducting a public hearing.

“Receiving river basin” means a river basin which is the recipient of an increase in water, over and above that occurring naturally, as the result of a transfer of water from a different river basin.

“Return of water” or “return” means water that is returned to the basin of origin or a downstream basin after a transfer to a different basin.

“Seven day, ten year low flow” or “7Q10 flow” or “low flow” means the lowest average daily flow for a duration of seven consecutive days with a recurrence interval of ten years and which is determined for the point of withdrawal from an unregulated stream, or for a withdrawal from a regulated stream, the minimum critical flow occurring once in ten years as determined by an analysis of records of operation and approved by the Commissioner.

“Significant potential to affect the flow” means, in the context of whether a ground water withdrawal is likely to affect a surface water, a withdrawal of ground water in a location that:

(a) is in close proximity horizontally and vertically to a stream; and (b) has ground water with a significant degree of hydraulic connection to the surface water.

“Surface water” means any water located on the land surface which is not derived by pumping from ground water.

“Transfer” means the withdrawal, diversion, or pumping of surface water from one river basin and the use or discharge of all or any part of the water in a basin different from the basin of origin.

December, 2013 4 “Transfer facility” means any natural or man-made structure used to affect a transfer including, but not limited to, pumps, pipelines, canals, storage units, water treatment units and wastewater treatment units.

“Withdrawal” means the diversion or pumping of water out of a surface stream or from ground water if the loss of the ground water has a significant potential to adversely affect the flow of a Tennessee surface water in the basin of origin, whether or not there is a transfer.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.03 INDIVIDUAL PERMIT APPLICATIONS

(1) Information required in a permit application.

Any person required to apply for a permit for an inter-basin water transfer under paragraph (3) of Rule 0400-40-13-.01 and T.C.A. § 69-7-204 shall submit an application for such permit on forms furnished, upon request, by the Commissioner. The application shall require an applicant to provide the commissioner the following information:

(a) The volume of the proposed withdrawal and the proposed transfer stated in gallons per day that the applicant seeks to be authorized;

(b) Identification of all of the withdrawal, return, and transfer points;

(d) The peak capacity of each major component in the proposed withdrawal and transfer facilities;

(e) Engineering and economic justification for the capacity of each major component of the proposed withdrawal and transfer facilities;

(f) An assessment of the hydraulic and environmental impacts of the withdrawal on the losing river;

(g) An engineering, environmental, and economic assessment of the feasibility of utilizing alternate water sources by the water system in the receiving basin;

(h) A listing of conservation programs or practices occurring or proposed of the system in the receiving river basin;

(i) The proposed date upon which the water transfer is to commence;

(j) The purpose and justification for the proposed transfer; and (k) Any other appropriate information deemed necessary by the Commissioner for review of the proposed transfer.

(2) All permit applications shall be signed as follows:

(a) For a corporation: by a responsible corporate officer. For the purpose of this subparagraph, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation.

December, 2013 5 (b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (c) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this subparagraph, a principal executive officer of a Federal agency includes: (i) The chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of EPA).

(3) Interface with other required permits under the Act.

(a) In some situations an activity may have to apply for both an inter-basin transfer permit and a permit under the Water Quality Control Act for the withdrawal. The latter is sometimes referred to as an Aquatic Resource Alteration Permit (ARAP). In such a situation the Division of Water Resources shall have the applicant file one application for both permits that contains all information necessary for both and then shall process the application and either issue it with all conditions required by both Acts or deny it as required by either Act. The regulations for ARAP permits are found in Chapter 0400- 40-07.

(4) Application Fees The application fees for individual inter-basin transfer permits shall be $250 for a flow less than or equal to 125,000 gpd; $500 for a flow greater than 125,000 gpd and less than or equal to 250,000 gpd; $750 for a flow greater than 250,000 gpd and less than or equal to 375,000 gpd; and $1,000 for a flow greater than 375,000 gpd and less than or equal to 500,000 gpd. Above 500,000 gpd, the fee shall be $1,000 for each 500,000 gpd or fraction thereof. These flows shall be such flows authorized to be transferred by the permit. This shall be calculated based upon the maximum amount authorized by the permit. This fee shall apply to new applications, renewals, or those modifications that extend the term of the permit. If an applicant for a permit modification only seeks an increase of the amount authorized to be transferred for the same permit term, then the fee shall be calculated on the

basis of the difference in the two amounts.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.04 PUBLIC INVOLVEMENT

(1) After receipt of an application, the department staff shall approve a Public Notice to seek public participation and comment on the application. The approved Public Notice shall be distributed to interested persons and shall be circulated within thirty (30) days of receipt of a completed application as follows:

(a) In order to inform interested and potentially interested persons of the proposed activity, the Public Notice will include the following information:

Name, address, and telephone number of the applicant;
Name and address of TDEC contact person;
A brief description of the proposed withdrawal and transfer, including the volumes;

December, 2013 6 4. The names of the specific waters affected by the proposed activity as well as the basin of origin and the receiving basin;

The purpose of the proposed transfer;
The procedure to submit comments on the proposed activity and the close of the comment period which shall not be sooner than thirty (30) days from receipt of the application;
The procedure for requesting a public hearing; and 8. A brief description of the procedure for the commissioner to make a final determination to issue a permit.

(b) TDEC will distribute the approved Public Notice to interested persons who have requested TDEC notify them of inter-basin transfer permit applications and by posting it on the TDEC website. TDEC will also distribute the Notice to the individuals on the mailing list maintained by the Permit Section, Division of Water Resources and to the individuals on the mailing list maintained by the Natural Resources Section, Division of Water Resources.

Publish a notice of the permit application once a week for four consecutive weeks in a newspaper of general circulation in each potentially affected community in the river basin of origin;
Provide notice of the application to a responsible official with each potentially affected community and water user within the proposed basin of origin by certified mail, return receipt requested; and 3. Post a minimum of three public notices in public buildings, e.g., courthouses, libraries, city halls, in each potentially affected community in the river basin of origin.

(2) During the comment period, any person who may be adversely affected by a water transfer may submit a statement to the Commissioner briefly outlining why the person believes he may be adversely affected and making any comments in regard to permit issuance or denial or permit conditions. Upon receipt of such a statement, the Commissioner will schedule a public hearing on the permit application. Notice shall be given of the public hearing at least thirty (30) days prior to the hearing.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.05 CRITERIA FOR ISSUANCE OF INDIVIDUAL PERMITS

(1) In reviewing a permit application, the Commissioner shall consider information developed through studies, analyses, or inquiries undertaken by the Commissioner and information and comments submitted to the Commissioner by the applicant, public agencies, affected persons, and the public.

(2) The following factors will be used by the Commissioner in making a determination on a permit application:

December, 2013 7 (a) the quantity of the proposed withdrawal and the stream flow of the losing river(s), with special concern for low flow conditions;

(b) protection of the present uses, and consideration of projected stream uses of the losing river(s), including but not limited to, present agricultural, municipal, industrial and instream uses, and assimilative needs, with special concern for low flow conditions;

(d) the reasonably foreseeable future water needs of the losing river basin;

(e) the reasonably foreseeable future water needs of the applicant for the water to be transferred, including methods of water use, conservation, and efficiency of use;

(f) the beneficial impact of any proposed transfer, and the capability of the applicant to implement effectively its responsibilities under the requested permit;

(g) the nature of the applicant's use of the water, to determine whether the use is reasonable and beneficial;

(h) whether the proposed project shall promote conservation of water;

(i) the feasibility, the costs, and the environmental impacts of alternative sources of supply;

(j) the requirements of other state or federal agencies with authority relating to water resources;

(k) the availability of water in the losing river basin to respond to emergencies, including drought;

(l) whether the project shall have any beneficial or detrimental impact on navigation, hydropower or other power generation, fish and wildlife habitat, aesthetics, or recreation;

(m) the quantity, location, and timing of water returned to the basin of origin or a downstream basin;

(n) climatic conditions;

(o) any offsetting increases in flow in the basin of origin that may be arranged through permit conditions;

(p) the number of downstream river miles from which water will be diverted as a result of the transfer; and (q) such other factors as are reasonably necessary to carry out the purposes of the Act and this chapter.

The foregoing list is to be used by the Commissioner as a basis both to deny permits and to impose conditions in permits that are issued. The commissioner should use sound discretion in applying this list. It is not intended that the Commissioner must deny a permit if, in considering the list as a whole, it is the Commissioner’s judgment that the permit should be issued. On the other hand, if one or two of the factors are of such overriding importance that it is the Commissioner’s determination that they necessitate denial of a permit, which is an appropriate use of these factors.

December, 2013 8 (3) No transfer of water may be permitted at any time that would impair the classified uses of a losing river. Furthermore, no transfer of water shall cause the remaining flow in the losing river basin to be less than the seven day, ten year low flow as established prior to the interbasin transfer unless a condition on the permit states that the transfer of water shall be required to cease when the instantaneous stream flow of the river of origin is equal to or less than a specified value.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.06 TERMS AND CONDITIONS FOR INDIVIDUAL PERMITS

(1) Based upon review of all pertinent information the Commissioner may issue, deny or issue a permit with conditions.

(2) When issuing a permit, the Commissioner may include conditions in the permit, including but not limited to the following:

(a) The amount of water approved for transfer may be varied seasonally;

(b) The transfer of water shall be required to cease or decrease when the instantaneous stream flow of the river basin of origin is equal to or less than a specified value;

(c) Special provisions in order to promote an adequate water supply for the state or to mitigate any future adverse conditions resulting from the transfer;

(d) Installation, maintenance and use of stream flow monitoring equipment;

(e) Establishment and reporting of transfer activities by the permittee.

(3) Upon the issuance by the Governor of a declaration or proclamation of an emergency relating to water resources, the Commissioner may:

(a) waive the usual permitting requirements and issue a temporary emergency transfer permit. Any such permit must be limited to meet the needs created by the emergency, and any such permit may be issued for a period no longer than six months or the duration of the Governor's declaration or proclamation, whichever period is shorter; or (b) modify or revoke and reissue any inter-basin transfer permit.

(4) Permits shall be issued for a renewable term of not more than five years. The Commissioner may coordinate permits with the issuance cycle for NPDES permits in a watershed.

(5) Permits may contain such terms and conditions as are appropriate to carry out the purposes of the Act and this chapter. This includes, but is not limited to, provisions for filing periodic reports on the amount transferred and the flow in the losing river.

(6) Applicants may apply for permit modifications to increase the authorized transfer amount or for other reasons within the term of the permit.

(7) The Commissioner may modify, suspend, or revoke a permit for the reasons specified in T.C.A. § 69-7-206.

(8) A transfer permit may be renewed following a full review by the Commissioner of all past and current information relating to the transfer. An application for transfer permit renewal shall be December, 2013 9 filed by the applicant with the Commissioner a minimum of six (6) months prior to permit expiration.

(9) No permit may be transferred from one person to any other person except upon review and approval by the Commissioner. In reviewing a request for a permit transfer, the Commissioner may modify any of the permit terms.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.07 GENERAL PERMITS

(1) The Commissioner may issue a general permit for a category of transfer activities. Such permits shall be issued using the same process of public notification as would be used for an individual permit except that the Department will bear the costs involved. Such permits shall require:

(a) that any person intending to make use of a general permit for authorization of any transfer must file a Notice of Intent and pay the processing fee specified in the general permit; and (b) that the Department will issue a response either confirming that the general permit is applicable or stating why it is not and directing the person to file an individual permit application.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.08 ENFORCEMENT AND PENALTIES

(1) Any person who (a) fails to make a timely application or renewal application for a permit required by the Act;

(b) commences an inter-basin transfer without having obtained a permit under the Act and these rules;

(c) fails to comply with the terms of a permit; or (d) fails to submit a true and accurate report required by the Act and these rules; is subject to a penalty of up to $10,000 per day per violation as provided in T.C.A. § 69-7- 208.

(2) The Commissioner is also authorized to file an action in court to address any violation of the Act seeking any remedy available under the Act or at common law.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.09 HEARINGS

(1) Any person actually aggrieved by the decision of the Commissioner to grant or deny a transfer permit may request a hearing before the Board of Water Quality, Oil and Gas by filing a written petition within thirty (30) days of the issuance of the decision. With the December, 2013 10 exception of an applicant for a transfer permit, any person who has not submitted a written comment under Rule 0400-40-13-.04, indicating how such person will be adversely affected by a water transfer in a manner or to a degree significantly different from the general public, is not an aggrieved party within the meaning of these rules.

(2) Any person named in a Commissioner’s Order or assessment may request a hearing before the Board of Water Quality, Oil and Gas by filing a written petition within thirty (30) days of the receipt of the order or assessment. The petition shall set forth the grounds and reasons for the appeal. If such a petition is not filed within the thirty (30) days, the violator shall be deemed to have consented to the assessment and it shall become final.

(3) Any such hearing will be conducted in accordance with the contested case provisions of the Uniform Administrative Procedures Act, T.C.A. § 4-5-301 et seq.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.10 ANNUAL CERTIFICATION

(1) On or before October 1 of every year, any person who operated an existing inter-basin transfer on May 31, 2000, either directly or through one or more intermediaries, shall file with the department a statement under oath certifying that there has been no increase in the transfer together with flow or pumping records documenting the amount transferred. The Department may develop a form for this purpose.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Tenn. Comp. R. & Regs. 0400-40-13-.11 PROTECTED AREAS

Protected areas may be established through a rulemaking action by the Board of Water Quality, Oil and Gas. Any person desiring to have such an area established may request this action by sending a letter to the Board stating the basis for such action. The Uniform Administrative Procedures Act also allows a more formal process for requesting a rulemaking action in T.C.A. § 4-5-201.

History

Authority: T.C.A. §§ 69-3-101 et seq., 69-7-201 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-13.

Chapter 0400-40-14 Pretreatment Requirements (Transferred from 1200-04-14 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-14-.01 PURPOSE AND APPLICABILITY

(1) This chapter establishes responsibilities of State and local government, industry, and the public to implement National Pretreatment Standards to control pollutants that pass through or interfere with treatment processes in domestic wastewater facilities (WWF) or that may contaminate sewage sludge.

(2) This chapter applies:

(a) To pollutants from non-domestic sources covered by Pretreatment Standards that are discharged into or transported by truck or rail or otherwise introduced into WWFs as defined in Rule 0400-40-14-.03;

(b) To WWFs that receive wastewater from sources subject to National Pretreatment Standards; and (c) To any new or existing source subject to Pretreatment Standards.

National Pretreatment Standards do not apply to sources that discharge to a sewer that is not connected to a WWF Treatment Plant.

(3) Electronic Reporting (a) This chapter requires the submission of forms developed by the Commissioner for a person to comply with certain requirements, including, but not limited to, making reports and submitting monitoring results. The Commissioner may make these forms available electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.

(b) Electronic submission of documents in subparagraph (a) of this paragraph is required when available unless waived by the Commissioner in accordance with 40 C.F.R. § 127.15.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14. Amendments filed January 25, 2023; effective April 25, 2023.

Tenn. Comp. R. & Regs. 0400-40-14-.02 OBJECTIVES OF GENERAL PRETREATMENT REGULATIONS

By establishing the responsibilities of government and industry to implement National Pretreatment Standards this regulation fulfills three objectives:

(1) To prevent the introduction of pollutants into WWFs which will interfere with the operation of a WWF, including interference with its use or disposal of municipal sludge or the safety of the workers that operate the plant or maintain the collection system;

(2) To prevent the introduction of pollutants into WWFs which will pass through the treatment works or otherwise be incompatible with such works; and (3) To improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.

Tenn. Comp. R. & Regs. 0400-40-14-.03 DEFINITIONS

(1) In addition to the meanings provided in the Water Quality Control Act of 1977, T.C.A. § 69-3- 103, for the purposes of this chapter:

“Administrator” means the Administrator of the United States Environmental Protection Agency.

“Approval Authority” means the Division of Water Resources Director or the Director’s representative(s).

“Approved WWF Pretreatment Program” or “Program” or “WWF Pretreatment Program” means a program administered by a WWF that meets the criteria established in this chapter and has been approved by the Division.

“Best Management Practices” or “BMPs” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in subparagraph (1)(a) and paragraph (2) of Rule 0400-40-14-.05. BMPs also includes treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

“Blowdown” means the minimum discharge of recirculating water for the purpose of discharging materials contained in the water, the further buildup of which would cause concentration in amounts exceeding limits established by best engineering practices.

“Bypass” means the intentional diversion of wastestreams from any portion of an Industrial User's treatment facility.

“Control Authority” means the WWF with an approved pretreatment program or the Approval

Authority if the WWF does not have an approved pretreatment program.

“Control mechanism” means a permit, order, or similar means of establishing enforceable requirements.

“Director” means the director of the Division.

“Discharge” means either a direct addition of pollutants to waters from a source or an indirect discharge depending on the context in which it is used.

“Division” means the Tennessee Division of Water Resources, or the Division’s successor.

“Effluent limitation” means any restriction established by the board or the Commissioner, on quantities, rates, and concentrations of chemical, physical, biological and other constituents that are discharged into waters or adjacent to waters.

“Effluent limitations guidelines” means any effluent limitations guidelines issued by the Administrator pursuant to section 304(b) of the Federal Clean Water Act.

“Environmental Protection Agency” or “EPA” means the United States Environmental Protection Agency.

“EPA Water Management Division Director” means the Director of the Water Management Division within the appropriate Regional office of the Environmental Protection Agency or the director’s delegated representative.

“Federal Clean Water Act” means the federal Water Pollution Control Act (commonly referred to as the Clean Water Act) as amended, 33 U.S.C. 1251, et seq.

“General control mechanism” means a control mechanism that authorizes activity by more than one entity.

“Indirect Discharge” means the introduction of pollutants into a WWF from any non-domestic source.

“Industrial User” or “User” means a source of indirect discharge.

“Interference” means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the WWF, its treatment processes or operations, or its sludge processes, use or disposal, or exceeds the design capacity of the treatment works or the collection system.

“National Pretreatment Standard,” “Pretreatment Standard,” or “Standard” means any

regulation containing pollutant discharge limits promulgated by the EPA in accordance with

section 307 (b) and (c) of the federal Clean Water Act, that applies to Industrial Users. This term includes prohibitive discharge limits established pursuant to Rule 0400-40-14-.05.

“New source” means (a) Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307(c) of the federal Clean Water Act that will be applicable to such source if such Standards are thereafter promulgated in accordance with that section, provided that:

The building, structure, facility, or installation is constructed at a site at which no other source is located; or 2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or 3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether the production or wastewater generating processes are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant and the extent to which the new facility is engaged in the same general type of activity as the existing source are considered.

(b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of part (a)2. or 3. of this definition but otherwise alters, replaces, or adds to existing process or production equipment.

Begun, or caused to begin as part of a continuous onsite construction program:

(i) Any placement, assembly, or installation of facilities or equipment; or (ii) Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities that is necessary for the placement, assembly, or installation of new source facilities or equipment; or 2. Entered into a binding contractual obligation for the purchase of facilities or equipment intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph.

“Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, water product or finished product.

“NPDES Permit” or “Permit” means a permit issued to a WWF pursuant to section 402 of the federal Clean Water Act and T.C.A. § 69-3-108.

“Pass Through” means a discharge that exits the WWF into waters of the state in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the WWF's NPDES permit (including an increase in the magnitude or duration of a violation).

“Person” means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any state or country.

“Point source” means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

“Pollutant” means sewage, industrial wastes, or other wastes.

“Pretreatment” means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into a WWF. The reduction or alteration may be obtained by p hysical, chemical or biological processes, process changes or by other means, except as prohibited by paragraph (4) of Rule 0400-40-14-.06. Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the WWF. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with paragraph (5) of Rule 0400-40-14-.06.

“Pretreatment requirements” means any substantive or procedural requirement related to Pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.

“Process wastewater” means any water that, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.

“Process wastewater pollutants” means pollutants present in process wastewater.

“Regional Administrator” means the regional administrator of the United States Environmental Protection Agency whose region includes Tennessee, or any person succeeding to the duties of this official.

“Severe property damage” means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, o r substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

Significant Industrial User (a) “Significant Industrial User” means, except as provided in subparagraphs (b) and (c) of this definition:

All industrial users subject to Categorical Pretreatment Standards under 40 C.F.R. § 403.6 and 40 C.F.R. chapter I, subchapter N; and 2. Any other industrial user that: discharges an average of 25,000 gallons per day or more of process wastewater to the WWF (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the WWF treatment plant; or is designated as such by the Control Authority on the basis that the industrial user has a reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement (in accordance with subparagraph (6)(f) of Rule 0400- 40-14-.08).

(b) The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under Rule 0400-40-14-.06 and 40 C.F.R. chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:

The Industrial User, prior to Control Authority’s finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;
The Industrial User annually submits the certification statement required in paragraph (17) of Rule 0400-40-14-.12 together with any additional information necessary to support the certification statement; and 3. The Industrial User never discharges any untreated concentrated wastewater.

(c) Upon a finding that an Industrial User meeting the criteria in part (a)2. of this definition has no reasonable potential for adversely affecting the WWF's operation or for violating any pretreatment standard or requirement, the Control Authority may at any time, on its own initiative or in response to a petition received from an Industrial User or WWF, and in accordance with subparagraph (6)(f) of Rule 0400-40-14-.08, determine that such Industrial User is not a Significant Industrial User.

“Source” means any activity, operation, construction, building, structure, facility, or installation from which there is or may be the discharge of pollutants.

“Standard of performance” means any restriction established by the Administrator pursuant to

section 306 of the Federal Clean Water Act on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are or may be discharged from new sources into waters.

“Submission” means:

(a) A request by a WWF for approval of a Pretreatment Program to the Director; or (b) A request by a WWF to the Director for authority to revise the discharge limits in categorical Pretreatment Standards to reflect WWF pollutant removals.

“Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the Industrial User. An Upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

“WWF Treatment Plant” means that portion of the WWF which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.

“Wastewater Facility” or “WWF” means any or all of the following: the collection/transmission system, treatment plant, and the reuse or disposal system, that is owned by any person. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a WWF Treatment Plant. The term also means the municipality as defined in section 502(4) of the Federal Clean Water Act, that has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

(2) For the purposes of this chapter, the following abbreviations shall have the following meanings:

BOD5 means five-day biochemical oxygen demand;

COD means chemical oxygen demand;

TOC means total organic carbon;

TDS means total dissolved solids;

TSS means total suspended nonfilterable solids; kw means kilowatt(s); kwh means kilowatt hour(s);

Mw means megawatt(s);

Mwh means megawatt hour(s); hp means horsepower; mm means millimeter(s); cm means centimeter; m means meter(s); in means inch; ft means foot (feet); l means liter(s); cu m means cubic meter(s); k cu m means 1000 cubic meter(s); gal means gallon(s); cu ft means cubic foot (feet); mg means milligrams(s); g means gram(s); kg means kilograms(s); kkg means 1000 kilogram(s); lb means pound(s); sq m means square meter(s); ha means hectare(s); sq ft means square foot (feet); and ac means acre(s)

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14. Amendments filed January 25, 2023; effective April 25, 2023.

Tenn. Comp. R. & Regs. 0400-40-14-.04 LOCAL LAW

Nothing in this chapter is intended to affect any Pretreatment Requirements, including any standards or prohibitions, established by local law as long as the local requirements are not less stringent than any set forth in National or State Pretreatment Standards, or any other requirements or prohibitions established by the Department.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.

Tenn. Comp. R. & Regs. 0400-40-14-.05 PRETREATMENT STANDARDS: PROHIBITED DISCHARGES

(1) General prohibitions (a) A User may not introduce into a WWF any pollutant(s) which cause Pass Through or Interference. These general prohibitions and the specific prohibitions in paragraph (2) of this rule apply to each User introducing pollutants into a WWF whether or not the User is subject to other National Pretreatment Standards or any national, State, or local Pretreatment Requirements.

(b) Affirmative Defenses.

A User shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions established in subparagraph (a) of this paragraph and the specific prohibitions in subparagraphs (2)(c), (d), (e), (f), and (g) of this rule where the User can demonstrate that:

It did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause Pass Through or Interference; and 2. A local limit designed to prevent Pass Through and/or Interference, as the case may be, fits one of the following descriptions:

(i) The local limit was developed in accordance with paragraph (3) of this rule for each pollutant in the User's discharge that caused Pass Through or Interference, and the User was in compliance with each such local limit directly prior to and during the Pass Through or Interference; or (ii) The local limit has not been developed in accordance with paragraph (3) of this rule for the pollutant(s) that caused the Pass Through or Interference, the User's discharge directly prior to and during the Pass Through or Interference did not change substantially in nature or constituents from the User's prior discharge activity when the WWF was regularly in compliance with the WWF's NPDES permit requirements and, in the case of Interference, applicable requirements for sewage sludge use or disposal.

(2) Specific prohibitions.

In addition, the following pollutants shall not be introduced into a WWF:

(a) Pollutants which create a fire or explosion hazard in the WWF, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21.

(b) Pollutants which will cause corrosive structural damage to the WWF, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges;

(c) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the WWF resulting in Interference;

(d) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause Interference with the WWF.

(e) Heat in amounts which will inhibit biological activity in the WWF resulting in Interference, but in no case heat in such quantities that the temperature at the WWF Treatment Plant exceeds 40°C (104°F) unless the Approval Authority, upon request of the WWF, approves alternate temperature limits.

(f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through;

(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the WWF in a quantity that may cause acute worker health and safety problems;

(h) Any trucked or hauled pollutants, except at discharge points designated by the WWF.

(3) When specific limits must be developed by WWF.

(a) Each WWF developing a WWF Pretreatment Program pursuant to Rule 0400-40-14- .08 shall develop and enforce specific limits to implement the prohibitions listed in subparagraph (1)(a) and paragraph (2) of this rule. Each WWF with an approved pretreatment program shall continue to develop these limits as necessary and effectively enforce such limits.

(b) All other WWFs shall, in cases where pollutants contributed by User(s) result in Interference or Pass-Through, and such violation is likely to recur, develop and enforce specific effluent limits for Industrial User(s), and all other users, as appropriate, which, together with appropriate changes in the WWF Treatment Plant's facilities or operation, are necessary to ensure renewed and continued compliance with the WWF's NPDES permit or sludge use or disposal practices.

(c) Specific effluent limits shall not be developed and enforced without individual notice to persons or groups who have requested such notice and an opportunity to respond.

(d) WWFs may develop Best Management Practices (BMPs) to implement subparagraphs (a) and (b) of this paragraph. Such BMPs shall be considered local limits and Pretreatment Standards for the purposes of this chapter.

(4) Local limits.

Where specific prohibitions or limits on pollutants or pollutant parameters are developed by a WWF in accordance with paragraph (3) of this rule, such limits shall be deemed Pretreatment Standards for the purposes of this chapter.

(5) State enforcement actions.

If, within 30 days after notice of an Interference or Pass Through violation has been sent by the Division to the WWF, and to persons or groups who have requested such notice, the WWF fails to commence appropriate enforcement action to correct the violation, the Division may take appropriate enforcement action under the authority provided in T.C.A. § 69-3-115.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14. Amendments filed January 25, 2023; effective April 25, 2023.

Tenn. Comp. R. & Regs. 0400-40-14-.06 NATIONAL PRETREATMENT STANDARDS: CATEGORICAL STANDARDS

National pretreatment standards specifying quantities or concentrations of pollutants or pollutant properties which may be discharged to a WWF by existing or new industrial users in specific industrial subcategories are established as separate regulations under the appropriate subpart of 40 CFR chapter I, subchapter N. These standards, unless specifically noted otherwise, shall be in addition to all applicable pretreatment standards and requirements set forth in this chapter.

(1) Category Determination Request (a) Application Deadline.

Within 60 days after the effective date of a Pretreatment Standard for a subcategory under which an Industrial User may be included, the Industrial User or WWF may request that the Division provide written certification on whether the Industrial User falls within that particular subcategory. If an existing Industrial User adds or changes a process or operation which may be included in a subcategory, the existing Industrial User must request this certification prior to commencing discharge from the added or changed processes or operation. A New Source must request this certification prior to commencing discharge. Where a request for certification is submitted by a WWF, the WWF shall notify any affected Industrial User of such submission. The Industrial User may provide written comments on the WWF submission to the Division within 30 days of notification.

(b) Contents of Application.

Each request shall contain a statement:

Describing which subcategories might be applicable; and 2. Citing evidence and reasons why a particular subcategory is applicable and why others are not applicable. Any person signing the application statement submitted pursuant to this rule shall make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

The Division will only act on written requests for determinations that contain all of the information required. Persons who have made incomplete submissions will be notified by the Division that their requests are deficient and, unless the time period is extended, will be given 30 days to correct the deficiency. If the deficiency is not corrected within 30 days or within an extended period allowed by the Division, the request for a determination shall be denied.

(d) Final decision.

Under receipt of a complete request, the Division will consider the submission, any additional evidence that may have been requested, and any other available information relevant to the request. The Division will then make a written determination of the applicable subcategory and state the reasons for the determination.
The Division shall forward the determination described in this paragraph to the EPA Water Management Division Director who may make a final determination.

The EPA Water Management Division Director may waive receipt of these determinations. If the EPA Water Management Division Director does not modify the Division's decision within 60 days after receipt thereof, or if the EPA Water Management Division Director waives receipt of the determination, the Division's decision is final.

Where the EPA Water Management Division Director elects to modify the Division's decision, the EPA Water Management Division Director's decision will be final.
The Division shall send a copy of the determination to the affected Industrial User and the WWF.

(e) Requests for hearing and/or legal decision.

Within 30 days following the date of receipt of notice of the final determination as provided for by part (d)4 of this paragraph, the Requester may submit a petition to reconsider or contest the decision to the Division Director who shall act on such petition expeditiously and state the reasons for his or her determination in writing.

(2) Deadline for Compliance with Categorical Standards.

Compliance by existing sources with categorical Pretreatment Standards shall be within 3 years of the date the Standard is effective unless a shorter compliance time is specified in the appropriate subpart of 40 CFR chapter I, subchapter N. Existing sources which become Industrial Users subsequent to promulgation of an applicable categorical Pretreatment Standard shall be considered existing Industrial Users except where such sources meet the definition of a New Source as defined in paragraph (1) of Rule 0400-40-14-.03. New Sources shall install and have in operating condition, and shall “start-up” all pollution control equipment required to meet applicable Pretreatment Standards before beginning to discharge. Within the shortest feasible time (not to exceed 90 days), New Sources must meet all applicable Pretreatment Standards.

(3) Concentration and mass limits.

(a) Pollutant discharge limits in categorical Pretreatment Standards will be expressed either as concentration or mass limits. Wherever possible, where concentration limits are specified in standards, equivalent mass limits will be provided so that local, State or Federal authorities responsible for enforcement may use either concentration or mass limits. Limits in categorical Pretreatment Standards shall apply to the effluent of the process regulated by the Standard, or as otherwise specified by the standard.

(b) When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of pollutant per unit of production, the Control Authority may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating permit limitations applicable to individual Industrial Users.

(c) A Control Authority calculating equivalent mass-per-day limitations under subparagraph (b) of this paragraph shall calculate such limitations by multiplying the limits in the Standard by the Industrial User's average rate of production. This average rate of production shall be based not upon the designed production capacity but rather upon a reasonable measure of the Industrial User's actual long-term daily production, such as the average daily production during a representative year. For new sources, actual production shall be estimated using projected production.

(d) A Control Authority calculating equivalent concentration limitations under subparagraph (b) of this paragraph shall calculate such limitations by dividing the mass limitations derived under subparagraph (c) of this paragraph by the average daily flow rate of the Industrial User's regulated process wastewater. This average daily flow rate shall be based upon a reasonable measure of the Industrial User's actual long-term average flow rate, such as the average daily flow rate during the representative year. Any day in which a facility does not have a discharge should not be included in the calculation of an average flow.

(e) When the limits in a categorical Pretreatment Standard are expressed only in terms of pollutant concentrations, an Industrial User may request that the Control Authority convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the Control Authority. The Control

Authority may establish equivalent mass limits only if the Industrial User meets all the following conditions in subparts 1.(i) through (v) of this subparagraph.

To be eligible for equivalent mass limits, the Industrial User must:

(i) Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its control mechanism;

(ii) Currently use control and treatment technologies adequate to achieve compliance with the applicable categorical Pretreatment Standard, and not have used dilution as a substitute for treatment;

(iii) Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;

(iv) Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the discharge; and (v) Have consistently complied with all applicable categorical Pretreatment Standards during the period prior to the Industrial User’s request for equivalent mass limits.

An Industrial User subject to equivalent mass limits must:

(i) Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;

(ii) Continue to record the facility’s flow rates through the use of a continuous effluent flow monitoring device;

(iii) Continue to record the facility’s production rates and notify the Control

Authority whenever production rates are expected to vary by more than 20 percent from its baseline production rates determined in subpart 1.(iii) of this subparagraph. Upon notification of a revised production rate, the Control Authority must reassess the equivalent mass limit and revise the limit as necessary to reflect changed conditions at the facility; and (iv) Continue to employ the same or comparable water conservation methods and technologies as those implemented pursuant to subpart 1.(i) of this subparagraph so long as it discharges under an equivalent mass limit.

A Control Authority which chooses to establish equivalent mass limits:

(i) Must calculate the equivalent mass limit by multiplying the actual average daily flow rate of the regulated process(es) of the Industrial User by the concentration-based daily maximum and monthly average Standard for the applicable categorical Pretreatment Standard and the appropriate unit conversion factor;

(ii) Upon notification of a revised production rate, must reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and (iii) May retain the same equivalent mass limit in subsequent control mechanism terms if the Industrial User’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to paragraph (4) of this rule. The Industrial User must also be in compliance with Rule 0400- 40-14-.17 (regarding the prohibition of bypass).

The Control Authority may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.

(f) The Control Authority may convert the mass limits of the categorical Pretreatment Standards at 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual Industrial Users under the following conditions. When converting such limits to concentration limits, the Control Authority must use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by paragraph (4) of this rule.

(g) Equivalent limitations calculated in accordance with subparagraphs (c), (d), (e) and (f) of this paragraph are deemed Pretreatment Standards for the purposes of section 307(d) of the Federal Clean Water Act and this chapter. The Control Authority must document how the equivalent limits were derived and make this information publicly available. Once incorporated into its control mechanism, the Industrial User must comply with the equivalent limitations in lieu of the promulgated categorical standards from which the equivalent limitations were derived.

(h) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum monthly average, or 4-day average, limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.

(i) Any Industrial User operating under a control mechanism incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the Control Authority within two business days after the User has a reasonable basis to know that the production level will significantly change within the next calendar month.

Any User not notifying the Control Authority of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate.

(4) Dilution Prohibited as Substitute for Treatment.

Except where expressly authorized to do so by an applicable Pretreatment Standard or Requirement, no Industrial User shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a Pretreatment Standard or Requirement. The Control Authority may impose mass limitations on Industrial Users which are using dilution to meet applicable Pretreatment Standards or Requirements or in other cases where the imposition of mass limitations is appropriate.

(5) Combined wastestream formula.

Where process effluent is mixed prior to treatment with wastewaters other than those generated by the regulated process, fixed alternative discharge limits may be derived by the Control Authority, or by the Industrial User with the written concurrence of the Control

Authority. These alternative limits shall be applied to the mixed effluent. When deriving alternative categorical limits, the Control Authority or Industrial User shall calculate both an alternative daily maximum value using the daily maximum value(s) specified in the appropriate categorical Pretreatment Standard(s) and an alternative consecutive sampling day average value using the monthly average value(s) specified in the appropriate categorical Pretreatment Standard(s). The Industrial User shall comply with the alternative daily maximum and monthly average limits fixed by the Control Authority until the Control

Authority modifies the limits or approves an Industrial User modification request. Modification is authorized whenever there is a material or significant change in the values used in the calculation to fix alternative limits for the regulated pollutant. An Industrial User must immediately report any such material or significant change to the Control Authority. Where appropriate new alternative categorical limits shall be calculated within 30 days.

(a) Alternative limit calculation.

For purposes of these formulas, the “average daily flow” means a reasonable measure of the average daily flow for a 30-day period. For new sources, flows shall be estimated using projected values. The alternative limit for a specified pollutant will be derived by the use of either of the following formulas:

Alternative concentration limit. where C T =the alternative concentration limit for the combined wastestream.

C i =the categorical Pretreatment Standard concentration limit for a pollutant in the regulated stream i.

F i =the average daily flow (at least a 30-day average) of stream i to the extent that it is regulated for such pollutant.

F D =the average daily flow (at least a 30-day average) from: (a) Boiler blowdown streams, non-contact cooling streams, stormwater streams, and demineralizer backwash streams; provided, however, that where such streams contain a significant amount of a pollutant, and the combination of such streams, prior to treatment, with an Industrial User's regulated process wastestream(s) will result in a substantial reduction of that pollutant, the Control

Authority, upon application of the Industrial User, may exercise its discretion to determine whether such stream(s) should be classified as diluted or unregulated. In its application to the Control Authority, the Industrial User must provide engineering, production, sampling and analysis and such other information so that the Control Authority can make its determination; or (b) sanitary wastestreams where such streams are not regulated by a Categorical Pretreatment Standard; or (c) from any process wastestreams which were or could have been entirely exempted from categorical Pretreatment Standards pursuant to paragraph 8 of the NRDC v. Costle Consent Decree (12 ERC 1833) for one or more of the following reasons (see appendix D of this chapter): (1) The pollutants of concern are not detectable in the effluent from the Industrial User (paragraph (8)(a)(iii) of the Decree, 12 ERC at p. 1842); (2)

The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects (paragraph (8)(a)(iii) of the Decree, 12 ERC at p. 1842); (3) The pollutants of concern are present in amounts too small to be effectively reduced by technologies known to the Administrator (paragraph (8)(a)(iii) of the Decree, 12 ERC at p. 1842); or (4) The wastestream contains only pollutants which are compatible with the WWF (paragraph (8)(b)(i) of the Decree, 12 ERC at p. 1842).

F T =The average daily flow (at least a 30-day average) through the combined treatment facility (includes F i , F D and unregulated streams).

N=The total number of regulated streams.

Alternative mass limit. where M T =the alternative mass limit for a pollutant in the combined wastestream.

M i =the categorical Pretreatment Standard mass limit for a pollutant in the regulated stream i (the categorical pretreatment mass limit multiplied by the appropriate measure of production).

F i =the average flow (at least a 30-day average) of stream i to the extent that it is regulated for such pollutant.

Authority, upon application of the Industrial User, may exercise its discretion to determine whether such stream(s) should be classified as diluted or unregulated. In its application to the Control Authority, the Industrial User must provide engineering, production, sampling and analysis and such other information so that the Control Authority can make its determination; or (b) sanitary wastestreams where such streams are not regulated by a categorical Pretreatment Standard; or (c) from any process wastestreams which were or could have been entirely exempted from categorical Pretreatment Standards pursuant to paragraph 8 of the NRDC v. Costle Consent Decree (12 ERC 1833) for one or more of the following reasons (see appendix D of this chapter): (1) The pollutants of concern are not detectable in the effluent from the Industrial User (paragraph (8)(a)(iii) of the Decree, 12 ERC at p. 1842); (2)

F T =The average flow (at least a 30-day average) through the combined treatment facility (includes F i , F D and unregulated streams).

N=The total number of regulated streams.

(b) Alternate limits below detection limit.

An alternative pretreatment limit may not be used if the alternative limit is below the analytical detection limit for any of the regulated pollutants.

Self-monitoring required to ensure compliance with the alternative categorical limit shall be conducted in accordance with the requirements of paragraph (7) of Rule 0400-40- 14-.12.

(d) Choice of monitoring location.

Where a regulated process wastestream is combined prior to treatment with wastewaters other than those generated by the regulated process, the Industrial User may monitor either the segregated process wastestream or the combined wastestream for the purpose of determining compliance with applicable Pretreatment Standards. If the Industrial User chooses to monitor the segregated process wastestream, it shall apply the applicable categorical Pretreatment Standard. If the User chooses to monitor the combined wastestream, it shall apply an alternative discharge limit calculated using the combined wastestream formula as provided in this paragraph. The Industrial User may change monitoring points only after receiving approval from the Control Authority.

The Control Authority shall ensure that any change in an Industrial User's monitoring point(s) will not allow the User to substitute dilution for adequate treatment to achieve compliance with applicable Standards.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14. Amendments filed January 25, 2023; effective April 25, 2023.

Tenn. Comp. R. & Regs. 0400-40-14-.07 REMOVAL CREDITS

(1) Introduction (a) Definitions.

For the purpose of this rule:

Removal means a reduction in the amount of a pollutant in the WWF's effluent or alteration of the nature of a pollutant during treatment at the WWF. The reduction or alteration can be obtained by physical, chemical or biological means and may be the result of specifically designed WWF capabilities or may be incidental to the operation of the treatment system. Removal as used in this rule shall not mean dilution of a pollutant in the WWF.
Sludge Requirements shall mean the following statutory provisions and regulations or permits issued thereunder (or more stringent local regulations):

Section 405 of the Federal Clean Water Act; the Solid Waste Disposal Act (SWDA) (including title II more commonly referred to as the Resource Conservation Recovery Act (RCRA) and State regulations contained in any State sludge management plan prepared pursuant to subtitle D of SWDA); the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

(b) General.

Any WWF receiving wastes from an Industrial User to which a categorical Pretreatment Standard(s) applies may, at its discretion and subject to the conditions of this rule, grant removal credits to reflect removal by the WWF of pollutants specified in the categorical Pretreatment Standard(s). The WWF may grant a removal credit equal to or, at its discretion, less than its consistent removal rate. Upon being granted a removal credit, each affected Industrial User shall calculate its revised discharge limits in accordance with subparagraph (d) of this paragraph. Removal credits may only be given for indicator or surrogate pollutants regulated in a categorical Pretreatment Standard if the categorical Pretreatment Standard so specifies.

A WWF is authorized to give removal credits only if the following conditions are met:

Application.

The WWF applies for, and receives, authorization from the Approval Authority to give a removal credit in accordance with the requirements and procedures specified in paragraph (5) of this rule.

Consistent removal determination.

The WWF demonstrates and continues to achieve consistent removal of the pollutant in accordance with paragraph (2) of this rule.

WWF local pretreatment program.

The WWF has an approved pretreatment program in accordance with and to the extent required by this chapter; provided, however, a WWF which does not have an approved pretreatment program may, pending approval of such a program, conditionally give credits as provided in paragraph (4) of this rule.

Sludge requirements.

The granting of removal credits will not cause the WWF to violate the local, State and Federal Sludge Requirements which apply to the sludge management method chosen by the WWF. Alternatively, the WWF can demonstrate to the Approval Authority that even though it is not presently in compliance with applicable Sludge Requirements, it will be in compliance when the Industrial User(s) to whom the removal credit would apply is required to meet its categorical Pretreatment Standard(s) as modified by the removal credit. If granting removal credits forces a WWF to incur greater sludge management costs than would be incurred in the absence of granting removal credits, the additional sludge management costs will not be eligible for EPA grant assistance.

Removal credits may be made available for the following pollutants.

(i) For any pollutant listed in appendix G section I of this chapter for the use or disposal practice employed by the WWF, when the requirements in 40 CFR part 503 for that practice are met.

(ii) For any pollutant listed in appendix G section II of this chapter for the use or disposal practice employed by the WWF when the concentration for a pollutant listed in appendix G section II of this chapter in the sewage sludge that is used or disposed does not exceed the concentration for the pollutant in appendix G section II of this chapter.

(iii) For any pollutant in sewage sludge when the WWF disposes all of its sewage sludge in a municipal solid waste landfill unit that meets the criteria in 40 CFR part 258.

NPDES permit limitations.

The granting of removal credits will not cause a violation of the WWF's permit limitations or conditions. Alternatively, the WWF can demonstrate to the Approval

Authority that even though it is not presently in compliance with applicable limitations and conditions in its NPDES permit, it will be in compliance when the Industrial User(s) to whom the removal credit would apply is required to meet its categorical Pretreatment Standard(s), as modified by the removal credit provision.

(d) Calculation of revised discharge limits.

Revised discharge limits for a specific pollutant shall be derived by use of the following formula: y=x/(1-r) where: x=pollutant discharge limit specified in the applicable categorical Pretreatment Standard r=removal credit for that pollutant as established under paragraph (2) of this rule (percentage removal expressed as a proportion, i.e., a number between 0 and 1) y=revised discharge limit for the specified pollutant expressed in same units as x)

(2) Establishment of Removal Credits; Demonstration of Consistent Removal (a) Definition of Consistent Removal.

“Consistent Removal” shall mean the average of the lowest 50 percent of the removal measured according to subparagraph (b) of this paragraph. All sample data obtained for the measured pollutant during the time period prescribed in subparagraph (b) of this paragraph must be reported and used in computing Consistent Removal. If a substance is measurable in the influent but not in the effluent, the effluent level may be assumed to be the limit of measurement, and those data may be used by the WWF at its discretion and subject to approval by the Approval Authority. If the substance is not measurable in the influent, the data may not be used. Where the number of samples with concentrations equal to or above the limit of measurement is between 8 and 12, the average of the lowest 6 removals shall be used. If there are less than 8 samples with concentrations equal to or above the limit of measurement, the Approval Authority may approve alternate means for demonstrating Consistent Removal. The term “measurement” refers to the ability of the analytical method or protocol to quantify as well as identify the presence of the substance in question.

(b) Consistent Removal Data.

Influent and effluent operational data demonstrating Consistent Removal or other information, as provided for in subparagraph (a) of this paragraph, which demonstrates Consistent Removal of the pollutants for which discharge limit revisions are proposed.

This data shall meet the following requirements:

Representative Data; Seasonal.

The data shall be representative of yearly and seasonal conditions to which the WWF is subjected for each pollutant for which a discharge limit revision is proposed.

Representative Data; Quality and Quantity.

The data shall be representative of the quality and quantity of normal effluent and influent flow if such data can be obtained. If such data are unobtainable, alternate data or information may be presented for approval to demonstrate Consistent Removal as provided for in subparagraph (a) of this paragraph.

Sampling Procedures: Composite.

(i) The influent and effluent operational data shall be obtained through 24hour flow-proportional composite samples. Sampling may be done manually or automatically, and discretely or continuously. For discrete sampling, at least 12 aliquots shall be composited. Discrete sampling may be flow-proportioned either by varying the time interval between each aliquot or the volume of each aliquot. All composites must be flowproportional to each stream flow at time of collection of influent aliquot or to the total influent flow since the previous influent aliquot. Volatile pollutant aliquots must be combined in the laboratory immediately before analysis.

(ii) Sampling frequency and historical data.

(I) Twelve samples shall be taken at approximately equal intervals throughout one full year. Sampling must be evenly distributed over the days of the week so as to include no-workdays as well as workdays. If the Approval Authority determines that this schedule will not be most representative of the actual operation of the WWF Treatment Plant, the Control Authority must submit an alternative sampling schedule for approval. The alternative sampling schedule shall not be implemented until written approval is obtained from the Approval Authority.

(II) In addition, upon the Approval Authority's concurrence, a WWF may utilize an historical data base amassed prior to the effective date of these rules provided that such data otherwise meet the requirements of this paragraph. In order for the historical database to be approved it must present a statistically valid description of daily, weekly and seasonal sewage treatment plant loadings and performance for at least one year.

(iii) Effluent sample collection need not be delayed to compensate for hydraulic detention unless the WWF elects to include detention time compensation or unless the Approval Authority requires detention time compensation.

The Approval Authority may require that each effluent sample be taken approximately one detention time later than the corresponding influent sample when failure to do so would result in an unrepresentative portrayal of actual WWF operation. The detention period is to be based on a 24-hour average daily flow value. The average daily flow used will be based upon the average of the daily flows during the same month of the previous year.

Sampling Procedures: Grab.

Where composite sampling is not an appropriate sampling technique, a grab sample(s) shall be taken to obtain influent and effluent operational data.

Collection of influent grab samples should precede collection of effluent samples by approximately one detention period. The detention period is to be based on a 24-hour average daily flow value. The average daily flow used will be based upon the average of the daily flows during the same month of the previous year.

Grab samples will be required, for example, where the parameters being evaluated are those, such as cyanide and phenol, which may not be held for any extended period because of biological, chemical or physical interactions which take place after sample collection and affect the results. A grab sample is an individual sample collected over a period of time not exceeding 15 minutes.

Analytical methods.

The sampling referred to in parts 1. through 4. of this subparagraph and an analysis of these samples shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Director determines that the 40 CFR part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the WWF or other parties, approved by the Director.

Calculation of removal.

All data acquired under the provisions of this paragraph must be submitted to the Approval Authority. Removal for a specific pollutant shall be determined either, for each sample, by measuring the difference between the concentrations of the pollutant in the influent and effluent of the WWF and expressing the difference as a percent of the influent concentration, or, where such data cannot be obtained, Removal may be demonstrated using other data or procedures subject to concurrence by the Approval Authority as provided for in subparagraph (a) of this paragraph.

(3) Provisional credits.

For pollutants which are not being discharged currently (i.e., new or modified facilities, or production changes) the WWF may apply for authorization to give removal credits prior to the initial discharge of the pollutant. Consistent removal shall be based provisionally on data from treatability studies or demonstrated removal at other treatment facilities where the quality and quantity of influent are similar. Within 18 months after the commencement of discharge of pollutants in question, consistent removal must be demonstrated pursuant to the requirements of paragraph (2) of this rule. If, within 18 months after the commencement of the discharge of the pollutant in question, the WWF cannot demonstrate consistent removal pursuant to the requirements of paragraph (2) of this rule, the authority to grant provisional removal credits shall be terminated by the Approval Authority and all Industrial Users to whom the revised discharge limits had been applied shall achieve compliance with the applicable categorical Pretreatment Standard(s) within a reasonable time, not to exceed the period of time prescribed in the applicable categorical Pretreatment Standard(s), as may be specified by the Approval Authority.

(4) Exception to WWF Pretreatment Program Requirement.

A WWF required to develop a local pretreatment program by Rule 0400-40-14-.08 may conditionally give removal credits pending approval of such a program in accordance with the following terms and conditions:

(a) All Industrial Users who are currently subject to a categorical Pretreatment Standard and who wish conditionally to receive a removal credit must submit to the WWF the information required in subparagraphs (2)(a) through (g) of Rule 0400-40-14-.12 (except new or modified industrial users must only submit the information required by subparagraphs (2)(a) through (f) of Rule 0400-40-14-.12), pertaining to the categorical Pretreatment Standard as modified by the removal credit. The Industrial Users shall indicate what additional technology, if any, will be needed to comply with the categorical Pretreatment Standard(s) as modified by the removal credit;

(b) The WWF must have submitted to the Approval Authority an application for pretreatment program approval meeting the requirements of Rules 0400-40-14-.08 and

Tenn. Comp. R. & Regs. 0400-40-14-.08 which provides the basis for each procedure under subparagraph (6)(b) of Rule 0400-40-14-.08;

Identify the manner in which the WWF will implement the program requirements set forth in Rule 0400-40-14-.08, including the means by which Pretreatment Standards will be applied to individual Industrial Users (e.g., by order, permit, ordinance, etc.); and, 3. Identify how the WWF intends to ensure compliance with Pretreatment Standards and Requirements, and to enforce them in the event of noncompliance by Industrial Users;

(b) A copy of any statutes, ordinances, regulations, agreements, or other authorities relied upon by the WWF for its administration of the Program. This Submission shall include a statement reflecting the endorsement or approval of the local boards or bodies responsible for supervising and/or funding the WWF Pretreatment Program if approved;

(c) A brief description (including organization charts) of the WWF organization which will administer the Pretreatment Program. If more than one agency is responsible for administration of the Program the responsible agencies should be identified, their respective responsibilities delineated, and their procedures for coordination set forth;

(d) A description of the funding levels and full- and part-time manpower available to implement the Program; and (e) Any additional information requested by the Approval Authority.

(3) Conditional WWF program approval.

The WWF may request conditional approval of the Pretreatment Program pending the acquisition of funding and personnel for certain elements of the Program. The request for conditional approval must meet the requirements set forth in paragraph (2) of this rule except that the requirements of paragraph (2) of this rule, may be relaxed if the Submission demonstrates that:

(a) A limited aspect of the Program does not need to be implemented immediately;

(b) The WWF had adequate legal authority and procedures to carry out those aspects of the Program which will not be implemented immediately; and (c) Funding and personnel for the Program aspects to be implemented at a later date will be available when needed. The WWF will describe in the Submission the mechanism by which this funding will be acquired. Upon receipt of a request for conditional approval, the Approval Authority will establish a fixed date for the acquisition of the needed funding and personnel. If funding is not acquired by this date, the conditional approval of the WWF Pretreatment Program and any removal allowances granted to the WWF, may be modified or withdrawn.

(4) Content of removal allowance Submission.

The request for authority to revise categorical Pretreatment Standards must contain the information required in paragraph (4) of Rule 0400-40-14-.07.

(5) Approval authority action.

Any WWF requesting WWF Pretreatment Program approval shall submit to the Approval

Authority three copies of the Submission described in paragraph (2) of this rule, and if appropriate, paragraph (4) of this rule (two copies mailed to the central office and one copy mailed to the appropriate field office). Within 60 days after receiving the Submission, the Approval Authority shall make a preliminary determination of whether the Submission meets the requirements of paragraph (2) of this rule and, if appropriate, paragraph (4) of this rule. If the Approval Authority makes the preliminary determination that the Submission meets these requirements, the Approval Authority shall:

(a) Notify the WWF that the Submission has been received and is under review; and (b) Commence the public notice and evaluation activities set forth in Rule 0400-40-14-.11.

(6) Notification where Submission is defective.

If, after review of the Submission as provided for in paragraph (5) of this rule, the Approval

Authority determines that the Submission does not comply with the requirements of paragraph (2) or (3) of this rule, and, if appropriate, paragraph (4) of this rule, the Approval

Authority shall provide notice in writing to the applying WWF and each person who has requested individual notice. This notification shall identify any defects in the Submission and advise the WWF and each person who has requested individual notice of the means by which the WWF can comply with the applicable requirements of paragraphs (2), and (3) of thi s rule, and, if appropriate, paragraph (4) of this rule.

(7) Consistency with water quality management plans.

(a) In order to be approved the WWF Pretreatment Program shall be consistent with any approved water quality management plan developed in accordance with 40 CFR parts 130, 131, as revised, where such 208 plan includes Management Agency designations and addresses pretreatment in a manner consistent with this chapter. In order to assure such consistency the Approval Authority shall solicit the review and comment of the appropriate 208 Planning Agency during the public comment period provided for in

part (2)(a)2. of Rule 0400-40-14-.11 prior to approval or disapproval of the Program.

(b) Where no 208 plan has been approved or where a plan has been approved but lacks Management Agency designations and/or does not address pretreatment in a manner consistent with this regulation, the Approval Authority shall nevertheless solicit the review and comment of the appropriate 208 planning agency.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.

Tenn. Comp. R. & Regs. 0400-40-14-.09 .

(2) Public notice and opportunity for hearing.

Upon receipt of a Submission the Approval Authority shall commence its review. Within 20 work days after making a determination that a Submission meets the requirements of paragraph (2) of Rule 0400-40-14-.09 and, where removal allowance approval is sought, paragraph (4) of Rule 0400-40-14-.07 and paragraph (4) of Rule 0400-40-14-.09, the Approval Authority shall:

(a) Issue a public notice of request for approval of the Submission;

This public notice shall be circulated in a manner designed to inform interested and potentially interested persons of the Submission. Procedures for the circulation of public notice shall include:

(i) Mailing notices of the request for approval of the Submission to designated 208 planning agencies, Federal and State fish, shellfish and wildfish resource agencies (unless such agencies have asked not to be sent the notices); and to any other person or group who has requested individual notice, including those on appropriate mailing lists; and (ii) Publication of a notice of request for approval of the Submission in a newspaper(s) of general circulation within the jurisdiction(s) served by the WWF that provides meaningful public notice. The Approval Authority may require that the WWF provide the public notification detailed in this subpart.

The public notice shall provide a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views on the Submission.
All written comments submitted during the 30-day comment period shall be retained by the Approval Authority and considered in the decision on whether or not to approve the Submission. The period for comment may be extended at the discretion of the Approval Authority; and (b) Provide an opportunity for the applicant, any affected State, any interested State or Federal agency, person or group of persons to request a public hearing with respect to the Submission.
This request for public hearing shall be filed within the 30-day (or extended) comment period described in part (a)2. of this paragraph and shall indicate the interest of the person filing such request and the reasons why a hearing is warranted.
The Approval Authority shall hold a hearing if the WWF so requests. In addition, a hearing will be held if there is a significant public interest in issues relating to whether or not the Submission should be approved. Instances of doubt should be resolved in favor of holding the hearing.
Public notice of a hearing to consider a Submission, sufficient to inform interested parties of the nature of the hearing and the right to participate, shall be published in the same newspaper as the notice of the original request for approval of the Submission under subpart (a)1.(ii) of this paragraph. In addition, notice of the hearing shall be sent to those persons requesting individual notice.

(3) Approval authority decision. At the end of the 30-day (or extended) comment period and within the 90-day (or extended) period provided for in paragraph (1) of this rule, the Approval

Authority shall approve or deny the Submission based upon the evaluation in paragraph (1) of this rule and taking into consideration comments submitted during the comment period and the record of the public hearing, if held. Where the Approval Authority makes a determination to deny the request, the Approval Authority shall so notify the WWF and each person who has requested individual notice. This notification shall include suggested modifications and the Approval Authority may allow the requestor additional time to bring the Submission into compliance with applicable requirements.

(4) EPA objection to Director's decision. No WWF pretreatment program or authorization to grant removal allowances shall be approved by the Director if following the 30-day (or extended) evaluation period provided for in part (2)(a)2. of this rule and any hearing held pursuant to subparagraph (2)(b) of this rule the Regional Administrator sets forth in writing objections to the approval of such Submission and the reasons for such objections. A copy of the Regional Administrator's objections shall be provided to the applicant, and each person who has requested individual notice. The Regional Administrator shall provide an opportunity for written comments and may convene a public hearing on his or her objections. Unless retracted, the Regional Administrator's objections shall constitute a final ruling to deny approval of a WWF pretreatment program or authorization to grant removal allowances 90 days after the date the objections are issued.

(5) Notice of decision.

The Approval Authority shall notify those persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the Submission. In addition, the Approval Authority shall cause to be published a notice of approval or disapproval in the same newspapers as the original notice of request for approval of the Submission was published. The Approval Authority shall identify in any notice of WWF Pretreatment Program approval any authorization to modify categorical Pretreatment Standards which the WWF may make, in accordance with Rule 0400-40-14-.07, for removal of pollutants subject to Pretreatment Standards.

(6) Public access to Submission.

The Approval Authority shall ensure that the Submission and any comments upon such Submission are available to the public for inspection and copying.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14. Amendments filed January 25, 2023; effective April 25, 2023.

Tenn. Comp. R. & Regs. 0400-40-14-.10 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.

Tenn. Comp. R. & Regs. 0400-40-14-.11 APPROVAL PROCEDURES FOR WWF PRETREATMENT PROGRAMS AND WWF

GRANTING OF REMOVAL CREDITS.

The following procedures shall be adopted in approving or denying requests for approval of WWF Pretreatment Programs and applications for removal credit authorization:

(1) Deadline for review of Submission.

The Approval Authority shall have 90 days from the date of public notice of any Submission complying with the requirements of paragraph (2) of Rule 0400-40-14-.09 and, where removal credit authorization is sought with paragraph (5) of Rule 0400-40-14-.07 and paragraph (4) of Rule 0400-40-14-.09, to review the Submission. The Approval Authority shall review the Submission to determine compliance with the requirements of paragraphs (2) and (6) of Rule 0400-40-14-.08, and, where removal credit authorization is sought, with Rule

Tenn. Comp. R. & Regs. 0400-40-14-.12 REPORTING REQUIREMENTS FOR WWFS AND INDUSTRIAL USERS

(1) [Reserved]

(2) Reporting requirements for industrial users upon effective date of categorical pretreatment standard—baseline report.

Within 180 days after the effective date of a categorical Pretreatment Standard, or 180 days after the final administrative decision made upon a category determination submission under subparagraph (1)(d) of Rule 0400-40-14-.06, whichever is later, existing Industrial Users subject to such categorical Pretreatment Standards and currently discharging to or scheduled to discharge to a WWF shall be required to submit to the Control Authority a report which contains the information listed in subparagraphs (a) through (g) of this paragraph. At least 90 days prior to commencement of discharge, New Sources, and sources that become Industrial Users subsequent to the promulgation of an applicable categorical Standard, shall be required to submit to the Control Authority a report which contains the information listed in subparagraphs (a) through (e) of this paragraph. New sources shall also be required to include in this report information on the method of pretreatment the source intends to use to meet applicable pretreatment standards. New Sources shall give estimates of the information requested in subparagraphs (d) and (e) of this paragraph:

(a) Identifying information.

The User shall submit the name and address of the facility including the name of the operator and owners;

(b) Permits.

The User shall submit a list of any environmental control permits held by or for the facility;

The User shall submit a brief description of the nature, average rate of production, and Standard Industrial Classification of the operation(s) carried out by such Industrial User. This description should include a schematic process diagram which indicates points of discharge to the WWF from the regulated processes.

(d) Flow measurement.

The User shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the WWF from each of the following:

Regulated process streams; and 2. Other streams as necessary to allow use of the combined wastestream formula of paragraph (5) of Rule 0400-40-14-.06. (See part (e)4. of this paragraph.) The Control Authority may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.

(e) Measurement of pollutants.

The User shall identify the Pretreatment Standards applicable to each regulated process;
In addition, the User shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the Standard or Control Authority) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations. In cases where the Standard requires compliance with a Best Management Practice or pollution prevention alternative, the User shall submit documentation as required by the Control Authority or the applicable Standards to determine compliance with the Standard;
The User shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this paragraph.
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the User should measure the flows and concentrations necessary to allow use of the combined wastestream formula of paragraph (5) of Rule 0400-40-14-.06 in order to evaluate compliance with the Pretreatment Standards. Where an alternate concentration or mass limit has been calculated in accordance with paragraph (5) of Rule 0400-40-14-.06 this adjusted limit along with supporting data shall be submitted to the Control

Authority;

Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto. Where 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the Administrator determines that the 40 CFR Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the WWF or other parties, approved by the Administrator;
The Control Authority may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures;
The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the WWF;

(f) Certification.

A statement, reviewed by an authorized representative of the Industrial User (as defined in paragraph (12) of this rule) and certified to by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O and M) and/or additional pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements; and (g) Compliance schedule.

If additional pretreatment and/or O and M will be required to meet the Pretreatment Standards; the shortest schedule by which the Industrial User will provide such additional pretreatment and/or O and M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard.

Where the Industrial User's categorical Pretreatment Standard has been modified by a removal allowance (Rule 0400-40-14-.07), the combined wastestream formula (paragraph (5) of Rule 0400-40-14-.06), and/or a Fundamentally Different Factors variance (Rule 0400-40-14-.13) at the time the User submits the report required by paragraph (2) of this rule, the information required by subparagraphs (f) and (g) of this paragraph shall pertain to the modified limits.
If the categorical Pretreatment Standard is modified by a removal allowance (Rule 0400-40-14-.07), the combined wastestream formula (paragraph (5) of

Rule 0400-40-14-.06), and/or a Fundamentally Different Factors variance (Rule

Tenn. Comp. R. & Regs. 0400-40-14-.13 VARIANCES FROM CATEGORICAL PRETREATMENT STANDARDS FOR

FUNDAMENTALLY DIFFERENT FACTORS.

(1) Definition.

The term Requester means an Industrial User or a WWF or other interested person seeking a variance from the limits specified in a categorical Pretreatment Standard.

(2) Purpose and scope.

In establishing categorical Pretreatment Standards for existing sources, the Division will take into account all the information it can collect, develop and solicit regarding the factors relevant to pretreatment standards under section 307(b) of the Federal Clean Water Act. In some cases, information which may affect these Pretreatment Standards will not be available or, for other reasons, will not be considered during their development. As a result, it may be necessary on a case-by-case basis to adjust the limits in categorical Pretreatment Standards, making them either more or less stringent, as they apply to a certain Industrial User within an industrial category or subcategory. This will only be done if data specific to that Industrial User indicates it presents factors fundamentally different from those considered by EPA in developing the limit at issue. Any interested person believing that factors relating to an Industrial User are fundamentally different from the factors considered during development of a categorical Pretreatment Standard applicable to that User and further, that the existence of those factors justifies a different discharge limit than specified in the applicable categorical Pretreatment Standard, may request a fundamentally different factors variance under this

rule or such a variance request may be initiated by the Division.

(3) Criteria— (a) General criteria.

A request for a variance based upon fundamentally different factors shall be approved only if:

There is an applicable categorical Pretreatment Standard which specifically controls the pollutant for which alternative limits have been requested; and 2. Factors relating to the discharge controlled by the categorical Pretreatment Standard are fundamentally different from the factors considered by EPA in establishing the Standards; and 3. The request for a variance is made in accordance with the procedural requirements in paragraphs (7) and (8) of this rule.

(b) Criteria applicable to less stringent limits.

A variance request for the establishment of limits less stringent than required by the Standard shall be approved only if:

The alternative limit requested is no less stringent than justified by the fundamental difference;
The alternative limit will not result in a violation of prohibitive discharge standards prescribed by or established under Rule 0400-40-14-.05;
The alternative limit will not result in a non-water quality environmental impact (including energy requirements) fundamentally more adverse than the impact considered during development of the Pretreatment Standards; and 4. Compliance with the Standards (either by using the technologies upon which the Standards are based or by using other control alternatives) would result in either:

(i) A removal cost (adjusted for inflation) wholly out of proportion to the removal cost considered during development of the Standards; or (ii) A non-water quality environmental impact (including energy requirements) fundamentally more adverse than the impact considered during development of the Standards.

A variance request for the establishment of limits more stringent than required by the Standards shall be approved only if:

The alternative limit request is no more stringent than justified by the fundamental difference; and 2. Compliance with the alternative limit would not result in either:

(4) Factors considered fundamentally different.

Factors which may be considered fundamentally different are:

(a) The nature or quality of pollutants contained in the raw waste load of the User's process wastewater:

(b) The volume of the User's process wastewater and effluent discharged;

(d) Energy requirements of the application of control and treatment technology;

(e) Age, size, land availability, and configuration as they relate to the User's equipment or facilities; processes employed; process changes; and engineering aspects of the application of control technology;

(f) Cost of compliance with required control technology.

(5) Factors which will not be considered fundamentally different.

A variance request or portion of such a request under this rule may not be granted on any of the following grounds:

(a) The feasibility of installing the required waste treatment equipment within the time the Federal Clean Water Act allows;

(b) The assertion that the Standards cannot be achieved with the appropriate waste treatment facilities installed, if such assertion is not based on factors listed in paragraph (4) of this rule;

(c) The User's ability to pay for the required waste treatment; or (d) The impact of a discharge on the quality of the WWF's receiving waters.

(6) Local law.

Nothing in this chapter shall be construed to impair the right of any locality under section 510 of the Clean Water Act to impose more stringent limitations than required by State or Federal law.

(7) Application deadline.

(a) Requests for a variance and supporting information must be submitted in writing to the Director or to the Administrator (or his delegate), as appropriate.

(b) In order to be considered, a request for a variance must be submitted no later than 180 days after the date on which a categorical Pretreatment Standard is published in the Federal Register.

Rule 0400-40-14-.06, the User may elect to await the results of the category determination before submitting a variance request under this rule. Where the User so elects, he or she must submit the variance request within 30 days after a final decision has been made on the categorical determination pursuant to subparagraph (1)(d) of

Rule 0400-40-14-.06.

(8) Contents submission.

Written submissions for variance requests, whether made to the Administrator (or his delegate) or the Director, must include:

(a) The name and address of the person making the request;

(b) Identification of the interest of the Requester, which is affected by the categorical Pretreatment Standard for which the variance is requested;

(c) Identification of the WWF currently receiving the waste from the Industrial User for which alternative discharge limits are requested;

(d) Identification of the categorical Pretreatment Standards which are applicable to the Industrial User;

(e) A list of each pollutant or pollutant parameter for which an alternative discharge limit is sought;

(f) The alternative discharge limits proposed by the Requester for each pollutant or pollutant parameter identified in subparagraph (e) of this paragraph;

(g) A description of the Industrial User's existing water pollution control facilities;

(h) A schematic flow representation of the Industrial User's water system including water supply, process wastewater systems, and points of discharge; and (i) A Statement of facts clearly establishing why the variance request should be approved, including detailed support data, documentation, and evidence necessary to fully evaluate the merits of the request, e.g., technical and economic data collected by the EPA and used in developing each pollutant discharge limit in the Pretreatment Standard.

(9) Deficient requests.

The Administrator (or his delegate) or the Director will only act on written requests for variances that contain all of the information required. Persons who have made incomplete submissions will be notified by the Administrator (or his delegate) or the Director that their requests are deficient and unless the time period is extended, will be given up to thirty days to remedy the deficiency. If the deficiency is not corrected within the time period allowed by the Administrator (or his delegate) or the Director, the request for a variance shall be denied.

(10) Public notice.

Upon receipt of a complete request, the Administrator (or his delegate) or the Director will provide notice of receipt, opportunity to review the submission, and opportunity to comment.

(a) The public notice shall be circulated in a manner designed to inform interested and potentially interested persons of the request. Procedures for the circulation of public notice shall include mailing notices to:

The WWF into which the Industrial User requesting the variance discharges;
Adjoining States whose waters may be affected; and 3. Designated 208 planning agencies, Federal and State fish, shellfish and wildlife resource agencies; and to any other person or group who has requested individual notice, including those on appropriate mailing lists.

(b) The public notice shall provide for a period not less than 30 days following the date of the public notice during which time interested persons may review the request and submit their written views on the request.

(c) Following the comment period, the Administrator (or his delegate) or the Director will make a determination on the request taking into consideration any comments received.

Notice of this final decision shall be provided to the requester (and the Industrial User for which the variance is requested if different), the WWF into which the Industrial User discharges and all persons who submitted comments on the request.

(11) Review of requests by state.

(a) Where the Director finds that fundamentally different factors do not exist, he may deny the request and notify the requester (and Industrial User where they are not the same) and the WWF of the denial.

(b) Where the Director finds that fundamentally different factors do exist, he shall forward the request, with a recommendation that the request be approved, to the Administrator (or his delegate).

(12) Review of requests by EPA.

See 40 CFR Part 403.13(l) for the procedures EPA uses to review requests.

(13) Request for hearing.

(a) Within 30 days following the date of receipt of the notice of the decision of the Administrator's delegate on a variance request, the requester or any other interested person may submit a petition to the Regional Administrator for a hearing to reconsider or contest the decision. If such a request is submitted by a person other than the Industrial User the person shall simultaneously serve a copy of the request on the Industrial User.

(b) If the Regional Administrator declines to hold a hearing and the Regional Administrator affirms the findings of the Administrator's delegate the requester may submit a petition for a hearing to the Environmental Appeals Board (which is described in 40 CFR part 1.25) within 30 days of the Regional Administrator's decision.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.

Tenn. Comp. R. & Regs. 0400-40-14-.14 CONFIDENTIALITY

(1) In accordance with T.C.A. § 69-3-113, any information submitted to the Division pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions, or, in the case of other submissions, by stamping the words “confidential business information” on each page containing such information. If no claim is made at the time of submission, the Division may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in 40 CFR part 2 (Public Information).

(2) Effluent data.

Information and data provided to the Control Authority pursuant to this chapter which is effluent data shall be available to the public without restriction.

(3) State or WWF.

All other information which is submitted to the State or WWF shall be available to the public at least to the extent provided by T.C.A. §§ 10-7-501 et seq.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.

Tenn. Comp. R. & Regs. 0400-40-14-.15 NET/GROSS CALCULATION

(1) Application.

Categorical Pretreatment Standards may be adjusted to reflect the presence of pollutants in the Industrial User's intake water in accordance with this rule. Any Industrial User wishing to obtain credit for intake pollutants must make application to the Control Authority. Upon request of the Industrial User, the applicable Standard will be calculated on a “net” basis (i.e., adjusted to reflect credit for pollutants in the intake water) if the requirements of paragraph (2) of this rule are met.

(2) Criteria.

(a) Either:

The applicable categorical Pretreatment Standards contained in 40 CFR Chapter I, subchapter N specifically provide that they shall be applied on a net basis; or 2. The Industrial User demonstrates that the control system it proposes or uses to meet applicable categorical Pretreatment Standards would, if properly installed and operated, meet the Standards in the absence of pollutants in the intake waters.

(b) Credit for generic pollutants such as biochemical oxygen demand (BOD), total suspended solids (TSS), and oil and grease should not be granted unless the Industrial User demonstrates that the constituents of the generic measure in the User's effluent are substantially similar to the constituents of the generic measure in the intake water or unless appropriate additional limits are placed on process water pollutants either at the outfall or elsewhere.

(c) Credit shall be granted only to the extent necessary to meet the applicable categorical Pretreatment Standard(s), up to a maximum value equal to the influent value.

Additional monitoring may be necessary to determine eligibility for credits and compliance with Standard(s) adjusted under this rule.

(d) Credit shall be granted only if the User demonstrates that the intake water is drawn from the same body of water as that into which the WWF discharges. The Control

Authority may waive this requirement if it finds that no environmental degradation will result.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.

Tenn. Comp. R. & Regs. 0400-40-14-.16 UPSET PROVISION

(1) Definition.

For the purposes of this chapter, “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the Industrial User. An Upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(2) Effect of an upset.

An Upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements of paragraph (3) of this rule are met.

(3) Conditions necessary for a demonstration of upset.

An Industrial User who wishes to establish the affirmative defense of Upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(a) An Upset occurred and the Industrial User can identify the cause(s) of the Upset;

(b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures;

Authority within 24 hours of becoming aware of the Upset (if this information is provided orally, a written submission must be provided within five days):

A description of the Indirect discharge and cause of noncompliance;
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

(4) Burden of proof.

In any enforcement proceeding the Industrial User seeking to establish the occurrence of an Upset shall have the burden of proof.

(5) Reviewability of agency consideration of claims of upset.

In the usual exercise of prosecutorial discretion, Agency enforcement personnel should review any claims that non-compliance was caused by an Upset. No determinations made in the course of the review constitute final Agency action subject to judicial review. Industrial Users will have the opportunity for a judicial determination on any claim of Upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards.

(6) User responsibility in case of upset.

The Industrial User shall control production of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.

Tenn. Comp. R. & Regs. 0400-40-14-.17 BYPASS

(1) Definitions.

(a) Bypass means the intentional diversion of wastestreams from any portion of an Industrial User's treatment facility.

(b) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(2) Bypass not violating applicable Pretreatment Standards or Requirements.

An Industrial User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of paragraphs (3) and (4) of this rule.

(3) Notice.

(a) If an Industrial User knows in advance of the need for a bypass, it shall submit prior notice to the Control Authority, if possible at least ten days before the date of the bypass.

(b) An Industrial User shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment Standards to the Control Authority within 24 hours from the time the Industrial User becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the Industrial User becomes aware of the bypass.

The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Control

Authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(4) Prohibition of bypass.

(a) Bypass is prohibited, and the Control Authority may take enforcement action against an Industrial User for a bypass, unless;

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and 3. The Industrial User submitted notices as required under paragraph (3) of this

rule.

(b) The Control Authority may approve an anticipated bypass, after considering its adverse effects, if the Control Authority determines that it will meet the three conditions listed in subparagraph (a) of this paragraph.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14.

Tenn. Comp. R. & Regs. 0400-40-14-.18 MODIFICATION OF WWF PRETREATMENT PROGRAMS

(1) General.

Either the Approval Authority or a WWF with an approved WWF Pretreatment Program may initiate program modification at any time to reflect changing conditions at the WWF. Program modification is necessary whenever there is a significant change in the operation of a WWF Pretreatment Program that differs from the information in the WWF's submission, as approved under Rule 0400-40-14-.11.

(2) Substantial modifications defined. Substantial modifications include:

(a) Modifications that relax WWF legal authorities (as described in subparagraph (6)(a) of

Rule 0400-40-14-.08), except for modifications that directly reflect a revision to this

chapter or to 40 C.F.R. chapter I, subchapter N, and are reported pursuant to paragraph (4) of this rule;

(b) Modifications that relax local limits, except for the modifications to local limits for pH and reallocations of the Maximum Allowable Industrial Loading of a pollutant that do not increase the total industrial loadings for the pollutant, which are reported pursuant to paragraph (4) of this rule. Maximum Allowable Industrial Loading means the total mass of a pollutant that all Industrial Users of a WWF (or a subgroup of Industrial Users identified by the WWF) may discharge pursuant to limits developed under paragraph (3) of Rule 0400-40-14-.05;

(d) A decrease in the frequency of self-monitoring or reporting required of industrial users;

(e) A decrease in the frequency of industrial user inspections or sampling by the WWF;

(f) Changes to the WWF's confidentiality procedures; and (g) Other modifications designated as substantial modifications by the Approval Authority on the basis that the modification could have a significant impact on the operation of the WWF's Pretreatment Program; could result in an increase in pollutant loadings at the WWF; or could result in less stringent requirements being imposed on Industrial Users of the WWF.

(3) Approval procedures for substantial modifications.

(a) The WWF shall submit to the Approval Authority a statement of the basis for the desired program modification, a modified program description (see paragraph (2) of

Rule 0400-40-14-.09), or such other documents the Approval Authority determines to be necessary under the circumstances.

(b) The Approval Authority shall approve or disapprove the modification based on the requirements of paragraph (6) of Rule 0400-40-14-.08 and using the procedures in paragraphs (2) through (6) of Rule 0400-40-14-.11, except as provided in subparagraphs (c) and (d) of this paragraph. The modification shall become effective upon approval by the Approval Authority.

Rule 0400-40-14-.11 provided: the notice of request for approval under subparagraph (2)(a) of Rule 0400-40-14-.11 states that the request will be approved if no comments are received by a date specified in the notice; no substantive comments are received; and the request is approved without change.

(d) Notices required by Rule 0400-40-14-.11 may be performed by the WWF provided that the Approval Authority finds that the WWF notice otherwise satisfies the requirements of Rule 0400-40-14-.11.

(4) Approval procedures for non-substantial modifications.

(a) The WWF shall notify the Approval Authority of any non-substantial modification at least 45 days prior to implementation by the WWF, in a statement similar to that provided for in subparagraph (3)(a) of this rule.

(b) Within 45 days after the submission of the WWF's statement, the Approval Authority shall notify the WWF of its decision to approve or disapprove the non-substantial modification.

(c) If the Approval Authority does not notify the WWF within 45 days of its decision to approve or deny the modification, or to treat the modification as substantial under subparagraph (2)(g) of this rule, the WWF may implement the modification.

(5) Incorporation in permit.

All modifications shall be incorporated into the WWF's NPDES permit upon approval. The permit will be modified to incorporate the approved modification in accordance with 40 C.F.R. § 122.63(g).

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14. Amendments filed January 25, 2023; effective April 25, 2023.

Tenn. Comp. R. & Regs. 0400-40-14-.19 APPENDICES TO CHAPTER 0400-40-14

APPENDICES A–C [RESERVED]

APPENDIX D SELECTED INDUSTRIAL SUBCATEGORIES CONSIDERED DILUTE FOR

PURPOSES OF THE COMBINED WASTESTREAM FORMULA

(1) The following industrial subcategories are considered to have dilute wastestreams for purposes of the combined wastestream formula. They either were or could have been excluded from categorical pretreatment standards pursuant to paragraph 8 of the Natural Resources Defense Council, Inc., et al. v. Costle Consent Decree for one or more of the following four reasons:

(a) The pollutants of concern are not detectable in the effluent from the industrial user (paragraph 8(a)(iii));

(b) The pollutants of concern are present only in trace amounts and are neither causing nor likely to cause toxic effects (paragraph 8(a)(iii));

(c) The pollutants of concern are present in amounts too small to be effectively reduced by technologies known to the Administrator (paragraph 8(a)(iii)); or (d) The wastestream contains only pollutants that are compatible with the WWF (paragraph 8(b)(i)). In some instances, different rationales were given for exclusion under paragraph 8.

However, EPA has reviewed these subcategories and has determined that exclusion could have occurred due to one of the four reasons listed above. This list is complete as of October 9, 1986. It will be updated periodically for the convenience of the reader.

Auto and Other Laundries (40 C.F.R. Part 444)

Carpet and Upholstery Cleaning Coin-Operated Laundries and Dry Cleaning Diaper Services Dry Cleaning Plants except Rug Cleaning Industrial Laundries Laundry and Garment Services, Not Elsewhere Classified Linen Supply Power Laundries, Family and Commercial Electrical and Electronic Components (40 C.F.R. Part 469)

Capacitors (Fluid Fill)

Carbon and Graphite Products Dry Transformers Ferrite Electronic Devices Fixed Capacitors Fluorescent Lamps Fuel Cells Incandescent Lamps Magnetic Coatings Mica Paper Dielectric Motors, Generators, Alternators Receiving and Transmitting Tubes Resistance Heaters Resistors Switchgear Transformer (Fluid Fill)

Metal Molding and Casting (40 C.F.R. Part 464)

Nickel Casting Tin Casting Titanium Casting Gum and Wood Chemicals (40 C.F.R. Part 454)

Char and Charcoal Briquets Inorganic Chemicals Manufacturing (40 C.F.R. Part 415)

Ammonium Chloride Ammonium Hydroxide Barium Carbonate Calcium Carbonate Carbon Dioxide Carbon Monoxide and Byproduct Hydrogen Hydrochloric Acid Hydrogen Peroxide (Organic Process)

Nitric Acid Oxygen and Nitrogen Potassium Iodide Sodium Chloride (Brine Mining Process)

Sodium Hydrosulfide Sodium Hydrosulfite Sodium Metal Sodium Silicate Sodium Thiosulfate Sulfur Dioxide Sulfuric Acid Leather (40 C.F.R. Part 425)

Gloves Luggage Paving and Roofing (40 C.F.R. Part 443)

Asphalt Concrete Asphalt Emulsion Linoleum Printed Asphalt Felt Roofing Pulp, Paper, and Paperboard, and Builders' Paper and Board Mills (40 C.F.R. Parts 430 and 431)

Groundwood-Chemi-Mechanical Rubber Manufacturing (40 C.F.R. Part 428)

Tire and Inner Tube Plants Emulsion Crumb Rubber Solution Crumb Rubber Latex Rubber Small-sized General Molded, Extruded and Fabricated Rubber Plants, Medium-sized General Molded, Extruded and Fabricated Rubber Plants Large-sized General Molded, Extruded and Fabricated Rubber Plants Wet Digestion Reclaimed Rubber Pan, Dry Digestion, and Mechanical Reclaimed Rubber Latex Dipped, Latex-Extruded, and Latex-Molded Rubber Latex Foam Soap and Detergent Manufacturing (40 C.F.R. Part 417)

Soap Manufacture by Batch Kettle Fatty Acid Manufacture by Fat Splitting Soap Manufacture by Fatty Acid Neutralization Glycerine Concentration Glycerine Distillation Manufacture of Soap Flakes and Powders Manufacture of Bar Soaps Manufacture of Liquid Soaps Manufacture of Spray Dried Detergents Manufacture of Liquid Detergents Manufacture of Dry Blended Detergents Manufacture of Drum Dried Detergents Manufacture of Detergent Bars and Cakes Textile Mills (40 C.F.R. Part 410)

Apparel manufacturing Cordage and Twine Padding and Upholstery Filling Timber Products Processing (40 C.F.R. Part 429)

Barking Process Finishing Processes Hardboard—Dry Process Footnote: The Paragraph 8 exemption for the manufacture of products in the Electrical and Electronic Components Category is for operations not covered by Electroplating/Metal Finishing pretreatment regulations (40 C.F.R. Parts 413/433).

Footnote: Except for production attributed to lead-sheathed hose manufacturing operations.

Footnote: Except for production attributed to chromic acid form-cleaning operations.

Footnote: Except for production that generates zinc as a pollutant in discharge.

APPENDIX E SAMPLING PROCEDURES

(1) Composite Method (a) It is recommended that influent and effluent operational data be obtained through 24hour flow proportional composite samples. Sampling may be done manually or automatically, and discretely or continuously. If discrete sampling is employed, at least 12 aliquots should be composited. Discrete sampling may be flow proportioned either by varying the time interval between each aliquot or the volume of each aliquot. All composites should be flow proportional to either the stream flow at the time of collection of the influent aliquot or to the total influent flow since the previous influent aliquot. Volatile pollutant aliquots must be combined in the laboratory immediately before analysis.

(b) Effluent sample collection need not be delayed to compensate for hydraulic detention unless the WWF elects to include detention time compensation or unless the Approval

Authority requires detention time compensation. The Approval Authority may require that each effluent sample is taken approximately one detention time later than the corresponding influent sample when failure to do so would result in an unrepresentative portrayal of actual WWF operation. The detention period should be based on a 24-hour average daily flow value. The average daily flow should in turn be based on the average of the daily flows during the same month of the previous year.

(2) Grab Method If composite sampling is not an appropriate technique, grab samples should be taken to obtain influent and effluent operational data. A grab sample is an individual sample collected over a period of time not exceeding 15 minutes. The collection of influent grab samples should precede the collection of effluent samples by approximately one detention period except that where the detention period is greater than 24 hours such staggering of the sample collection may not be necessary or appropriate. The detention period should be based on a 24-hour average daily flow value. The average daily flow should in turn be based upon the average of the daily flows during the same month of the previous year. Grab sampling should be employed where the pollutants being evaluated are those, such as cyanide and phenol, which may not be held for an extended period because of biological, chemical or physical interaction which take place after sample collection and affect the results.

APPENDIX F [RESERVED]

APPENDIX G POLLUTANTS ELIGIBLE FOR A REMOVAL CREDIT

I. Regulated Pollutants in Part 503 Eligible for a Removal Credit Pollutants Use or disposal practice LA SD I Arsenic X X X Beryllium X Cadmium X X Chromium X X Copper X Lead X X Mercury X X Molybdenum X Nickel X X X Selenium X Zinc X Total Hydrocarbons X \1\ Key:

LA-land application.

SD-surface disposal site without a liner and leachate collection system.

I-firing of sewage sludge in a sewage sludge incinerator. \1\ The following organic pollutants are eligible for a removal credit if the requirements for total hydrocarbons (or carbon monoxide) in subpart E in 40 C.F.R. Part 503 are met when sewage sludge is fired in a sewage sludge incinerator: Acrylonitrile, Aldrin/Dieldrin(total), Benzene, Benzidine, Benzo(a)pyrene, Bis(2-chloroethyl)ether, Bis(2ethylhexyl)phthalate, Bromodichloromethane, Bromoethane, Bromoform, Carbon tetrachloride, Chlordane, Chloroform, Chloromethane, DDD,DDE,DDT, Dibromochloromethane, Dibutyl phthalate, 1,2dichloroethane, 1,1-dichloroethylene, 2,4-dichlorophenol, 1,3dichloropropene, Diethyl phthalate, 2,4-dinitrophenol, 1,2diphenylhydrazine, Di-n-butyl phthalate, Endosulfan, Endrin, Ethylbenzene, Heptachlor, Heptachlor epoxide, Hexachlorobutadiene, Alpha-hexachlorocyclohexane, Beta-hexachlorocyclohexane, Hexachlorocyclopentadiene, Hexachloroethane, Hydrogen cyanide, Isophorone, Lindane, Methylene chloride, Nitrobenzene, N- Nitrosodimethylamine, N-Nitrosodi-n-propylamine, Pentachlorophenol, Phenol, Polychlorinated biphenyls, 2,3,7,8-tetrachlorodibenzo-p-dioxin, 1,1,2,2,-tetrachloroethane, Tetrachloroethylene, Toluene, Toxaphene, Trichloroethylene, 1,2,4-Trichlorobenzene, 1,1,1-Trichloroethane, 1,1,2- Trichloroethane, and 2,4,6-Trichlorophenol.

II. Additional Pollutants Eligible for a Removal Credit [Milligrams per kilogram-dry weight basis]

Pollutant Use or disposal practice LA Surface disposal I Unlined \1\ Lined \2\ Arsenic \3\ 100 Aldrin/Dieldrin (Total) 2.7 Benzene \3\ 16 140 3400 Benzo(a)pyrene 15 \3\ 100 \3\ 100 Bis(2-ethylhexyl)phthalate \3\ 100 \3\ 100 Cadmium \3\ 100 \3\ 100 Chlordane 86 \3\ 100 \3\ 100 Chromium (total) \3\ 100 \3\ 100 Copper \3\ 46 100 1400 DDD, DDE, DDT (Total) 1.2 2000 2000 2,4 Dichlorophenoxy-acetic acid 7 7 Fluoride 730 Heptachlor 7.4 Hexachlorobenzene 29 Hexachlorobutadiene 600 Iron \3\ 78 Lead \3\ 100 \3\ 100 Lindane 84 \3\ 28 \3\ 28 Malathion 0.63 0.63 Mercury \3\ 100 \3\ 100 Molybdenum 40 40 Nickel \3\ 100 N-Nitrosodimethylamine 2.1 0.088 1.088 Pentachlorophenol 30 Phenol 82 82 Polychlorinated biphenyls 4.6 <50 <50 Selenium 4.8 4.8 4.8 Toxaphene 10 \3\ 26 \3\ 26 Trichloroethylene \3\ 10 9500 \3\ 10 Zinc 4500 4500 450 1\ Active sewage sludge unit without a liner and leachate collection system. \2\ Active sewage sludge unit with a liner and leachate collection system. \3\ Value expressed in grams per kilogram-dry weight basis.

Key: LA-land application.

I-incineration.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14. Transfer of Appendices A–G into new rule 0400-40-14-.19 with amendments filed January 25, 2023; effective April 25, 2023.

Chapter 0400-40-15 Biosolids Management

Tenn. Comp. R. & Regs. 0400-40-15-.01 GENERAL PROVISIONS [40 CFR 503 SUBPART A]

(1) Purpose and Applicability [40 CFR 503.1]

(a) Purpose 1. These rules establish standards, which consist of general requirements, contaminant limits, management practices, and operational standards, for the land application of biosolids generated during the treatment of domestic sewage in a wastewater treatment works. Standards are included in these rules for biosolids applied to the land. Also included in these rules are pathogen and alternative vector attraction reduction requirements for biosolids applied to the land.

In addition, the standards in these rules include the frequency of monitoring and recordkeeping requirements when biosolids are applied to the land. Also included in these rules are reporting requirements for generators who apply biosolids.

(b) Applicability These rules apply to any person who applies biosolids to the land, to biosolids applied to the land, and to land where biosolids are applied; provided, however that EQ biosolids are exempt from all requirements of these rules, other than the requirement that the facility that prepares EQ biosolids document in its annual report the information contained in subparagraph (7)(a) of Rule 0400-40-15-.02 documenting that they meet the criteria for EQ biosolids.

(2) Permits and Direct Enforceability [40 CFR 503.3]

(a) Permits. The requirements in these rules may be implemented through a permit issued under T.C.A. § 69-3-101 et seq.

(b) Direct enforceability. No person shall use biosolids through any practice for which requirements are established in these rules except in accordance with such requirements.

(3) Relationship to other regulations [40 CFR 503.4]

Disposal of sewage sludge in a solid waste landfill unit, as defined in Rule 0400-11-01-.01(2), that complies with the requirements in Chapter 0400-11-01 constitutes compliance with these June, 2013 2 rules. Any person who prepares sewage sludge that is disposed of in a solid waste landfill concerning the quality of materials disposed of in a solid waste landfill unit.

(4) Additional or more stringent requirements [40 CFR 503.5]

On a case-by-case basis, the Director may impose requirements for the application of biosolids in addition to or more stringent than the requirements in these rules when necessary to protect public health or the environment from any reasonably anticipated adverse effect that may occur due to any characteristic of the biosolids or the site.

(5) Exclusions [40 CFR 503.6]

(a) Treatment processes. These rules do not establish requirements for processes used to treat domestic sewage or for processes used to treat sewage sludge or biosolids prior to final application or disposal, except as provided in paragraphs (3) and (4) of

Rule 0400-40-15-.04.

(b) Selection of an application practice. These rules do not require the selection of a biosolids application. The determination of the manner in which biosolids are used is a local determination.

(c) Sludge generated at an industrial facility. These rules do not establish requirements for the use or disposal of sludge generated at an industrial facility during the treatment of industrial wastewater, including sewage sludge or biosolids generated during the treatment of industrial wastewater combined with domestic sewage.

(d) Hazardous sewage sludge or biosolids. These rules do not establish requirements for the land application of biosolids determined to be hazardous in accordance with 40 CFR part 261. Biosolids that are to be land applied shall be tested using EPA Publication SW-846 to determine whether the biosolids leaching potential is greater than the Toxicity Characteristic (TC) levels specified in 40 CFR 261.24. If any of the TC levels specified in 40 CFR 261.24 are exceeded, the biosolids shall not be land applied.

(e) Biosolids or sewage sludge with high PCB concentration. These rules do not establish requirements for the land application of biosolids with a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry weight basis).

(f) Grit and screenings. These rules do not establish requirements for the use or disposal of grit (e.g., sand, gravel, cinders, or other materials with a high specific gravity) or screenings (e.g., relatively large materials such as rags) generated during preliminary treatment of domestic sewage in a treatment works.

(g) Drinking water treatment sludge. These rules do not establish requirements for the use or disposal of sludge generated during the treatment of either surface water or ground water used for drinking water.

(h) Domestic, commercial and industrial septage. These rules do not establish requirements for the use or disposal of domestic septage, commercial septage, industrial septage, a mixture of domestic septage and commercial septage, or a mixture of domestic septage and industrial septage.

(6) Requirement for a person who prepares biosolids [40 CFR 503.7]

June, 2013 3 Any person who prepares biosolids shall ensure that the applicable requirements in these rules are met when the biosolids are applied to the land and that biosolids that do not meet the requirements of these rules are not applied to the land.

(7) Sampling and analysis [40 CFR 503.8]

(a) Sampling. Representative samples of biosolids that are applied to the land shall be collected and analyzed.

(b) Methods. Analyses of samples shall be accomplished in accordance with the methods most recently approved by USEPA, a copy of which can be obtained from the Division of Water Resources.

(8) General definitions. [40 CFR 503.9] The following definitions apply to the use of the terms in these rules.

The “Agronomic rate” is the lesser of the whole biosolids application rate (dry weight basis) designed in accordance with subparagraph (4)(d) of Rule 0400-40-15-.02:

(a) To provide the amount of nitrogen needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land; and (b) To minimize the amount of nitrogen in the biosolids that passes below the root zone of the crop or vegetation grown on the land to the ground water.

“Annual contaminant loading rate” is the maximum amount of a contaminant that can be applied to a unit area of land during any calendar year. The units may be in terms of “pounds per acre,” “kilograms per hectare,” etc. (i.e., weight per unit area)

“Annual whole biosolids application rate” is the maximum amount of biosolids (dry weight

basis) that can be applied to a unit area of land during any calendar year.

“Active sinkhole” is one with fresh exposure, sloughing of soil into the sinkhole throat, wilted or leaning vegetation around the sinkhole, or an open surface hole measuring three feet deep or deeper.

“Agricultural land” is land on which a food crop, a feed crop, or a fiber crop is grown. This includes range land and land used as pasture.

“Apply biosolids” or “biosolids applied to the land” means land application of biosolids.

“Base flood” is a flood that has a one percent chance of occurring in any given year (i.e., a flood with a magnitude equaled once in 100 years).

“Beneficial use of biosolids” means the application of biosolids to the land for the purposes of improving soil characteristics including tilth, fertility, and stability to enhance the growth of vegetation consistent with protecting human health and the environment.

“Biosolids” are treated sewage sludge that have contaminant concentrations less than or equal to the contaminant concentrations listed in Table 1 of subparagraph (3)(b) of Rule

Tenn. Comp. R. & Regs. 0400-40-15-.02 have ever been applied to the site, then provide the following:

(a) The date(s) when the biosolids were applied;

June, 2013 41 (b) The amount of biosolids applied;

(c) The concentration of the contaminants in the biosolids; and (d) The area(s) of the site to which the biosolids were applied.

(2) A discussion of the types of crops grown or expected to be grown, their intended end use (e.g., pasture grass for a feed crop, corn as a feed crop), and the current distribution of crops on the site.

(3) An explanation of how agronomic rates will be determined during the life of the site, along with any currently available calculations. Whenever agronomic rates or the method used to determine agronomic rates change, an update of the agronomic rate calculations shall be filed with the Division.

(4) Method(s) of application.

(5) Seasonal biosolids applications.

(6) The name of the county where biosolids will be applied.

(7) A description of how biosolids will be stored at the site that also addresses related off-site storage.

(8) Map(s) for the site(s) shall be submitted. Maps shall be of an appropriate scale to show the detail necessary for evaluation of the proposed application areas and so that a person may reasonably be able to locate the sites and any application units within a site (for example, 1:7920 [8 inches to the mile] for detailed information with an overview map at 1:63,360 [1 inch to the mile]). Minimally, maps shall provide the following information:

(a) A legend;

(b) The location and means of access;

(c) Specific areas of the site where biosolids may be applied (If there is more than one site or more than one application unit within a site, a site or unit ID number should be included);

(d) The number of acres in the site or in any distinct application unit within a site;

(e) Location and extent of any wetlands on the site;

(f) A topographic relief of the application site and surrounding area;

(g) Any seasonal surface water bodies located on the site;

(h) Any perennial surface water bodies located on the site;

(i) The location of any wells located on the site that are listed in public records or otherwise known to the applicant, whether for domestic, irrigation, or other purposes;

(j) Buffer zones to surface waters, wells, and sink holes;

(k) The location and size of any areas that will be used to store biosolids;

June, 2013 42 (l) A description of how access to the site will be restricted (e.g., signs posted around the site or other approved method of access restriction);

(m) A copy of any landowner agreement; and (n) Any additional information requested by the State Biosolids Coordinator that is needed to evaluate the appropriateness of the site for biosolids application.

Appendix .06-D Minimum Content for a General Land Application Plan (1) Describes the geographical area covered by the plan, including the names of all counties where biosolids may be applied.

(2) Identifies site selection criteria.

(3) Describes how sites will be managed.

(4) Provides for not less than 30 days advance notice to the State Biosolids Coordinator of new or expanded land application sites to allow time for the State Biosolids Coordinator to object prior to the biosolids application.

Appendix .06-E Procedures for Issuing General Permits (1) General permit coverage (a) The Division may issue general permits to satisfy any or all of the biosolids management requirements in these rules or other applicable state or federal biosolids management requirements.

(b) The Division may issue general permits to cover categories or subcategories of facilities with appropriate geographic areas.

(c) General permits may be written to cover categories of treatment works treating domestic sewage that meet all of the following requirements:

Involve the same or substantially similar types of operations;
Engage in the same types of biosolids application practices;
Require the same or substantially similar operating conditions or standards for biosolids application;
Require the same or substantially similar monitoring; and 5. In the opinion of the Director, are more appropriately controlled under a general permit than under individual permits.

(2) General permit preparation – preliminary determination For all general permits, the Director shall make a preliminary determination to develop a general permit.

(a) Interested persons may petition the Director requesting that a category of facilities be considered for the development of a general permit.

(b) The Director shall respond to such a petition within 90 days of receipt.

June, 2013 43 (3) Fact sheets (a) The Director shall prepare a fact sheet for every general permit determination. Such fact sheet shall summarize the following:

The legal basis of the permitting program;
The type of facility or activity which is the subject of the general permit;
The geographical area for which the general permit is valid;
The criteria for which coverage under a general permit will be approved;
If available, a listing or some other means of identifying the facilities proposed to be covered under the general permit;
The information required to be submitted as part of the application for coverage under the general permit;
The general characteristics of the facilities being authorized under the general permit;
Standards and limitations imposed in the general permit;
A general description of the conditions in the general permit;
Any compliance schedules proposed as part of the general permit;

(b) The Division shall provide copies of general permit fact sheets to any interested person upon request.

(4) Reserved (5) Public notice The Division shall provide public notice of all preliminary determinations to develop a general permit, all determinations not to develop a general permit after publishing such a preliminary determination, all draft general permit determinations, and the issuance of a final general permit. All public notices shall be circulated in a manner designated to inform interested and potentially affected persons of the proposed general permit.

(a) Public notice for preliminary determinations. The Division shall provide public notice of all preliminary determinations to develop a general permit as follows:

Public notice shall be circulated within the geographical area of the proposed general permit. Such notice may include any or all of the following:

(i) Publishing, as a paid advertisement or legal notice, the Division’s preliminary determination in one or more major newspaper(s) throughout the area of proposed coverage; and/or (ii) Issuance of news releases, focus sheets, or newsletters.

June, 2013 44 2. The Division shall request comments on whether a general permit is appropriate for the proposed category of facilities or whether individual permits are necessary.

The public notice shall provide an opportunity for any interested or potentially affected party to submit information on facilities proposed to be covered under a general permit including:

(i) Any documented information on the characteristics of the biosolids including quantity, quality, and any land application sites. Information may be from an individual facility or be representative of the category as a whole; and (ii) Any other relevant information.

The Division shall add the name of any person, upon request, to a general permit specific mailing list to receive information and notices related to the development of the general permit.

(b) In the event that the Division determines not to develop a general permit after publishing a preliminary determination in accordance with subparagraph (a) of this paragraph, the Division shall provide public notice to that effect.

(c) Public notice for draft general permits. The Division shall provide public notice of every draft general permit as follows:

The notice shall be circulated throughout the geographical area covered by the general permit. Such circulation may include any or all of the following:

(i) Posting for a period of 30 days in post offices, public libraries, and public places within the geographical area covered by the general permit.

(ii) Publishing the notice as a paid advertisement, display advertisement, or legal notice, in one or more major local newspapers of general circulation serving the area covered by the general permit.

(iii) Issuance of news releases, focus sheets, or newsletters.

Notice shall be mailed to any person upon request, including all persons on the general permit specific mailing list established in accordance with (a)4 of this paragraph and all known potential permittees.
Reserved 4. Public comment period. The Division shall provide a period of not less than 30 days following the last publication of the public notice, during which time interested persons may submit their written views on a draft general permit determination. All written comments submitted during the comment period shall be retained by the Division and considered in the formulation of its final determination with respect to the draft general permit. The period for comment may be extended at the discretion of the Division.
The Division shall make available during the public comment period:

(i) The draft general permit;

June, 2013 45 (ii) The fact sheet on the draft general permit required in accordance with paragraph (3) of this Appendix; and (iii) A copy of the proposed application for coverage.

The contents of the draft general permit public notice shall, at a minimum, summarize the following:

(i) The name, address, and phone number of the agency issuing the public notice;

(ii) The type of facilities and activities which are the subject of the general permit;

(iii) The geographical area for which the general permit is valid;

(iv) The criteria for which coverage under the general permit will be approved;

(v) If available, a listing or some other means of generally identifying the facilities proposed to be covered under the general permit;

(vi) The tentative determination to issue a general permit;

(vii) The procedures for the formulation of final determinations, including the 30-day comment period required by part (c)4 of this paragraph and any other means by which interested persons may comment upon those determinations;

(viii) The date, time, and place when the public hearing(s) required in paragraph (7) of this Appendix will be held;

(ix) The address and phone number of locations at which interested persons may obtain further information; and (x) The date and time after which comments will not be considered by the Division in formulating the final determination on the draft general permit.

(d) Public notice for final general permits.

The Division shall provide public notice of the issuance of a final general permit as follows:

The notice of general permit issuance shall be circulated in a manner similar to that used to circulate the notice on the draft general permit in part (c)1 of this paragraph.
The notice of general permit issuance shall be provided to all persons on the general permit specific mailing list established in accordance with part (a)4 of this paragraph and all known potential permittees.
The public notice of the issuance of a general permit shall contain:

(i) The name, address, and phone number of the agency issuing the public notice;

June, 2013 46 (ii) The type of facilities and activities which are the subject of the general permit;

(iii) The geographical area for which the general permit is valid;

(iv) The criteria for which coverage under a general permit will be approved;

(v) If available, a listing or some other means of generally identifying the facilities proposed to be covered under the general permit;

(vi) A summary of the application process by which eligible facilities may obtain coverage under the general permit;

(vii) An explanation of any changes to the final general permit, other than editing changes, and the principal reasons for adopting the changes;

(viii) A notice that the terms and conditions of the general permit may be appealed and include the necessary instruction regarding the appeal process; and (ix) The date after which the general permit will be effective. The effective date of a general permit shall be no sooner than 30 days after the publication of the public notice in accordance with part 1 of this subparagraph.

(6) Notice to other government agencies The Division shall notify other appropriate government agencies of each draft general permit determination and shall provide such agencies an opportunity to submit their written views and recommendations.

(7) Public hearings (a) The Division shall hold one or more public hearing(s) on all draft general permits. The public hearing shall be held during the public comment period provided in accordance with part (5)(c)4 of this Appendix.

(b) The date, time, and place will be at the discretion of the Division provided:

At least 30 days is provided between the time the public notice is published in accordance with part (5)(c)1 of this Appendix and the time the hearing is held; and 2. The hearing location is within the geographical area covered by the general permit.

The record may be stenographic, mechanical, or electronic.

(8) Public access to information (a) The Division shall make identifiable public records related to all general permits available to the public for inspection and copying in accordance with the Division’s copying policies.

(b) Reserved June, 2013 47 (c) General permit development file.

The Division shall prepare a general permit development file for each issued general permit. The general permit development file shall be available for public inspection subject to the provisions of this Appendix. The general permit development file shall contain:

Copies of all public notices required in accordance with paragraph (5) of this

Appendix;

A copy of the fact sheet required in accordance with paragraph (3) of this

Appendix and any other documents not readily available to the public which were used in developing the terms and conditions of the general permit;

Reserved 4. Copies of the draft and final general permits and the application for coverage;
All written comments received during the public comment period in accordance with part (5)(c)4 of this Appendix on the draft general permit, fact sheet, and application for coverage;
The record of public hearings produced in accordance with subparagraph (7)(c) of this Appendix; and 7. The response to comments prepared in accordance with subparagraph (9)(a) of this Appendix.

(d) The Division shall add the name of any person, upon request, to a mailing list to receive notices of Division actions associated with a general permit.

(e) The Division shall provide facilities for the inspection of information relating to general permits and shall ensure that employees honor requests for such inspection promptly without undue requirements or restrictions. The Division shall either:

Ensure that a machine or device for the copying of papers and documents is available for a reasonable fee; or 2. Otherwise provide for, or coordinate with, copying facilities or services such that requests for copies of nonconfidential, identifiable public records be honored promptly.

(9) Issuance of general permits (a) At the close of the public comment period required by part (5)(c)4 of this Appendix, the Division shall prepare a response to all relevant comments received (both written and verbal) and shall briefly describe any changes, other than editing changes, and the principal reasons for making the changes to the draft general permit.

(b) General permits shall be deemed issued upon signing by the Director.

(c) The Division shall provide public notice of the issuance of all final general permits in accordance with subparagraph (5)(d) of this Appendix.

June, 2013 48 (d) General permits become effective 30 days after the date of publication of the public notice issued in accordance with subparagraph (5)(d) of this Appendix, unless a later date is specified by the Division.

(10) Appeals (a) The terms and conditions of a general permit, as they apply to the appropriate class of facilities, are subject to appeal within 30 days of issuance of the general permit.

(b) The terms and conditions of a general permit, as they apply to an individual facility, are appealable within 30 days of the effective date of coverage of that facility. This appeal is limited to the general permit’s applicability or non applicability to that individual facility.

(c) The appeal of general permit coverage of an individual facility does not affect any other facilities covered under the general permit. If the terms and conditions of a general permit are found to be inapplicable to any individual facility, the matter shall be remanded to the Director for consideration of issuance of an individual permit or permits.

(11) Modification, revocation and reissuance, and termination of general permits A general permit may be modified, revoked and reissued, or terminated, during its term for cause including, but not limited to, the following:

(a) A change occurs in the technology or practices for control or abatement of contaminants applicable to the category of facilities covered under the general permit.

(b) New biosolids or sewage sludge guidelines or standards are promulgated pursuance to the Tennessee Water Quality Control Act, §§ T.C.A 69-3-101 et seq., for the category of facilities covered under the general permit.

(c) Information is obtained which indicates that cumulative effects on the environment from facilities covered under the general permit are unacceptable.

(12) Notice for determinations to modify or revoke In the event that the Division has determined to modify or revoke, in whole or in part, a general permit in accordance with paragraph (11) of this Appendix, the Division shall notify, in writing, all facilities covered under the general permit. The notification shall include:

(a) The reason(s) why the general permit is being revoked or modified;

(b) The process for appealing the determination;

(c) An application form and a time limit for submitting the application; and (d) Any other information determined to be relevant by the Division.

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed April 1, 2013; effective June 30, 2013.

Tenn. Comp. R. & Regs. 0400-40-15-.03 RESERVED

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed April 1, 2013; effective June 30, 2013.

Tenn. Comp. R. & Regs. 0400-40-15-.04 PATHOGENS AND VECTOR ATTRACTION REDUCTION [40 CFR 503 SUBPART D]

(1) Scope [40 CFR 503.30]

(a) This rule contains the requirements for biosolids and sewage sludge to be classified either Class A or Class B with respect to pathogens.

(b) This rule contains the site restrictions for land on which Class B biosolids are applied.

(2) Special definitions [40 CFR 503.31]

“Aerobic digestion” is the biochemical decomposition of organic matter in sewage sludge into carbon dioxide and water by microorganisms in the presence of air.

“Anaerobic digestion” is the biochemical decomposition of organic matter in sewage sludge into methane gas and carbon dioxide by microorganisms in the absence of air.

“Density of microorganisms” is the number of microorganisms per unit mass of total solids (dry weight) in the biosolids or sewage sludge.

June, 2013 24 “Land with a high potential for public exposure” is land that the public uses frequently. This includes, but is not limited to, a public contact site and a reclamation site located in a populated area (e.g., a construction site located in a city).

“Land with a low potential for public exposure” is land that the public uses infrequently. This includes, but is not limited to, agricultural land, forest, and a reclamation site located in an unpopulated area (e.g., a strip mine located in a rural area).

“Pathogenic organisms” are disease-causing organisms. These include, but are not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.

“pH” means the logarithm of the reciprocal of the hydrogen ion concentration measured at 25° Centigrade or measured at another temperature and then converted to an equivalent value at 25° Centigrade.

“Specific oxygen uptake rate” or “SOUR” is the mass of oxygen consumed per unit time per unit mass of total solids (dry weight basis) in the biosolids or sewage sludge.

“Total solids” are the materials in biosolids or sewage sludge that remain as residue when they are dried at 103° to 105° Celsius.

“Unstabilized solids” are organic materials in biosolids or sewage sludge that have not been treated in either an aerobic or anaerobic treatment process.

“Vector attraction” is the characteristic of biosolids or sewage sludge that attracts rodents, flies, mosquitoes, or other organisms capable of transporting infectious agents.

“Volatile solids” is the amount of the total solids in biosolids or sewage sludge lost when they are combusted at 550 o Celsius in the presence of excess air.

(3) Pathogens [40 CFR 503.32]

(a) Biosolids—Class A.

The requirement in part 2 of this subparagraph and the requirements in either parts 3, 4, 5, 6, 7, or 8 of this subparagraph shall be met for a biosolids to be classified Class A with respect to pathogens.
The Class A pathogen requirements in parts 3 through 8 of this subparagraph shall be met either prior to meeting or at the same time the vector attraction reduction requirements in paragraph (4) of this rule, except the vector attraction reduction requirements in parts (4)(b)6 through 8 of this rule, are met.
Class A—Alternative 1 (i) Either the density of fecal coliform in the biosolids shall be less than 1000 Most Probable Number per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the biosolids shall be less than three Most Probable Number per four grams of total solids (dry weight basis) at the time the biosolids are applied or disposed; at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land; or at the time the biosolids or material derived from biosolids are prepared to meet the requirements in subparagraph (1)(b) of Rule

Tenn. Comp. R. & Regs. 0400-40-15-.05 RESERVED

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed April 1, 2013; effective June 30, 2013.

Tenn. Comp. R. & Regs. 0400-40-15-.06 PERMITTING

(1) Applicable facilities – Application required All treatment works treating domestic sewage that want to land apply Class B biosolids are considered to be applicable facilities and shall apply for a permit for the land application of Class B biosolids or submit a notice of intent certification with regard to a general permit for the land application Class B of biosolids.

(a) Designation as a treatment works treating domestic sewage.

In addition to facilities meeting the definition of a treatment works treating domestic sewage in paragraph (8) of Rule 0400-40-15-.01, the Director may designate any person, site, or facility that treats, uses, transports, stores, or applies biosolids, as a treatment works treating domestic sewage, and require the owner or operator to apply for a permit if any of the following conditions are meet:

The Director determines that a permit is necessary to protect human health or the environment from the adverse effect of a contaminant in biosolids;
The Director determines that a permit is necessary to protect human health or the environment from poor biosolids management practices;
The Director determines that a permit is necessary to ensure compliance with any of the requirements in these rules; or 4. Bulk biosolids or sewage sludge originating from a source or location outside the jurisdiction of the State of Tennessee are being applied to the land or received at any site or facility.

(b) It is a violation of these rules for a facility to fail to submit a permit application or notice of intent to the Division as required by these rules.

June, 2013 33 (2) General and individual permits The Division will issue permits for the land application of biosolids.

(a) The Division will issue, modify, revoke and reissue, and terminate a general permit in accordance with the provisions of paragraph (23) Appendix .06-E of this rule.

(b) The Division will accept and consider notices of intent seeking coverage under a general permit and revoke or terminate coverage under a general permit in accordance with the provisions of this rule.

(c) The Division will issue, modify, revoke and reissue, or terminate individual permits in accordance with the provisions of this rule.

(3) Requirements to apply for coverage under a general permit or to request an individual permit (a) After the Division has issued a general permit for the land application of biosolids, all applicable facilities shall apply for coverage under the general permit in accordance with paragraph (4) of this rule unless any of the following apply:

The facility has a current individual permit issued in accordance with these rules;
The Division requires a facility to apply for an individual permit;
On written request of the applicant, the Division has granted permission to apply for an individual permit;

(Note: (i) A facility may request an individual permit if a practice it proposes is not addressed in a general permit issued by the Division.

(ii) A facility may seek coverage under a general permit for any portion of its biosolids management practices that are applicable under the general permit and may also request an individual permit for any portion of its biosolids management practices that are not applicable under the general permit.)

The Division may require any facility applying for an individual permit in accordance with part 3 of this subparagraph to limit its practices for the land application of biosolids to those that are authorized in a general permit and to apply for coverage under a general permit; or 5. The facility produces EQ Biosolids and submits documentation in the form of an annual report in accordance with 40 CFR Part 503.18 that the product is EQ Biosolids to the State Biosolids Coordinator on or before February 19 th of each calendar year.

(b) Facilities that apply to the Division for coverage under a general permit through the submittal of a notice of intent (NOI) will be self-centered for coverage and will not require a notice of coverage (NOC) from the Division if they meet one of the following criteria:

The facility is a certified biosolids management agency under that National Biosolids Partnership’s Environmental Management System, in which case the facility shall submit documentation of certification to the State Biosolids Coordinator on or before January 15 th of each calendar year; or June, 2013 34 2. The facility land applies Class B biosolids to their own property. To land apply Class B biosolids to a site(s) not owned by the facility would require the facility to obtain an NOC from the Division only for the site(s) not owned by the facility.

(4) Timing of permit applications (a) Existing facilities seeking coverage under the initial general permit.

Existing facilities seeking coverage under a general permit shall submit a notice of intent for coverage within 60 days after issuance of the applicable general permit by the Division. However, on a case-by-case basis the Division may grant an extension up to a maximum of one year after issuance of the applicable general permit. Requests for an extension shall be made in accordance with the following:

Requests shall be made in writing to the State Biosolids Coordinator; and 2. Requests shall be made within 60 days after issuance of the applicable general permit.

(b) Existing facilities requesting an individual permit.

Existing facilities that wish to request an individual permit under part (3)(a)3 of this rule shall do so within 60 days of issuance of the applicable general permit by the Division.

Facilities that have been directed by the Director to apply for an individual permit in accordance with part (3)(a)2 of this rule or approved to apply for an individual permit requested in accordance with part (3)(a)3 of this rule shall submit a permit application within 60 days of receiving notification.

(5) Timing of notices of intent – continuing coverage (a) All facilities permitted in accordance with this rule shall submit a notice of intent to continue coverage under a general permit or an application for a new individual permit at least 180 days prior to the expiration date of their applicable permit.

(b) When a facility has submitted a timely and sufficient notice of intent or application as required in this paragraph, coverage under an expiring permit remains in effect and enforceable until any of the following occur:

The application or notice of intent has been denied and time for any appeal has expired; or 2. A replacement individual or general permit has been issued by the Division and time for any appeal has expired.

(c) Coverage under a permit for permittees who fail to submit a timely and sufficient notice of intent or application shall cease on the expiration date of the permit.

(6) Individual permit application contents All facilities shall submit a complete and factually correct individual permit application in accordance with the schedule in paragraph (4) of this rule on a form or in a format specified by the Division. The content requirements are listed in paragraph (23) Appendix .06-A of this

rule.

June, 2013 35 (7) Notice of intent contents Facilities submitting a notice of intent to be covered under an applicable general permit shall do so on a form provided by the Division in the general permit.

(8) Land application plans (a) Exemptions for exceptional quality biosolids. Land application plans are not required when exceptional quality biosolids are applied to the land.

(b) Land application plans are required when biosolids are applied to the land. Facilities that propose to apply nonexceptional quality biosolids to the land shall do one or both of the following:

Submit with their permit application or notice of intent a site specific land application plan for each site where biosolids will be applied during the life of the permit; and/or 2. Submit with their permit application or notice of intent a general land application plan, a letter dated at least 60 days prior to applying biosolids, and a site specific land application plan for each site where biosolids will be applied to the land.

(c) Any site specific land application plans shall be consistent with a facility’s general land application plan, if a general land application plan has been submitted.

(d) Site specific land application plan contents.

Each site specific land application plan shall provide information necessary to determine if the site is appropriate for land application of biosolids and a description of how the site will be managed. The minimum content for site specific land application plans is listed in paragraph (23) Appendix .06-C of this rule.

(e) General land application plan contents.

Applicants intending to apply nonexceptional quality biosolids to sites for which a site specific land application plan is not submitted as a part of the permit application shall submit for approval, as a part of their permit application, a general land application plan. The minimum content for general land application plans is listed in paragraph (23) Appendix .06-D of this rule.

(f) As individual sites are identified in accordance with the general land application plan in subparagraph (e) of this paragraph, facilities that seek to apply nonexceptional quality biosolids shall develop and submit site specific land application plans in accordance with subparagraph (d) of this paragraph.

(g) All land application plans are subject to review and final approval by the State Biosolids Coordinator. If a land application plan is found to be insufficient, the State Biosolids Coordinator may either request additional information or may impose additional requirements as a condition of approval in accordance with paragraph (16) of this rule.

(9) Submitting permit applications and notices of intent Facilities shall submit their permit application and notice of intent to the State Biosolids Coordinator.

June, 2013 36 (10) Signatories to permit applications and reports (a) Applications. All permit applications shall be signed as follows:

For a municipality, state, federal, or other public agency.

By either a principal executive officer or ranking elected official. For purposes of this rule, a principal executive officer of a federal agency includes either of the following:

(i) The chief executive officer of the agency; or (ii) A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

(b) Reports and other information.

All reports and other information required by permits and other information requested by the Division shall be signed by a person described in subparagraph (a) of this paragraph or by a duly authorized representative of that person. A person is a duly authorized representative only if the following conditions are met:

The authorization is submitted to the State Biosolids Coordinator in writing by a person described in subparagraph (a) of this paragraph; and 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters.

If an authorization in accordance with subparagraph (b) of this paragraph is no longer accurate, a new authorization satisfying the requirements of subparagraph (b) of this paragraph shall be submitted to the State Biosolids Coordinator prior to or together with any reports or other information.

(d) Certification.

Any person signing a document in accordance with subparagraph (a) or (b) of this paragraph shall make the following certification, unless a different certification is applicable in accordance with another related requirement of these rules:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

(11) Reserved (12) Recordkeeping required for permit application June, 2013 37 Applicants shall keep records of all information used to complete permit applications, and any supplemental information submitted, for a period of five years, or longer if otherwise required by these rules, the conditions of the applicable permit, or other state laws.

(13) Public notice and comment period `Public notices and comment periods shall be in conformance with Rule 1200-04-05-.06 requirements.

(14) Compliance schedules (a) A permit may specify a schedule leading to compliance with the federal Clean Water Act and these rules. Any compliance schedule in accordance with this paragraph shall require compliance as soon as possible, but not later than any applicable statutory deadline under the CWA or the Tennessee Water Quality Control Act.

(b) Interim dates. If a permit establishes a compliance schedule that exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement. The time between interim dates shall not exceed six months.

(c) Reporting. The permit shall require that no later than 14 days after each interim date and the final date of compliance, the permittee shall notify the Division in writing of its compliance or noncompliance with the interim or final requirements.

(15) Fact sheet required for individual permits (a) The Division shall prepare a fact sheet for every draft individual permit for biosolids application.

The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit.
The Division shall send this fact sheet to the applicant and, on request, to any other person.

(b) Fact sheet content. The facts sheet shall include all of the following:

A brief description of the type of facility or activity that is the subject of the draft permit;
Any calculations or other necessary explanation of the derivation of conditions for biosolids application, including a citation to the applicable standards for biosolids application and reasons why they are applicable, or in the case of conditions developed on a case-by-case basis to implement § 405(d)(4) of the CWA, an explanation of and the basis for the conditions; and 3. For permits that include a general land application plan, a brief description of how each of the required elements of the land application plan is addressed in the permit.

(16) Additional or more stringent requirements (a) On a case-by-case basis, the Division may impose requirements for the land application of biosolids that are in addition to or more stringent than the requirements in June, 2013 38 these rules if the Division finds that the additional or more stringent requirements are necessary to protect public health or the environment from any adverse effect of a contaminant in the biosolids or to ensure compliance with these rules. Imposition of such requirements will be done through issuance of an individual permit.

(b) In addition to other considerations, failure of a generator, applier, or landowner to conform to any applicable requirements of these rules may be cause to impose additional or more stringent requirements through issuance of an individual permit.

(17) Prohibition The Division may not issue a permit when the Regional Administrator of EPA has objected in writing in accordance with 40 CFR 123.44.

(18) Duration of permits (a) Permits are issued for fixed terms up to, but not exceeding, 5 years from the effective date of the permit. Final coverage under a general permit may be issued for a period up to the remaining term of issuance for the permit.

(b) The term of a permit may not be extended by modification beyond 5 years.

(19) Transfer of permit coverage (a) Except as provided in subparagraph (b) of this paragraph, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, to identify the new permittee and incorporate other requirements as may be necessary to assure compliance with the requirements of these rules.

(b) Automatic transfer.

Coverage under a permit is automatically transferred from the old permittee to a new permittee on the date agreed to if all of the following conditions are met:

A written, signed agreement between the old and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability is submitted to the Division; and 2. The Division has not notified both permittees of any objection to the transfer, or of the intent to revoke the permit.

(c) No condition or requirement of a permit or these rules may be waived by the transfer of permit coverage from one party to another.

(20) Modification or revocation and reissuance of permits (a) When the Division receives any information (for example, upon inspection of a facility, receipt of information submitted by the permittee as required in the permit, receipt of a request for modification or revocation and reissuance, or upon a review of the permit file), the Division may determine whether or not one or more of the causes listed in subparagraph (b) or (c) of this paragraph for modification, or revocation and reissuance, or both, exist.

If cause for modification, or revocation and reissuance, or both, exists, the Division may modify or revoke and reissue a permit and may request an update application, if necessary.

June, 2013 39 2. When a permit is modified, only the conditions subject to modification are reopened.

If a permit is revoked and reissued, the entire permit is reopened and subject to revision, and the permit may be reissued for a new term.
If cause does not exist in accordance with this paragraph, the Division may not modify or revoke and reissue a permit.

(b) Causes for modification. The following are causes for modification, but not revocation and reissuance of permits except when the permittee requests or agrees.

Alterations. There are material and substantial alterations or additions to the permitted facility or activity that occurred after permit issuance that justify the application of permit conditions that are different from or absent in the existing permit.
Information. The Division has received new information. A permit may be modified during its term for this cause only if the information was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance.
New regulations. New regulations have been adopted or the standards or regulations on which the permit was based have been changed by adoption of amended standards or regulations or by judicial decision after the permit was issued.
Compliance schedules. The Division determines good cause exists for modification of a compliance schedule, such as an act of God, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonable available remedy. However, in no case may a compliance schedule be modified to extend beyond an applicable CWA statutory deadline.
Land application plans. When required by a permit condition to incorporate a general land application plan for beneficial use of biosolids, to revise a general land application plan, or to add a general land application plan.

(c) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit:

Cause exists for termination in accordance with paragraph (21) of this rule and the Division determines that modification or revocation and reissuance is appropriate; or 2. The Division has received notification of a proposed transfer of the permit.

(21) Causes for termination of permits, denying permit applications, or denying expansion of an existing permit The following are causes for terminating a permit during its term, or for denying a permit application, or for denying an expansion of an existing permit:

(a) Noncompliance by the permittee with any condition of the permit;

June, 2013 40 (b) The permittee’s failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee’s misrepresentation of any relevant facts at any time;

(c) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; and/or (d) A change in any condition that requires either a temporary or a permanent reduction or elimination of any activity controlled by the permit.

(22) Reserved (23) Appendices

Appendix .06-A Minimum Content for a Permit Application (1) The activities conducted by the applicant that require it to obtain a permit.

(2) Name, mailing address, and location of the facility for which the application is submitted.

(3) The operator’s name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity.

(4) Whether or not the facility or any associated facilities or land applications sites are located on federal lands.

(5) A map extending 1 mile (1.6 kilometers) beyond the property boundaries of the facility, showing the location and means of access to the facility.

(6) Any biosolids monitoring data the applicant has for the last 2 years.

(7) A description of the applicant’s biosolids application practices including, where applicable, the location of any sites where the applicant transfers biosolids for treatment, as well as the name of the applicator or other contractor who applies the biosolids to land if different from the applicant.

(8) Land application plans, as required by paragraph (8) of Rule 0400-40-15-.06.

(9) The amount of biosolids produced and the amount of biosolids applied to the land during the previous year.

(10) Any information required to determine the appropriate standards for permitting in accordance with these rules, and any other information the Division may request and reasonably require to assess biosolids application, to determine whether or not to issue a permit, or to ascertain appropriate permit requirements in accordance with these rules.

Appendix .06-B (Reserved)

Appendix .06-C Minimum Content for a Site Specific Land Application Plan (1) If biosolids containing contaminants in excess of the values in Table 3 of part (3)(b)3 of Rule

Chapter 0400-40-16 Public Sewerage Systems (Transferred from 1200-05-02 which was repealed)

Tenn. Comp. R. & Regs. 0400-40-16-.01 DEFINITION OF TERMS

(1) Public Sewerage System. The conduits, sewers, and all devices and appurtenances by means of which sewage is collected, pumped, treated and disposed of finally. This shall include systems owned by municipalities, utility districts, those corporately owned, state owned, and all others serving the public, including industrial wastes discharged into public systems.

(2) Sewage. All water carried wastes from residences, buildings, institutions, or industrial establishments that are connected to a public sewerage system, together with such ground, surface, or storm water as may be present.

(3) Department. The Tennessee Department of Environment and Conservation through its executive officer, the Commissioner of Environment and Conservation, or his designated representative.

(4) Person. Any and all persons, natural or artificial, including any individual, firm or association, and any municipal or private corporation organized or existing under the laws of this or any other state or country.

History

Authority: T.C.A. §§ 68-221-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-05-02.

Tenn. Comp. R. & Regs. 0400-40-16-.02 SUPERVISION OVER CONSTRUCTION OF PUBLIC SEWERAGE SYSTEMS

(1) Preliminary Informations.

Whenever any new construction or any change of an existing system is contemplated, a statement concerning the proposed construction or change together with such preliminary plans, reports, operating cost data, construction cost estimates, and any other necessary data shall be submitted to the Tennessee Department of Environment and Conservation.

These data will be reviewed by the Department to determine if sufficient information has been provided for review of the project and if the proposed project meets the Department's general design criteria and if additional changes will be necessary prior to preparation of the final plans and specifications. The Department's approval should be obtained in writing prior to preparation of the final plans and specifications.

(2) Sewage Samples.

Whenever any new construction or changes of an existing system involving the treatment works is contemplated representative samples of the sewage shall be properly collected and December, 2013 2 analyses are directed by the Department. These data and any other pertinent information shall be submitted to the Department.

(3) Final Plans.

Before work is commenced on any new construction or change of an existing system, final plans and specifications and cost estimates, together with such additional data as may be necessary to determine the suitability of the works, shall be submitted to the Tennessee Department of Environment and Conservation, and no part of the work shall be started until the Department has given its written approval. All such plans should be submitted at least 30 days prior to the date upon which action of the Department is desired. After construction has been completed, a set of "As Built" plans shall be submitted to the Department.

(4) Revision of Plans.

All changes in the plans and specifications requested by the Department must be made and approved by the Department prior to construction. In case it is necessary or desirable to make any additional changes in the approved plans and specifications, revised plans and specifications, together with a statement of the reasons for the changes, shall be submitted to the Tennessee Department of Environment and Conservation for review and no part of the work affected by the change shall be started until the Department has given its approval in writing.

(5) Work in Conformity with Plans and Specifications.

A copy of the approved plans and specifications shall be available at the job site at all times during construction. All work on new construction or changes of existing systems shall be done in conformity with the approved plans and specifications. The consulting or design engineer shall provide adequate inspection during construction to ascertain that all work is done in accordance with the approved plans and specifications.

The Department's representative shall have access to the project at all times during construction. If the Department's representative observes work being done in a manner that does not conform to the approved plans and specifications, a request will be made through the engineer's representative or directly to the contractor to cease all work until the nonconformity with the approved plans and specifications has been rectified.

(6) Records of Existing Works.

Whenever there is any question concerning the suitability of existing structures, equipment or other parts of the sewerage system to perform the function for which intended, the Department may require the submission of plans or other data necessary to ascertain the details of such works in relation to their possible direct or indirect effect upon public health.

(7) Sewer Use Ordinance.

The governing body of each public sewerage system shall enact an ordinance that will state:

(a) the type materials, construction, and inspection of service lines connecting to the public sewer, (b) the limits of the physical and chemical characteristics of the sewage that will be discharged to the system by the users, and (c) any surcharges that will be assessed when the limits of the physical and/or chemical characteristics are violated.

December, 2013 3 A copy of the proposed ordinance must be submitted to and approved by the Department. Such ordinance must be on file with the Department prior to the placing into operation the sewerage facilities.

(8) Ownership and Operational Organization.

Prior to the approval of final plans and specifications for sewerage facilities that are not owned and operated by a municipality or public utility district, the Department must receive evidence of the ownership of the system by a satisfactory organization that will be responsible for the operation and maintenance (such organization as a corporation set up under the General Corporation Act of 1969, an organization that has a charter from the Tennessee Public Service Commission, or a title deed on FHA insured loans) of the system.

(9) Other Utilities.

No other utility lines or systems are to be placed in the same trench as sewer lines, and potable water lines should be placed a minimum horizontal distance of ten (10) feet from the sewer lines.

History

Authority: T.C.A. §§ 68-221-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-05-02.

Tenn. Comp. R. & Regs. 0400-40-16-.03 SUPERVISION OVER OPERATION OF PUBLIC SEWERAGE SYSTEMS

(1) Records and Reports.

Daily records of the operation and maintenance of sewerage facilities, data on laboratory analyses of samples collected in accordance with the sampling program provided by the Department, and any other pertinent information shall be submitted to the Tennessee Department of Environment and Conservation on forms supplied by the Department.

Reports may be required weekly, monthly, or as deemed necessary to ascertain the continuous satisfactory operation of the facilities.

(2) Samples.

Such samples of sewage or water from the receiving stream shall be submitted to the Tennessee Department of Environment and Conservation when and in such manner as may be directed from time to time.

(3) Supervision and Operation.

The supervision, operation, and maintenance of sewerage systems shall be of such character as in the opinion of the Tennessee Department of Environment and Conservation will produce satisfactory results as judged by current standards of the Department. Evidence of competency may be required if and when deemed necessary by the Commissioner to insure proper operation and maintenance of any public sewerage system.

(4) Bypassing.

There shall not be discharged any untreated sewage or inadequately treated wastes to a ditch, stream or lake except in cases where an absolute necessity exists for a short duration and the consent of the Tennessee Department of Environment and Conservation has been received in writing prior to the time of discharge.

December, 2013 4

History

Authority: T.C.A. §§ 68-221-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-05-02.

Tenn. Comp. R. & Regs. 0400-40-16-.04 INTERCONNECTIONS OR OTHER CONNECTIONS WITH POTABLE WATER

SUPPLY.

Interconnections.

No person shall install, permit to be installed or maintain an interconnection or other connection between any part of the sewerage system or any appurtenance and a potable water supply or a public water supply in such manner that sewage or waste may find its way into or otherwise contaminate any potable or public water supply.

History

Authority: T.C.A. §§ 68-221-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-05-02.

Tenn. Comp. R. & Regs. 0400-40-16-.05 INVESTIGATIONS, REPORTS, AND RECOMMENDATIONS, STANDARDS, AND

ORDERS.

(1) Investigations.

The Department of Environment and Conservation will make such routine or special investigations as may be considered necessary to insure proper construction, operation and maintenance of public sewerage systems and to insure compliance with these regulations.

The owners or operators of public sewerage systems shall arrange to assist the Department in making such investigations and otherwise cooperate by furnishing any pertinent data.

When the Department makes written recommendations concerning the sewerage facilities, the recommendations should be followed when at all possible.

(2) Reports and Recommendations.

Reports of investigations, together with recommendations regarding needed improvements or other matters relating to any public sewerage system, shall be prepared and forwarded to the official responsible for such system as often as deemed necessary by the Director of the Division.

(3) Standards.

The Department shall prepare and disseminate such information concerning public sewerage systems as it may deem necessary or desirable to insure the proper collection and disposal of sewage. It shall prepare, adopt, or utilize such standards as necessary to evaluate results of sewage disposal through any public sewerage system in Tennessee.

(4) Special Orders.

Whenever it is the judgment of the Tennessee Department of Environment and Conservation, based upon investigations, that a public sewerage system is an actual or potential menace to public health, because of faulty design, inadequacy, improper supervision, or inefficient operation, and that effective measures are not being carried out to correct these defects, the Department may issue an order for their correction, and such order or orders shall be complied with within the time limit specified in the order.

(5) Enforcement by Department.

Whenever in the judgment of the Tennessee Department of Environment and Conservation any standards, policies, general or special orders, rules, or regulations issued by it to control December, 2013 5 public sewerage systems are violated, an authorized representative of the Department may cause to be issued a warrant in the appropriate court for the violation.

History

Authority: T.C.A. §§ 68-221-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-05-02.

Chapter 0400-40-17 Certification of Qualified Hydrologic Professionals

Tenn. Comp. R. & Regs. 0400-40-17-.01 MINIMUM QUALIFICATIONS

(1) Persons seeking to be certified by the department as Tennessee qualified hydrologic professionals must hold, at a minimum, a bachelor’s degree in biology, geology, ecology, engineering, or related sciences, must have a minimum of five years relevant experience, and must successfully complete the Tennessee Hydrologic Delineation Class offered or accredited by the department.

(2) Qualifying relevant experience is professional employment that includes regular, periodic fieldwork in biologic or hydrologic assessments of streams and wet weather conveyances.

Every year of qualifying experience shall include at a minimum one wet weather conveyance determination.

History

Authority: T.C.A. §§69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed March 2, 2011; effective May 11, 2011.

Tenn. Comp. R. & Regs. 0400-40-17-.02 APPLICATION FOR CERTIFICATION

(1) Persons may take the test offered for the certification program for qualified hydrologic professionals without seeking the certification; provided however, that if someone passes the test before they have the required experience and later wishes to use the results from that test to obtain certification, the date of that test or the latest refresher test may not be more than three years prior to the date of application for certification.

(2) Persons seeking certification as a qualified hydrologic professional shall submit the following to the department’s designee for the certification program prior to taking the test: a fully completed form developed by the department and signed under penalty of perjury that contains all information showing their qualifications, including the details of their educational degrees and professional experience including documentation or description of at least five hydrologic determinations.

(3) In determining years of experience, the work done to meet any requirement for a bachelors level degree program does not qualify toward the five years of professional experience required for certification. However, relevant work experience obtained on summer employment, work study, or other employment that is not a degree requirement does qualify for such purposes.

History

Authority: T.C.A. §§69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed March 2, 2011; effective May 11, 2011. May, 2011 2

Tenn. Comp. R. & Regs. 0400-40-17-.03 MAINTENANCE AND REVOCATION OF CERTIFICATION

(1) Certificates will be valid for three years from issuance. Once a person has been certified by the department as a qualified hydrologic professional, he or she must successfully complete a refresher course offered by the department every three years in order to maintain such certification. Evidence of successful completion of a refresher course shall be submitted by the hydrologic professional with the application for renewal of a certificate at least 90 days before expiration of the certificate. A new certificate will not be issued without evidence of successful completion of a refresher course.

(2) During the term of a certificate, the department may revoke the certification of any qualified hydrologic professional if it is determined that there is cause. Cause for decertification includes, but is not limited to, failure to timely and successfully complete any required refresher courses, submission to the department of materially false information, or repeated submission of reports in support of hydrologic determinations that contain significant failures to exercise the skills of a certified hydrologic professional in accordance with these rules and the Guidance for Making Hydrologic Determinations (Guidance) which contains the instructions and examples for proper application of these rules to situations in the field that has been developed pursuant to §69-3-107(25). Such revocation shall be sent to the hydrologic professional by certified mail. An appeal of a revocation will be heard by the board as a contested case under the Uniform Administrative Procedures Act, Tenn. Code Ann. §§ 4-5-301 et seq. A revocation by the Commissioner or by an order of the board will not become effective until the applicable period for filing an appeal from such action has passed without the filing of an appeal.

(3) If a person’s certification as a qualified hydrologic professional is revoked by the department, the person may appeal the revocation by filing a petition stating the reasons for disagreeing with the revocation with the board within 30 days of the date of receipt of the revocation.

(4) When a person’s certification as a qualified hydrologic professional has been revoked, he or she must again successfully complete the Tennessee Hydrologic Delineation Class offered or accredited by the department. However, the de-certified person may not re-apply to take the class for a period of one year after the certification has been revoked.

History

Authority: T.C.A. §§69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed March 2, 2011; effective May 11, 2011.

Tenn. Comp. R. & Regs. 0400-40-17-.04 REQUIREMENTS FOR WET WEATHER CONVEYANCE DETERMINATION

REPORTS.

(1) A report regarding a wet weather conveyance determination submitted to the department by a person certified as a Qualified Hydrologic Professional (QHP) seeking to qualify for the treatment provided in §69-3-108(r) shall so state in bold print on the first page of the document and shall be sent to the appropriate field office of the department accompanied by the following documentation.

(a) A written and an electronic copy of the report. The report should include the name, address, and phone number of the current property owner(s), and the person or applicant who proposes to alter the watercourse (if different from the owner), and the name, affiliation, and certification identification number of the QHP submitting the report.

(b) A statement, signed by the certified QHP attesting that all submitted information is true, accurate and complete.

May, 2011 3 (c) An explanation of the purpose and context of the hydrologic determination report, including any proposed alterations to wet weather conveyances, streams, wetlands, or other aquatic resources.

(d) The identification of the starting and ending points along a watercourse of the areas determined to be a wet weather conveyance; such areas may not be larger than what is currently proposed to be altered by the proponent of project.

(e) A vicinity map, including the property boundaries or hydrologic determination review area (if different then property boundary). A color copy of the United States Geological Survey topographical map with an overlay of the property (development) boundary is preferred. On linear projects, start and terminus points are required. The map should clearly indicate the specific locations of all hydrologic features that are subjects of the provisions of §69-3-108(r) identified in the report. Specific latitude/longitude coordinates must either be included on the map or in the body of the hydrologic determination report.

(f) Color photographs of each of the hydrologic features to potentially be altered or otherwise identified in the report; including the date each photograph was taken, latitude and longitude, in decimal degrees of each photograph location and indicate the location and direction of each photographic view on the site map or plan. These photographs must be representative over the overall reach of water feature evaluated.

At a minimum, include a photograph of the area to potentially be altered, immediately up channel of the area to potentially be altered, and immediately down channel.

(g) TDEC Hydrologic Determination Field Data Sheets, completed in conformance with the current TDEC-WPC Guidance for Making Hydrologic Determinations and Streams. At least one data sheet must be submitted for each watercourse to potentially be altered or identified.

(h) Any previous assessments of hydrologic features on site known to the submitter.

(i) Any other information used in making the hydrologic determinations included in the report. Examples include NRCS Soil Maps, local geological data, recent and seasonal precipitation gauge records, benthic surveys, etc.

(j) Recommended, but not required information includes:

Site development (concept) plans and project name (separate sheet(s), if available);
Close-contour survey maps;
An aerial photo with an overlay of the property boundary;
Municipal jurisdiction of the project site; and 5. Location, dimensions, and type of sewage/septic system proposed if applicable.

(2) When a person desiring to alter a specific water of the state requests a determination from the commissioner that the watercourse is a wet weather conveyance and submits a report from a certified QHP conducted in accordance with all requirements of the rules and guidance adopted pursuant to §69-3-105(m) and §69-3-107(25), and containing all of the information required by paragraph (1) of this rule, then the determination made in the report shall be presumed to be correct, unless the department notifies such person in writing, or by May, 2011 4 electronic mail, within thirty (30) days of the submittal of the report, that the department has affirmatively determined that there is a significant question about whether the water of the state in question is a stream or wet weather conveyance and states the reason(s) for that determination.

(3) If the department has made such a determination that there is a significant question regarding such a submittal, then the department shall, within thirty (30) days following the date of such notification, determine whether the water of the state in question is a stream or wet weather conveyance, and notify such person in writing, or by electronic mail, of that decision and the reasons for that determination.

(4) If the department rejects the hydrologic determination submitted by a certified QHP on behalf of a person desiring to alter a specific water of the state who has requested a determination from the commissioner that the watercourse is a wet weather conveyance, that person may appeal the department’s determination that the specific water is a stream by filing a petition for appeal with the board within thirty (30) days of receiving the department’s rejection.

History

Authority: T.C.A. §§69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed March 2, 2011; effective May 11, 2011.

Chapter 0400-40-18 Rock Harvesting

Tenn. Comp. R. & Regs. 0400-40-18-.01 PURPOSE

The purpose of these rules is to implement T.C.A. §§ 69-3-143 through 69-3-147 which govern rock harvesting operations as defined in T.C.A. §§ 69-3-144 (1) through (3).

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed February 15, 2013; effective May 16, 2013. Amendments filed October 3, 2016; effective January 1, 2017.

Tenn. Comp. R. & Regs. 0400-40-18-.02 APPLICATION OR NOTICE OF INTENT FOR ROCK HARVESTING

(1) Operators shall submit a Notice of Intent for Rock Harvesting to obtain coverage under the applicable general permit unless the Division informs an operator that an individual NPDES permit is required. The reasons for requiring an individual permit include the following:

(a) There will be a discharge of any water which, during manufacturing or processing, comes into direct contact with, or results from, the production of any raw material, intermediate product, finished product, byproduct, or waste product process associated with stone processing operation(s), which includes crushing, sawing, screening, and/or uncovered breaking on the site;

(b) There will be any other non-storm water discharges from the site, including but not limited to mine dewatering and domestic sewage;

(c) There will be a discharge from the rock harvesting site to Exceptional Tennessee Waters that would cause degradation of any applicable available parameter above the level of de minimis as defined by paragraph (4) of Rule 0400-40-03-.04;

(d) There will be a discharge from the rock harvesting site to waters with unavailable parameters that may cause measurable degradation of the parameter that is unavailable, unless the Division determines the estimated pollutant loading is consistent with an EPA-approved total maximum daily load; and (e) The Division determines that an individual permit is required to adequately protect water quality in the receiving stream(s).

(2) An original and two copies of all individual NPDES application forms or the notice of intent and supporting materials for the application forms or notice of intent, including the information required by this rule, shall be submitted.

(3) Written proof of general liability insurance coverage shall be submitted by the operator along with the permit application or notice of intent.

(a) Liability coverage shall be in an amount no less than one million dollars ($1,000,000).

(b) Insurance coverage shall remain in effect for the life of the rock harvesting operation.

(c) The policy shall provide that the insurer will notify the department at least thirty (30) days prior to the effectiveness of any cancellation of coverage by the insurer.

(d) The operator shall notify the department of any change in insurance coverage during the life of the rock harvesting operation and provide a copy of any new policy issued after the initial policy no later than one week after the new policy becomes effective.

(4) Written proof of Workers’ Compensation insurance coverage, if applicable, shall be submitted by the operator along with the permit application or notice of intent.

(5) Written proof of registration with the Tennessee Department of Revenue for all operators and any subcontractors shall be submitted with the permit application or notice of intent.

(6) Evidence of the operator’s legal right to harvest minerals on the land covered by the permit application or notice of intent, in the form of a properly executed deed, lease, or other appropriate document, shall be submitted with the permit application or notice of intent.

(7) If the surface and mineral rights of any portion of the land covered by the permit application or notice of intent have been severed, the operator shall:

(a) Notify the surface owner, by certified mail, return receipt required, of the intent to begin rock harvesting operations, at least thirty (30) days prior to beginning such operations including a copy of the permit or notice of coverage from the department;

(b) Prior to beginning rock harvesting operations, forward copies of all records relating to the notification required by subparagraph (a) of this paragraph to the department; and (c) Bear all costs pertaining to the notification and transmission of documents required by subparagraphs (a) and (b) of this paragraph.

(8) A general location map taken from a USGS 7 ½ minute quadrangle map that shows the location of the mining area(s) and haul road(s) and which includes the name of the operation and the name and number of the quadrangle shall be submitted with the application or notice of intent.

(9) A site/operations map at a scale of 1” = 500’, or larger as needed to provide sufficient detail and avoid a cluttered look, shall be submitted with the application or notice of intent. The site/operations map shall include, at a minimum:

(a) A title block which contains:

The name of the operator;
The name of the owner of the surface rights and the name of the owner of the mineral rights;
The county(ies) in which the operation is located;
The total number of acres to be disturbed by mining operations and haul roads; and, 5. The date the map was prepared along with a certification of its accuracy by the preparer.

(b) The body of the site/operations map shall show:

The proposed permit boundary, including haul roads, marked in red;
The location and type of all water treatment structures, including Best Management Practices;
The location and name(s) of all stream(s) receiving drainage from the operation;
The location and names of all property owners within 500 feet of the permit boundary;
The location of any onsite structures (i.e. buildings, scales, processing equipment, stockpiles, storage areas, etc.);
The location of significant features such as cemeteries, public roads, railroad tracks, oil and gas wells, surface mines, underground mines, transmission lines, pipelines or utility lines within 500 feet of the permit boundary;
The location of initial cuts or excavation and the subsequent cut sequence and direction of mining; and 8. The location(s) where topsoil and/or other materials suitable for revegetation will be stockpiled.

(10) A reclamation plan shall be submitted with the application or notice of intent. The plan shall include, at a minimum:

(a) A description of the manner in which topsoil, and/or other material(s) suitable for revegetation, will be segregated;

(b) A description of backfilling and grading operations to be carried out concurrently with mining excavation that addresses whether there will be sufficient overburden to return the land to its original conformation after mining; and if the land will not be returned to its original conformation, a reclamation plan map shall be submitted that depicts:

The altered land conformation and drainage patterns that will exist after mining;
The location of any permanent impoundment(s) proposed to remain when mining is complete; and 3. The location of any roads to remain after mining, including information regarding the surfacing and drainage controls used to maintain road stability; and (c) A revegetation plan which specifies:
The types and amounts of seed, fertilizer, lime and mulch that will be applied per acre, following the recommendations of the Tennessee Erosion and Sediment Control Handbook;
The type(s) and spacing of trees to be planted; and 3. If the surface and mineral rights on any portion of the land covered by the permit application or notice of intent have been severed, a notarized letter confirming the concurrence of the surface owner as to the size and location of any impoundment(s) or roads to remain after mining and whether or not trees are to be planted must be submitted.

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed February 15, 2013; effective May 16, 2013. Amendments filed October 3, 2016; effective January 1, 2017.

Tenn. Comp. R. & Regs. 0400-40-18-.04 REQUIREMENTS FOR SEDIMENT AND EROSION CONTROL

(1) During Rock Harvesting or Exploration (a) Operators and persons engaged in exploration shall use best management practices following the recommendations of the Tennessee Erosion and Sediment Control Handbook to prevent erosion and control sediment.

(b) Operators and persons engaged in exploration shall select, design and install erosion prevention and sediment control measures to prevent discharges to waters of the state that would violate water quality standards or cause pollution.

(c) Approved sediment and erosion control measures must be in place prior to beginning rock harvesting operations and exploration.

(d) Approved sediment and erosion control measures must be maintained throughout the life of the rock harvesting operation until reclamation has been approved as being successful by the Division. Approved control measures must also be maintained throughout the exploration activity until the site has been stabilized.

(e) Operators and persons engaging in exploration shall operate and maintain sites so that there are no discharges of oil or other waste to waters of the state.

(f) Operators and persons engaging in exploration shall comply with all provisions of permits.

(g) Operators and persons engaging in exploration shall modify practices or control measures, as directed and/or approved by the Division, to control discharges.

(2) Reclamation (a) The purpose of reclamation is to stabilize the site so that there will not be discharges of sediment or other waste into waters of the state.

(b) Grading shall be conducted so as to return the affected area as closely as is reasonable to its pre-harvesting condition and drainage patterns, considering the amount of available overburden, drainage control, and post-harvesting land use.

(c) Revegetation shall be deemed acceptable when an eighty percent (80%) groundcover of self-sustaining vegetation, with no bare areas exceeding one fourth (1/4) of an acre, has been established for two (2) growing seasons. If trees are planted, there shall be six hundred (600) surviving stems per acre after two (2) growing seasons. If the Division determines this level of revegetation is not practicable at a given site, the operator shall (1) revegetate to the extent practicable and (2) provide surface stabilization for the entire site.

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed February 15, 2013; effective May 16, 2013. Amendments filed October 3, 2016; effective January 1, 2017. Rule was previously numbered 0400-40-18-.03, but renumbered 0400-40-18-.04 with the addition of a new 0400-40-18-.03.

Tenn. Comp. R. & Regs. 0400-40-18-.03 NOTICE OF INTENT FOR EXPLORATION

(1) For purposes of this chapter, “exploration” means the excavation of a potential rock harvesting site that disturbs less than 1 acre of land, does not result in removal of more than 100 tons of minerals as defined in T.C.A. § 69-3-144(1), and does not involve processing as described in subparagraph (1)(a) of Rule 0400-40-18-.02.

(2) Persons seeking coverage under the general permit for exploration shall submit a Notice of Intent for exploration at least 7 days prior to engaging in exploration. The Notice of Intent for exploration shall include the following:

(a) The legal name and address of the owner and/or operator;

(b) The facility name and location;

(d) A general location map produced from a USGS 7½ minute quadrangle map that shows the location of the exploration area(s) and haul road(s), which shall be marked in red, and includes: the name of the facility; the name and number of the quadrangle; the receiving stream(s); and an indication of whether any stream crossings are required.

(Note: stream crossings must be in compliance with the requirements of Chapter 0400- 40-07); and (e) Description of the erosion prevention and sediment control measures for the site as required by Rule 0400-40-18-.04.

(3) Coverage under the applicable general permit shall be effective upon receipt of the Notice of Intent for exploration by the Division for a period of no more than 60 days, by which time the permittee must either:

(a) Submit a Notice of Intent for Rock Harvesting in accordance with Rule 0400-40-18-.02;

(b) Submit an application for an individual permit; or (c) Stabilize the site and withdraw from the area.

If a Notice of Intent for Rock Harvesting or an application for an individual permit is timely submitted, coverage under the general permit covering exploration including applicable restrictions (i.e., disturbance of less than one acre of land and removal of less than 100 tons of mineral) shall continue until the Division issues a notice of coverage for rock harvesting operations under the applicable general permit, issues an individual permit, or denies permit coverage for the operation.

History

Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
Administrative History: Amendments filed October 3, 2016; effective January 1, 2017.

0400-43 Water Resources (Mineral Test Holes)

Chapter 0400-43-01 Mineral Test Holes

Tenn. Comp. R. & Regs. 0400-43-01-.01 DEFINITIONS

As used in this chapter, unless the context clearly requires otherwise:

(1) “Act” means the Mineral Test Hole Regulatory Act, T.C.A. Title 60, Chapter 1, Part 5.

(2) “Board” means the Tennessee Board of Water Quality, Oil and Gas.

(3) “Department” means the Tennessee Department of Environment and Conservation.

(4) “Mineral” means any substance with economic value whether organic or inorganic that can be extracted from the earth, but excluding oil and gas.

(5) “Mineral test hole” or “test hole” means any hole in excess of one hundred (100) feet drilled during the exploration for minerals but excludes auger drilling in surficial or otherwise unconsolidated material, drilling in conjunction with mining or quarrying operations (i.e., blast holes), and drill holes for the exploration of oil and/or gas, water, structural foundations, and seismic surveys.

(6) “Natural brine” means naturally occurring mineralized water other than potable or fresh water.

(7) “Operator” means the person, whether owner or not, supervising or responsible for drilling, operating, repairing, abandoning or plugging of test holes subject to this chapter.

(8) “Owner” means the person who has or attains the right to drill, convert or operate any test hole subject to this chapter.

(9) “Person” means any individual, corporation, company, association, joint venture, partnership, receiver, trustee, guardian, executor, administrator, personal representative or private organization of any kind.

(10) “Pollution” means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of the waters, soils, animal, fish and aquatic life or surface property of this state, as will:

(a) Result or will likely result in harm, potential harm, or detriment to the public health, safety, or welfare;

(b) Result or will likely result in harm, potential harm, or detriment to the health of animals, birds, fish or aquatic life;

(c) Render or will likely render the waters, soils, animal, fish and aquatic life or surface property substantially less useful for domestic municipal, industrial, agricultural, recreational, or other reasonable uses; or (d) Leave or will likely leave the waters in such condition as to violate any standards of water quality established by the Board.

(11) “Supervisor” means the Commissioner of the Tennessee Department of Environment and Conservation or the Commissioner’s designee.

History

Authority: T.C.A. §§ 4-5-201 et seq. and 60-1-501 et seq.
Administrative History: Original rules filed January 4, 2017; effective April 4, 2017.

Tenn. Comp. R. & Regs. 0400-43-01-.02 BOND

(1) Amount of bond A bond is required to be in force for a test hole in the name of the owner or operator from the time a drilling permit is granted until the test hole is abandoned in accordance with this

chapter. The bond for an individual test hole shall be for the sum of one thousand dollars ($1,000). An individual test hole bond shall be released upon the proper plugging of the test hole and the filing with the Supervisor of a Plug and Abandon Report.

(2) Blanket bond In lieu of an individual bond, any owner or operator may file with the Supervisor a blanket bond in the sum of ten thousand dollars ($10,000) covering up to twenty-five (25) test holes to be drilled by the principal in the bond with the acceptance and approval by the Supervisor.

A blanket bond shall be released upon the proper plugging of all test holes covered by the bond, and the filing of Plug and Abandon Reports with the Supervisor. A surety may notify the Supervisor in writing by registered mail, that the owner or operator is no longer authorized by the surety to obtain permits under said bond. If or when all test holes permitted under said bond have been abandoned in accordance with this chapter, the Supervisor shall release the bond.

(3) Relief of Responsibility An owner or operator’s bond and other responsibilities to a test hole or test holes shall be relieved upon approval by the Supervisor of a successor's application for a bond and the tendering of authorization by the permittee requesting the Supervisor to approve the successor's application.

(4) Execution of bond-exception Acceptable bond instruments include: a bond or bonds executed by a corporate surety authorized to do business in Tennessee and that is among those listed as acceptable sureties on federal bonds in Circular 570 of the U.S. Department of the Treasury, irrevocable letters of credit, personal bonds supported by certificates of deposit or personal bonds supported by cash or certified check. The wording of all instruments must be identical to the wording furnished by the Department’s Division of Financial Responsibility.

(a) Certificates of deposit used to meet the requirements of this rule must meet the following requirements:

The certificate of deposit shall be registered as follows, except that the phrase “Corporation XYZ” should be replaced by the name of the owner/operator:

“Corporation XYZ and Tennessee Department of Environment and Conservation or Tennessee Department of Environment and Conservation”.

The institution holding the funds shall be a commercial financial institution regulated by a federal agency or regulated by the Tennessee Department of Financial Institutions.
The certificate of deposit shall be automatically annually renewed with the earned interest released to the principal as accrued.
The original certificate of deposit or documentation of the deposit approved by the Department’s Division of Financial Responsibility shall be submitted to and held by the Department.
Accompanying the certificate of deposit or approved documentation shall be a letter from an officer of the issuing financial institution on the institution’s letterhead that contains the certificate of deposit number, the name of the owner/operator, the date the certificate of deposit was issued, and the following statement:

“Notwithstanding any contrary term or condition of the above described Certificate of Deposit, [INSERT NAME OF FINANCIAL INSTITUTION] (the “Financial Institution”) hereby covenants, warrants and represents that said Certificate of Deposit shall not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Financial Institution. The Financial Institution further agrees that it shall not release the Certificate of Deposit or the proceeds thereof to anyone other than to the Tennessee Department of Environment and Conservation (the “Department”) without the written consent of the Department.”

(b) Letters of credit used to meet the requirements of this rule must be issued by an institution which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.

(5) Notice of noncompliance If the requirements with respect to proper plugging upon abandonment and submission of all required records and data on a test hole or test holes have not been met within the time limit set by the Department, the Supervisor shall cause a Notice of Noncompliance to be served upon the operator or owner and to the surety, if any, executing the bond filed by said operator or owner. Said Notice shall be mailed by certified mail to the owner or operator's address as set out in the application for a permit, to the agent for the surety, if any, at the agent’s address, if known, and to the surety company, if any, at the address provided to the Tennessee Department of Commerce and Insurance for receipt of notices. The Notice shall specify in what respects the operator or owner has failed to comply with this rule or orders of the Department and shall order said operator or owner to comply in accordance therewith within sixty (60) days after service of said Notice. The surety, if any, shall be afforded the opportunity to act on behalf of the operator or owner within the time set forth in the Notice with regard to the proper plugging of the test hole or test holes and submission of required drilling records.

(6) Forfeiture Should the operator or owner, or surety, fail to comply fully with the order of the Notice of Noncompliance within the sixty (60) day requirement, then the bond shall be forfeited to the Department. Where possible, the Department, at its election, may use the monies so forfeited to plug the affected test hole or test holes.

(7) Cancelation of Bond (a) An owner or operator must provide that their financial assurance mechanism may not cancel, terminate or fail to renew except for failure to pay for such financial instrument.

If there is a failure to pay for the financial instrument, the issuing institution may elect to cancel, terminate, or fail to renew the instrument by sending notice by certified mail to the owner or operator and the Department. The cancellation must not be final for one hundred eighty (180) days after the Department’s and owner or operator’s receipt of cancellation notice. The owner or operator must provide an alternate financial responsibility mechanism within ninety (90) days of receipt of notice of cancellation.

(b) If the owner or operator fails to provide alternate financial assurance and obtain written approval of such assurance from the Department during the ninety (90) days following receipt by both the owner or operator and the Department of a notice of cancellation of this bond, the Supervisor shall collect the full amount of the financial assurance instrument from the financial institution and deposit this amount in a fund within the state treasury reserved for financial assurance cash bonds. If the owner or operator subsequently replaces the financial instrument with an alternate third-party financial instrument and obtains the Supervisor’s written approval of such instrument, the amount held as a cash bond will be returned to the owner or operator.

History

Authority: T.C.A. §§ 4-5-201 et seq. and 60-1-501 et seq.
Administrative History: Original rules filed January 4, 2017; effective April 4, 2017.

Tenn. Comp. R. & Regs. 0400-43-01-.03 PERMITS

(1) Permit required (a) A permit is required from the Supervisor before any person drills a test hole as described in the Act.

(b) No activity related to a test hole may be commenced pursuant to this rule before a permit for such activity has been issued by the Supervisor. Furthermore, any activity related to a test hole that a person may do, or may have done, will be at the person’s own risk.

(c) Permits shall not in any way be construed as a certification by the state of Tennessee that any property interest in the premises covered by a permit is vested in the permittee; they are issued solely under the provisions of the Act for the purposes recited in the Act and this chapter.

(d)

Any permit issued on or after the effective date of this rule shall expire two (2) years from the date the permit is issued.
Except as provided in paragraph (6) of Rule 0400-43-01-.05, a Plug and Abandon Report, or a certification that a test hole was not drilled, must be submitted to the Department for each test hole covered by a permit no later than sixty (60) days after the expiration date of the permit, unless a new permit for the test hole is issued by the Supervisor.

(2) Drilling permits (a) Single test hole permit applications for a permit to drill a test hole shall be made on the Application for Permit to Drill and submitted to the Department for approval by the Supervisor. The application shall be accompanied by:

A map indicating the location of the test hole proposed in the application;
An application fee of one hundred dollars ($100); and 3. A comprehensive Bond Identification Form.

The application shall also include the name and address of the drilling contractor, if any. If the contractor is unknown at the time of application, then the information must be provided by letter to the Supervisor as soon as determined but prior to beginning drilling operations.

(b) Applications for a blanket permit must be submitted to the Supervisor for approval and shall include all of the information required by subparagraph (a) of this paragraph, including a map that indicates the location of all test holes proposed. A blanket permit may cover up to a maximum of twenty-five (25) holes.

History

Authority: T.C.A. §§ 4-5-201 et seq. and 60-1-501 et seq.
Administrative History: Original rules filed January 4, 2017; effective April 4, 2017.

Tenn. Comp. R. & Regs. 0400-43-01-.04 HOLE LOCATION MAPS

Test hole locations shall be plotted on the appropriate topographic map or maps. A copy of that portion of the map showing the test hole location is acceptable provided the topographic map name and/or number is shown on the copy; each proposed hole shall have a discrete identifier. If required by the Supervisor, a plat must accompany the application for a permit.

History

Authority: T.C.A. §§ 4-5-201 et seq. and 60-1-501 et seq.
Administrative History: Original rules filed January 4, 2017; effective April 4, 2017.

Tenn. Comp. R. & Regs. 0400-43-01-.05 HOLE ABANDONMENT

(1) Plugging Holes All test holes which are to be abandoned shall be plugged in accordance with the procedures outlined herein.

(2) Plugging procedure for Middle Tennessee (a) In all areas where exploration may encounter gas, set NX casing (3½” OD) at least six (6) feet into bedrock. Procedure: fill test hole with cement, drive in casing, let set up and then drill out cement. Drill hole with gate valve at surface in order to control the test hole if gas is encountered.

(b) Based on industry experience, the following method has been found to be most satisfactory for protecting fresh water zones:

Place an effective plug at top of Knox formation and one (1) bag cement across unconformity = + 40’ plug.
Come up test hole to a depth of approximately two hundred (200) feet below lowest adjacent surface terrain. Place effective plugs every sixty (60) feet followed by cement all the way to surface.

(3) Plugging procedure for the Cumberland Plateau Shallow test holes less than four hundred (400) feet deep or less than one thousand (1,000) feet from the outcrop not encountering underground water shall be plugged by filling or covering the test hole adequately with surface material as a safety precaution. Test holes more than four hundred (400) feet deep or more than one thousand (1,000) feet from the outcrop shall set effective plugs twenty-five (25) feet below each coal seam encountered and fill the test hole with cement to twenty-five (25) feet above the coal seam. Sufficient plugs must be efficiently placed in number and properly located as to prevent commingling of oil, gas, salt water, and fresh water from one zone to another.

(4) Plugging procedure for East Tennessee Use six (6) to nine (9) bags of cement poured into the bottom of a test hole and extending upward at the rate of sixty (60) feet per bag of cement up to the chert matrix layer. This will bring the cemented test hole above any potential contaminated water in the East Tennessee District. Then one (1) bag of cement will be used to case the top of the test hole.

(5) Alternative plugging procedures for all areas The entire test hole bore may be filled with suitable grout or cement from the bottom of the test hole to the ground surface or by other methods approved, in writing, by the Supervisor on a case by case basis.

(6) Plug and Abandon Report A Plug and Abandon Report reporting all activity associated with the test hole performed under the permit must be filed with the Department for approval by the Supervisor within thirty (30) days after completing the activity unless permission has been obtained by the Supervisor to keep a test hole open.

History

Authority: T.C.A. §§ 4-5-201 et seq. and 60-1-501 et seq.
Administrative History: Original rules filed January 4, 2017; effective April 4, 2017.

Tenn. Comp. R. & Regs. 0400-43-01-.06 RULES OF PROCEDURE FOR HEARING CONTESTED CASES

For Rules of Procedure for Hearing Contested Cases see Rules of the Secretary of State, Chapter 1360- 04-01.

History

Authority: T.C.A. §§ 4-5-201 et seq. and 60-1-501 et seq.
Administrative History: Original rules filed January 4, 2017; effective April 4, 2017.

0400-45 Water Resources (Water Supply)

Chapter 0400-45-01 Public Water Systems (Transferred from 1200-05-01 which was repealed)

Tenn. Comp. R. & Regs. 0400-45-01-.01 AUTHORITY

(1) These rules and regulations are issued under the authority of the Tennessee Safe Drinking Water Act of 1983, T.C.A. §§ 68-221-701 et seq.

(2) The Division of Water Resources is responsible for the supervision of public water systems.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01. Amendments filed November 19, 2018; effective February 17, 2019.

Tenn. Comp. R. & Regs. 0400-45-01-.02 PURPOSE

(1) The purpose of these rules and regulations is to provide guidelines for the interpretation of T.C.A. §§ 68-221-701 et seq. and to set out the procedures to be followed by the Department in carrying out the Department’s primary enforcement responsibility under the Federal Safe Drinking Water Act. These rules and regulations set out the requirements which agents, employees or representatives of public water systems must meet in the following areas: in the preparation and submission of plan documents for public water systems; in the supervision of all phases of construction; in supplying safe drinking water meeting all applicable maximum contaminant levels or treatment technique requirements; in providing adequate operation and maintenance of the system; and in complying with procedural requirements for appealing orders issued by the Commissioner of the Tennessee Department of Environment and Conservation against a public water system.

(2) Where the terms “shall” and “must” are used, practice and usage is sufficiently standardized to indicate a mandatory requirement, insofar as any complaint action by the Department is concerned. Other items, such as should, recommend, preferred, and the like, indicate desirable procedures or methods.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.03 SCOPE

These rules will apply to all public water supply systems that provide water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. A public water supply system is either a community water system or a noncommunity water system. A community water system is a public water supply system which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents. A non-community water system is a public water supply system that is not a community water system and which generally serves a transient population such as hotels, motels, restaurants, camps, service stations churches, industry, etc. A Non-Transient Non-Community Water System is a non-community water system that regularly serves at least 25 of the same persons over six (6) months per year. These rules do not apply to public water systems which meet all of the following criteria:

(1) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(2) Obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;

(3) Does not sell water to any person; and (4) Is not a carrier which conveys passengers in interstate commerce.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.04 ) must operate with enhanced coagulation or enhanced softening to achieve the TOC percent removal levels specified in subparagraph (b) of this paragraph unless the system meets at least one of the alternative compliance criteria listed in part 2. or 3. of this subparagraph.

Alternative compliance criteria for enhanced coagulation and enhanced softening systems. Subpart H systems using conventional filtration treatment may use the alternative compliance criteria in subparts (i) through (vi) of this part to comply with this subparagraph in lieu of complying with subparagraph (b) of this paragraph. Systems must still comply with monitoring requirements in subparagraph (6)(d) of this rule.

(i) The system’s source water TOC level, measured according to part (5)(d)3. of this rule, is less than 2.0 mg/L, calculated quarterly as a running annual average.

(ii) The system’s treated water TOC level, measured according to part (5)(d)3. of this rule, is less than 2.0 mg/L, calculated quarterly as a running annual average.

(iii) The system’s source water TOC level, measured according to part (5)(d)3. of this rule, is less than 4.0 mg/L, calculated quarterly as a running annual average; the source water alkalinity, measured according to part (5)(d)1. of this rule, is greater than 60 mg/L (as CaCO ), calculated quarterly as a running annual average; and either the TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively; or prior to the effective date for compliance in paragraph (2) of this rule, the system has made a clear and irrevocable financial commitment not later than the effective date for compliance in paragraph (2) of this rule to use of technologies that will limit the levels of TTHMs and HAA5 to no more than 0.040 mg/L and 0.030 mg/L, respectively. Systems must submit evidence of a clear and irrevocable financial commitment, in addition to a schedule containing milestones and periodic progress reports for installation and operation of appropriate technologies, to the Department for approval not later than the effective date for compliance in paragraph (2) of this rule.

These technologies must be installed and operating not later than June 16, 2005. Failure to install and operate these technologies by the date in the approved schedule will constitute a violation of National Primary Drinking Water Regulations.

(iv) The TTHM and HAA5 running annual averages are no greater than 0.040 mg/L and 0.030 mg/L, respectively, and the system uses only chlorine for primary disinfection and maintenance of a residual in the distribution system.

(v) The system’s source water SUVA, prior to any treatment and measured monthly according to part (5)(d)4. of this rule, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.

(vi) The system’s finished water SUVA, measured monthly according to part (5)(d)4. of this rule, is less than or equal to 2.0 L/mg-m, calculated quarterly as a running annual average.

Additional alternative compliance criteria for softening systems. Systems practicing enhanced softening that cannot achieve the TOC removals required by

part (9)(b)2. of this rule may use the alternative compliance criteria in subparts (9)(a)3.(i) and (ii) of this rule in lieu of complying with subparagraph (9)(b) of this

rule. Systems must still comply with monitoring requirements in subparagraph (6)(d) of this rule.

(i) Softening that results in lowering the treated water alkalinity to less than 60 mg/L (as CaCO ), measured monthly according to part (5)(d)1. of this rule, and calculated quarterly as a running annual average.

Softening that results in removing at least 10 mg/L of magnesium hardness (as CaCO3), measured monthly according to part (5)(d)6. of this rule and calculated quarterly as a running annual average.

(b) Enhanced coagulation and enhanced softening performance requirements.

Systems must achieve the percent reduction of TOC specified in part (9)(b)2. of this rule between the source water and the combined filter effluent, unless the Department approves a system’s request for alternate minimum TOC removal (Step 2) requirements under part (9)(b)3. of this rule.
Required Step 1 TOC reductions, indicated in the following table, are based upon specified source water parameters measured in accordance with subparagraph (5)(d) of this rule. Systems practicing softening are required to meet the Step 1 TOC reductions in the far-right column (Source water alkalinity >120 mg/L) for the specified source water TOC:

Step 1 Required Removal of TOC in Percent Removal by Enhanced Coagulation and Enhanced Softening for Subpart H Systems Using Conventional Treatment 1,2 Source Water TOC, mg/L Source Water Alkalinity,mg/L as CaCO 0-60 >60-120 2.0-4.0 35.0% 25.0% 15.0% 4.0-8.0 45.0% 35.0% 25.0% 8.0 50.0% 40.0% 30.0% Systems meeting at least one of the conditions in subparts (9)(a)2.(i) through (vi) of this rule are not required to operate with enhanced coagulation.

Softening systems meeting one of the alternative compliance criteria in part (9)(a)3. of this rule are not required to operate with enhanced softening.

Systems practicing softening must meet the TOC removal requirements in this column.

Subpart H conventional treatment systems that cannot achieve the Step 1 TOC removals required by part (9)(b)2. of this rule due to water quality parameters or operational constraints must apply to the Department, within three months of failure to achieve the TOC removals required by part 2. of this subparagraph, for approval of alternative minimum TOC (Step 2) removal requirements submitted by the system. If the Department approves the alternative minimum TOC removal (Step 2) requirements, the Department may make those requirements retroactive for the purposes of determining compliance. Until the Department approves the alternate minimum TOC removal (Step 2) requirements, the system must meet the Step 1 TOC removals contained in part 2. of this subparagraph.
Alternate minimum TOC removal (Step 2) requirements. Applications made to the Department by enhanced coagulation systems for approval of alternative minimum TOC removal (Step 2) requirements under part (9)(b)3. of this rule must include, as a minimum, results of bench- or pilot-scale testing conducted under subpart (9)(b)4.(i) of this rule and used to determine the alternate enhanced coagulation level. The submitted bench or pilot scale testing must be used to determine the alternate enhanced coagulation level.

(i) Alternate enhanced coagulation level is defined as coagulation at a coagulant dose and pH as determined by the method described in subpart (9)(b)4.(i) through (v) of this rule such that an incremental addition of 10 mg/L of alum (as aluminum) (or equivalent amount of ferric salt) results in a TOC removal of 0.3 mg/L. The percent removal of TOC at this point on the “TOC removal versus coagulant dose” curve is then defined as the minimum TOC removal required for the system. Once approved by the Department, this minimum requirement supersedes the minimum TOC removal required by the table in part 2. of this subparagraph. This requirement will be effective until such time as the Department approves a new value based on the results of a new bench- and pilot-scale test.

Failure to achieve Department-set alternative minimum TOC removal levels is a violation of National Primary Drinking Water Regulations.

(ii) Bench- or pilot-scale testing of enhanced coagulation must be conducted by using representative water samples and adding 10 mg/L increments of alum (as aluminum) (or equivalent amounts of ferric salt) until the pH is reduced to a level less than or equal to the enhanced coagulation Step 2 target pH shown in the following table:

Enhanced Coagulation Step 2 Target pH Alkalinity (mg/L as CaCO ) Target pH 0-60 5.5 >60-120 6.3 >120-240 7.0 >240 7.5 (iii) For waters with alkalinities of less than 60 mg/L for which addition of small amounts of alum or equivalent addition of iron coagulant drives the pH below 5.5 before significant TOC removal occurs, the system must add necessary chemicals to maintain the pH between 5.3 and 5.7 in samples until the TOC removal of 0.3 mg/L per 10 mg/L alum added (as aluminum)

(or equivalent addition of iron coagulant) is reached.

(iv) The system may operate at any coagulant dose or pH necessary (consistent with other NPDWRs) to achieve the minimum TOC percent removal approved under part (9)(b)3. of this rule.

(v) If the TOC removal is consistently less than 0.3 mg/L of TOC per 10 mg/L of incremental alum dose (as aluminum) at all dosages of alum (or equivalant addition of iron coagulant), the water is deemed to contain TOC not amenable to enhanced coagulation. The system may then apply to the Department for a waiver of enhanced coagulation requirements.

Subpart H systems other than those identified in part (9)(a)2. or 3. of this rule must comply with requirements contained in part (9)(b)2. or 3. of this rule.

Systems must calculate compliance quarterly, beginning after the system has collected 12 months of data, by determining an annual average using the following method:

(i) Determine actual monthly TOC percent removal, equal to:

(1- (treated water TOC/source water TOC)) x 100 (ii) Determine the required monthly TOC percent removal (from either the table in (b)2. of this paragraph or from part (9)(b)3. of this rule).

(iii) Divide the value in subpart (9)(c)1.(i) of this rule by the value in subpart (9)(c)1.(ii) of this rule.

(iv) Add together the results of subpart (9)(c)1.(iii) of this rule for the last 12 months and divide by 12.

(v) If the value calculated in subpart (9)(c)1.(iv) of this rule is less than 1.00, the system is not in compliance with the TOC percent removal requirements.

Systems may use the provisions in subparts (9)(c)2.(i) through (v) of this rule in lieu of the calculations in subparts (9)(c)1.(i) through (v) of this rule to determine compliance with TOC percent removal requirements.

(i) In any month that the system’s treated or source water TOC level, measured according to part (5)(d)3. of this rule, is less than 2.0 mg/L, the system may assign a monthly value of 1.0 (in lieu of the value calculated in

subpart (9)(c)1.(iii) of this rule) when calculating compliance under the provisions of part (9)(c)1. of this rule.

(ii) In any month that a system practicing softening removes at least 10 mg/L of magnesium hardness (as CaCO ), the system may assign a monthly value of 1.0 (in lieu of the value calculated in subpart (9)(c)1.(iii) of this

rule) when calculating compliance under the provisions of part (9)(c)1. of this rule.

(iii) In any month that the system’s source water SUVA, prior to any treatment and measured according to part (5)(d)4. of this rule, is less than or equal to 2.0 L/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in subpart (9)(c)1.(iii) of this rule) when calculating compliance under the provisions of part (9)(c)1. of this rule.

(iv) In any month that the system’s finished water SUVA, measured according to part (5)(d)4. of this rule, is less than or equal to 2.0 L/mg-m, the system may assign a monthly value of 1.0 (in lieu of the value calculated in subpart (9)(c)1.(iii) of this rule) when calculating compliance under the provisions of

part (9)(c)1. of this rule.

(v) In any month that a system practicing enhanced softening lowers alkalinity below 60 mg/L (as CaCO ), the system may assign a monthly value of 1.0 (in lieu of the value calculated in subpart (9)(c)1.(iii) of this rule) when calculating compliance under the provisions of part (9)(c)1. of this rule.

Subpart H systems using conventional treatment may also comply with the requirements of this paragraph by meeting the criteria in part (9)(a)2. or 3. of this

rule.

(d) Treatment technique requirements for DBP precursors. The Administrator identifies the following as treatment techniques to control the level of disinfection byproduct precursors in drinking water treatment and distribution systems: For Subpart H systems using conventional treatment, enhanced coagulation or enhanced softening.

(10) For purposes of determining enhanced coagulation notwithstanding the provisions of paragraph (9) of this rule the following procedure shall be in force for parent and consecutive systems:

(a) In addition to other prescribed monitoring, all parent (water wholesalers) and consecutive systems using surface water or ground water that has experienced noncompliance with the maximum contaminant levels or exceedances of operational evaluation levels for disinfection byproducts or other systems designated by the Department shall conduct quarterly monitoring for chlorine, pH, disinfection byproducts and other water quality indicators as necessary at or near the master meter having the highest annual arithmetic mean concentration for THMs or HAA5s with all systems reporting their test results to each other. Parent and consecutive systems shall coordinate sampling activities so that samples are collected on the same date or a date prescribed by the department. This paragraph does not apply to emergency or temporary connections.

(b) Based on paragraph (7) of Rule 0400-45-01-.38; upon determination of an exceedance of the maximum, contaminant level or operational evaluation level trend calculated by the method described in paragraph (7) of Rule 0400-45-01-.38 in the consecutive system the following measures shall be required:

If the parent system TTHM or HAA5 analytical results at or near the master meter are 60% or less of the maximum contaminant limit for THMs and HAA5, no action is required by the parent system. The consecutive system(s) must submit an operational evaluation report to the Department within 90 days of the end of the quarter the operational evaluation calculation is made.
If the parent system and/or consecutive system TTHM or HAA5 test results are greater than 60% of the maximum contaminant limit for THMs or HAA5s at the master meter, both the parent system and consecutive system(s) are required to jointly submit the required operational evaluation report including the steps to be implemented to eliminate future exceedances and a schedule for implementation for Department approval.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01. Amendments and new rules filed November 24, 2015; effective February 22, 2016.

Tenn. Comp. R. & Regs. 0400-45-01-.05 SUPERVISION OF DESIGN AND CONSTRUCTION

(1) Engineering - Plan documents for public water systems shall be submitted to the Department at least thirty (30) days prior to the date on which action by the Department is desired.

(2) Expiration of Approval - Approval of engineering reports, proposals, preliminary plans, survey and basis of design data shall be null and void after a period of one year from the date stamped on the documents, unless the general and detailed plan documents have been submitted to the Department. Approval of all other plan documents by the Department shall be null and void after a period of one year from the date stamped on the plan documents, unless the construction is either underway or completed.

(3) General Practice - All plan documents for public water system design and construction shall present all information in conformance with accepted engineering practices and the “Design Criteria for community Public Water Systems” as published by the Department.

(4) Revisions to Plan Documents - Any deviations from plan documents approved by the Department, which affect location, sanitary and/or mineral quality, capacity, hydraulic conditions, operating units, or the function of unit processes or distribution and storage, must be approved in writing before such changes are made. Any revisions must be made on the master work, i.e., the original tracings. Revised plan documents must be submitted in time to permit the review and approval of such revisions before any construction which will be affected by such revisions is begun.

(5) Copies of Plan Documents - Generally, only two copies of the engineering report and two sets of the preliminary plans shall be required by the Department for review and/or approval.

At least four complete sets of the detailed plan documents shall be required for final review.

Upon the granting by the Department of its approval for construction the documents shall be so stamped and two sets returned to the engineer’s office, one set forwarded to the appropriate Field Office for filing or use in field inspection of construction, and one set retained for the Department files. Upon completion of the project, one set of “As Built” plans and one copy of the executed contract documents shall be submitted to the Department and one set each to the owner. In addition, shop drawings, instruction manuals, etc., on all equipment furnished by the project shall be compiled into one or more documents and given to the owner.

(6) Supervision of Construction - One set of the plan document stamped “APPROVED FOR CONSTRUCTION” shall be available at the job sites at all times during construction. The engineer or a person qualified other than the contractor or his representative, and approved by the public water system shall provide continuous adequate inspection during construction to assure that all work is done in accordance with approved plan documents. The Department’s representative shall have access to the project at any time during construction.

If the Department’s representative observes work being done in a manner that does not conform to the approved plan documents, he shall have the authority, through the engineer’s representative, the water system’s agent or directly to the contractor, to order the cessation of all work affected by the nonconformity until such discrepancies are rectified.

(7) Engineer’s Seal - Plan documents for non-transient non-community and community public water systems shall be prepared by a person qualified under T.C.A. §§ 62-2-101 et seq. and shall have the necessary professional seal affixed as required by T.C.A. § 62-2-306.

(8) (a) Ownership and Operational Organization – No person shall operate a public water system without notifying the Division of Water Resources prior to placing the new system in operation. Any person operating a public water system other than an individual, a municipality, any agency or instrumentality of the United States, any facility owned and operated by the State of Tennessee, or any organization otherwise exempt by law must have a charter or appropriate authorization lawfully issued as set forth in one or more of the following:

Utility District Law of 1937 – T.C.A. §§ 7-82-101 et seq.

Tennessee Business Corporation Act – T.C.A. §§ 48-11-101 et seq.

Tennessee Nonprofit Corporation Act – T.C.A. §§ 48-51-101 et seq.

Regulation of Public Utilities by Commission – T.C.A. §§ 65-4-101 et seq.

Urban Type Public Facilities – T.C.A. §§ 5-16-101 et seq.

(b) All public water systems shall comply with all laws, rules and regulations, and policies of the Department. Construction modification and treatment processes must be approved in accordance with all federally designated best available technologies and Tennessee Laws. Every public water system shall, within thirty (30) days following any change in ownership or operation of the system, file a written report of such change in ownership or operation with the Department. Such report shall, at a minimum, contain the name, home address, business address, and home and business phone numbers of the person assuming ownership or operation of the system, and the date such change of ownership or operation became effective.

(c) All persons owning or operating a public water system shall keep the Department advised of their current address and must readily accept all mail sent to them by the Department. For purposes of this rule, registered or certified mail sent with proper postage to the registered owner or operator’s last known address shall be considered adequate notification regardless of whether is accepted or returned unclaimed.

(d) Because of the Department’s statutory duty to supervise the construction, operation, and maintenance of public water systems, and because written communication is a necessary aspect of such supervision, an owner or operator’s refusal to accept mail or failure to claim registered or certified mail is a violation of this Chapter and may result in enforcement action.

(9) Interconnection of Systems - Insofar as feasible, public water systems shall be connected with a municipal, county, regional or other existing approved water system capable of supplying the demand. Where such connection is not feasible, other approved sources may be considered. Each public water system shall be designed in such a manner as will facilitate the connection of the system at an appropriate time to an expanding municipal, county or regional system. Each public water system shall be designed to provide service to all service areas anticipated or projected by the owner.

(10) System Capacity - Whenever a public water system reaches eighty (80) per cent of the design capacity based on average day usage, the supplier of water shall immediately obtain the services of a competent engineer to prepare plan documents for expansion of said system.

(11) Turbidimeters - All community water systems using ground water formations under the direct influence of surface water, and serving more than 50 connections or 150 individuals, shall be required to install turbidity monitoring equipment with power cutoff ability and recording unit.

Those systems not included in the above may be required to install turbidity monitoring devices if the Department finds that the system cannot meet the microbiological standard, the turbidity can be seen without an instrument, or there is an outbreak of illness that may be water related. All filter plants serving community water systems shall be required to have continuous recording turbidimeters on the filter effluent line(s). Such instrumentation may be pen and ink, digital, computerized or other record keeping or recording devices approved by the Department. If pen and ink recorders are used they shall be limited to two pens and two filters and shall use a scale of 0 to 2.0 NTU unless specific alternatives are approved in writing by the Department.

(12) Monitoring of new sources - All new surface or ground water sources added to an existing water system or proposed for use by a new water system shall have the required biological and chemical water quality monitoring completed prior to being placed in service. The parameters to be monitored shall be those required for drinking water for the specific type of system involved.

(13) Delegation of Plans Review Authority - Under T.C.A § 68-221-706, any unit of local government may petition the Commissioner for certification to review and approve plans for water distribution facilities within its jurisdiction. The unit of local government must have adequate experience and expertise in water distribution and must adopt standards and impose requirements which are at least as stringent as the Department’s. The request for certification must be in writing and contain at least the following:

(a) The names of the individual(s) responsible for the review and approval together with his/her experience and education. This person(s) must be employed by the unit of local government and be a registered professional engineer in Tennessee.

(b) A copy of the standards, requirements and design criteria legally adopted and enforceable by the unit of local government.

(c) The type of projects the unit of local government wishes to receive certification to review. This may include but is not limited to water lines, distribution pumping stations and distribution storage tanks.

(d) Procedures for maintaining records of all projects reviewed and approved by the unit of local government.

(e) The wording to be used on the approval stamp.

(f) Plans review authority fee.

The Division of Water Resources will be responsible for reviewing the application for certification and shall have up to 60 days from the receipt of the complete application to make a written response. Units of local government will not be certified to review projects involving state or federal funds, raw water pump stations, new water sources, treatment facilities, sludge handling facilities, or any project designed by the staff of the local government. Any unit of local government which receives certification for plans review shall submit one copy of any plan documents it has approved to the Division of Water Resources. This shall be done within 10 days of the local government’s approval. The commissioner may periodically review the unit of local government’s plans review program and prescribe changes as deemed appropriate. The Division of Water Resources may execute a written agreement with a unit of local government which has received plans review certification. Failure to comply with the terms of the agreement may result in revocation of the plans review certification.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01. Amendments filed November 19, 2018; effective February 17, 2019.

Tenn. Comp. R. & Regs. 0400-45-01-.06 , using the formula in part (5)(b)2. of Rule 0400-45-01-.06. Doses must also be calculated and combined for measured levels of tritium and strontium to determine compliance.

Community water systems must monitor monthly at the sampling point(s) which exceed the maximum contaminant level in subparagraph (5)(c) of Rule 0400-45- 01-.06 beginning the month after the exceedance occurs. Systems must continue monthly monitoring until the system has established, by a rolling average of 3 monthly samples, that the MCL is being met. Community water systems who establish that the MCL is being met must return to quarterly monitoring until they meet the requirements set forth in subparagraph 1.(ii) or 2.(i) of this subparagraph.

The Department may require more frequent monitoring than specified in subparagraphs (a) and (b) of this paragraph, or may require confirmation samples at its discretion. The results of the initial and confirmation samples will be averaged for use in compliance determinations.
Each public water systems shall monitor at the time designated by the Department during each compliance period.
Compliance: Compliance the radionuclide MCLs will be determined based on the analytical result(s) obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL.

(i) For systems monitoring more than once per year, compliance with the MCL is determined by a running annual average at each sampling point. If the average of any sampling point is greater than the MCL, then the system is out of compliance with the MCL.

(ii) For systems monitoring more than once per year, if any sample result will cause the running average to exceed the MCL at any sample point, the system is out of compliance with the MCL immediately.

(iii) Systems must include all samples taken and analyzed under the provisions of this Rule in determining compliance, even if that number is greater than the minimum required.

(iv) If a system does not collect all required samples when compliance is based on a running annual average of quarterly samples, compliance will be based on the running average of the samples collected.

(v) If a sample result is less than the detection limit, zero will be used to calculate the annual average, unless a gross alpha particle activity is being used in lieu of radium-226 and/or uranium. If the gross alpha particle activity result is less than detection, 1/2 the detection limit will be used to calculate the annual average.

The Department has the discretion to delete results of obvious sampling or analytic errors.
If the MCL for radioactivity set forth in paragraph (5) of Rule 0400-45-01-.06 is exceeded, the operator of a community water system must give notice to the Department pursuant to Rule 0400-45-01-.20 and to the public as required by

Rule 0400-45-01-.19.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.07 until March 31, 2016 or under paragraph (3) of Rule 0400-45-01- .41 beginning April 1, 2016, and that the system intends to use for representative sampling under this paragraph.

Until March 31, 2016, a ground water system serving 1,000 people or fewer may use a repeat sample collected from a ground water source to meet both the requirements of paragraph (2) of Rule 0400-45-01-.07 and to satisfy the monitoring requirements of this subparagraph for that ground water source only if the Department approves the use of E. coli as a fecal indicator for source water monitoring under this paragraph. If the repeat sample collected from the ground water source is E. coli positive, the system must comply with subparagraph (c) of this paragraph. Beginning April 1, 2016, the use of ground water source sample as a repeat sample shall no longer be allowed to meet the requirements of paragraph (2) of Rule 0400-45-01-.07.

(c) If the Department does not require corrective action under part 2 of subparagraph (a) of paragraph (4) of this rule for fecal-indicator positive source water sample collected under subparagraph (b) of this paragraph that is not invalidated under subparagraph (h) of paragraph (3) this rule, the system must collect five additional source water samples from the same source within 24 hours of being notified of the fecal indicatorpositive sample.

(d) Consecutive and Wholesale Systems 1. In addition to the other requirements of this paragraph, a consecutive ground water system that has a total coliform-positive sample collected under paragraph (1) of Rule 0400-45-01-.07 until March 31, 2016, or under Rule 0400-45-01- .41(4) through 0400-45-01-.41(7) beginning April 1, 2016, must notify the wholesale system(s) within 24 hours of being notified of the total coliform-positive sample.

In addition to the other requirements of this paragraph, a wholesale ground water system must comply with subparts (i) and (ii) of this part.

(i) A wholesale ground water system that receives notice from a consecutive system it serves that a sample collected under paragraph (1) of Rule 0400- 45-01-07, until March 31, 2016, or under Rule 0400-45-01-.41(4) through 0400-45-01-.41(7) beginning April 1, 2016, is total coliform-positive must, within 24 hours of being notified, collect a sample from its ground water source(s) under subparagraph (b) of this paragraph and analyze it for a fecal indicator under subparagraph (g) of this paragraph.

(ii) If the sample collected under subpart (3)(d)2(i) of this rule is fecal indicatorpositive, the wholesale ground water system must notify all consecutive systems served by that ground water source of the fecal indicator source water positive within 24 hours of being notified of the ground water source sample monitoring result and must meet the requirements of subparagraph (c) of this paragraph.

(e) Exceptions to the Triggered Source Water Monitoring Requirements.

A ground water system is not required to comply with the source water monitoring requirements of this paragraph if either of the following conditions exists:

The Department determines, and documents in writing, that the total coliformpositive sample collected under paragraph (1) of Rule 0400-45-01-.07, until March 31, 2016, or under Rule 0400-45-01-.41(4) through 0400-45-01-.41(7) beginning April 1, 2016, is caused by a distribution system deficiency; or 2. The total coliform-positive sample collected under paragraph (1) of Rule 0400- 45-01-.07, until March 31, 2016, or under Rule 0400-45-01-.41(4) through 0400- 45-01-.41(7) beginning April 1, 2016, is collected at a location that meets Department criteria for distribution system conditions that will cause total coliform-positive samples and the system requests in writing that the Department make the determination as to whether the total coliform-positive sample was due to distribution system conditions that will cause total coliform-positive samples.

(f) Assessment Source Water Monitoring. If directed by the Department, ground water systems must conduct assessment source water monitoring that meets Departmentdetermined requirements for such monitoring. A ground water system conducting assessment source water monitoring may use a triggered source water sample collected under subparagraph (b) of this paragraph to meet the requirements of subparagraph (f) of this paragraph. Department-determined assessment source water monitoring requirements may include:

Collection of a total of 12 ground water source samples that represent each month the system provides ground water to the public, 2. Collection of samples from each well unless the system obtains written Department approval to conduct monitoring at one or more wells within the ground water system that are representative of multiple wells used by that system and that draw water from the same hydrogeologic setting, 3. Collection of standard sample volume of at least 100 ml for fecal indicator analysis regardless of fecal indicator or analytical method used, 4. Analysis of all ground water source samples using one of the analytical methods listed in part (10)(a)6. of Rule 0400-45-01-.14 for the presence of E. coli or enterococci, 5. Collection of ground water samples at a location prior to any treatment of the ground water source unless the Department approves a sampling location after treatment, and 6. Collection of ground water source samples at the well itself unless the system’s configuration does not allow for sampling at the well itself and the Department approves an alternate sampling location that is representative of the water quality of that well.

(g) Analytical and Sampling methods.

A ground water system subject to the source water monitoring requirements of this paragraph must collect a standard sample volume of at least 100 mL for fecal indicator analysis regardless of the fecal indicator or analytical method used.
The analytical method to be used is prescribed in part (10)(a)6. of Rule 0400-45- 01-.14.

(h) Invalidation of fecal indicator-positive ground water source sample. A ground water system may obtain Department invalidation of a fecal indicator-positive ground water source sample collected under this paragraph only under the conditions specified in parts 1. and 2. of this subparagraph.

The system provides the Department with written notice from the laboratory that improper sample analysis has occurred; or 2. The Department determines and documents in writing that there is substantial evidence that a fecal-indicator positive ground water source sample is not related to source water quality.

(i) If the Department invalidates a fecal indicator-positive ground water sample, the ground water system must collect another source water sample under this paragraph within 24 hours of being notified by the Department of its invalidation decision and have it analyzed for the same fecal indicator using the analytical methods in part (10)(a)6. of

Rule 0400-45-01-.14. The Department may extend the 24-hour time limit on a case-bycase basis if the system cannot collect the source water sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Department must specify how much time the system has to collect the sample.

(j) Sampling location. Any ground water source sample required under this paragraph must be collected at a location prior to any treatment of the ground water source unless the Department approves a sampling location after treatment.

If the system’s configuration does not allow sampling at the well itself, the system may collect a sample at a Department-approved location to meet the requirements of this paragraph if the sample is representative of the water quality of that well.

(k) New Sources. If directed by the Department, a ground water system that places a new ground water source into service after November 30, 2009, must conduct assessment source water monitoring under subparagraph (f) of this paragraph. If directed by the Department, the system must begin monitoring before the ground water source is used to provide water to the public.

(l) Public Notification. A ground water system with a ground water source sample collected under this paragraph that is fecal indicator-positive and that is not invalidated under subparagraph (h) of this paragraph, including consecutive systems served by the ground water source, must conduct public notification under paragraph (2) of Rule

Tenn. Comp. R. & Regs. 0400-45-01-.08 TURBIDITY SAMPLING AND ANALYTICAL REQUIREMENTS

(1) Ground water sampling – Samples shall be taken by suppliers of water that serve more than 50 connections or that have been directed to conduct monitoring under paragraph (11) of

Rule 0400-45-01-.05 for both community water systems and non–community water system at a representative entry point(s) to the water distribution system at least once per day for the

purpose of making turbidity measurements to determine compliance with paragraph (3) of

Rule 0400-45-01-.06. Public water systems using water from a source not under the direct influence of surface water are not required to monitor turbidity unless directed to do so under the provisions of paragraph (11) of Rule 0400-45-01-.05.

(2) Turbidity measurements of surface water and ground water under the direct influence that employs filtration - The minimum sampling requirements for systems using filtration treatment shall be as follows:

(a) Turbidity measurements must be performed on representative samples of the system’s filtered water every four hours, (or more frequently, as authorized by the rules) that the system serves water to the public. A public water system may substitute continuous turbidity monitoring for grab samples if approved in writing by the Department. For systems serving 500 or fewer persons per day, the Department may allow the sampling frequency to be reduced to once per day if it determines that less frequent monitoring is sufficient to indicate effective filtration performance. Systems filtering surface water and ground water under the direct influence of surface water shall comply with the treatment technique standards found in paragraph (4) of Rule 0400-45-01-.31.

(3) Ground water systems under the direct influence of surface water and do not filter and have qualified to avoid filtration - The minimum sampling requirements for ground water systems under the direct influence of surface water and not employing filtration shall be as follows:

(a) Turbidity measurements must be performed on representative grab samples of source water immediately prior to the first or only point of disinfectant application every four hours (or more frequently, as authorized by the rules) that the system serves water to the public. A public water system may substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis using a protocol approved by the Department. Turbidity must comply with the limits specified in part (2)(a)2. of Rule 0400-45-01-.31.

(4) Reporting (a) Ground water systems - All community water systems using a ground water source with turbidity removal facilities and not designated as ground water under the direct influence of surface water shall be required, if the results of a turbidity analysis indicate that the maximum allowable limit has been exceeded, to confirm by resampling as soon as practicable and preferably within one (1) hour. If the repeat sample confirms that the maximum allowable limit has been exceeded, the supplier of water shall report to the Department within forty-eight (48) hours. The repeat sample shall be the sample used for the purpose of calculating the monthly average. If the monthly average of the daily samples exceeds the maximum allowable limit, or if the average of two samples taken on consecutive days exceeds two (2) NTU, the supplier of water shall report to the Department and notify the public as directed in Rules 0400-45-01-.18 and 0400-45- 01-.19. All non-community water systems using ground water formations, other than approved sand and gravel formations, may be required to monitor turbidity if the Department finds a system cannot meet the microbiological standard, the turbidity limit is exceeded, or if other health related problems exist.

(b) Surface water systems and ground water systems under the direct influence of surface water - Turbidity measurements must be reported within 10 days after the end of each month the system serves water to the public. Information that must be reported includes but is not limited to:

The total number of filtered water turbidity measurements taken during the month.
The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the applicable limits specified in paragraph (4) of Rule 0400-45-01-.31.
The date and value of any turbidity measurements taken during the month which exceed 5 NTU.

(c) Ground water systems under the direct influence of surface water that have qualified to avoid filtration - Information that must be reported includes but is not limited to:

The maximum turbidity level measured during the month, the date(s) of occurrence for any measurement(s) which exceeded 5 NTU, and the date(s) the occurrence(s) was reported to the Department.
For the first 12 months of recordkeeping, the dates and cumulative number of events during which the turbidity exceeded 5 NTU, and after one year of recordkeeping for turbidity measurements, the dates and cumulative number of events during which the turbidity exceeded 5 NTU in the previous 12 months the system served water to the public.
For the first 120 months of recordkeeping, the dates and cumulative number of events during which the turbidity exceeded 5 NTU, and after 10 years of recordkeeping for turbidity measurements, the dates and cumulative number of events during which the turbidity exceeded 5 NTU in the previous 120 months the system served water to the public.

(d) Ground water systems under the direct influence of surface water that has been directed to install filtration but has not yet done so shall monitor as specified in subparagraph (a) of this paragraph.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.09 3. Asbestos (fibers >10 μm) 2 0400-45-01-.06(1)(b)3. 3 0400-45-01-.09 4. Barium 2 0400-45-01-.06(1)(b)5. 3 0400-45-01-.09 5. Beryllium 2 0400-45-01-.06(1)(b)4. 3 0400-45-01-.09 6. Cadmium 2 0400-45-01-.06(1)(b)6. 3 0400-45-01-.09 7. Chromium (total) 2 0400-45-01-.06(1)(b)7. 3 0400-45-01-.09 8. Cyanide 2 0400-45-01-.06(1)(b)8. 3 0400-45-01-.09 9. Fluoride 2 0400-45-01-.06(1)(b)9. 3 0400-45-01-.09 10. Mercury (inorganic) 2 0400-45-01-.06(1)(b)10. 3 0400-45-01-.09 11. Nickel 2 0400-45-01-.06(1)(b)11. 3 0400-45-01-.09 12. Nitrate 1 0400-45-01-.06(1)(b)12. 1,3 0400-45-01-.09 13. Nitrite 1 0400-45-01-.06(1)(b)13. 1,3 0400-45-01-.09 14. Total Nitrate and Nitrite 1 0400-45-01-.06(1)(b)14. 3 0400-45-01-.09 15. Selenium 2 0400-45-01-.06(1)(b)15. 3 0400-45-01-.09 16. Thallium 2 0400-45-01-.06(1)(b)16. 3 0400-45-01-.09 C. Lead and Copper Rule (Action Level for lead is 0.015 mg/L, for copper is 1.3 mg/L)

Lead and Copper Rule (TT) 2 0400-45-01-.33(1)-(6) 3 0400-45-01-.33 D. Synthetic Organic Chemicals (SOCs)
2,4-D 2 0400-45-01-.06(2)(a)6. 3 0400-45-01-.10 2. 2,4,5-TP (Silvex) 2 0400-45-01-.06(2)(a)14. 3 0400-45-01-.10 3. Alachlor 2 0400-45-01-.06(2)(a)1. 3 0400-45-01-.10 4. Atrazine 2 0400-45-01-.06(2)(a)2. 3 0400-45-01-.10 5. Benzo(a)pyrene (PAHs) 2 0400-45-01-.06(2)(a)16. 3 0400-45-01-.10 6. Carbofuran 2 0400-45-01-.06(2)(a)3. 3 0400-45-01-.10 7. Chlordane 2 0400-45-01-.06(2)(a)4. 3 0400-45-01-.10 8. Dalapon 2 0400-45-01-.06(2)(a)17. 3 0400-45-01-.10 9. Di (2-ethylhexyl) adipate 2 0400-45-01-.06(2)(a)18. 3 0400-45-01-.10 10. Di (2-ethylhexyl) phthalate 2 0400-45-01-.06(2)(a)19. 3 0400-45-01-.10 11. Dibromochloropropane 2 0400-45-01-.06(2)(a)5. 3 0400-45-01-.10 12. Dinoseb 2 0400-45-01-.06(2)(a)20. 3 0400-45-01-.10 13. Dioxin (2,3,7,8-TCDD) 2 0400-45-01-.06(2)(a)29. 3 0400-45-01-.10 14. Diquat 2 0400-45-01-.06(2)(a)21. 3 0400-45-01-.10 15. Endothall 2 0400-45-01-.06(2)(a)22. 3 0400-45-01-.10 16. Endrin 2 0400-45-01-.06(2)(a)30. 3 0400-45-01-.10 17. Ethylene Dibromide 2 0400-45-01-.06(2)(a)7. 3 0400-45-01-.10 18.Glyphospate 2 0400-45-01-.06(2)(a)23. 3 0400-45-01-.10 19. Heptachlor 2 0400-45-01-.06(2)(a)8. 3 0400-45-01-.10 20. Heptachlor epoxide 2 0400-45-01-.06(2)(a)9. 3 0400-45-01-.10 21. Hexachlorobenzene 2 0400-05-01-.06(2)(a)24. 3 0400-45-01-.10 22. Hexachlorocyclo-pentadiene 2 0400-45-01-.06(2)(a)25. 3 0400-45-01-.10 23. Lindane 2 0400-45-01-.06(2)(a)10. 3 0400-45-01-.10 24. Methoxchlor 2 0400-05-01-.06(2)(a)11. 3 0400-45-01-.10 25. Oxamyl (Vydate) 2 0400-45-01-.06(2)(a)26. 3 0400-45-01-.10 26. Pentachlorophenol 2 0400-45-01-.06(2)(a)15. 3 0400-45-01-.10 27. Picloram 2 0400-45-01-.06(2)(a)27. 3 0400-45-01-.10 28. Polychlorinated biphenyls (PCBs) 2 0400-45-01-.06(2)(a)12. 3 0400-45-01-.10 29. Simazine 2 0400-45-01-.06(2)(a)28. 3 0400-45-01-.10 30. Toxaphene 2 0400-45-01-.06(2)(a)13. 3 0400-45-01-.10 E. Volatile Organic Chemicals (VOCs)
Benzene 2 0400-45-01-.25(2)(e) 3 0400-45-01-.26 2. Carbon tetrachloride 2 0400-45-01-.25(2)(b) 3 0400-45-01-.26 3. Chlorobenzene (monochlorbenzene) 2 0400-45-01-.25(2)(l) 3 0400-45-01-.26 4. o-Dichlorobenzene 2 0400-45-01-.25(2)(m) 3 0400-45-01-.26 5. p-Dichlorobenzene 2 0400-45-01-.25(2)(h) 3 0400-45-01-.26 6. 1,2-Dichloroethane 2 0400-45-01-.25(2)(d) 3 0400-45-01-.26 7. 1,1-Dichloroethylene 2 0400-45-01-.25(2)(f) 3 0400-45-01-.26 8. cis-1,2-Dichloroethylene 2 0400-45-01-.25(2)(i) 3 0400-45-01-.26 9. trans-1,2-Dichloroethylene 2 0400-45-01-.25(2)(q) 3 0400-45-01-.26 10. Dichloromethane 2 0400-45-01-.25(2)(s) 3 0400-45-01-.26 11. 1,2-Dichloropropane 2 0400-45-01-.25(2)(j) 3 0400-45-01-.26 12. Ethylbenzene 2 0400-45-01-.25(2)(k) 3 0400-45-01-.26 13. Styrene 2 0400-45-01-.25(2)(n) 3 0400-45-01-.26 14. Tetrachloroethylene 2 0400-45-01-.25(2)(o) 3 0400-45-01-.26 15. Toluene 2 0400-45-01-.25(2)(p) 3 0400-45-01-.26 16. 1,2,4-Trichlorobenzene 2 0400-45-01-.25(2)(t) 3 0400-45-01-.26 17. 1,1,1-Trichloroethane 2 0400-45-01-.25(2)(g) 3 0400-45-01-.26 18. 1,1,2-Trichloroethane 2 0400-45-01-.25(2)(u) 3 0400-45-01-.26 19. Trichloroethylene 2 0400-45-01-.25(2)(a) 3 0400-45-01-.26 20. Vinyl chloride 2 0400-45-01-.25(2)(c) 3 0400-45-01-.26 21. Xylenes (total) 2 0400-45-01-.25(2)(r) 3 0400-45-01-.26 F. Radioactive Contaminants 1. Beta/photon emitters 2 0400-45-01-.06(5)(b) 3 0400-45-01-.11 2. Alpha emitters 2 0400-45-01-.06(5)(a) 3 0400-45-01-.11 3. Combined radium (226 & 228) 2 0400-45-01-.06(5)(a)2. 3 0400-45-01-.11 4. Uranium 2 0400-45-01-.06(5)(c) 10- 3 0400-45-01-.11 G. Disinfection Byproducts (DBPs), Byproduct Precursors, Disinfectant Residuals. Where Disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter pr esent in water to form chemicals called disinfection byproducts (DBPs).

EPA sets standards for controlling the levels of disinfectants and DBPs in drinking water including trihalomethanes (THMs) and haloacetic acids (HAAs).

Total trihalomethanes (TTHMs) 2 0400-45-01-.06(6)(b) 3 0400-45-01-.36, .37, and 38 2. Haloacetic Acids (HAA5) 2 0400-45-01-.06(6)(b) 3 0400-45-01-.36, .37 and .38 3. Bromate 2 0400-45-01-.06(6)(a) 3 0400-45-01-.36 4. Chlorite 2 0400-45-01-.06(6)(a) 3 0400-45-01-.36 5. Chlorine (MRDL) 2 0400-45-01-.06(6)(c) 3 0400-45-01-.36 6. Chloramine (MRDL) 2 0400-45-01-.06(6)(c) 3 0400-45-01-.36 7. Chlorine dioxide (MRDL), where any 2 consecutive daily samples at entrance to distribution system only are above MRDL 2 0400-45-01- .36(7)(c)2.(ii) , 3 0400-45-01-.36 8. Chlorine dioxide (MRDL), where sample(s) in distribution system the next day are also above MRDL 1 0400-45-01-.36(7)(c)2.(i) 1 0400-45-01-.36 9. Control of DBP precursors—TOC (TT) 2 0400-45-01-.36(7)(d) 3 0400-45-01-.36 10. Bench marking and disinfection profiling N/A N/A 3 0400-45-01-.36 11. Development of monitoring plan N/A N/A 3 0400-45-01-.36 H. Other Treatment Techniques 1. Acrylamide (TT) 2 0400-45-01-.17(31) N/A N/A 2. Epichlorohydrin (TT) 2 0400-45-01-.17(31) N/A N/A II. Unregulated Contaminant Monitoring:

A. Unregulated contaminants N/A N/A 3 B. Nickel 2 0400-45-01-.06(1)(b)11. 3 0400-45-01-.09 III. Public Notification for Variances and Exemptions:

A. Operation under a variance or exemption 3 0400-45-01-.19(1) N/A N/A B. Violation of conditions of a variance or exemption 2 0400-45-01-.19(1) N/A N/A IV. Other Situations Requiring Public Notification:

A. Fluoride secondary maximum contaminant Level (SMCL) exceedance 3 0400-45-01- .19(1)(a)3.(iii)

N/A N/A

B. Exceedance of nitrate MCL for noncommunity systems, as allowed by department 1 0400-45-01- .19(1)(a)3.(ii)

N/A N/A

C. Availability of unregulated contaminant monitoring data 3 0400-45-01-.19(7) N/A N/A D. Waterborne disease outbreak 1 0400-45-01-.31(2)(c)2. N/A N/A E. Other waterborne emergency 1 N/A N/A N/A F. Other situations as determined by the department 1, 2, 3 N/A N/A N/A G. Source Water Sample Positive for GWR Fecal indicators: E. coli or enterococci 0400-45-01-.40(3)(l) N/A N/A

Appendix A – Endnotes † Until March 31, 2016 ‡ Beginning April 1, 2016 1. Violations and other situations not listed in this table (e.g., failure to prepare Consumer Confidence Reports), do not require notice, unless otherwise determined by the department. The department may, at its option, also require a more stringent public notice tier (e.g., Tier 1 instead of Tier 2 or Tier 2 instead of Tier 3) for specific violations and situations listed in this Appendix, as authorized under subparagraphs (2)(a) and (3)(a) of Rule 0400-45-01-.19.

MCL – Maximum contaminant level, MRDL – Maximum residual disinfectant level, TT-Treatment technique.
The term Violations of National Primary Drinking Water Regulations (NPDWR) is used here to include violations of MCL, MRDL, treatment technique, monitoring, and testing procedure requirements.
Failure to test for fecal coliform or E.coli is a Tier 1 violation if testing is not done after any repeat sample tests positive for coliform. All other total coliform monitoring and testing procedure violations are Tier 3.
Systems that violate the turbidity MCL of 2 NTU based on an average of measurements over two consecutive days must consult with the department within 24 hours after learning of the violation. Based on this consultation, the department may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to Tier 1.
Systems with treatment technique violations involving a single exceedance of a maximum turbidity limit under the Surface Water Treatment Rule, Interim Enhanced Surface Water Treatment Rule, or the Long Term 1 Enhanced Surface Water Treatment Rule (0400-45-01-.31) are required to consult with the Department within 24 hours after learning of the violation.

Based on this consultation, the department may subsequently decide to elevate the violation to Tier 1. If a system is unable to make contact with the department in the 24-hour period, the violation is automatically elevated to Tier 1.

Most of the requirements of the Interim Enhanced Surface Water Treatment Rule 0400-45-01-.31 become effective January 1, 2002 for Subpart H systems (surface water systems and groundwater systems under the direct influence of surface water) serving at least 10,000 persons. The Surface Water Treatment Rule remains in effect for systems serving at least 10,000 persons even after 2002; the Interim Enhanced Surface Water Treatment Rule adds additional requirements and does not in many cases supersede the SWTR.
The arsenic MCL citations are effective January 23, 2006, or the effective date of this rule whichever comes first.
The uranium MCL tier 2 violation citations are effective December 8, 2003 for all community water systems.
The uranium tier 3 violations are effective December 8, 2003, for all community water systems.
The arsenic Tier 3 MCL violations are effective January 23, 2006 or the effective date of this rule whichever comes first.
Failure to take a confirmation sample within 24 hours for nitrate or nitrite after an initial sample exceeds the MCL is a Tier 1 violation. Other monitoring violations for nitrate are Tier 3.
Subpart H community and non-transient non-community systems serving ≥10,000 must comply with new DBP MCLs, disinfectant MRDLs, and related monitoring requirements beginning January 1, 2002. All other community and non-transient non-community systems must meet the MCLs and MRDLs beginning January 1, 2004. Subpart H transient non-community systems serving 10,000 or more persons and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2002. Subpart H transient non-community systems serving fewer than 10,000 persons and using only groundwater not under the direct influence of surface water and using chlorine dioxide as a disinfectant or oxidant must comply with the chlorine dioxide MRDL beginning January 1, 2004.
Paragraph (6) of Rule 0400-45-01-.06 and subparagraphs (5)(a) and (b) of Rule 0400-45-01-.36 apply until paragraphs (1) through (11) of Rule 0400-45-01-.38 take effect under the schedule in subparagraph (1)(c) of Rule 0400-45-01-.38.
Failure to monitor for chlorine dioxide at the entrance to the distribution system the day after exceeding the MRDL at the entrance to the distribution system is a Tier 2 violation.
If any daily sample taken at the entrance to the distribution system exceeds the MRDL for chlorine dioxide and one or more samples taken in the distribution system the next day exceed the MRDL, Tier 1 notification is required. Failure to take the required samples in the distribution system after the MRDL is exceeded at the entry point also triggers Tier 1 notification.
Some water systems must monitor for certain unregulated contaminants.
This citation refers to §§1415 and 1416 of the Safe Drinking Water Act. §§1415 and 1416 require that “a schedule prescribed... for a public water system granted a variance [or exemption] shall require compliance by the system...”
In addition to §§1415 and 1416 of the Safe Drinking Water Act, 40 CFR 142.307 specifies the items and schedule milestones that must be included in a variance for small systems.
Other waterborne emergencies require a Tier 1 public notice under subparagraph (2)(a) of Rule 0400-45-01-.19 for situations that do not meet the definition of a waterborne disease outbreak given in Rule 0400-45-01-.04 but that still have the potential to have serious adverse effects on health as a result of short-term exposure. These could include outbreaks not related to treatment deficiencies, as well as situations that have the potential to cause outbreaks, such as failures or significant interruption in water treatment processes, natural disasters that disrupt the water supply or distribution system, chemical spills, or unexpected loading of possible pathogens onto the source water.
The department may place other situations in any tier it believes appropriate, based on threat to public health. .

Failure to collect three or more samples for cryptosporidium analysis is a Tier 2 violation requiring special notice as specified in paragraph (11) of Rule 0400-45-01-.19. All other monitoring and testing procedure violations are Tier 3.

APPENDIX B TO Rule 0400-45-01-.19 STANDARD HEALTH EFFECTS LANGUAGE FOR PUBLIC NOTIFICATION Contaminant MCLG mg/l MCL mg/l Standard health effects language for public notification National Primary Drinking Water Regulations (NPDWR):

A. Microbiological Contaminants 1a. Total coliform Zero See foot note Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems.

1b. Fecal coliform/E. coli † Zero Zero Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause shortterm effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

1c. Fecal indicators (GWR)

i. E. coli ii. Enterococci Zero None TT TT Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause short-term health effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

1d. Ground Water Rule (GWR)

TT violations 1e. Revised Total Coliform Rule:

Coliform Assessment and/or Corrective Action Violations ‡ None N/A 1 NTU /2 NTU TT Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, dia rrhea and associated headaches.

Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and correct any problems that are found.

[THE SYSTEM MUST USE THE FOLLOWING

APPLICABLE SENTENCES.]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment(s).

1f. Revised Total Coliform Rule:

E. coli Assessment and/or Corrective Action Violations ‡ N/A TT E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes.

Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found.

[THE SYSTEM MUST USE THE FOLLOWING

APPLICABLE SENTENCES.]

We failed to conduct the required assessment.

We failed to correct all identified sanitary defects that were found during the assessment that we conducted.

1g. E. coli ‡ Zero In E. coli are bacteria whose presence indicates that the compliance unless one of the following conditions occurs:

(1) The system has an E. coli positive repeat sample following a total coliformpositive routine sample.

(2) The system has a total coliformpositive repeat sample following an E. colipositive routine sample.

(3) The system fails to take all required repeat samples following an E. colipositive routine sample.

(4) The system fails to test for E. coli when any repeat sample tests positive for total coliform. water may be contaminated with human or animal wastes.

Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems.

1h. Revised Total Coliform Rule Seasonal System TT Violations ‡.

N/A TT W hen this violation includes the failure to monitor for total coliforms or E. coli prior to serving water to the public, the mandatory language found at Rule 0400-45-01-.19(5)(d)2 must be used.

W hen this violation includes the failure to complete other actions, the appropriate elements found in Rule 0400-45- 01-.19(5)(a) must be used.

B. Surface Water Treatment Rule (SWTR) Long Term 1 (LT1ESWTR) and Interim Enhanced Surface Water Treatment Rule (IESWTR) violations:

Giardia lamblia (SWTR/ IESWTR/LT1ESWTR)

Zero TT Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.

Viruses (SWTR/IESWTR/ LT1ESWTR).

Same as B.3.

Heterotrophic plate count (HPC) bacteria Same as B.3.

(SWTR/(IESWTR/LT1ESWTR).

Legionella (SWTR/IESWTR/LT1ESWTR).

Same as B.3.

Cryptosporidium (IESWTR/LT1ESWTR)

Same as B.3.

C. Inorganic Chemicals 8. Antimony 0.006 0.006 Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

Arsenic 0 0.01 Some people who drink water containing arsenic in excess of the MCL over many years could experiences skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.
Asbestos (10 μm) 7 MFL 7 MFL Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.
Barium 2 2 Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.
Beryllium 0.004 0.004 Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.
Cadmium 0.005 0.005 Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.
Chromium (total) 0.1 0.1 Some people who drink water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.
Cyanide 0.2 0.2 Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.
Fluoride 4.0 4.0 Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones.

Fluoride in drinking water at half the MCL or more may cause mottling of children’s teeth, usually in children less than nine years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.

Mercury (inorganic) 0.002 0.002 Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.
Nitrate 10 10 Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby symptoms.
Nitrite 1 1 Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby symptoms.
Total Nitrate and Nitrite 10 10 Infants below the age of six months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die.

Symptoms include shortness of breath and blue baby symptoms.

Selenium 0.05 0.05 Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.
Thallium 0.0005 0.002 Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

D. Lead and Copper Rule:

Lead Zero TT Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities.

Adults who drink this water over many years could develop kidney problems or high blood pressure.

Copper 1.3 TT Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson’s disease should consult their personal doctor.

E. Synthetic Organic Compounds 25. 2,4-D 0.07 0.07 Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver or adrenal glands.

2,4,5-TP (Silvex) 0.05 0.05 Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.
Alachlor Zero 0.002 Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.
Atrazine 0.003 0.003 Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.
Benzo(a)pyrene (PAHs) Zero 0.0002 Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.
Carbofuran 0.04 0.04 Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.
Chlordane Zero 0.002 Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.
Dalapon 0.2 0.2 Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.
Di (2-ethylexyl) adipate 0.4 0.4 Some people who drink water containing di (2-ethyhexyl) adipate well in excess of the MCL over many years could experience general toxic effects or reproductive difficulties.
Di (2-ethylhexyl) phthalate Zero 0.006 Some people who drink water containing di (2ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.
Dibromochloropropane (DBCP)

Zero 0.0002 Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

Dinoseb 0.007 0.007 Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.
Dioxin (2,3,7,8-TCDD) Zero 3x10 -8 Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.
Diquat 0.02 0.02 Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.
Endothall 0.1 0.1 Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.
Endrin 0.002 0.002 Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.
Ethylene dibromide Zero 0.00005 Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.
Glyphosate 0.7 0.7 Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.
Heptachlor Zero 0.0004 Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.
Heptachlor epoxide Zero 0.0002 Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.
Hexachlorobenzene Zero 0.001 Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.
Hexachlorocyclopentadiene 0.05 0.05 Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.
Lindane 0.0002 0.0002 Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.
Methoxychlor 0.04 0.04 Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.
Oxamyl (Vydate) 0.2 0.2 Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.
Pentachlorophenol Zero 0.001 Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.
Picloram 0.5 0.5 Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.
Polychlorinated biphenyls (PCBs)

Zero 0.0005 Some people who drink water containing PCBs in excess of MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

Simazine 0.004 0.004 Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.
Toxaphene Zero 0.003 Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

F. Volatile Organic Compounds VOC)

Benzene Zero 0.005 Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.
Carbon tetrachloride Zero 0.005 Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.
Chlorobenzene (monochlorobenzene) 0.1 0.1 Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.
o-Dichlorobenzene 0.6 0.6 Some people who drink water containing odichlorobenzene in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.
p-Dichlorobenzene 0.075 0.075 Some people who drink water containing pdichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.
1,2-Dichloroethane Zero 0.005 Some people who drink water containing 1,2dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.
1,1-Dichloroethylene 0.007 0.007 Some people who drink water containing 1,1dichloroethylene in excess of the MCL over many years could experience problems with their liver.
cis-1,2-Dichloroethylene 0.07 0.07 Some people who drink water containing cis-1,2dichloroethylene in excess of the MCL over many years could experience problems with their liver.
trans-1,2-Dichloroethylene 0.1 0.1 Some people who drink water containing trans-1,2dichloroethylene well in excess of the MCL over many years could experience problems with their liver.
Dichloromethane Zero 0.005 Some people who drink water containing dichloromethane in excess of the MCl over many years could have liver problems and may have an increased risk of getting cancer.
1,2-Dichloropropane Zero 0.005 Some people who drink water containing 1,2dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.
Ethylbenzene 0.7 0.7 Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.
Styrene 0.1 0.1 Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.
Tetrachloroethylene Zero 0.005 Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their livers, and may have an increased risk of getting cancer.
Toluene 1 1 Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.
1,2,4-Trichlorobenzene 0.07 0.07 Some people who drink water containing 1,2,4trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.
1,1,1-Trichloroethane 0.2 0.2 Some people who drink water containing 1,1,1trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory problems.
1,1,2-Trichloroethylene 0.003 0.005 Some people who drink water containing 1,1,2trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.
Trichloroethylene Zero 0.005 Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.
Vinyl chloride Zero 0.002 Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.
Xylenes (total) 10 10 Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.

G. Radioactive Contaminants 76. Beta/photon emitters Zero 4 mrem/yr Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.

Alpha emitters Zero 15 pCi/L Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.
Combined radium (226 & 228).

Zero 5 pCi/L Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

Uranium Zero 30ug/L Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.

H. Disinfection Byproducts (DBPs), Byproducts Precursors, and Disinfectant Residuals: W here disinfection is used in the treatment of drinking water, disinfectants combine with organic and inorganic matter present in water to form chemicals called disinfection byproducts (DBPs). EPA sets standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THMs) and haloacetic acids (HAAs):

Total trihalomethanes (TTHMs)

N/A 080 19 20

Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.

Haloacetic Acids (HAA) N/A 0.060 Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.
Bromate Zero 0.010 Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.
Chlorite 0.08 1.0 Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.
Chlorine 4 (MRDLG) 4.0 (MRDL)

Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.

Chloramines 4 (MRDLG) 4.0 (MRDL) Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.

86a. Chlorine dioxide, where any 2 consecutive daily samples taken at the entrance to the distribution system are above the MRDL. 0.8 (MRDLG) 0.8 (MRDL) Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL.

Some people may experience anemia.

Add for public notification only: The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine diox ide levels within the distribution system minimizes the potential risk of these violations to consumers.

86b. Chlorine dioxide, where one or more distribution system samples are above the MRDL. 0.8 (MRDLG) 0.8 (MRDL) Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL.

Some people may experience anemia.

Add for public notification only: The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribu tion system may harm human health based on short-term exposures.

Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.

Control of DBP precursors (TOC)

None TT Total organic carbon (TOC) has no health effects.

However, total organic carbon provides a medium for the formation of disinfection byproducts. These byproducts include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

I. Other Treatment Techniques:

Acrylamide Zero TT Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.
Epichlorohydrin Zero TT Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

Appendix B – Endnotes † Until March 31, 2016. ‡ Beginning April 1, 2016.

MCLG – Maximum contaminant level goal.
MCL – Maximum contaminant level.
For water systems analyzing at least 40 samples per month, no more than 5.0 percent of the monthly samples may be positive for total coliforms. For systems analyzing fewer than 40 samples per month, no more than one sample per month may be positive for total coliforms.
There are various regulations that set turbidity standards for different types of systems, including Rules 0400-45-01-.08 and

Tenn. Comp. R. & Regs. 0400-45-01-.10 ORGANIC CHEMICAL SAMPLING AND ANALYTICAL REQUIREMENTS

(1) Beginning January 1, 1993, or the effective date of these regulations whichever is later, analysis of the contaminants listed in subparagraph (2)(a) of Rule 0400-45-01-.06 for the purposes of determining compliance with the maximum contaminant level shall be conducted as follows:

(a) Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

(b) Surface water systems shall take a minimum of one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment (hereafter called a sampling point). Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant or within the distribution system. Surface water systems include systems with a combination of surface and ground sources.

(c) If the system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods when water representative of all sources is being used.

(d) Monitoring frequency:

Each community and non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in paragraph (2) of

Rule 0400-45-01-.06 during each compliance period beginning with the initial compliance period.

Systems serving more than 3,300 persons which do not detect a contaminant in the initial compliance period, may reduce the sampling frequency to a minimum of two quarterly samples in one year during each repeat compliance period.
Systems serving 3,300 or less persons which do not detect a contaminant in the initial compliance period may reduce the sampling frequency to a minimum of one sample during each repeat compliance period.
All new systems or systems that use a new source of water that begin operation after the effective date of this rule must demonstrate compliance with the MCL within a period of time specified by the Department. The system must also comply with the initial sampling frequencies specified by the Department to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements of this rule.

(e) Each community and non-transient water system may apply to the Department for a waiver from the requirement of subparagraph (d) of this paragraph. A system must reapply for a waiver for each compliance period.

(f) The Department may grant a waiver after evaluating the following: Knowledge of previous use (including transport, storage, or disposal) of the contaminant within the watershed or zone of influence of the system. If a determination by the Department reveals no previous use of the contaminant within the watershed or zone of influence, a waiver may be granted. If previous use of the contaminant is unknown or it has been used previously, then the following factors shall be used to determine whether a waiver is granted.

Previous analytical results.
The proximity of the system to a potential point or non-point source of contamination. Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities. Non-point sources include the use of pesticides to control insect and weed pests on agricultural areas, forest lands, home and gardens, and other land application uses.
The environmental persistence and transport of the pesticide or PCBs.
How well the water source is protected against contamination due to such factors as depth of the well and the type of soil and the integrity of the well casing.
Elevated nitrate levels at the water supply source.
Use of PCBs in equipment used in the production, storage, or distribution of water (i.e., PCBs used in pumps transformers, etc.).
Any other information required by the Department.

(g) If an organic contaminant listed in paragraph (2) of Rule 0400-45-01-.06 is detected (as defined by subparagraph (r) of this paragraph) in any sample, then:

Each system must monitor quarterly at each sampling point which resulted in a detection.
The Department may decrease the quarterly monitoring requirement specified in

part 1 of this subparagraph provided it has determined that the system is below the maximum contaminant level. In no case shall the Department make this determination unless a groundwater system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples.

After the Department determines the system is below the maximum contaminant level the Department may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter that previously yielded the highest analytical result.
If monitoring results in detection of one or more of certain related contaminants (aldicarb, aldicarb sulfone, aldicarb sulfoxide and heptachlor, heptachlor epoxide), then subsequent monitoring shall analyze for all related contaminants.

(h) Systems which violate the maximum contaminant levels for organics must monitor quarterly. After a minimum of four quarterly samples show the system is in compliance and the Department determines the system is below the MCL, the system shall monitor at the frequency specified in part (g)3. of this paragraph.

(i) The Department may require a confirmation sample for positive or negative results. If a confirmation sample is required by the Department, the result must be averaged with the first sampling result and the average used for the compliance determination. The Department has discretion to delete results of documented sampling errors from this calculation.

(j) The Department may reduce the total number of analyses a system must conduct by allowing the use of composite sampling. Composite samples from a maximum of five sampling points are allowed, provided that the detection limit of the method used for analysis is less than one-fifth of the MCL. Compositing of samples must be done in the laboratory and analyzed within 14 days of sample collection.

(k) Compliance with paragraph (2) of Rule 0400-45-01-.06 shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of the MCL, the system is in violation of the MCL.

For systems which are conducting monitoring at a frequency greater than annual, compliance is determined by a running annual average of all samples taken at each sampling point. If the annual average of any sampling point is greater than the MCL, then the system is out of compliance. If the initial sample or a subsequent sample would cause the annual average to be exceeded, then the system is out of compliance immediately.
Systems monitoring annually or less frequently whose sample result exceeds the regulatory detection level must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one year of quarterly sampling.
If any sample result will cause the running annual average to exceed the MCL, at any sampling point, the system is out of compliance with the MCL immediately.
If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected.
If a sample result is less than the detection limit, zero will be used to calculate the annual average.

(l) Reserved (m) Reserved (n) If monitoring data collected after January 1, 1990, are generally consistent with the requirements of this paragraph, then the Department will allow systems to use that data to satisfy the monitoring requirement for the initial compliance period beginning January 1, 1993.

(o) The Department may increase the required monitoring frequency, where necessary, to detect variations within the system (e.g., fluctuations in concentration due to seasonal use, changes in water source), as determined by the criteria described in subparagraph (3)(a) of Rule 0400-45-01-.09.

(p) The Department has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled by their representatives and agencies.

(q) The Department may pursuant to these rules establish specific times during each compliance period for public water systems to complete its monitoring.

(r) Detection as used in this paragraph shall be defined as greater than or equal to the following concentrations for each contaminant.

TABLE 0400-45-01-.10(1)(r)

CONTAMINANT DETECTION LIMIT (mg/L)

Alachlor 0.0002 Aldicarb 0.0005 Aldicarb sulfoxide 0.0005 Aldicarb sulfone 0.0008 Atrazine 0.0001 Benzo(a)pyrene 0.00002 Carbofuran 0.0009 Chlordane 0.0002 Dalapon 0.001 Dibromochloropropane (DBCP) 0.00002 Di(2-ethyl hexyl) adipate 0.0006 Di(2-ethyl hexyl) phthalate 0.0006 Dinoseb 0.0002 Diquat 0.0004 2,4-D 0.0001 Endothall 0.009 Endrin 0.00001 CONTAMINANT DETECTION LIMIT (mg/L)

Ethylene dibromide (EDB) 0.00001 Glyphosate 0.006 Heptachlor 0.00004 Heptachlor epoxide 0.00002 Hexachlorobenzene 0.0001 Hexachlorocyclopentadiene 0.0001 Lindane 0.00002 Methoxychlor 0.0001 Oxamyl 0.002 Picloram 0.0001 Polychlorinated biphenyls (PCBs) 0.0001 (as decachlorobiphenyl)

Pentachlorophenol 0.00004 Simazine 0.00007 Toxaphene 0.001 2,3,7,8 TCDD (Dioxin) 0.000000005 2,4,5-TP (Silvex) 0.0002

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.11 RADIONUCLIDE SAMPLING

(1) For the purpose of monitoring radioactivity concentrations in drinking water, the required sensitivity of the radioanalysis is defined in terms of a detection limit. The detection limit shall be that concentration which can be counted with a precision of plus or minus 100 percent at the 95 percent confidence level (1.96 sigma where sigma is the standard deviation of the net counting rate of the sample.)

(a) To determine compliance with gross alpha particle activity, radium-226, radium-228 and uranium the detection limit shall not exceed the concentration in the Table to this subparagraph.

Detection Limits for Gross Alpha Particle Activity, Radium-226, Radium-228, and Uranium Contaminant Detection Limit Gross alpha particle activity 3pCi/L Radium-226 1pCi/L Radium-228 1pCi/L Uranium 1/10 the MCL (b) To determine compliance with beta particle and photon activity the detection limit shall not exceed the concentrations listed in the following table.

Detection Limits for Man-made Beta Particle and Photon Emitters Radionuclide Detection Limit Tritium 1000pCi/L Strontium-89 10pCi/L Strontium-90 2pCi/L Iodine-131 1pCi/L Cesium-134 10pCi/L Gross beta 4pCi/L Other radionuclides 1/10 of the applicable limit (2) To judge compliance with the maximum contaminant levels listed in paragraph (5) of Rule

Tenn. Comp. R. & Regs. 0400-45-01-.12 , 0400-45-01-.24, 0400-45-01-.26 and unregulated contaminant monitoring and reporting as required by the Environmental Protection Agency to demonstrate compliance if the public water system that treats water is subject to the referenced monitoring requirements. Consecutive systems that do not disinfect will be required to collect and analyze all samples that must be collected at the tap including asbestos. Those systems purchasing water and which practice disinfection shall not use the monitoring results obtained by another system for contaminants to be monitored in unregulated contaminant monitoring and reporting as required by the Environmental Protection Agency.

(2) Those public water systems which purchase all of their water and elect to perform the monitoring required by Rules 0400-45-01-.08 through 0400-45-01-.12, 0400-45-01-.21, 0400- 45-01-.24, 0400-45-01-.26 and unregulated contaminant monitoring and reporting as required by the Environmental Protection Agency will have compliance with the MCL determined on the analytical results of its sampling.

(3) Those public water systems which purchase all their water and elect to use the analytical results of the system from which it purchases water shall be deemed to be in compliance with the monitoring and MCL requirements provided the seller of water is in compliance. Any violation of an MCL or monitoring requirement by the seller of water will constitute a violation for all systems which purchase water unless samples are taken as described in paragraph (2) of this rule.

(4) All public notification requirements as contained in Rule 0400-45-01-.19 are the responsibility of the individual public water system regardless of which public water system conducts the analysis.

(5) All public water systems must maintain records as required by Rule 0400-45-01-.20 of all analytical results which pertain to the system regardless of which system actually did the analysis.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.13 ALTERNATIVE ANALYTICAL TECHNIQUES

If an alternative analytical technique is acceptable to the Administrator of the U.S. Environmental Protection Agency as being substantially equivalent to the prescribed test in both precision and accuracy as it relates to the determination of compliance with any maximum contaminant level, they shall become a

part of these rules and regulations by inference.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.14 and must calibrate turbidimeters using the procedure specified in paragraphs (40) and (41) of Rule 0400-45-01-.17. Systems must record the results of individual filter monitoring every 15 minutes.

If there is a failure in the continuous turbidity monitoring equipment, the system must conduct grab sampling every four hours in lieu of continuous monitoring until the turbidimeter is repaired and back on-line. A system has a maximum of five working days after failure to repair the equipment or it is in violation.

(6) Reporting and recordkeeping requirements.

(a) A public water system that uses a ground water source under the direct influence of surface water and does not provide filtration treatment must report monthly to the Department the information specified in this subparagraph beginning December 31, 1990, or 6 months after the determination that the ground water source is under the direct influence of surface water, whichever is later, unless the Department has determined in writing that filtration is required, in which case the Department may specify alternative reporting requirements, as appropriate, until filtration is in place.

Source water quality information must be reported to the Department within 10 days after the end of each month the system serves water to the public.

Information that must be reported includes but is not limited to:

(i) The cumulative number of months for which results are reported.

(ii) The number of fecal and/or total coliform samples, whichever are analyzed during the month (if a system monitors for both, only fecal coliforms must be reported), the dates of sample collection, and the dates when the turbidity level exceeded 1 NTU.

(iii) The number of samples during the month that had equal to or less than 20/100 ml fecal coliforms and/or equal to or less than 100/100 ml total coliforms, whichever are analyzed.

(iv) The cumulative number of fecal or total coliform samples, whichever are analyzed, during the previous six months the system served water to the public.

(v) The cumulative number of samples that had equal to or less than 20/100 ml fecal coliforms or equal to or less than 100/100 ml total coliforms, whichever are analyzed, during the previous six months the system served water to the public.

(vi) The percentage of samples that had equal to or less than 20/100 ml fecal coliforms or equal to or less than 100/100 ml total coliforms, whichever are analyzed, during the previous six months the system served water to the public.

(vii) The maximum turbidity level measured during the month, the date(s) of occurrence for any measurement(s) which exceeded 5 NTU, and the date(s) the occurrence(s) was reported to the Department.

(viii) For the first 12 months of recordkeeping, the dates and cumulative number of events during which the turbidity exceeded 5 NTU, and after one year of recordkeeping for turbidity measurements, the dates and cumulative number of events during which the turbidity exceeded 5 NTU in the previous 12 months the system served water to the public.

(ix) For the first 120 months of recordkeeping, the dates and cumulative number of events during which the turbidity exceeded 5 NTU, and after 10 years of recordkeeping for turbidity measurements, the dates and cumulative number of events during which the turbidity exceeded 5 NTU in the previous 120 months the system served water to the public.

Disinfection information specified in subparagraph (5)(b) of this rule must be reported to the Department within 10 days after the end of each month the system serves water to the public. Information that must be reported includes but is not limited to:

(i) For each day, the lowest measurement of residual disinfectant concentration in mg/l in water entering the distribution system.

(ii) The date and duration of each period when the residual disinfectant concentration in water entering the distribution system fell below 0.2 mg/l and when the Department was notified of the occurrence.

(iii) The daily residual disinfectant concentration(s) (in mg/l) and disinfectant contact time(s) (in minutes) used for calculating the CT value(s).

(iv) If chlorine is used, the daily measurement(s) of pH of disinfected water following each point of chlorine disinfection.

(v) The daily measurement(s) of water temperature in ° C following each point of disinfection.

(vi) The daily CTcalc and CTcalc/CT 99.9 values for each disinfectant measurement or sequence and the sum of all CTcalc/CT 99.9 values before or at the first customer.

(vii) The daily determination of whether disinfection achieves adequate Giardia cyst and virus inactivation, i.e., whether (CTcalc/CT 99.9 ) is at least 1.0 or, where disinfectants other than chlorine are used, other indicator conditions that the Department determines are appropriate, are met.

(viii) The following information on the samples taken in the distribution system in conjunction with total coliform monitoring pursuant to paragraph (3) of this

rule [Disinfection].

(I) Number of instances where the free residual disinfectant concentration is measured and the number of instances where the free residual is below 0.2 mg/l.

No later than ten days after the end of each Federal fiscal year (September 30), each system must provide to the Department a report which summarizes its compliance with all watershed control program requirements specified in part (2)(b)2. of this rule.
No later than ten days after the end of each Federal fiscal year (September 30), each system must provide to the Department a report which describes the onsite inspection conducted during that year pursuant to part (2)(b)3. of this rule, unless the on-site inspection was conducted by the Department. If the inspection was conducted by the Department, the Department must provide a copy of its report to the public water system.
(i) Each system, upon discovering that a waterborne disease outbreak potentially attributable to that water system has occurred, must report that occurrence to the Department as soon as possible, but no later than by the close of the following business day.

(ii) If at any time the turbidity exceeds 5 NTU, the system must consult with the department as soon as practical, but no later than 24 hours after the exceedance is known, in accordance with the requirements of Rule 0400- 45-01-.19.

(iii) If at any time the disinfectant residual falls below 0.2 mg/l in the water entering the distribution system, the system must notify the Department as soon as possible, but no later than by the end of the next business day.

The system also must notify the Department by the end of the next business day whether or not the residual was restored to at least 0.2 mg/l within 4 hours.

(b) A public water system that uses a surface water source or a ground water source under the direct influence of surface water and provides filtration treatment must report monthly to the Department the information specified in this subparagraph beginning June 29, 1993, or when filtration is installed, whichever is later.

Turbidity measurements as required by part (5)(c)1. of this rule must be reported within 10 days after the end of each month the system serves water to the public.

Information that must be reported includes but is not limited to:

(i) The total number of filtered water turbidity measurements taken during the month.

(ii) The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the applicable limits specified in paragraph (4) of this rule.

(iii) The date and value of any turbidity measurements taken during the month which exceed 5 NTU.

Disinfection information specified in subparagraph (5)(c) of this rule must be reported to the Department within 10 days after the end of each month the system serves water to the public. Information that must be reported includes:

(i) For each day, the lowest measurement of residual disinfectant concentration in mg/l in water entering the distribution system.

(iii) The following information on the samples taken in the distribution system in conjunction with total monitoring pursuant to 0400-45-01-.07;

(I) Number of instances where the free residual disinfectant concentration is measured.

(II) The number of instances where the free residual is below 0.2 mg/l.

(i) Each system, upon discovering that a waterborne disease outbreak potentially attributable to that water system has occurred, must report that occurrence to the Department as soon as possible, but no later than by the close of the following business day.

(ii) If at any time the turbidity exceeds 1 NTU in representative samples of filtered water in a system using conventional filtration treatment or direct filtration, the system must consult with the department as soon as practical, but no later than 24 hours after the exceedance is known, in accordance with the requirements of Rule 0400-45-01-.19. If at any time the turbidity in representative samples of filtered water exceed the maximum level set by the department for filtration technologies other than conventional and direct filtration treatment, the system must consult with the department as soon as practical, but not later than 24 hours after the exceedance is known, in accordance with Rule 0400-45-01-.19.

The system also must notify the Department by the end of the next business day whether or not the residual was restored to at least 0.2 mg/l within 4 hours.

In addition to the reporting and recordkeeping requirements in parts 1., 2., and 3. of this subparagraph, water systems serving 10,000 or more persons that provides conventional filtration treatment or direct filtration must report monthly to the Department the information specified in this part beginning January 1, 2002.

In addition to the reporting and recordkeeping requirements in parts 1., 2., and 3. of this rule, a public water system serving fewer than 10,000 persons that provides conventional filtration treatment or direct filtration must report monthly to the Department the information specified in this part beginning January 14, 2005.

In addition to the reporting and recordkeeping requirements in this paragraph, a public water system serving 10,000 or more persons that provides filtration approved under subparagraph (4)(d) of this rule must report monthly to the Department the information specified in subpart (i) of this part beginning January 1, 2002. In addition to the reporting and recordkeeping requirements in this paragraph, a public water system serving fewer than 10,000 persons that provides filtration approved under subparagraph (4)(d) of this rule must report monthly to the Department the information specified in subpart (i) of this part beginning January 14, 2005. The reporting in subpart (i) of this part is in lieu of the reporting specified in part 1. of this subparagraph.

(i) Turbidity measurements as required by this rule must be reported within 10 days after the end of each month the system serves water to the public.

Information that must be reported includes:

(I) The total number of filtered water turbidity measurements taken during the month.

(II) The number and percentage of filtered water turbidity measurements taken during the month which are less than or equal to the turbidity limits specified in subparagraph (4)(c) or (d) of this rule.

(III) The date and value of any turbidity measurements taken during the month which exceed 1 NTU for systems using conventional filtration treatment or direct filtration, or which exceed the maximum level set by the Department under subparagraph (4)(d) of this rule.

(ii) Systems must maintain the results of individual filter monitoring taken for at least five years.

(I) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within 7 days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance.

(II) For any individual filter that has a measured turbidity level of greater than 0.5 NTU in two consecutive measurements taken 15 minutes apart at the end of the first four hours of continuous filter operation after the filter has been backwashed or otherwise taken offline, the system must report the filter number, the turbidity, and the date(s) on which the exceedance occurred. In addition, the system must either produce a filter profile for the filter within 7 days of the exceedance (if the system is not able to identify an obvious reason for the abnormal filter performance) and report that the profile has been produced or report the obvious reason for the exceedance.

(III) For any individual filter that has a measured turbidity level of greater than 1.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of three consecutive months, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must conduct a self-assessment of the filter within 14 days of the exceedance and report that the self-assessment was conducted.

The self assessment must consist of at least the following components: assessment of filter performance; development of a filter profile; identification and prioritization of factors limiting filter performance; assessment of the applicability of corrections; and preparation of a filter self-assessment report.

(IV) For any individual filter that has a measured turbidity level of greater than 2.0 NTU in two consecutive measurements taken 15 minutes apart at any time in each of two consecutive months, the system must report the filter number, the turbidity measurement, and the date(s) on which the exceedance occurred. In addition, the system must arrange for the conduct of a comprehensive performance evaluation by the Department or a third party approved by the Department no later than 30 days following the exceedance and have the evaluation completed and submitted to the Department no later than 90 days following the exceedance.

(7) Variances and Exemptions from the Requirements of Filtration and Disinfection (a) No variance from the requirements in this rule are permitted.

(b) No exemptions from the requirements in part (3)(a)3. of this rule and paragraph (30) of

Rule 0400-45-01-.17 to provide disinfection are permitted.

(8) Disinfection Profiling and Benchmarking (a) Subpart H public water systems serving 10,000 or more persons must conduct monitoring for haloacetic acids and trihalomethanes or conduct disinfection profiling. By January 14, 2005, subpart H public water systems must develop a disinfection profile unless the Department determines it is not necessary. Those systems that exceed 0.064 mg/L of total trihalomethanes or 0.048 mg/L of total haloacetic acids annual arithmetic average based on four quarters of data must calculate disinfection profiles.

Subpart H systems that serve between 500 and 9,999 persons must begin to collect data needed to calculate disinfection profiles or demonstrate exemption from the profiling requirements no later than July 1, 2003. Subpart H systems serving fewer than 500 persons must begin to collect data for profiling or demonstrate exemption from the profiling requirements no later than July 1, 2004. Systems that must calculate profiles and that are planning changes in the disinfection process must also calculate disinfection benchmarks and submit the benchmark calculations with engineering plans for Departmental approval prior to making any process changes. Sampling analytical methods, frequency of sampling, and sample locations must be in accordance with procedures described in Rules 0400-45-01-.14 and 0400-45-01-.36. Disinfection profiles and benchmarks must be determined by calculating daily inactivation ratios in accordance with Departmental and EPA rules. Systems may elect to calculate profiles in lieu of conducting trihalomethanes and haloacetic acid monitoring for the purpose of complying with the disinfection and filtration rule.

(b) The department may approve the use of a more representative set of annual data for disinfection profiling. Systems that elect to conduct disinfection profiling rather than monitoring must notify the department. Systems may use existing data if approved by the department to comply with the disinfection byproduct monitoring or profiling required by this rule.

(c) A system that uses chloramines, chlorine dioxide, or ozone for a primary disinfectant must calculate the logs of inactivation for viruses using a method approved by the department.

(d) The system subject to the profiling requirements must retain disinfection profiles data in graphic form, such as a spreadsheet, or in some other format acceptable to the department for review during sanitary surveys.

(e) Any system that decides to change its disinfection practices must submit plans to the department for approval prior to making any changes. Changes to disinfection practices include but are not limited to:

Changes to the point of disinfection application;
Change in the disinfectant used;
Change in the disinfectant process, and 4. Any other modification identified by the department.

(f) Any system subject to the profiling requirements of this rule shall calculate its disinfection benchmark using methods approved by the department. A disinfection benchmark is the lowest monthly average value of the monthly logs of Garidia lamblia inactivation. A system using ozone or chloramines must also calculate the disinfection benchmark for viruses using methods approved by the department.

(9) Recycle Provisions (a) Applicability. All subpart H systems that employ conventional filtration or direct filtration treatment and that recycle spent filter backwash water, thickener supernatant, or liquids from dewatering processes must meet the requirements in subparagraphs (b) through (d) of this paragraph.

(b) Reporting. A system must notify the department in writing by December 8, 2003, if the system recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes. This notification must include, at a minimum, the information specified in parts 1. and 2. of this subparagraph.

A plant schematic showing the origin of all flows which are recycled (including, but not limited to, spent filter backwash water, thickener supernatant, and liquids from dewatering processes), the hydraulic conveyance used to transport them, and the location where they are re-introduced back into the treatment plant.
Typical recycle flow in gallons per minute (gpm), the highest observed plant flow experienced in the previous year (gpm), design flow for the treatment plant (gpm), and department-approved operating capacity for the plant where the department has made such determinations.

(c) Treatment technique requirement. Any system that recycles spent filter backwash water, thickener supernatant, or liquids from dewatering processes must return these flows through the processes of a system's existing conventional or direct filtration system as defined in Rule 0400-45-01-.04 or at an alternate location approved by the Department by June 8, 2004. If capital improvements are required to modify the recycle location to meet this requirement, all capital improvements must be completed no later than June 8, 2006.

(d) Recordkeeping. The system must collect and retain on file recycle flow information specified in parts 1. through 6. of this subparagraph for review and evaluation by the Department beginning June 8, 2004.

Copy of the recycle notification and information submitted to the Department under subparagraph (b) of this paragraph.
List of all recycle flows and the frequency with which they are returned.
Average and maximum backwash flow rate through the filters and the average and maximum duration of the filter backwash process in minutes.
Typical filter run length and a written summary of how filter run length is determined.
The type of treatment provided for the recycle flow.
Data on the physical dimensions of the equalization and/or treatment units, typical and maximum hydraulic loading rates, type of treatment chemicals used and average dose and frequency of use, and frequency at which solids are removed, if applicable.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01. Amendments and new rules filed November 24, 2015; effective February 22, 2016. Amendments filed November 19, 2018; effective February 17, 2019.

Tenn. Comp. R. & Regs. 0400-45-01-.15 MONITORING OF CONSECUTIVE PUBLIC WATER SYSTEMS

(1) Each public water system is required to provide monitoring data to the Department as required by Rules 0400-45-01-.07 through 0400-45-01-.12, 0400-45-01-.21, 0400-45-01-.24,

Tenn. Comp. R. & Regs. 0400-45-01-.16 SITING REQUIREMENTS

(1) Before a person may enter into a financial commitment for or initiate construction of a new public water system or increase capacity of an existing public water system, he shall notify the Department and, to the extent practicable, avoid locating part or all of the new or expanded facility at a site which:

(a) Is subject to a significant risk from earthquakes, floods, fires, or other disasters which could cause a breakdown of the public water system or a portion thereof; or (b) Except for intake structures, is within the flood plain of a 100-years flood.

(2) All other siting requirements shall be in accordance with those set forth in “Design Criteria for Public Water Systems” as published by the Department.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.17 by June 29, 1993 or within eighteen (18) months of the failure to meet any one of the criteria for avoiding filtration in subparagraphs (2)(a) and (b) of this rule whichever is later. Failure to meet any requirement of this paragraph after the dates specified is a treatment technique violation.

(a) For systems using conventional or direct filtration:

Representative samples of a system’s filtered water must be less than or equal to 0.5 NTU in at least 95 percent of the measurements taken each month, except when the Department determines adequate disinfection can be achieved at higher turbidity levels. The Department shall not approve a turbidity limit that allows more than 1 NTU in more than 5 percent of the samples taken each month.
The turbidity level of representative samples must at no time exceed 5 NTU.

(b) For systems using slow sand, diatomaceous earth filtration or other technology:

Representative samples of a system’s filtered water effluent must be less than or equal to 1 NTU in at least 95 percent of the measurements taken each month. In systems using slow sand filtration, if the Department determines there is no significant interference with disinfection at a higher turbidity level, the Department may substitute this higher turbidity limit for a system.
The turbidity level of representative samples of a system’s filtered water must at no time exceed 5 NTU.

(c) By December 31, 2001, subpart H systems that use conventional or direct filtration and serve 10,000 or more persons and by January 14, 2005, subpart H systems serving fewer than 10,000 persons shall employ filtration treatment that:

For systems using conventional filtration or direct filtration, the turbidity level of representative samples of a system’s filtered water must be less than or equal to 0.3 NTU in at least 95 percent of the measurements taken each month, measured as specified in subparagraphs (5)(a) and (c) of this rule.
The turbidity level of representative samples of a system’s filtered water must at no time exceed 1 NTU, measured as specified in subparagraphs (5)(a) and (c) of this rule.
A system that uses lime softening may acidify representative samples prior to analysis using a protocol approved by the Department.

(d) A public water system may use a filtration technology not listed in subparagraph (c) of this paragraph or in subparagraph (b) of this paragraph if it demonstrates to the Department, using pilot plant studies or other means, that the alternative filtration technology, in combination with disinfection treatment that meets the requirements of paragraph (30) of Rule 0400-45-01-.17, consistently achieves 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of viruses, and 99 percent removal of Cryptosporidium oocysts, and the Department approves the use of the filtration technology. For each approval, the Department will set turbidity performance requirements that the system must meet at least 95 percent of the time and that the system may not exceed at any time at a level that consistently achieves 99.9 percent removal and/or inactivation of Giardia lamblia cysts, 99.99 percent removal and/or inactivation of viruses, and 99 percent removal of Cryptosporidium oocysts. The maximum allowable turbidity limits for subpart H systems serving fewer than 10,000 persons using an alternative filtration technology excluding slow sand and diatomaceous earth cannot exceed 1 NTU in 95 percent of the samples taken each month or 5 NTU on any single sample.

(5) Monitoring Requirements (a) Reserved (b) A public water system that uses a groundwater source under the direct influence of surface water and does not provide filtration treatment must comply with the maximum contaminant level (MCL) for total coliforms in paragraph (4) of Rule 0400-45-01-.06 and the MCL for E. coli in subparagraph (4)(g) of Rule 0400-45-01-.06. The system must achieve the standard at a frequency of at least 11 months of the 12 previous months that the system served water to the public, on an ongoing basis, unless the Department determines that failure to meet this requirement was not caused by a deficiency in treatment of the source water.

Fecal coliform or total coliform density measurements as required by part (2)(a)1 of this rule must be performed on representative source water samples immediately prior to the first or only point of disinfectant application. The system must sample for fecal or total coliforms at the following minimum frequency each week the system serves water to the public. Fecal coliform or total coliform densities must meet the limits specified in part (2)(a)1 of this rule.

System size (persons served) Samples/week <500 1 501 to 3,300 2 3,301 to 10,000 3 10,001 to 25,000 4 >25,000 5 Must be taken on separate days.

Also one fecal or total coliform density measurement must be made every day the system serves water to the public and the turbidity of the source water exceeds 1 NTU (these samples count toward the weekly coliform sampling requirement) unless the Department determines that the system, for reasons outside the system’s control, cannot have the sample analyzed within 30 hours of collection.

Turbidity measurements must be performed on representative grab samples of source water immediately prior to the first or only point of disinfectant application every four hours (or more frequently) that the system serves water to the public.

A public water system may substitute continuous turbidity monitoring for grab sample monitoring if it validates the continuous measurement for accuracy on a regular basis using a protocol approved by the Department. Turbidity must comply with the limits specified in part (2)(a)2. of this rule.

The total inactivation ratio for each day that the system is in operation must be determined based on the CT 99.9 values in Tables 1.1 through 1.6, 2.1 and 3.1 of this paragraph, as appropriate. The parameters necessary to determine the total inactivation ratio must be monitored as follows:

(i) The temperature of the disinfected water must be measured at least once per day at each chlorine residual disinfectant concentration sampling point.

(ii) If the system uses chlorine, the pH of the disinfected water must be measured at least once per day at each chlorine residual disinfectant concentration sampling point.

(iii) The disinfectant contact time(s) (“T”) must be determined for each day during peak hourly flow.

(iv) The residual disinfectant concentration(s) (“C”) of the water before or at the first customer must be measured each day during peak hourly flow.

(v) If a system uses a disinfectant other than chlorine, the system may demonstrate to the Department, through the use of a Departmentapproved protocol for on-site disinfection challenge studies or other information satisfactory to the Department, that CT 99.9 values other than those specified in Tables 2.1 and 3.1 in this paragraph or other operational parameters are adequate to demonstrate that the system is achieving the minimum inactivation rates required by part (3)(a)1. of this rule.

Table 1.1 – CT Values (CT 99.9 ) for 99.9 Percent Inactivation of Giardia lamblia Cysts Free Chlorine at 0.5°C or Lower Free Residual (mg/L)

Disinfectant Concentration pH ≤6.0 6.5 7.0 7.5 8.0 8.5 ≤9.0 ≤0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 2.2 2.4 2.6 2.8 3.0 These CT values achieve greater than 99.99 percent inactivation of viruses. CT values between the indicated pH values may be determined by linear interpolation. CT values between the indicated temperatures of different tables may be determined by linear interpolation. If no interpolation is used, use the CT 99.9 value at the lower temperature, and at the higher pH.

Table 1.2 – CT Values (CT 99.9 ) for 99.9 Percent Inactivation of Giardia lamblia Cysts by Free Chlorine at 5.0°C Free Residual (mg/L)

Disinfectant Concentration pH ≤6.0 6.5 7.0 7.5 8.0 8.5 ≤9.0 ≤0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 2.2 2.4 2.6 2.8 3.0 These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH values may be determined by linear interpolation. CT values between the indicated temperatures of different tables may be determined by linear interpolation. If no interpolation is used, use the CT 99.9 value at the lower temperature, and at the higher pH.

Table 1.3 – CT Values (CT 99.9 ) for 99.9 Percent Inactivation of Giardia lamblia Cysts by Free Chlorine at 10.0°C Free Residual (mg/L)

Disinfectant Concentration pH ≤6.0 6.5 7.0 7.5 8.0 8.5 ≤9.0 <0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 2.2 2.4 2.6 2.8 3.0 These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH values may be determined by linear interpolation. CT values between the indicated temperatures of different tables may be determined by linear interpolation. If no interpolation is used, use the CT 99.9 value at the lower temperature, and at the higher pH.

Table 1.4 – CT Values (CT 99.9 ) for 99.9 Percent Inactivation of Giardia lamblia Cysts by Free Chlorine at 15.0°C Free Residual (mg/L)

Table 1.5 – CT Values (CT 99.9 ) for 99.9 Percent Inactivation of Giardia lamblia Cysts by Free Chlorine at 20.0°C Free Residual (mg/L)

Disinfectant Concentration pH ≤ 6.0 6.5 7.0 7.5 8.0 8.5 ≤9.0 ≤0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 2.2 2.4 2.6 2.8 3.0 These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH values may be determined by linear interpolation. CT values between the indicated temperatures of different tables may be determined by linear interpolation. If no interpolation is used, use the CT 99.9 value at the lower temperature, and at the higher pH.

Table 1.6 – CT Values (CT 99.9 ) for 99.9 Percent Inactivation of Giardia lamblia Cysts by Free Chlorine at 25.0°C Free Residual (mg/L)

Disinfectant Concentration pH ≤6.0 6.5 7.0 7.5 8.0 8.5 ≤ 9.0 ≤0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0 2.2 2.4 2.6 2.8 3.0 These CT values achieve greater than a 99.99 percent inactivation of viruses. CT values between the indicated pH values may be determined by linear interpolation. CT values between the indicated temperatures of different tables may be determined by linear interpolation. If no interpolation is used, use the CT 99.9 value at the lower temperature, and at the higher pH.

Table 2.1 – CT Values (CT 99.9 ) for 99.9 Percent Inactivation of Giardia lamblia Cysts by Chlorine Dioxide and Ozone Disinfectant Temperature <1°C 5°C 10°C 15°C 20°C ≥25°C Chlorine Dioxide Ozone 2.9 1.9 1.4 0.95 0.72 0.48 These CT values achieve greater than 99.99 percent inactivation of viruses. CT values between the indicated temperatures may be determined by linear interpolation. If no interpolation is used, use the CT 99.9 values at the lower temperature for determining CT 99.9 values between indicated temperatures.

Table 3.1 – CT Values (CT 99.9 ) for 99.9 Percent Inactivation of Giardia lamblia Cysts by Chloramines Temperature <1°C 5°C 10°C 15°C 20°C 25°C 3,800 2,200 1,850 1,500 1,100 750 These values are for pH values of 6 to 9. These CT values may be assumed to achieve greater than 99.99 percent inactivation of viruses only if chlorine is added and mixed in the water prior to the addition of ammonia. If this condition is not met, the system must demonstrate, based upon on-site studies or other information, as approved by the Department, that the system is achieving at least 99.99 percent inactivation of viruses. CT values between the indicated temperatures may be determined by linear interpolation. If no interpolation is used, use the CT 99.9 value at the lower temperature for determining CT 99.9 values between indicated temperatures.

The total inactivation ratio must be calculated as follows:

(i) If the system uses only one point of disinfectant application, the system may determine the total inactivation ratio based on either of the following two methods:

(I) One inactivation ratio (CTcalc/CT 99.9 ) is determined before or at the first customer during peak hourly flow and if the CTcalc/CT 99.9 >1.0, the 99.9 percent Giardia lamblia inactivation requirement has been achieved; or (II) Successive CTcalc/CT 99.9 values, representing sequential inactivation ratios, are determined between the point of disinfectant application and a point before or at the first customer during peak hourly flow. Under this alternative, the following method must be used to calculate the total inactivation ratio:

I. Determine CTcalc for each sequence CT 99.9 II. Add the CTcalc values together CT 99.9 III. If the sum CTcalc is greater than or equal CT 99.9 to 1.0 the 99.9 percent Giardia lamblia inactivation requirement has been achieved.

(ii) If the system uses more than one point of disinfectant application before or at the first customer, the system must determine the CT value of each disinfection sequence immediately prior to the next point of disinfectant application during peak hourly flow. The CTcalc/CT 99.9 value of each sequence and the sum of Σ CTcalc CT 99.9 must be calculated using the method in item (i)(II) of this part to determine if the system is in compliance with disinfection requirements.

The residual disinfectant concentration of the water entering the distribution system must be monitored continuously, and the lowest value must be recorded each day. If there is a failure in the continuous monitoring equipment, grab sampling every 4 hours may be conducted in lieu of continuous monitoring, but for no more than 5 working days following the failure of the equipment. Systems serving 3,300 or fewer persons may take grab samples in lieu of providing continuous monitoring on an ongoing basis at the frequencies prescribed below:

System Size by Population Samples/day <500 501 to 1,000 1,001 to 2,500 2,501 to 3,300 The day’s samples cannot be taken at the same time. The sampling intervals are subject to Department review and approval.

If at any time the free chlorine concentration falls below 0.2 mg/l in a system using grab sampling in lieu of continuous monitoring, the system must take a grab sample every 4 hours until the free residual concentration is equal to or greater than 0.2 mg/l.

Until March 31, 2016, the residual disinfectant concentration must be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in paragraph (1) of Rule 0400-45-01- .07. Beginning April 1, 2016, the residual disinfectant concentration must be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in paragraphs (4) through (8) of

Rule 0400-45-01-.41. The Department may allow a public water system which uses both a surface water source or a ground water source under direct influence of surface water, and a ground water source, to take disinfectant residual samples at points other than the total coliform sampling points if the Department determines that such points are more representative of treated (disinfected) water quality within the distribution system. Heterotrophic bacteria, measured as heterotrophic plate count (HPC) as specified in part (10)(a)4. of

Rule 0400-45-01-.14, may be measured in lieu of residual disinfectant concentration.

(c) Monitoring requirements for systems using filtration treatment. A public water system that uses a surface water source or a groundwater source under the direct influence of surface water and provides filtration treatment must monitor in accordance with this subparagraph beginning June 29, 1993, or when filtration is installed, whichever is later.

Turbidity as required by paragraph (4) of this rule must be continuously measured and recorded on representative samples of the system’s combined filtered water while the system serves water to the public. The highest turbidity value obtained during each four-hour period must be reported. A public water system may substitute grab sample monitoring if approved by the Department.

For any system using slow sand filtration or filtration treatment other than conventional treatment, direct filtration, or diatomaceous earth filtration, the Department may reduce the sampling frequency to once per day if it determines that less frequent monitoring is sufficient to indicate effective filtration performance. For systems serving 500 or fewer persons, the Department may reduce the turbidity sampling frequency to once per day, regardless of the type of filtration treatment used, if the Department determines that less frequent monitoring is sufficient to indicate effective filtration performance. The highest turbidity measured each four hours must be reported according to the following four hour segments: 12:01 a.m. to 4:00 a.m., 4:01 to 8:00 a.m., 8:01 to 12 noon, 12:01 to 4:00 p.m., 4:01 p.m. to 8:00 p.m., 8:01 to 12 midnight. The intake of the combined filter effluent turbidity monitor shall be located at or near the entry point to the clearwell or at a location approved by the Department.

The residual disinfectant concentration of the water entering the distribution system must be monitored continuously, and the lowest value must be recorded each day. If there is a failure in the continuous monitoring equipment, grab sampling every four hours may be conducted in lieu of continuous monitoring, but for no more than five working days following the failure of the equipment.

Systems serving 3,300 or fewer persons may take grab samples each day in lieu of providing continuous monitoring on an ongoing basis at the frequencies prescribed below:

If at any time the free residual disinfectant concentration falls below 0.2 mg/l in a system using grab sampling in lieu of continuous monitoring, the system must take a grab sample every four hours until the free residual disinfectant concentration is equal to or greater than 0.2 mg/l.

Until March 31, 2016, the residual disinfectant concentration must be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in paragraph (1) of Rule 0400-45-01- .07. Beginning April 1, 2016, the residual disinfectant concentration must be measured at least at the same points in the distribution system and at the same time as total coliforms are sampled, as specified in paragraphs (4) through (8) of

Rule 0400-45-01-.41. The Department may allow a public water system which uses both a surface water source or a groundwater source under direct influence of surface water, and a groundwater source to take disinfectant residual samples at points other than the total coliform sampling points if the Department determines that such points are more representative of treated (disinfected) water quality within the distribution system. Heterotrophic bacteria, measured as heterotrophic plate count (HPC) as specified in part (10)(a)4. of Rule 0400-45- 01-.14, may be measured in lieu of residual disinfectant concentration.

In addition to monitoring required by parts 1., 2. and 3. of this subparagraph, a

subpart H system serving 10,000 or more persons using conventional filtration treatment or direct filtration must conduct continuous monitoring of turbidity for each individual filter using an approved method in subparagraph (10)(b) of Rule

Tenn. Comp. R. & Regs. 0400-45-01-.18 REPORTING REQUIREMENTS

(1) Except where a shorter period is specified in this Chapter, the supplier of water shall report to the Department the results of any test measurement or analysis required by this part within (a) the first ten days following the month in which the result is received or (b) the first ten days following the end of the required monitoring period as stipulated by the Department, which ever of these is shortest.

(2) All systems shall report to the Department within forty-eight (48) hours of the failure to comply with Departmental drinking water regulations or other requirements (including failure to comply with monitoring, maximum contaminant level or treatment technique requirements) set forth in these rules and regulations, and in case of any of the following events shall immediately notify the Department and responsible local officials:

(a) Any major breakdown or failure of equipment in water treatment process which affects the quality or quantity of the water leaving the treatment plant;

(b) Any serious loss of water service due to a failure of transmission or distribution facilities; or (c) Any situation with the water system which presents or may present an imminent and substantial endangerment to health.

(3) Systems are not required to report analytical results to the Department in cases where a State laboratory performs the analysis and reports the results to the Department.

(4) The public water system, within 10 days of completing the public notification requirements under Rule 0400-45-01-.19 for the initial public notice and any repeat notices, must submit to the department a certification that it has fully complied with the public notification regulations.

The public water system must include with this certification a representative copy of each type of notice distributed, published, posted and made available to the persons served by the system and to the media.

(5) The water supply system shall submit to the Department, within the time stated in the request, copies of any records required to be maintained under Rule 0400-45-01-.20 hereof or copies of any documents then in existence which the Department is entitled to inspect pursuant T.C.A. §§ 68-221-701 et seq.

(6) The owner or operator of a community water system or non-transient non-community water system who is required to monitor under unregulated contaminant monitoring and reporting as required by the Environmental Protection Agency shall send a copy of the results of such monitoring and any public notice issued under Rule 0400-45-01-.19 to the Department within 30 days of receipt of the results or issuance of the notice.

(7) The community water system or non-transient non-community water system shall furnish the following information on forms provided by the Department to the Department for each sample analyzed under unregulated contaminant monitoring and reporting as required by the Environmental Protection Agency:

(a) Results of all analytical methods, including negatives, (b) Name and address of the system that supplied the sample, (c) Contaminant(s), (d) Analytical method(s) used, (e) Date of sample, (f) Date of analysis.

(8) It shall be a violation of these regulations for any person, public water system, engineer, operator or certified laboratory to:

(a) Record data or information and/or report any inaccurate, misleading, false or information known or that should be known to be false; or (b) Report any data or information that is inaccurate, misleading or false because the person reporting has not used reasonable care, judgment or the application of his knowledge in the preparation of the report.

(9) Electronic Reporting. A person is required to submit reports and certifications to the Department in order for a person to comply with this rule chapter (0400-45-01). The Commissioner may make forms available electronically or allow these reports to be submitted electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01. Amendments filed November 19, 2018; effective February 17, 2019.

Tenn. Comp. R. & Regs. 0400-45-01-.19 (Notification of Customers).

(ii) A system must notify the Department by the end of the day when the system is notified of an E. coli-positive routine sample, unless the system is notified of the result after the Department office is closed and the Department does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Department before the end of the next business day.

A system that has violated the treatment technique for coliforms in paragraph (9) of this rule must report the violation to the Department no later than the end of the next business day after it learns of the violation, and notify the public in accordance with Rule 0400-45-01-.19 (Notification of Customers).
A system required to conduct an assessment under the provisions of paragraph (9) of this rule must submit the assessment report within 30 days. The system must notify the Department in accordance with subparagraph (9)(c) of this rule when each scheduled corrective action is completed for corrections not completed by the time of submission of the assessment form.
A system that has failed to comply with a coliform monitoring requirement must report the monitoring violation to the Department within 10 days after the system discovers the violation, and notify the public in accordance with Rule 0400-45-01- .19 (Notification of Customers).
A seasonal system must certify, prior to serving water to the public that it has complied with the Department-approved start-up procedure.

(b) Recordkeeping.

The system must maintain any assessment form, regardless of who conducts the assessment, and documentation of corrective actions completed as a result of those assessments, or other available summary documentation of the sanitary defects and corrective actions taken under paragraph (9) of this rule for Department review. This record must be maintained by the system for a period not less than five years after completion of the assessment or corrective action.
The system must maintain a record of any repeat sample taken that meets Department criteria for an extension of the 24-hour period for collecting repeat samples as provided for under part (8)(a)1. of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed filed November 24, 2015; effective February 22, 2016. Amendments filed March 7, 2016; effective June 5, 2016. Amendments filed November 19, 2018; effective February 17, 2019.

Tenn. Comp. R. & Regs. 0400-45-01-.20 RECORDS MAINTENANCE

(1) Any owner or operator of a public water system subject to the provisions of these rules shall retain on its premises or at a convenient location near its premises the following records:

(a) Records of bacteriological analysis made pursuant to these rules shall be kept for not less than five (5) years. Records of chemical analyses made pursuant to these rules shall be kept for not less than ten (10) years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included:

The date, place, and time of sampling, the name of the person who collected the sample;
Identification of the sample as to whether it was a routine distribution system sample, repeat sample, raw or process water sample or other special purpose sample;
Date of analysis;
Laboratory and person responsible for performing analysis;
The analytical technique/method used; and 6. The results of the analysis.

(b) Records of action taken by the system to correct violations of primary drinking water regulations shall be kept for a period not less than three (3) years after the last action taken with respect to the particular violation involved.

(c) Copies of any written reports, summaries or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by any State or Federal agency, shall be kept for a period not less than ten (10) years after completion of the sanitary survey involved.

(d) Records concerning a variance or exemption granted to the system shall be kept for a period ending not less than five (5) years following the expiration of such variance or exemption.

(e) Any such reports required by the Department shall be available for inspection by the public at the appropriate public water system office during regular business hours.

(f) Records of turbidity analysis shall be maintained for not less than five years. These records shall include daily worksheets, calibration data and strip charts. The strip charts shall be labeled each day the system operates with the date, time, place of collection, operator's initials, and the operating scale of the instrument.

(g) Daily worksheets, strip charts, and shift logs used in the production of monthly operation reports or operation control of the plant shall be maintained for a minimum of five years.

(h) Cross-connection plans and inspection records, complaint logs, facility maintenance records, and storage tank inspection records shall be kept for 5 years.

(i) Copies of the public notices issued and certifications made to the Department pursuant to Rule 0400-45-01-.19 must be kept for three years after issuance.

(j) Any system subject to the requirements of Rule 0400-45-01-.33 shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, Department determinations, and any other information required by paragraphs (2) through (9) of Rule 0400-45-01-.33. Each water system shall retain the records required by this rule for no fewer than 12 years.

(k) Copies of monitoring plans developed pursuant to this Chapter shall be kept for the same period of time as the records of analyses taken under the plan are required to be kept under subparagraph (a) of this paragraph, except as specified elsewhere in this

chapter.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.21 MONITORING FOR CORROSIVITY CHARACTERISTICS

(1) Community water supply systems shall identify whether the following construction materials are present in their distribution system and report to the Department.

(a) Piping, solder, caulking, interior lining of distribution mains, service lines, and home plumbing made of lead;

(b) Piping and alloys, service lines, and home plumbing made of copper;

(d) Ferrous piping materials such as cast iron and steel;

(e) Asbestos cement pipe;

(f) Vinyl lined asbestos cement pipe;

(g) Coal tar lined pipes and tanks.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.31 , as applicable.

The filtered water turbidity for each individual filter must be less than or equal to 0.15 NTU in at least 95 percent of the measurements recorded each month.
No individual filter may have a measured turbidity greater than 0.3 NTU in two consecutive measurements taken 15 minutes apart.
Any system that has received treatment credit for individual filter performance and fails to meet the requirements of part 1. or 2. of this subparagraph during any month does not receive a treatment technique violation under subparagraph (12)(c) of this rule if the Department determines the following:

(i) The failure was due to unusual and short-term circumstances that could not reasonably be prevented through optimizing treatment plant design, operation, and maintenance.

(ii) The system has experienced no more than two such failures in any calendar year.

(c) Demonstration of performance. The Department may approve Cryptosporidium treatment credit for drinking water treatment processes based on a demonstration of performance study that meets the criteria in this subparagraph. This treatment credit may be greater than or less than the prescribed treatment credits in paragraph (12) or paragraphs (18) through (21) of this rule and may be awarded to treatment processes that do not meet the criteria for the prescribed credits.

Systems cannot receive the prescribed treatment credit for any toolbox box option in paragraphs (18) through (21) of this rule if that toolbox option is included in a demonstration of performance study for which treatment credit is awarded under this subparagraph.
The demonstration of performance study must follow a Department-approved protocol and must demonstrate the level of Cryptosporidium reduction the treatment process will achieve under the full range of expected operating conditions for the system.
Approval by the Department must be in writing and may include monitoring and treatment performance criteria that the system must demonstrate and report on an ongoing basis to remain eligible for the treatment credit. The Department may designate such criteria where necessary to verify that the conditions under which the demonstration of performance credit was approved are maintained during routine operation.

(20) Additional filtration toolbox components.

(a) Bag and cartridge filters. Systems receive Cryptosporidium treatment credit of up to 2.0-log for individual bag or cartridge filters and up to 2.5-log for bag or cartridge filters operated in series by meeting the criteria in parts 1. through 10. of this subparagraph.

To be eligible for this credit, systems must report the results of challenge testing that meets the requirements of parts 2. through 9. of this subparagraph to the Department.

The filters must treat the entire plant flow taken from a subpart H source.

The Cryptosporidium treatment credit awarded to bag or cartridge filters must be based on the removal efficiency demonstrated during challenge testing that is conducted according to the criteria in parts 2. through 9. of this subparagraph. A factor of safety equal to 1-log for individual bag or cartridge filters and 0.5-log for bag or cartridge filters in series must be applied to challenge testing results to determine removal credit. Systems may use results from challenge testing conducted prior to January 5, 2006 if the prior testing was consistent with the criteria specified in parts 2. through 9. of this subparagraph.
Challenge testing must be performed on full-scale bag or cartridge filters, and the associated filter housing or pressure vessel, that are identical in material and construction to the filters and housings the system will use for removal of Cryptosporidium. Bag or cartridge filters must be challenge tested in the same configuration that the system will use, either as individual filters or as a series configuration of filters.
Challenge testing must be conducted using Cryptosporidium or a surrogate that is removed no more efficiently than Cryptosporidium. The microorganism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate must be determined using a method capable of discreetly quantifying the specific microorganism or surrogate used in the test; gross measurements such as turbidity may not be used.
The maximum feed water concentration that can be used during a challenge test must be based on the detection limit of the challenge particulate in the filtrate (i.e., filtrate detection limit) and must be calculated using the following equation:

Maximum Feed Concentration = 1 × 10 × (Filtrate Detection Limit)

Challenge testing must be conducted at the maximum design flow rate for the filter as specified by the manufacturer.
Each filter evaluated must be tested for a duration sufficient to reach 100 percent of the terminal pressure drop, which establishes the maximum pressure drop under which the filter may be used to comply with the requirements of this subparagraph.
Removal efficiency of a filter must be determined from the results of the challenge test and expressed in terms of log removal values using the following equation:

LRV = LOG

(C f )-LOG (C p )

Where:

LRV = log removal value demonstrated during challenge testing; C f = the feed concentration measured during the challenge test; and Cp = the filtrate concentration measured during the challenge test. In applying this equation, the same units must be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, then the term Cp must be set equal to the detection limit.

Each filter tested must be challenged with the challenge particulate during three periods over the filtration cycle: within two hours of start-up of a new filter; when the pressure drop is between 45 and 55 percent of the terminal pressure drop; and at the end of the cycle after the pressure drop has reached 100 percent of the terminal pressure drop. An LRV must be calculated for each of these challenge periods for each filter tested. The LRV for the filter (LRV filter ) must be assigned the value of the minimum LRV observed during the three challenge periods for that filter.
If fewer than 20 filters are tested, the overall removal efficiency for the filter product line must be set equal to the lowest LRV filter among the filters tested. If 20 or more filters are tested, the overall removal efficiency for the filter product line must be set equal to the 10th percentile of the set of LRV filter values for the various filters tested. The percentile is defined by (i/(n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.
If a previously tested filter is modified in a manner that could change the removal efficiency of the filter product line, challenge testing to demonstrate the removal efficiency of the modified filter must be conducted and submitted to the Department.

(b) Membrane filtration.

Systems receive Cryptosporidium treatment credit for membrane filtration that meets the criteria of this subparagraph. Membrane cartridge filters that meet the definition of membrane filtration in Rule 0400-45-01-.04 are eligible for this credit.

The level of treatment credit a system receives is equal to the lower of the values determined under subparts (i) and (ii) of this part.

(i) The removal efficiency demonstrated during challenge testing conducted under the conditions in part 2. of this subparagraph.

(ii) The maximum removal efficiency that can be verified through direct integrity testing used with the membrane filtration process under the conditions in part 3. of this subparagraph.

Challenge Testing. The membrane used by the system must undergo challenge testing to evaluate removal efficiency, and the system must report the results of challenge testing to the Department. Challenge testing must be conducted according to the criteria in subparts (i) through (vii) of this subparagraph.

Systems may use data from challenge testing conducted prior to January 5, 2006, if the prior testing was consistent with the criteria in subparts (i) through (vii) of this part.

(i) Challenge testing must be conducted on either a full-scale membrane module, identical in material and construction to the membrane modules used in the system’s treatment facility, or a smaller-scale membrane module, identical in material and similar in construction to the full-scale module. A module is defined as the smallest component of a membrane unit in which a specific membrane surface area is housed in a device with a filtrate outlet structure.

(ii) Challenge testing must be conducted using Cryptosporidium oocysts or a surrogate that is removed no more efficiently than Cryptosporidium oocysts. The organism or surrogate used during challenge testing is referred to as the challenge particulate. The concentration of the challenge particulate, in both the feed and filtrate water, must be determined using a method capable of discretely quantifying the specific challenge particulate used in the test; gross measurements such as turbidity may not be used.

(iii) The maximum feed water concentration that can be used during a challenge test is based on the detection limit of the challenge particulate in the filtrate and must be determined according to the following equation:

Maximum Feed Concentration = 3.16 × 10 × (Filtrate Detection Limit)

(iv) Challenge testing must be conducted under representative hydraulic conditions at the maximum design flux and maximum design process recovery specified by the manufacturer for the membrane module. Flux is defined as the throughput of a pressure driven membrane process expressed as flow per unit of membrane area. Recovery is defined as the volumetric percent of feed water that is converted to filtrate over the course of an operating cycle uninterrupted by events such as chemical cleaning or a solids removal process (i.e., backwashing).

(v) Removal efficiency of a membrane module must be calculated from the challenge test results and expressed as a log removal value according to the following equation: LRV = LOG (C f ) × LOG (C p )

Where:

LRV = log removal value demonstrated during the challenge test; C f = the feed concentration measured during the challenge test; and C p = the filtrate concentration measured during the challenge test. Equivalent units must be used for the feed and filtrate concentrations. If the challenge particulate is not detected in the filtrate, the term C p is set equal to the detection limit for the purpose of calculating the LRV. An LRV must be calculated for each membrane module evaluated during the challenge test.

(vi) The removal efficiency of a membrane filtration process demonstrated during challenge testing must be expressed as a log removal value (LRV C- Test ). If fewer than 20 modules are tested, then LRV C-Test is equal to the lowest of the representative LRVs among the modules tested. If 20 or more modules are tested, then LRVC-Test is equal to the 10th percentile of the representative LRVs among the modules tested. The percentile is defined by (i/(n+1)) where i is the rank of n individual data points ordered lowest to highest. If necessary, the 10th percentile may be calculated using linear interpolation.

(vii) The challenge test must establish a quality control release value (QCRV) for a non-destructive performance test that demonstrates the Cryptosporidium removal capability of the membrane filtration module. This performance test must be applied to each production membrane module used by the system that was not directly challenge tested in order to verify Cryptosporidium removal capability. Production modules that do not meet the established QCRV are not eligible for the treatment credit demonstrated during the challenge test.

(viii) If a previously tested membrane is modified in a manner that could change the removal efficiency of the membrane or the applicability of the nondestructive performance test and associated QCRV, additional challenge testing to demonstrate the removal efficiency of, and determine a new QCRV for, the modified membrane must be conducted and submitted to the Department.

Direct integrity testing. Systems must conduct direct integrity testing in a manner that demonstrates a removal efficiency equal to or greater than the removal credit awarded to the membrane filtration process and meets the requirements described in subparts (i) through (vi) of this subparagraph. A direct integrity test is defined as a physical test applied to a membrane unit in order to identify and isolate integrity breaches (i.e., one or more leaks that could result in contamination of the filtrate).

(i) The direct integrity test must be independently applied to each membrane unit in service. A membrane unit is defined as a group of membrane modules that share common valving that allows the unit to be isolated from the rest of the system for the purpose of integrity testing or other maintenance.

(ii) The direct integrity method must have a resolution of 3 micrometers or less, where resolution is defined as the size of the smallest integrity breach that contributes to a response from the direct integrity test.

(iii) The direct integrity test must have a sensitivity sufficient to verify the log treatment credit awarded to the membrane filtration process by the Department, where sensitivity is defined as the maximum log removal value that can be reliably verified by a direct integrity test. Sensitivity must be determined using the approach in either item (I) or (II) of this subpart as applicable to the type of direct integrity test the system uses.

(I) For direct integrity tests that use an applied pressure or vacuum, the direct integrity test sensitivity must be calculated according to the following equation: LRVDIT = LOG (Q p /(VCF × Q breach )) Where:

LRVDIT = the sensitivity of the direct integrity test; Q p = total design filtrate flow from the membrane unit; Q breach = flow of water from an integrity breach associated with the smallest integrity test response that can be reliably measured, and VCF = volumetric concentration factor. The volumetric concentration factor is the ratio of the suspended solids concentration on the high pressure side of the membrane relative to that in the feed water.

(II) For direct integrity tests that use a particulate or molecular marker, the direct integrity test sensitivity must be calculated according to the following equation:

LRV DIT

= LOG

(C f )-LOG (C p )

Where:

LRVDIT = the sensitivity of the direct integrity test; C f = the typical feed concentration of the marker used in the test; and C p = the filtrate concentration of the marker from an integral membrane unit.

(iv) Systems must establish a control limit within the sensitivity limits of the direct integrity test that is indicative of an integral membrane unit capable of meeting the removal credit awarded by the Department.

(v) If the result of a direct integrity test exceeds the control limit established under subpart (iv) of this part, the system must remove the membrane unit from service. Systems must conduct a direct integrity test to verify any repairs, and may return the membrane unit to service only if the direct integrity test is within the established control limit.

(vi) Systems must conduct direct integrity testing on each membrane unit at a frequency of not less than once each day that the membrane unit is in operation. The Department may approve less frequent testing, based on demonstrated process reliability, the use of multiple barriers effective for Cryptosporidium, or reliable process safeguards.

Indirect integrity monitoring. Systems must conduct continuous indirect integrity monitoring on each membrane unit according to the criteria in subparts (i) through (v) of this part. Indirect integrity monitoring is defined as monitoring some aspect of filtrate water quality that is indicative of the removal of particulate matter. A system that implements continuous direct integrity testing of membrane units in accordance with the criteria in subparts 3.(i) through (vi) of this subparagraph is not subject to the requirements for continuous indirect integrity monitoring. Systems must submit a monthly report to the Department summarizing all continuous indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken in each case.

(i) Unless the Department approves an alternative parameter, continuous indirect integrity monitoring must include continuous filtrate turbidity monitoring.

(ii) Continuous monitoring must be conducted at a frequency of no less than once every 15 minutes.

(iii) Continuous monitoring must be separately conducted on each membrane unit.

(iv) If indirect integrity monitoring includes turbidity and if the filtrate turbidity readings are above 0.15 NTU for a period greater than 15 minutes (i.e., two consecutive 15-minute readings above 0.15 NTU), direct integrity testing must immediately be performed on the associated membrane unit as specified in subparts 3.(i) through (vi) of this subparagraph.

(v) If indirect integrity monitoring includes a Department-approved alternative parameter and if the alternative parameter exceeds a Departmentapproved control limit for a period greater than 15 minutes, direct integrity testing must immediately be performed on the associated membrane units as specified in subparts 3.(i) through (vi) of this subparagraph.

(c) Second stage filtration. Systems receive 0.5-log Cryptosporidium treatment credit for a separate second stage of filtration that consists of sand, dual media, GAC, or other fine grain media following granular media filtration if the Department approves. To be eligible for this credit, the first stage of filtration must be preceded by a coagulation step and both filtration stages must treat the entire plant flow taken from a surface water or GWUDI source. A cap, such as GAC, on a single stage of filtration is not eligible for this credit. The Department must approve the treatment credit based on an assessment of the design characteristics of the filtration process.

(d) Slow sand filtration (as secondary filter). Systems are eligible to receive 2.5-log Cryptosporidium treatment credit for a slow sand filtration process that follows a separate stage of filtration if both filtration stages treat entire plant flow taken from a surface water or GWUDI source and no disinfectant residual is present in the influent water to the slow sand filtration process. The Department must approve the treatment credit based on an assessment of the design characteristics of the filtration process.

This subparagraph does not apply to treatment credit awarded to slow sand filtration used as a primary filtration process.

(21) Inactivation toolbox components.

(a) Calculation of CT values.

CT is the product of the disinfectant contact time (T, in minutes) and disinfectant concentration (C, in milligrams per liter). Systems with treatment credit for chlorine dioxide or ozone under subparagraph (b) or (c) of this paragraph must calculate CT at least once each day, with both C and T measured during peak hourly flow as specified in Rule 0400-45-01-.31.
Systems with several disinfection segments in sequence may calculate CT for each segment, where a disinfection segment is defined as a treatment unit process with a measurable disinfectant residual level and a liquid volume. Under this approach, systems must add the Cryptosporidium CT values in each segment to determine the total CT for the treatment plant.

(b) CT values for chlorine dioxide and ozone.

Systems receive the Cryptosporidium treatment credit listed in this table by meeting the corresponding chlorine dioxide CT value for the applicable water temperature, as described in subparagraph (a) of this paragraph.

CT VALUES (MG·MIN/L) FOR CRYPTOSPORIDIUM INACTIVATION BY CHLORINE

DIOXIDE

Water Temperature in °C Log Credit <=0.5 1 2 3 5 7 10 15 20 25 30 (i) 0.25.................... 159 153 140 128 107 90 69 45 29 19 12 (ii) 0.5 ......................... 319 305 279 256 214 180 138 89 58 38 24 (iii) 1.0 ........................ 637 610 558 511 429 360 277 179 116 75 49 (iv) 1.5.................... 956 915 838 767 643 539 415 268 174 113 73 (v) 2.0...................... 1275 1220 1117 1023 858 719 553 357 232 150 98 (vi) 2.5..................... 1594 1525 1396 1278 1072 899 691 447 289 188 122 (vii) 3.0............ 1912 1830 1675 1534 1286 1079 830 536 347 226 147 Systems may use this equation to determine log credit between the indicated values: Log credit = (0.001506 × (1.09116)

Tem p ) × CT.

Systems receive the Cryptosporidium treatment credit listed in this table by meeting the corresponding ozone CT values for the applicable water temperature, as described in subparagraph (a) of this paragraph.

CT VALUES (MG·MIN/L) FOR Cryptosporidium INACTIVATION BY OZONE Water Temperature in °C Log Credit <=0.5 1 2 3 5 7 10 15 20 25 30 (i) 0.25.................... 6.0 5.8 5.2 4.8 4.0 3.3 2.5 1.6 1.0 0.6 0.39 (ii) 0.5 ......................... 12 12 10 9.5 7.9 6.5 4.9 3.1 2.0 1.2 0.78 (iii) 1.0 ........................ 24 23 21 19 16 13 9.9 6.2 3.9 2.5 1.6 (iv) 1.5.................... 36 35 31 29 24 20 15 9.3 5.9 3.7 2.4 (v) 2.0......................... 48 46 42 38 32 26 20 12 7.8 4.9 3.1 (vi) 2.5......................... 60 58 52 48 40 33 25 16 9.8 6.2 3.9 (vii) 3.0........................ 72 69 63 57 47 39 30 19 12 7.4 4.7 Systems may use this equation to determine log credit between the indicated values: Log credit = (0.0397 × (1.09757)

Tem p )

× CT.

(c) Site-specific study. The Department may approve alternate chlorine dioxide or ozone CT values to those listed in subparagraph (b) of this paragraph on a site-specific basis.

The Department must base this approval on a site-specific study a system conducts that follows a Department approved protocol.

(d) Ultraviolet light. Systems receive Cryptosporidium, Giardia lamblia, and virus treatment credits for ultraviolet (UV) light reactors by achieving the corresponding UV dose values shown in part 1. of this subparagraph. Systems must validate and monitor UV reactors as described in parts 2. and 3. of this subparagraph to demonstrate that they are achieving a particular UV dose value for treatment credit.

The treatment credits listed in this table are for UV light at a wavelength of 254 nm as produced by a low pressure mercury vapor lamp. To receive treatment credit for other lamp types, systems must demonstrate an equivalent germicidal dose through reactor validation testing, as described in part 2. of this subparagraph. The UV dose values of this table are applicable only to post-filter applications of UV in filtered systems and to unfiltered systems.

UV DOSE TABLE FOR CRYPTOSPORIDIUM, GIARDIA LAMBLIA, AND VIRUS INACTIVATION CREDIT

Log Credit Cryptosporidium UV dose (mJ/cm )

Giardia lamblia UV dose (mJ/cm )

Virus UV dose (mJ/cm )

(i) 0.5 . 1.6 1.5 39 (ii) 1.0 2.5 2.1 58 (iii) 1.5 3.9 3.0 79 (iv) 2.0 5.8 5.2 100 (v) 2.5 8.5 7.7 121 (vi) 3.0 12 11 143 (vii) 3.5 15 15 163 (viii) 4.0 22 22 186 2. Reactor validation testing. Systems must use UV reactors that have undergone validation testing to determine the operating conditions under which the reactor delivers the UV dose required in part 1. of this subparagraph (i.e., validated operating conditions). These operating conditions must include flow rate, UV intensity as measured by a UV sensor, and UV lamp status.

(i) When determining validated operating conditions, systems must account for the following factors: UV absorbance of the water; lamp fouling and aging; measurement uncertainty of on-line sensors; UV dose distributions arising from the velocity profiles through the reactor; failure of UV lamps or other critical system components; and inlet and outlet piping or channel configurations of the UV reactor.

(ii) Validation testing must include the following: Full scale testing of a reactor that conforms uniformly to the UV reactors used by the system and inactivation of a test microorganism whose dose response characteristics have been quantified with a low pressure mercury vapor lamp.

(iii) The Department may approve an alternative approach to validation testing.

Reactor monitoring.

(i) Systems must monitor their UV reactors to determine if the reactors are operating within validated conditions, as determined under part 2 of this subparagraph. This monitoring must include UV intensity as measured by a UV sensor, flow rate, lamp status, and other parameters the Department designates based on UV reactor operation. Systems must verify the calibration of UV sensors and must recalibrate sensors in accordance with a protocol the Department approves.

(ii) To receive treatment credit for UV light, systems must treat at least 95 percent of the water delivered to the public during each month by UV reactors operating within validated conditions for the required UV dose, as described in parts 1. and 2. of this subparagraph. Systems must demonstrate compliance with this condition by the monitoring required under subpart (i) of this part.

(22) Reporting requirements.

(a) Systems must report sampling schedules under paragraph (3) of this rule and source water monitoring results under paragraph (7) of this rule unless they notify the Department that they will not conduct source water monitoring due to meeting the criteria of subparagraph (2)(d) of this rule.

(b) Systems must report the use of uncovered finished water storage facilities to the Department as described in paragraph (15) of this rule.

(d) Unfiltered systems must report their mean source water Cryptosporidium level as described in paragraph (13) of this rule.

(e) Systems must report disinfection profiles and benchmarks to the Department as described in paragraphs (9) and (10) of this rule prior to making a significant change in disinfection practice.

(f) Systems must report to the Department in accordance with the following table for any microbial toolbox options used to comply with treatment requirements under paragraph (12) or (13) of this rule. Alternatively, the Department may approve a system to certify operation within required parameters for treatment credit rather than reporting monthly operational data for toolbox options.

MICROBIAL TOOLBOX REPORTING REQUIREMENTS

Toolbox option Systems must submit the following information On the following schedule (1) Watershed control program (W CP)

(i) Notice of intention to develop a new or continue an existing watershed control program.

No later than two years before the applicable treatment compliance date in paragraph (14) of this rule.

(ii) Watershed control plan. No later than one year before the applicable treatment compliance date in paragraph (14) of this rule.

(iii) Annual watershed control program status report.

Every 12 months, beginning one year after the applicable treatment compliance date in paragraph (14) of this rule.

(iv) Watershed sanitary survey report. For community water systems, every three years beginning three years after the applicable treatment compliance date in paragraph (14) of this rule. For noncommunity water systems, every five years beginning five years after the applicable treatment compliance date in paragraph (14) of this rule.

(2) Alternative source/intake Verification that system has relocated No later than the applicable treatment management the intake or adopted the intake withdrawal procedure reflected in monitoring results. compliance date in paragraph (14) of this rule.

(3) Presedimentation Monthly verification of the following:

(i) Continuous basin operation;

(ii) Treatment of 100% of the flow;

(iii) Continuous addition of a coagulant; and (iv) At least 0.5-log mean reduction of influent turbidity or compliance with alternative Departmentapproved performance criteria.

Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(4) Two-stage lime softening Monthly verification of the following:

(i) Chemical addition and hardness precipitation occurred in two separate and sequential softening stages prior to filtration; and (ii) Both stages treated 100% of the plant flow.

Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(5) Bank filtration (i) Initial demonstration of the following:

(A) Unconsolidated, predominantly sandy aquifer;

(B) Setback distance of at least 25 ft. (0.5-log credit) or 50 ft.

(1.0-log credit); and No later than the applicable treatment compliance date in paragraph (14) of this rule.

(ii) If monthly average of daily max turbidity is greater than 1 NTU then system must report result and submit an assessment of the cause.

Report within 30 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(6) Combined filter performance Monthly verification of combined filter effluent (CFE) turbidity levels less than or equal to 0.15 NTU in at least 95 percent of the 4 hour CFE measurements taken each month.

Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(7) Individual filter performance Monthly verification of the following:

(i) Individual filter effluent (IFE) turbidity levels less than or equal to 0.15 NTU in at least 95 percent of samples each month in each filter; and (ii) No individual filter greater than 0.3 NTU in two consecutive readings 15 minutes apart.

Monthly reporting within 10 days following the month in which the monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(8) Demonstration of performance (i) Results from testing following a Department approved protocol.

(ii) As required by the Department, monthly verification of operation within conditions of Department approval for demonstration of performance credit.

No later than the applicable treatment compliance date in paragraph (14) of this rule. Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(9) Bag filters and cartridge (i) Demonstration that the following criteria are met:

(A) filters. Process meets the definition of bag or cartridge filtration;

(B) Removal efficiency established through challenge testing that meets criteria in this subpart.

(ii) Monthly verification that 100% of plant flow was filtered.

No later than the applicable treatment compliance date in paragraph (14) of this rule.

W ithin 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(10) Membrane filtration (i) Results of verification testing demonstrating the following:

No later than the applicable treatment compliance date in paragraph (14).

(A) Removal efficiency established through challenge testing that meets criteria in this subpart;

(B) Integrity test method and parameters, including resolution, sensitivity, test frequency, control limits, and associated baseline.

(ii) Monthly report summarizing the following:

(A) All direct integrity tests above the control limit;

(B) If applicable, any turbidity or alternative Departmentapproved indirect integrity monitoring results triggering direct integrity testing and the corrective action that was taken.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(11) Second stage filtration Monthly verification that 100% of flow was filtered through both stages and that first stage was preceded by coagulation step.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

Slow sand filtration (as secondary filter)

Monthly verification that both a slow sand filter and a preceding separate stage of filtration treated 100% of flow from subpart H sources.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(13) Chlorine dioxide Summary of CT values for each day as described in paragraph (21) of this

rule.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(14) Ozone Summary of CT values for each day as described in paragraph (21) of this

rule.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(15) UV (i) Validation test results demonstrating operating conditions that achieve required UV dose.

(ii) Monthly report summarizing the percentage of water entering the distribution system that was not treated by UV reactors operating within validated conditions for the required dose as specified in subparagraph (21)(d) of this rule.

No later than the applicable treatment compliance date in paragraph (14) of this rule.

Within 10 days following the month in which monitoring was conducted, beginning on the applicable treatment compliance date in paragraph (14) of this rule.

(23) Recordkeeping requirements.

(a) Systems must keep results from the initial round of source water monitoring under subparagraph (2)(a) of this rule and the second round of source water monitoring under subparagraph (2)(b) of this rule until 3 years after bin classification under paragraph (11) of this rule for filtered systems or determination of the mean Cryptosporidium level under paragraph (11) of this rule for unfiltered systems for the particular round of monitoring.

(b) Systems must keep any notification to the Department that they will not conduct source water monitoring due to meeting the criteria of subparagraph (2)(d) of this rule for 3 years.

(c) Systems must keep the results of treatment monitoring associated with microbial toolbox options under paragraphs (17) through (21) of this rule and with uncovered finished water reservoirs under paragraph (15) of this rule, as applicable, for 3 years.

(24) Requirements to respond to significant deficiencies identified in sanitary surveys performed by the Department or EPA.

(a) A sanitary survey is an onsite review of the water source (identifying sources of contamination by using results of source water assessments where available), facilities, equipment, operation, maintenance, and monitoring compliance of a PWS to evaluate the adequacy of the PWS, its sources and operations, and the distribution of safe drinking water.

(b) For the purposes of this paragraph, a significant deficiency includes a defect in design, operation, or maintenance, or a failure or malfunction of the sources, treatment, storage, or distribution system that EPA determines to be causing, or has the potential for causing the introduction of contamination into the water delivered to consumers.

(c) For sanitary surveys performed by the Department or EPA, systems must respond in writing to significant deficiencies identified in sanitary survey reports no later than 45 days after receipt of the report, indicating how and on what schedule the system will address significant deficiencies noted in the survey.

(d) Systems must correct significant deficiencies identified in sanitary survey reports according to the schedule approved by the Department or EPA, or if there is no approved schedule, according to the schedule reported under subparagraph (c) of this paragraph if such deficiencies are within the control of the system.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.26 VOLATILE ORGANIC CHEMICAL SAMPLING, ANALYTICAL AND OTHER

REQUIREMENTS.

(1) Analysis of the contaminants listed in paragraph (2) of Rule 0400-45-01-.25 for the purpose of determining compliance with the maximum contaminant level shall be conducted as fol lows:

(a) Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). The Department may designate additional sampling points within the distribution system or at the consumer’s tap which more accurately determines consumer exposure. Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant or within the distribution system.

(b) Surface water systems shall take a minimum of one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment (hereafter called a sampling point). The Department may designate additional sampling points within the distribution system or at the consumer’s tap which more accurately determines consumer exposure. Each sample must be taken at the same sampling point unless conditions make another sampling point more representative of each source, treatment plant, or within the distribution system.

Surface water systems include systems with a combination of surface and ground sources.

(d) Each community and non-transient non-community water system shall take four consecutive quarterly samples for each contaminant listed in paragraph (2) of Rule

Tenn. Comp. R. & Regs. 0400-45-01-.40 GROUND WATER RULE

(1) General Requirements:

(a) The requirements of this rule constitute national primary drinking water regulations.

(b) This rule applies to all public water systems that use ground water except that it does not apply to public water systems that combine all of their ground water with surface water or with ground water under the direct influence of surface water prior to treatment under Rule 0400-45-01-.31. For purposes of this rule, “ground water system” is defined as any public water system meeting this applicability statement, including consecutive systems receiving finished ground water.

(c) All community public water systems designated as ground water systems for purposes of this rule which serve more than 50 connections or 150 persons, except for those systems excluded from the requirements of subparagraph (b) of this paragraph, must meet 4-log treatment of viruses by continuous chlorination (unless other disinfection methods are approved) before or at the first customer. Systems meeting 4-log inactivation and/or removal of viruses must be required to conduct compliance monitoring, the monitoring requirements under subparagraphs (4)(b) and (c) of this

rule. Systems meeting the 4-log inactivation and/or removal of viruses are still subject to sanitary surveys, corrective action when deficiencies are identified and associated public notices under this rule. In no case shall contact time be less than 15 minutes.

(d) Systems subject to this rule must comply with the following requirements:

Sanitary survey information requirements for all ground water systems as described in paragraph (2) of this rule.
Microbial source water monitoring requirements for ground water systems that do not treat all of their ground water to at least 99.99 percent (4-log) treatment of viruses (using inactivation, removal, or a Department-approved combination of 4log virus inactivation and removal) before or at the first customer as described in paragraph (3) of this rule.
Treatment technique requirements, described in paragraph (4) of this rule, that apply to ground water systems that have fecally contaminated source waters, as determined by source water monitoring conducted under paragraph (3) of this

rule, or that have significant deficiencies that are identified by the Department or that are identified by the Environmental Protection Agency under section 1445 of the Safe Drinking Water Act. A ground water system with fecally contaminated source water or with significant deficiencies subject to the treatment technique requirements of this rule must implement one or more of the following corrective action options: correct all significant deficiencies; provide an alternate source of water; eliminate the source of the contamination; or provide treatment that reliably achieves at least 4-log treatment of viruses (using inactivation, removal, or a Department-approved combination of 4-log virus inactivation and removal) before or at the first customer.

Ground water systems that provide at least 4-log treatment of viruses (using inactivation, removal, or a Department-approved combination of 4-log virus inactivation and removal) before or at the first customer are required to conduct compliance monitoring to demonstrate treatment effectiveness, as described in subparagraph (4)(b) of this rule.
If requested by the Department, ground water systems must provide the Department with any existing information that will enable the Department to perform a hydrogeologic sensitivity assessment. For purposes of this rule, “hydrogeologic sensitivity assessment” is a determination of whether ground water systems obtain water from hydrogeologically sensitive settings.

(e) Ground water systems must comply, unless otherwise noted, with the requirements of this rule beginning December 1, 2009.

(2) Sanitary Surveys for Ground Water Systems (a) Ground water systems must provide the Department, at the Department’s request, any existing information that will enable the Department to conduct a sanitary survey.

(b) For the purposes of this rule, a “sanitary survey,” as conducted by the Department, includes but is not limited to, an onsite review of the water source(s) (identifying sources of contamination by using results of source water assessments or other relevant information where available), facilities, equipment, operation, maintenance, and monitoring compliance of a public water system to evaluate the adequacy of the system, its sources and operations and the distribution of safe drinking water. Sanitary surveys for the purpose of this paragraph include the applicable components listed parts 1. through 8. of this subparagraph.

Source 2. Treatment 3. Distribution system 4. Finished water storage 5. Pumps, pump facilities, and controls, 6. Monitoring, reporting, and data verification, 7. System management and operation, and 8. Operator compliance with Department requirements.

(3) Ground water source microbial monitoring and analytical methods.

(a) A ground water system must conduct triggered source water monitoring if the conditions identified in parts 1. and either part 2. or 3. of this subparagraph exist.

The system does not provide at least 4-log treatment of viruses (using inactivation, removal or a Department-approved combination of 4-log virus inactivation and removal) before or at the first customer for each ground water source; and 2. The system is notified that a sample collected under paragraph (1) of Rule 0400- 45-01-.07 is total coliform-positive and the sample is not invalidated under paragraph (3) of Rule 0400-45-01-.07 until March 31, 2016; or 3. The system is notified that a sample collected under paragraphs (4) through (7) of Rule 0400-45-01-.41 is total coliform-positive and the sample is not invalidated under subparagraph (3)(c) of Rule 0400-45-01-.41 beginning April 1, 2016.

(b) A ground water system must collect, within 24 hours of notification of the total coliformpositive sample, at least one ground water source sample from each ground water source in use at the time the total coliform-positive sample was collected under paragraph (1) of Rule 0400-45-01-.07 until March 31, 2016, or collected under paragraphs (4) through (7) of Rule 0400-45-01-.41 beginning April 1, 2016, except as provided in part 2 of this subparagraph.

The Department may extend the 24-hour time limit on a case-by-case basis if the system cannot collect the ground water source sample within 24 hours due to circumstances beyond its control. In the case of an extension, the Department must specify how much time the system has to collect the sample.
If approved by the Department, systems with more than one groundwater source may meet the requirements of this subparagraph by sampling representative groundwater source or sources. If directed by the Department, systems must submit for Department approval a triggered source water monitoring plan that identifies one or more groundwater sources that are representative of each monitoring site in the system’s sample siting plan under paragraph (1) of Rule

Tenn. Comp. R. & Regs. 0400-45-01-.22 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.23 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.24 SODIUM MONITORING

(1) Suppliers of water for community public water systems shall collect and analyze one sample per plant at the entry point of the distribution system for the determination of sodium concentration levels. Samples must be collected and analyzed annually for systems utilizing surface water sources in whole or in part, and at least every three years for systems utilizing solely ground water sources. The minimum number of samples required to be taken by the system shall be based on the number of treatment plants used by the system, except that multiple wells drawing raw water from a single aquifer may be considered one treatment plant for determining the minimum number of samples. The supplier of water may be required by the Department to collect the analyze water samples for sodium more frequently in locations where the sodium content is variable.

(2) The supplier of water shall report to the Department the results of the analyses for sodium within the first 10 days of the month following the month in which the sample results were received or within the first 10 days following the end of the required monitoring period whichever of these is first. If more than annual sampling is required, the supplier shall report the average sodium concentration within 10 days of the month following the month in which the analytical results of the last sample used for the annual average was received.

(3) The supplier of water shall notify appropriate local and state public health officials of the sodium levels by written notice by direct mail within three months. A copy of each notice required to be provided by this paragraph shall be sent to the Department within 10 days of its issuance.

(4) Analyses for sodium shall be performed by conducting analysis using inductively coupled plasma, EPA Method 200.7 or by using Standard Method 3111B.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.25 during each compliance period beginning in the initial compliance period.

(e) If the initial monitoring for contaminants listed in paragraph (2) of Rule 0400-45-01-.25 has been completed by December 31, 1992, and none of the contaminants were detected, then each ground and surface water system shall take one sample annually beginning with the initial compliance period.

(f) After a minimum of three years of annual sampling, ground water systems which have not detected any contaminant listed in paragraph (2) of Rule 0400-45-01-.25 shall take one sample during each compliance period.

(g) If a contaminant listed in paragraph (2) of Rule 0400-45-01-.25 is detected at a level exceeding 0.0005 mg/l in any sample, then:

The system must monitor quarterly at each sampling point which resulted in a detection.
The Department may decrease the quarterly monitoring requirement provided it has determined that the system is below the maximum contaminant level. In no case shall this determination be made unless a groundwater system takes a minimum of two quarterly samples and a surface water system takes a minimum of four quarterly samples.
If the Department determines that the system is reliably and consistently below the MCL, the Department may allow the system to monitor annually. Systems which monitor annually must monitor during the quarter(s) which previously yielded the highest analytical result.

(h) Systems which violate the maximum contaminant level for the contaminants listed in paragraph (2) of Rule 0400-45-01-.25 must monitor quarterly. After a minimum of four quarterly samples shows the system is in compliance with the MCL and the Department determines that the system is below the maximum contaminant level, the system may monitor annually during the quarter which previously yielded the highest result.

Results of documented sampling errors may be deleted provided the Department approves.

If the concentration in the composite sample is greater than or equal to 0.0005 mg/l for any contaminant listed in Rule 0400-45-01-.25, then a follow-up sample must be taken and analyzed within 14 days from each sampling point included in the composite.
If duplicates of the original sample taken from each sampling point used in the original composite are available, the system may use the duplicate samples instead of resampling. The duplicate must be analyzed and the results reported to the Department within 14 days of collection.
If the population served by the system is >3,300 persons, then compositing may only be permitted at sampling points within the system itself. In systems serving 3,300 or less persons compositing among different systems provided the 5sample limit is maintained is permitted.
Compositing samples prior to GC analysis:

(i) Add 5 ml or equal larger amounts of each sample (up to 5 samples are allowed) to a 25 ml glass syringe. Special precautions must be made to maintain zero headspace in the syringe.

(ii) The samples must be cooled at 4°C during this step to minimize volatilization losses.

(iii) Mix well and draw out a 5-ml aliquot for analysis.

(iv) Follow sample introduction, purging, and desorption steps described in the applicable and approved method.

(v) If less than five samples are used for compositing, a proportionately smaller syringe may be used.

Compositing samples prior to GC/MS analysis:

(i) Inject 5-ml or equal larger amounts of each aqueous sample (up to 5 samples are allowed) into a 25-ml purging device using the sample introduction technique described in the method.

(ii) The total volume of the sample in the purging device must be 25 ml.

(iii) Purge and desorb as described in the applicable and approved method.

(k) Compliance with paragraph (2) of Rule 0400-45-01-.25 shall be determined based on the analytical results obtained at each sampling point. If one sampling point is in violation of an MCL, the system is in violation of the MCL.

For systems monitoring more than once per year, compliance with the MCL is determined by a running average at each sampling point.
Systems monitoring annually or less frequently whose sample result exceeds the MCL must begin quarterly sampling. The system will not be considered in violation of the MCL until it has completed one year of quarterly sampling.
If any sample result will cause the running annual average to exceed the MCL, at any sampling point, the system is out of compliance with the MCL immediately.
If a system fails to collect the required number of samples, compliance will be based on the total number of samples collected.
If a sample result is less than the detection limit, zero will be used to calculate the annual average.

(l) Analysis for the contaminants listed in paragraph (2) of Rule 0400-45-01-.25 shall be conducted using methods described in paragraphs (2) and (5) of this rule.

(m) The Department may allow the use of monitoring data collected after January 1, 1988, for the purposes of monitoring compliance. If the data are generally consistent with the other requirements in this rule, the Department may approve the use of such data, (i.e., a single sample rather than four quarterly samples) to satisfy the initial monitoring requirements of subparagraph (1)(d) of this rule.

(n) The Department may increase required monitoring where necessary to detect variations in the quality of the water produced by the system.

(o) Each approved laboratory must determine the method detection limit (MDL) as defined in Appendix B, 40 Code of Federal Regulations Part 136 at which it is capable of detecting VOCs. The acceptable MDL is 0.0005 mg/l. This concentration is the detection concentration for purposes of this rule.

(p) The Department may specify times within a compliance period for a public water system to complete its monitoring activity to insure that existing laboratory capacity is not exceeded.

(2) Reserved (3) Analysis for vinyl chloride is required only of ground water systems that have detected one or more of the following two-carbon Organic Chemicals:

Trichloroethylene Tetrachloroethylene 1, 2-Dichloroethane 1, 1, 1-Trichloroethane Cis-1, 2-dichloroethylene Trans-1, 2-dichloroethylene 1,1-Dichloroethylene (4) The analysis for vinyl chloride is required at each distribution or entry point at which one or more of the two-carbon organic compounds listed in paragraph (3) of this rule were found. If the first analysis does not detect vinyl chloride, the system may, upon written notification to the Department, reduce the frequency of vinyl chloride monitoring to a minimum of once every three years for that sample location or other sample locations which are more representative of the same source.

(5) Reserved (6) Each community and non-transient water system which does not detect a contaminant listed in paragraph (2) of Rule 0400-45-01-.25 may apply to the Department for a waiver from the requirement of subparagraphs (1)(d) and (e) of this rule after completing the initial monitoring.

(For the purpose of this paragraph, detection is defined as > 0.0005 mg/l.) A waiver shall be effective for no more than six years (two compliance periods).

A system must provide the following data and analysis to the Department with a request for a waiver:

(a) Any previous use (including transport, storage, and/or disposal) of a contaminant within the watershed or zone of influence;

(b) Previous analytical results;

Point sources include spills and leaks of chemicals at or near a water treatment facility or at manufacturing, distribution, or storage facilities, or from hazardous and municipal waste landfills and other waste handling or treatment facilities;

(d) The environmental persistence and transport of the contaminants;

(e) The number of persons served by the public water system and the proximity of a smaller system to a larger system;

(f) How well the water source is protected against contamination such as whether it is a surface or ground water system. Ground water systems must consider factors such as depth of the well, the type of soil, and wellhead protection. Surface water systems must consider watershed protection; and (g) Any other information required by the Department.

(7) The Department shall determine a reduced monitoring frequency which the system must implement, if the waiver is granted. The Department shall consider the following factors to determine the reduced monitoring frequency:

(a) The watershed recharge area; and (b) The type of risks of contamination to the water source.

The Department shall either grant or deny a request for the waiver. The Department will notify the system of the decision, in writing, with the basis for the decision and any reduced monitoring frequency, if the waiver is granted. The term of a waiver shall not exceed six (6) years (two compliance periods).

A system which has been granted a waiver pursuant to this rule, must take a minimum of one (1) sample during the term of the waiver regardless of the reduced monitoring frequency.

A waiver for monitoring under this rule may be initiated by the Department or upon written request of the system as set forth in paragraph (6) of this rule. The Department shall review and, where appropriate, revise its determination of the appropriate monitoring frequency when the system submits new monitoring data or when other relevant data or information becomes available. A system must reapply for a waiver for each compliance period.

(8) As a condition of the waiver, a system must take one sample at each sampling point during the time the waiver is effective (i.e., one sample during two compliance periods or six years), and update its vulnerability assessment considering the factors listed in paragraph (7) of this

rule. Based on this vulnerability assessment, the Department must confirm that the system is non-vulnerable. If the Department does not make this reconfirmation within three years of the initial determination, then the waiver is invalidated and the system is required to sample annually as specified in subparagraph (1)(c) of this rule. Surface systems shall monitor at the frequency specified by the Department (if any).

(9) All new systems or systems that use a new source of water must demonstrate compliance with the MCL within a period of time specified by the Department. The system must also comply with the initial sampling frequencies specified by the Department to ensure a system can demonstrate compliance with the MCL. Routine and increased monitoring frequencies shall be conducted in accordance with the requirements of this rule.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.27 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.28 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.29 USE OF NON-CENTRALIZED TREATMENT DEVICES

(1) Public water systems shall not use bottled water or point-of-use devices to achieve compliance with an MCL. Bottled water or point-of-use devices may be used on a temporary

basis to avoid an unreasonable risk to health.

(2) Public water systems may use point-of-entry devices to comply with maximum contaminant levels only if they meet the following requirements.

(a) It is the responsibility of the public water system to operate and maintain the point-ofentry treatment system, and (b) The public water system must develop and obtain Departmental approval for the monitoring plan before point-of-entry devices are installed for compliance. Under the plan approved by the Department, point-of-entry devices must provide health protection equivalent to central water treatment. “Equivalent” means that the water would meet all Primary Drinking Water Standards and would be of acceptable quality similar to water distributed by a well-operated central treatment plant. In addition to the VOCs, monitoring must include physical measurements and observations such as total flow treated and mechanical condition of the treatment equipment.

(3) Engineering reports and construction documents must be submitted to and approved by the Department in accordance with Rule 0400-45-01-.05.

(4) The design and application of the point-of-entry device must consider the tendency for increase in heterotrophic bacteria concentrations in water treated with activated carbon. It may be necessary to use frequent backwashing, post-contactor disinfection, and Heterotrophic Plate Count monitoring to ensure that the microbiological safety of the water is not compromised.

(5) Every building connected to the system must have a point-of-entry device installed, maintained, and adequately monitored. The public water system must certify that every building is subject to treatment and monitoring and that the rights and responsibilities of the public water system customer convey with title upon sale of property.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.30 RESERVED

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.32 FEES FOR PUBLIC WATER SYSTEMS

(1) Annual facility maintenance fee - On the due date specified in the invoice from the Department, all public water systems shall pay the following fees to the Department:

(a) Community Water Systems 1. All community water systems, except as provided for in parts 2. and 3. of this subparagraph, shall pay fees based on the number of service connections as shown below:

Number of Connections (i) greater than 200,000 connections $105,000 plus $0.35 per each connection for each connection over 200,000 (ii) 100,001-200,000 connections $75,000 plus $0.45 per each connection over 100,000 (iii) 50,000-100,000 connections $47,500 plus $0.55 per each connection over 50,000 (iv) 30,001-49,999 connections $37,500 plus $0.65 per each connection over 30,000 (v) 250-30,000 connections $1.30 per connection (vi) less than 250 connections $300 (i) For the purposes of calculating population served and facility maintenance fees, public water systems serving multi-family dwellings such as apartment complexes and mobile home parks shall count each separate dwelling unit as a connection and shall add the number of dwellings to the total number of connections served by the system unless each dwelling unit is billed separately by the water system and is already counted as an individual connection.

Systems with less than 15 service connections that are strictly wholesalers of water:

(i) Surface water source $2,000 (ii) Ground water source $400 3. State facilities:

(i) Surface water source $2,000 (ii) Ground water source $250 The number of connections and population will be based on the latest sanitary survey conducted by the Department.

(b) Non-Community Water Systems 1. Non-Transient Non-Community Water Systems (i) Schools $300 (ii) Industries (surface water source) $2,000 (iii) Industries (ground water source) $250 2. Transient Non-Community Water Systems (i) Churches $100 (ii) All others including, but not limited to, restaurants, campgrounds, motels, and rest areas $200 Surface water systems include those systems that use surface water in whole or in

part.

(c) Facility maintenance fee invoices will be prepared and mailed to each water utility at least 45 days prior to the due date. If any part of any fee imposed under this paragraph is not paid within fifteen (15) days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.

(d) Any person required to pay fees set forth under this paragraph who disagrees with the calculation or applicability of the fee may petition the Water Quality Control Board for a hearing. In order to perfect the hearing, a petition for a hearing together with the total amount of the fee due must be received by the Commissioner not later than fifteen days after the due date. If it is finally determined that the amount in dispute was improperly assessed, the Commissioner shall return the amount determined to be improperly assessed with interest.

(e) Any water system discovered to be a public water system during the course of a fiscal year will owe the full fee on the date specified in the invoice.

(f) Any new public water system that begins operation after October 1, 1991, will owe the full fee on the date specified by the invoice.

(2) (a) Plans Review Fee – Beginning July 1, 1992, any person submitting non-transient noncommunity and community water system plans for approval shall be required to pay the fees listed in parts 1. through 14. of this subparagraph for the purpose of plans review.

Transient non-community water systems shall be required to pay the fee listed in part 13. of this subparagraph. The fees apply to new facilities as well as the expansion or modification of existing facilities. If the submittal includes multiple activities, the fee will be the sum of the fees listed for each individual activity. Approval of plan documents will not be granted until all fees required by parts 1. through 14. of this subparagraph are paid in full. Units of local government which have been granted plans review

authority in accordance with T.C.A. § 68-221-706 shall pay an annual fee of $1,000.

Failure of local governments to pay this fee will be cause for the revocation of plans review authority.

Type Activity Fee Schedule 1. Well or Spring Development $ 200 2. Chemical Control Plant $ 400 3. Disinfection System (i) Gaseous $ 300 (ii) Hypochlorinator $ 150 4. Filter Plant $ 1000 5. Pump Station $ 250 6. Tank $ 225 7. Standard Specifications $ 100 8. Tank Coating $ 50 9. Sludge Treating $ 150 10. Distribution Lines (i) Less than 1000 feet $ 100 (ii) Greater than 1000 feet $ 100 + $.01/ft 11. Change Orders $ 50 12. Review of Operations and Maintenance Manuals $ 150 13. New Raw Water Source and Site Evaluation for Public Water Systems and Water Bottling Operations $ 300 14. Site Evaluation for Water Treatment Sludge Use $ 300 15. Miscellaneous (Includes other items not specifically mentioned above) $ 50 (b) The Department shall complete its review of plan documents within thirty days of the receipt of plans containing sufficient information to allow the Department to make the necessary determinations. Fees will not be refunded for projects that are not approved or that are withdrawn voluntarily by the applicant. Plans resubmitted within 30 days of an initial denial will be reviewed without additional fees provided the scope of the project has not changed.

(c) Penalties and interest on late payments shall be computed as specified in subparagraph (1)(c) of this rule. Appeals shall be perfected as specified in subparagraph (1)(d) of this rule.

(3) Sanitary Survey Re-inspection Fee. A public water system requesting a re-inspection of the system pursuant to subparagraph (4)(e) of Rule 0400-45-01-.07 shall be required to pay a fee for the cost of the re-inspection. The fee shall be based on the number of connections and the complexity of the water plant as follows:

(a) Community water systems with 10,000 or greater connections $750 (b) Community water systems with 1,000 to 9,999 connections $500 (c) Community water systems with 100 to 999 connections $250 (d) Community water systems with less than 100 connections and noncommunity water systems $150 (e) Community water systems with less than fifteen (15) service connections that are strictly wholesalers of water: $500

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.33 CONTROL OF LEAD AND COPPER

(1) General Requirements (a) Applicability 1. The requirements of this rule constitute primary drinking water regulations for lead and copper. Unless otherwise indicated each of the provisions of this rule apply to community and non-transient, non-community water systems.

Reserved (b) Scope. These regulations establish a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. These actions are triggered, in some cases, by lead and copper action levels measured in samples collected at consumers’ tap.

The lead action level is exceeded if the concentration of lead in more than 10 percent of tap water samples collected during any monitoring period is greater than 0.015 mg/l (i.e., if the “90th percentile” lead level is greater than 0.015 mg/l).
The copper action level is exceeded if the concentration of copper in more than 10 percent of tap water samples collected during any monitoring period is greater than 1.3 mg/l (i.e., if the “90th percentile” copper level is greater than 1.3 mg/l).
The 90th percentile lead and copper levels shall be computed as follows:

(i) The results of all lead or copper samples taken during a monitoring period shall be placed in ascending order from the sample with the lowest concentration to the sample with the highest concentration. Each sampling result shall be assigned a number, ascending by single integers beginning with the number 1 for the sample with the lowest contaminant level. The number assigned to the sample with the highest contaminant level shall be equal to the total number of samples taken.

(ii) The number of samples taken during the monitoring period shall be multiplied by 0.9.

(iii) The contaminant concentration in the numbered sample yielded by the calculation in subpart (ii) of this part is the 90th percentile contaminant level.

(iv) For water systems serving fewer than 100 people that collect 5 samples per monitoring period, the 90th percentile is computed by taking the average of the highest and second highest concentrations.

(v) For a public water system that has been allowed by the Department to collect fewer than five samples in accordance with subparagraph (7)(c) of this rule, the sample result with the highest concentration is considered the 90th percentile value.

(d) Corrosion control treatment requirements.

All water systems shall install and operate optimal corrosion control treatment as defined in Rule 0400-45-01-.04.
Any water system that complies with the applicable corrosion control treatment requirements set forth in paragraphs (2) and (3) of this rule shall be deemed in compliance with the treatment requirement contained in part 1. of this subparagraph.

(e) Source water treatment requirements. Any system exceeding the lead or copper action level shall implement all applicable source water treatment requirements set forth in paragraph (4) of this rule.

(f) Lead service line replacement. Any system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements set forth in paragraph (5) of this rule.

(g) Public education requirements. Pursuant to paragraph (6) of this rule, all water systems must provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. Any system exceeding the lead action level shall implement the public education requirements set forth in paragraph (6) of this rule.

(h) Monitoring and analytical requirements. Tap water monitoring for lead and copper, monitoring for water quality parameters, source water monitoring for lead and copper, and analysis of the monitoring results shall be completed in compliance with paragraphs (7), (8), (9) and (10) of this rule.

(i) Reporting Requirements. Systems shall report to the Department any information required by the treatment provisions of this rule.

(j) Recordkeeping requirements. Systems shall maintain records in accordance with paragraph (12) of this rule.

(k) Violation of primary drinking water regulations. Failure to comply with the applicable requirements of this rule, including requirements established by the Department pursuant to these provisions, shall constitute a violation of the primary drinking water regulations for lead and/or copper.

(2) Applicability of corrosion control treatment steps to small, medium and large water systems.

(a) Systems shall complete the applicable corrosion control treatment requirements described in paragraph (3) of this rule by the deadlines established in this paragraph.

A large system (serving > 50,000 persons) shall complete the corrosion control treatment steps specified in subparagraph (d) of this paragraph, unless it is deemed to have optimized corrosion control under part (b)2. or 3. of this paragraph.
A small system (serving < 3300 persons) and a medium-size system (serving > 3,300 and < 50,000 persons) shall complete the corrosion control treatment steps of specified in subparagraph (e) of this paragraph, unless it is deemed to have optimized corrosion control under part (b)1., 2. or 3. of this paragraph.

(b) A system is deemed to have optimized corrosion control and is not required to complete the applicable corrosion control treatment steps identified if the system satisfies one of the criteria specified in parts 1. through 3. of this subparagraph. Any such system deemed to have optimized corrosion control under this paragraph, and which has treatment in place, shall continue to operate and maintain optimal corrosion control treatment and meet any requirements that the Department determines appropriate to ensure optimal corrosion control treatment is maintained.

A small or medium-size water system is deemed to have optimized corrosion control if the system meets the lead and copper action levels during each of two consecutive six-month monitoring periods conducted in accordance with paragraph (7) of this rule.
Any water system may be deemed by the Department to have optimized corrosion control treatment if the system demonstrates to the satisfaction of the Department that it has conducted activities equivalent to the corrosion control steps applicable to such system under this paragraph. If the Department makes this determination, it shall provide the system with written notice explaining the

basis for its decision and shall specify the water quality control parameters representing optimal corrosion control in accordance with subparagraph (3)(f) of this rule. Water systems deemed to have optimized corrosion control under this paragraph shall operate in compliance with the Department-designated optimal water quality control parameters in accordance with subparagraph (3)(g) of this

rule and continue to conduct lead and copper tap and water quality parameter sampling in accordance with part (7)(d)3. and subparagraph (8)(d) of this rule, respectively. A system shall provide the Department with the following information in order to support a determination under this paragraph:

(i) The results of all test samples collected for each of the water quality parameters in part (3)(c)3. of this rule.

(ii) A report explaining the test methods used by the water system to evaluate the corrosion control treatments listed in part (3)(c)1. of this rule. The results of all tests conducted, and the basis for the system’s selection of optimal corrosion control treatment;

(iii) A report explaining how corrosion control has been installed and how it is being maintained to insure minimal lead and copper concentrations at consumers’ taps;

(iv) The results of tap water samples collected in accordance with paragraph (7) of this rule at least once every six months for one year after corrosion control has been installed.

Any water system is deemed to have optimized corrosion control if it submits results of tap water monitoring conducted in accordance with paragraph (7) of this rule and source water monitoring conducted in accordance with paragraph (9) of this rule that demonstrates for two consecutive 6-month monitoring periods that the difference between the 90th percentile tap water lead level computed under part (1)(c)3. of this rule, and the highest source water lead concentration is less than the Practical Quantitation Level for lead specified in subpart (10)(a)1.(ii) of this rule.

(i) Those systems whose highest source water lead level is below the Method Detection Limit may also be deemed to have optimized corrosion control under this paragraph if the 90th percentile tap water lead level is less than or equal to the Practical Quantitation Level for lead for two consecutive 6month monitoring periods.

(ii) Any water system deemed to have optimized corrosion control in accordance with this paragraph shall continue monitoring for lead and copper at the tap no less frequently than once every three calendar years using the reduced number of sites specified in subparagraph (7)(c) of this

rule and collecting the samples at times and locations specified in subpart (7)(d)4.(iv) of this rule. Any such system that has not conducted a round of monitoring pursuant to subparagraph (7)(d) of this rule since September 30, 1997, shall complete a round of monitoring pursuant to this paragraph no later than September 30, 2000.

(iii) Any water system deemed to have optimized corrosion control pursuant to this paragraph shall notify the Department in writing pursuant to subparagraph (11)(a) of this rule of any upcoming long term change in treatment or addition of a new source as described in this rule. The Department must review and approve the addition of a new source or long term change in water treatment before it is implemented by the water systems. The Department may require any such system to conduct additional monitoring or to take other action the Department deems appropriate to ensure that such systems maintain minimal levels of corrosion in the distribution system.

(iv) As of July 12, 2001, a system is not deemed to have optimized corrosion control under this paragraph, and shall implement corrosion control treatment pursuant to subpart (v) of this part unless it meets the copper action level.

(v) Any system triggered into corrosion control because it is no longer deemed to have optimized corrosion control under this paragraph shall implement corrosion control treatment in accordance with the deadlines in subparagraph (e) of this paragraph. Any such large system shall adhere to the schedule specified in that paragraph for medium-size systems, with the time periods for completing each step being triggered by the date the system is no longer deemed to have optimized corrosion control under this paragraph.

(c) Any small or medium-size water system that is required to complete the corrosion control steps due to its exceedance of the lead or copper action level may cease completing the treatment steps whenever the system meets both action levels during each of two consecutive monitoring periods conducted pursuant to paragraph (7) of this

rule and submits the results to the Department. If any such water system thereafter exceeds the lead or copper action level during any monitoring period, the system shall recommence completion of the applicable treatment steps, beginning with the first treatment step which was not previously completed in its entirety. The Department may require a system to repeat treatment steps previously completed by the system where the Department determines that this is necessary to implement properly the treatment requirements of this paragraph. The Department shall notify the system in writing of such a determination and explain the basis for its decision that includes but is limited to the information required under part (b)2. of this paragraph. The requirement for any small or medium-size system to implement corrosion control treatment steps in accordance with subparagraph (e) of this paragraph (including systems deemed to have optimized corrosion control under part (b)1. of this paragraph) is triggered whenever any small or medium-size system exceeds the lead or copper action level.

(d) Treatment steps and deadlines for large systems. Except as provided in parts (b)2. and 3. of this paragraph, large systems shall complete the following corrosion control treatment steps [described in the referenced portions of paragraphs (3), (7) and (8) of this rule] by the indicated dates.

Step 1: The system shall conduct initial monitoring [part (7)(d)1. and subparagraph (8)(b) of this rule], during two consecutive six-month monitoring periods by January 1, 1993.
Step 2: The system shall complete corrosion control studies [subparagraph (3)(c) of this rule] by July 1, 1994.
Step 3: The Department shall designate optimal corrosion control treatment [subparagraph (3)(d) of this rule] by January 1, 1995.
Step 4: The system shall install optimal corrosion control treatment [subparagraph (3)(e) of this rule] by January 1, 1997.
Step 5: The system shall complete follow-up sampling by [part (7)(d)2. and subparagraph (8)(c) of this rule] by January 1, 1998.
Step 6: The Department shall review installation of treatment and designate optimal water quality control parameters [subparagraph (3)(f) of this rule] by July 1, 1998.
Step 7: The system shall continue thereafter to operate in compliance with the Department-specified optimal water quality control parameters [subparagraph (3)(g) of this rule] and continue to conduct tap sampling [part (7)(d)3. and subparagraph (8)(d) of this rule].

(e) Treatment steps and deadlines for small and medium-sized systems. Except as provided in subparagraph (b) of this paragraph, small and medium-size systems shall complete the following corrosion control treatment steps by the indicated time periods.

Step 1: The system shall conduct initial tap sampling until the system either exceeds the lead or copper action level or becomes eligible for reduced monitoring under part (7)(d)4. of this rule. A system exceeding the lead or copper action level shall recommend optimal corrosion control treatment [subparagraph (3)(a) of this rule] within six months after the end of the monitoring period during which it exceeds one of the action levels; and 2. Step 2: Within 12 months after the end of the monitoring period during which a system exceeds the lead or copper action level, the Department may require the system to perform corrosion control studies [subparagraph (3)(b) of this rule]. If the Department does not require the system to perform such studies, the Department shall specify optimal corrosion treatment pursuant to subparagraph (3)(d) of this rule within the following timeframes:

(i) for medium-size systems, within 18 months after the end of the monitoring period during which such system exceeds the lead or copper action level; and (ii) for small systems, within 24 months after the end of the monitoring period during which such system exceeds the lead or copper action level.

Step 3: If the Department requires a system to perform corrosion control studies under step 2, the system shall complete the studies within 18 months after the Department requires that such studies be conducted.
Step 4: If the system has performed corrosion control studies under step 2, the Department shall designate optimal corrosion treatment within 6 months after completion of step 3.
Step 5: The system shall install optimal corrosion control treatment within 24 months after the Department designates such treatment.
Step 6: The system shall complete follow-up sampling within 36 months after the Department designates optimal corrosion control treatment.
Step 7: The Department shall review the system’s installation of treatment and designate optimal water quality control parameters within 6 months after completion of step 6.
Step 8: The system shall continue thereafter to operate in compliance with the Department-designated optimal water quality control parameters and continue to conduct tap sampling.

(3) Description of corrosion control treatment requirements. Each system shall complete the corrosion control treatment requirement described in this paragraph, which are applicable to such a system as described in paragraph (2) of this rule.

(a) System recommendation regarding corrosion control treatment. Based upon the results of lead and copper tap monitoring and water quality parameter monitoring, small and medium-size water systems exceeding the lead or copper action level shall recommend installation of one or more of the corrosion control treatments listed in part (c)1. of this paragraph, which the system believes constitutes optimal corrosion control for that system. The Department may require the system to conduct additional water quality parameter monitoring in accordance with subparagraph (8)(b) of this rule to assist the Department in reviewing the system’s recommendation.

(b) The Department may require any small or medium-size system that exceeds the lead or copper action level to perform corrosion control studies under subparagraph (c) of this paragraph to identify optimal corrosion control treatment for the system.

Any public water system performing corrosion control studies shall evaluate the effectiveness of each of the following treatments, and, if appropriate, combinations of the following treatments to identify the optimal corrosion control treatment for that system:

(i) Alkalinity and pH adjustment;

(ii) Calcium hardness adjustment; and (iii) The addition of a phosphate or silicate based corrosion inhibitor at a concentration sufficient to maintain an effective residual concentration in all test tap samples.

The water system shall evaluate each of the corrosion control treatments using either pipe rig/loop tests, metal coupon tests, partial-system tests, or analyses based on documented analogous treatments approved by the Department with other systems of similar size, water chemistry and distribution system configuration.
The water system shall measure the following water quality parameters in any tests conducted under this paragraph before and after evaluating the corrosion control treatments listed in part 1. of this subparagraph:

(i) Lead;

(ii) Copper;

(iii) pH;

(iv) Alkalinity;

(v) Calcium;

(vi) Conductivity (vii) Orthophosphate (when an inhibitor containing a phosphate compound is used);

(viii) Silicate (when an inhibitor containing a silicate compound is used);

(ix) Water temperature; and (x) Other parameters identified by the Department.

The water system shall identify all chemical or physical constraints that limit or prohibit the use of a particular corrosion control treatment and document such constraints with at least one of the following:

(i) Data and documentation showing that a particular corrosion control treatment has adversely affected other water treatment processes when used by another water system with comparable water quality characteristics; and/or (ii) Data documentation demonstrating that the water system has previously attempted to evaluate a particular corrosion control treatment and has found that the treatment is ineffective or adversely affects other water quality treatment processes.

The water system shall evaluate the effect of the chemicals used for corrosion control treatment on other water quality treatment processes.
On the basis of an analysis of the data generated during each evaluation, the water system shall recommend to the Department, in writing, the treatment option that the corrosion control studies indicate constitutes optimal corrosion control treatment for that system. The water system shall provide a rationale for its recommendation along with all supporting documentation specified in parts 1. through 5. of this subparagraph.

(d) Department designation of optimal corrosion control treatment.

Based upon consideration of available information including, where applicable, studies performed under subparagraph (c) of this paragraph and a system’s recommended treatment alternative, the Department shall either approve the corrosion control treatment option recommended by the system, or designate alternative corrosion control treatment(s) from among those listed in part (c)1 of this paragraph. When designating optimal treatment the Department may consider the effects that additional corrosion control treatment will have on water quality parameters and on other water quality treatment processes.
The Department shall notify the system of its decision on optimal corrosion control treatment in writing and explain the basis for this determination. If the Department requests additional information to aid its review, the water system shall provide the information.

(e) Installation of optimal corrosion control. Each system shall properly install and operate throughout its distribution system the optimal corrosion control treatment designated by the Department under subparagraph (d) of this paragraph.

(f) Department review of treatment and specification of optimal water quality control parameters. The Department shall evaluate the results of all lead and copper tap samples and water quality parameter samples submitted by the water system and determine whether the system has properly installed and operated the optimal corrosion control treatment designated by the Department in subparagraph (d) of this paragraph. Upon reviewing the results of tap water and water quality parameter monitoring by the system, both before and after the system installs optimal corrosion control treatment, the Department shall designate at least the following:

A minimum value or a range of values for pH measured at each entry point to the distribution system;
A minimum pH value, measured in all tap samples. Such value shall be equal to or greater than 7.0, unless the Department determines that meeting a pH level of 7.0 is not technologically feasible or is not necessary for the system to optimize corrosion control;
If a corrosion inhibitor is used, a minimum concentration or a range of concentrations for the inhibitor, measured at each entry point to the distribution system and in all tap samples, that the Department determines is necessary to form a passivating film on the interior walls of the pipes of the distribution system;
If alkalinity is adjusted as part of optimal corrosion control treatment, a minimum concentration or a range of concentrations for alkalinity, measured at each entry point to the distribution system and in all tap samples;
If calcium carbonate stabilization is used as part of corrosion control, a minimum concentration or a range of concentrations for calcium, measured in all tap samples.

The values for the applicable water quality control parameters listed in this subparagraph shall be those that the Department determines to reflect optimal corrosion control treatment for the system. The Department may designate values for additional water quality control parameters determined by the Department to reflect optimal corrosion control for the system. The Department shall notify the system in writing of these determinations and explain the basis for its decisions.

(g) Continued operation and monitoring. All systems optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the Department under subparagraph (f) of this paragraph for all samples collected under subparagraphs (8)(d) through (f) of this rule. Compliance with the requirements of this paragraph shall be determined every six months, as specified by subparagraph (8)(d) of this rule. A water system is out of compliance with the requirements of this paragraph for a six-month period if it has excursions for any Department-specified parameter on more than nine days during the period. An excursion occurs whenever the daily value for one or more of the water quality parameters measured at a sampling location is below the minimum value or outside the range designated by the Department. Daily values are calculated as follows (the Department has the discretion to delete results of obvious sampling errors from this calculation):

On days when more than one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the average of all results collected during the day regardless of whether they are collected through continuous monitoring, grab sampling, or a combination of both. If EPA has approved an alternative formula under 40 CFR 142.16 in the Department’s application for a program revision submitted pursuant to 40 CFR 142.12, the Department’s formula shall be used to aggregate multiple measurements taken at a sampling point for the water quality parameter in lieu of the formula in this subparagraph.
On days when only one measurement for the water quality parameter is collected at the sampling location, the daily value shall be the result of that measurement.
On days when no measurement is collected for the water quality parameter at the sampling location, the daily value shall be the daily value calculated on the most recent day on which the water quality parameter was measured at the sample site.

(h) Modification of Department treatment decisions. Upon its own initiative or in response to a request by a water system, the Department may modify its determination of the optimal corrosion control treatment under subparagraph (d) of this paragraph or optimal water quality control parameters under subparagraph (f) of this paragraph. A request for modification by a system or other interested party shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The Department may modify its determination where it concludes that such change is necessary to ensure that the system continues to optimize corrosion control treatment.

A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the Department’s decision, and provide an implementation schedule for completing the treatment modifications.

(4) Source water treatment requirements. Systems shall complete the applicable source water monitoring and treatment requirements by the following deadlines.

(a) Deadlines for Completing Source Water Treatment Steps:

Step 1: A system exceeding the lead or copper action level shall complete lead and copper source water monitoring and make a treatment recommendation to the Department not later than 180 days after the end of the monitoring period during which the lead or copper action level was exceeded.
Step 2: The Department shall make a determination regarding source water treatment within 6 months after submission of monitoring results under step 1.
Step 3: If the Department requires installation of source water treatment the system shall install the treatment within 24 months after completion of step 2.
Step 4: The system shall complete follow-up tap water monitoring and source water monitoring within 36 months after completion of step 2.
Step 5: The Department shall review the system’s installation and operation of source water treatment and specify maximum permissible source water levels within 6 months after completion of step 4.
Step 6: The system shall continue thereafter to operate in compliance with the Department-specified maximum permissible lead and copper source water levels and continue source water monitoring in accordance with part (9)(d)4. of this

rule.

(b) Description of Source Water Treatment Requirements:

System treatment recommendation. Any system which exceeds the lead or copper action level shall recommend in writing to the Department the installation and operation of one of the source water treatments listed in part 2. of this subparagraph. A system may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users’ taps.
Department determination regarding source water treatment. The Department shall complete an evaluation of the results of all source water samples submitted by the water system to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users’ taps. If the Department determines, based on source water levels of lead and copper, that treatment is needed, the Department shall either require installation and operation of the source water treatment recommended by the system (if any) or require the installation and operation of another source water treatment from among the following: ion exchange, reverse osmosis, lime softening or coagulation/filtration. If the Department requests additional information to aid in its review, the water system shall provide the information by the date specified by the Department in its request. The Department shall notify the system in writing of its determination and set forth the basis for its decision.
Installation of source water treatment. Each system shall properly install and operate the source water treatment designated by the Department under part 2. of this subparagraph.
Department review of source water treatment and specification of maximum permissible source water levels. The Department shall review the source water samples taken by the water system both before and after the system installs source water treatment, and determine whether the system has properly installed and operated the source water treatment designated by the Department. Based upon its review, the Department shall designate the maximum permissible lead and copper concentrations for finished water entering the distribution system.

Such levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The Department shall notify the system in writing and explain the basis for its decision.

Continued operation and maintenance. Each water system shall maintain lead and copper levels below the maximum permissible concentrations designated by the Department at each sampling point monitored. The system is out of compliance if the level of lead or copper at any sampling is greater than the maximum permissible concentration designated by the Department.
Modification of Department treatment decisions. Upon its own initiative or in response to a request by a water system, the Department may modify its determination of the source water treatment under part 2. of this subparagraph, or maximum permissible lead and copper concentrations for finished water entering the distribution system under part 4. of this subparagraph. A request for modification by a system shall be in writing, explain why the modification is appropriate, and provide supporting documentation. The Department may modify its determination where it concludes that such change is necessary to ensure that the system continues to minimize lead and copper concentrations in source water. A revised determination shall be made in writing, set forth the new treatment requirements, explain the basis for the Department’s decision, and provide an implementation schedule for completing the treatment modifications.
Treatment decisions by EPA in lieu of the Department. The EPA Regional Administrator may review treatment determinations made by a Department under parts 2., 4., or 6. of this subparagraph and issue Federal treatment determinations consistent with the requirements of those parts where the Administrator finds that:

(i) The Department has failed to issue a treatment determination by the applicable deadlines contained in subparagraph (a) of this paragraph, (ii) The Department has abused its discretion in a substantial number of cases or in cases affecting a substantial population, or (iii) The technical aspects of a Department’s determination would be indefensible in an expected Federal enforcement action taken against a system.

(5) Lead service line replacement requirements.

(a) Systems that fail to meet the lead action level in tap samples, after installing corrosion control and/or source water treatment, shall replace lead service lines in accordance with the requirements of this paragraph. If a system is in violation of the rules or Act for failure to install source water or corrosion control treatment, the Department may require the system to commence lead service line replacement under this paragraph after the date by which the system was required to conduct monitoring under part (7)(d)2. of this rule has passed.

(b) A water system shall replace annually at least 7 percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The system shall identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the system, based on a materials evaluation, including the evaluation required under subparagraph (7)(a) of this rule and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system. The first year of lead service line replacement shall begin on the first day following the end of the monitoring period in which the action level was exceeded in subparagraph (a) of this paragraph.

If monitoring is required annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs. If the Department has established an alternate monitoring period, then the end of the monitoring period will be the last day of that period.
Any water system resuming a lead service line replacement program after the cessation of its lead service line replacement program as allowed by subparagraph (f) of this paragraph shall update its inventory of lead service lines to include those sites that were previously determined not to require replacement through the sampling provision under subparagraph (c) of this paragraph. The system will then divide the updated number of remaining lead service lines by the number of remaining years in the program to determine the number of lines that must be replaced per year (7 percent lead service line replacement is based on a 15-year replacement program, so, for example, systems resuming lead service line replacement after previously conducting two years of replacement would divide the updated inventory by 13). For those systems that have completed a 15-year lead service line replacement program, the Department will determine a schedule for replacing or retesting lines that were previously tested out under the replacement program when the system re-exceeds the action level.

(c) A system is not required to replace an individual lead service line if the lead concentration in all service line samples from that line, taken pursuant to part (7)(b)3 of this rule, is less than or equal to 0.015 mg/l.

(d) A water system shall replace that portion of the lead service line that it owns. In cases where the system does not own the entire lead service line, the system shall notify the owner of the line, or the owner’s authorized agent, that the system will replace the portion of the service line that it owns and shall offer to replace the owner’s portion of the line. A system is not required to bear the cost of replacing the privately-owned portion of the line, nor is it required to replace the privately-owned portion where the owner chooses not to pay the cost of replacing the privately-owned portion of the line, or where replacing the privately-owned portion would be precluded by State, local or common law. A water system that does not replace the entire length of the service line also shall complete the following tasks.

At least 45 days prior to commencing with the partial replacement of a lead service line, the water system shall provide notice to the resident(s) of all buildings served by the line explaining that they may experience a temporary increase of lead levels in their drinking water, along with guidance on measures consumers can take to minimize their exposure to lead. The Department may allow the water system to provide notice under the previous sentence less than 45 days prior to commencing partial lead service line replacement where such replacement is in conjunction with emergency repairs. In addition, the water system shall inform the resident(s) served by the line that the system will, at the system’s expense, collect a sample from each partially-replaced lead service line that is representative of the water in the service line for analysis of lead content, as prescribed under part (7)(b)3. of this rule, within 72 hours after the completion of the partial replacement of the service line. The system shall collect the sample and report the results of the analysis to the owner and the resident(s) served by the line within three business days of receiving the results. Mailed notices postmarked within three business days of receiving the results shall be considered “on time.”
The water system shall provide the information required by part 1. of this subparagraph to the residents of individual dwellings by mail or by other methods approved by the Department. In instances where multi-family dwellings are served by the line, the water system shall have the option to post the information at a conspicuous location.

(e) The Department shall require a system to replace lead service lines on a shorter schedule than that required by this paragraph, taking into account the number of lead service lines in the system, where such shorter replacement schedule is feasible. The Department shall make this determination in writing and notify the system of its finding within 6 months after the system is triggered into lead service line replacement based on monitoring referenced in subparagraph (a) of this paragraph.

(f) Any system may cease replacing lead service lines whenever first draw samples collected pursuant to part (7)(b)2. of this rule meets the lead action level during each of two consecutive monitoring periods and the system submits the results to the Department. If the first draw samples in any such water system thereafter exceeds the lead action level, the system shall recommence replacing lead service lines, pursuant to subparagraph (b) in this paragraph; and (g) To demonstrate compliance with subparagraphs (a) through (d) of this paragraph, a system shall report to the Department the information specified in subparagraph (11)(e) of this rule.

(6) Public education and supplemental monitoring requirements.

All water systems must deliver a consumer notice of lead tap water monitoring results to persons served by the water system at sites that are tested, as specified in subparagraph (e) of this paragraph. A water system that exceeds the lead action level based on tap water samples collected in accordance with paragraph (7) of this rule shall deliver to its customers the public education materials contained in subparagraph (a) of this paragraph in accordance with the requirements of subparagraph (c) of this paragraph. Water systems that exceed the lead action level must sample the tap water of any customer who requests it in accordance with subparagraph (d) of this paragraph.

(a) Content of written public education materials.

Community water systems and Non-transient non-community water systems.

Water systems must include the following elements in printed materials (e.g., brochures and pamphlets) in the same order as listed below. In addition, language in subparts (i), (ii) and (vi) of this part must be included in the materials, exactly as written, except for the text in brackets in these subparts for which the water system must include system-specific information. Any additional information presented by a water system must be consistent with the information in this part and be in plain language that can be understood by the general public. Water systems must submit all written public education materials to the Department prior to delivery. The Department may require the system to obtain approval of the content of written public materials prior to delivery.

(i) Important Information About Lead in Your Drinking Water. [Insert Name of Water System] found elevated levels of lead in drinking water in some homes/buildings. Lead can cause serious health problems, especially for pregnant women and young children. Please read this information closely to see what you can do to reduce lead in your drinking water.

(ii) Health effects of lead. Lead can cause serious health problems if too much enters your body from drinking water or other sources. It can cause damage to the brain and kidneys, and can interfere with the production of red blood cells that carry oxygen to all parts of your body. The greatest risk of lead exposure is to infants, young children, and pregnant women.

Scientists have linked the effects of lead on the brain with lowered IQ in children. Adults with kidney problems and high blood pressure can be affected by low levels of lead more than healthy adults. Lead is stored in the bones, and it can be released later in life. During pregnancy, the child receives lead from the mother’s bones, which may affect brain development.

(iii) Sources of Lead (I) Explain what lead is.

(II) Explain possible sources of lead in drinking water and how lead enters drinking water. Include information on home/building plumbing materials and service lines that may contain lead.

(III) Discuss other important sources of lead exposure in addition to drinking water (e.g., paint).

(iv) Discuss the steps the consumer can take to reduce their exposure to lead in drinking water.

(I) Encourage running the water to flush out the lead.

(II) Explain concerns with using hot water from the tap and specifically caution against the use of hot water for preparing baby formula.

(III) Explain that boiling water does not reduce lead levels.

(IV) Discuss other options consumers can take to reduce their exposure to lead in drinking water, such as alternative sources or treatment of drinking water.

(V) Suggest that parents have their child’s blood tested for lead. The following is a list of some Department approved laboratories in your area that you can call to have your water tested for lead (Insert names and phones numbers of at least two laboratories).

(v) The steps described above will reduce the lead concentrations in your drinking water. However, if a water test indicates that the drinking water coming from your tap contains lead concentrations in excess of 15 ppb after flushing, or after we have completed our actions to minimize lead levels, then you may want to take the following additional measures:

(I) Purchase or lease a home treatment device. Home treatment devices are limited in that each unit treats only the water that flows from the faucet to which it is connected, and all of the devices require periodic maintenance and replacement. Devices such as reverse osmosis systems or distillers can effectively remove lead from your drinking water. Some activated carbon filters may reduce lead levels at the tap, however all lead reduction claims should be investigated. Be sure to check the actual performance of a specific home treatment device before and after installing the unit.

(II) Purchase bottled water for drinking and cooking.

(vi) You can consult a variety of sources for additional information. Your family doctor or pediatrician can perform a blood test for lead and provide you with information about the health effects of lead. State and local government agencies that can be contacted include:

(I) (insert the name of city or county department of public utilities) at (insert phone number) can provide you with information about your community’s water supply, and a list of local laboratories that have been certified by EPA for testing water quality;

(II) (insert the name of the city or county department that issues building permits (at insert telephone number) can provide you with information about building permit records that should contain the name of plumbing contractors that plumbed your home; and (III) (insert the name of the State Department of Public Health) at (insert phone number) or the (insert the name of the city or county health department) at (insert phone number) can provide you with information about the health effects of lead and how you can have your child’s blood tested.

(vii) The following is a list of some Department approved laboratories in your area that you can call to have your water tested for lead (Insert names and phones numbers of at least two laboratories).

(viii) Explain why there are elevated levels of lead in the system's drinking water (if known) and what the water system is doing to reduce the lead levels in homes/buildings in this area.

(ix) For more information call us at [Insert Your Number] [(If Applicable), or visit our Web site at [Insert Your Web Site Here]]. For more information on reducing lead exposure around your home/building and the health effects of lead, visit EPA’s Web site at http://www.epa.gov/lead or contact your health care provider.

Community water systems. In addition to including the elements specified in part (a)1 of this paragraph, community water systems must:

(i) Tell consumers how to get their water tested.

(ii) Discuss lead in plumbing components and the difference between low lead and lead free.

(b) Reserved (c) Delivery of a public education materials.

For public water systems serving a large proportion of non-English speaking consumers, as determined by the Department, the public education materials must contain information in the appropriate language(s) regarding the importance of the notice or contain a telephone number or address where persons served may contact the water system to obtain a translated copy of the public education materials or to request assistance in the appropriate language.
A community water system that exceeds the lead action level on the basis of tap water samples collected in accordance with paragraph (7) of this rule, and that is not already conducting public education tasks under this subparagraph, must conduct the public education tasks under this subparagraph within 60 days after the end of the monitoring period in which the exceedance occurred:

(i) Deliver printed materials meeting the content requirements of subparagraph (a) of this paragraph to all bill paying customers.

(ii) Contact of customers most at risk.

(I) Contact customers who are most at risk by delivering education materials that meet the content requirements of subparagraph (a) of this paragraph to local public health agencies even if they are not located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users. The water system must contact the local public health agencies directly by phone or in person. The local public health agencies may provide a specific list of additional community based organizations serving target populations, which may include organizations outside the service area of the water system. If such lists are provided, systems must deliver education materials that meet the content requirements of subparagraph (a) of this paragraph to all organizations on the provided lists.

(II) Contact customers who are most at risk by delivering materials that meet the content requirements of subparagraph (a) of this paragraph to the following organizations listed in subitems I. through VI. of this ite m that are located within the water system’s service area, along with an informational notice that encourages distribution to all the organization’s potentially affected customers or community water system’s users:

I. Public and private schools or school boards.

II. Women, Infants and Children (WIC) and Head Start programs.

III. Public and private hospitals and medical clinics.

IV. Pediatricians.

V. Family planning clinics.

VI. Local welfare agencies.

(III) Make a good faith effort to locate the following organizations within the service area and deliver materials that meet the content requirements of subparagraph (a) of this paragraph to them, along with an informational notice that encourages distribution to all potentially affected customers or users. The good faith effort to contact at-risk customers may include requesting a specific contact list of these organizations from the local public health agencies, even if the agencies are not located within the water system’s service area:

I. Licensed childcare centers II. Public and private preschools.

III. Obstetricians-Gynecologists and Midwives.

(iii) No less often than quarterly, provide information on or in each water bill as long as the system exceeds the action level for lead. The message on the water bill must include the following statement exactly as written except for the text in brackets for which the water system must include systemspecific information: [Insert Name of Water System] found high levels of lead in drinking water in some homes. Lead can cause serious health problems. For more information please call [Insert Name of Water System] [or visit (Insert Your Web Site Here)]. The message or delivery mechanism can be modified in consultation with the Department; specifically, the Department may allow a separate mailing of public education materials to customers if the water system cannot place the information on water bills.

(iv) Post material meeting the content requirements of subparagraph (a) of this paragraph on the water system’s Web site if the system serves a population greater than 100,000.

(v) Submit a press release to newspaper, television and radio stations.

(vi) In addition to subparts (i) through (v) of this part, systems must implement at least three activities from one or more categories listed below. The educational content and selection of these activities must be determined in consultation with the Department.

(I) Public Service Announcements.

(II) Paid advertisements.

(III) Public Area Informational Displays.

(IV) E-mails to customers.

(V) Public Meetings.

(VI) Household Deliveries.

(VII) Targeted Individual Customer Contact.

(VIII) Direct material distribution to all multi-family homes and institutions.

(IX) Other methods approved by the Department.

(vii) For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Department has established an alternate monitoring period, the last day of that period.

As long as a community water system exceeds the action level, it must repeat the activities pursuant to part 2. of this subparagraph as described in subparts (i) through (iv) of this part.

(i) A community water system shall repeat the tasks contained in subparts 2.(i), (ii) and (vi) of this subparagraph every 12 months.

(ii) A community water system shall repeat tasks contained in subpart 2(iii) of this subparagraph with each billing cycle.

(iii) A community water system serving a population greater than 100,000 shall post and retain material on a publicly accessible Web site pursuant to

subpart 2.(iv) of this subparagraph.

(iv) The community water system shall repeat the task in subpart 2.(v) of this subparagraph twice every 12 months on a schedule agreed upon with the Department. The Department can allow activities in part 2. of this subparagraph to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Department in advance of the 60-day deadline.

Within 60 days after the end of the monitoring period in which the exceedance occurred (unless it already is repeating public education tasks pursuant to part 5. of this subparagraph), a non-transient noncommunity water system shall deliver the public education materials specified by subparagraph (a) of this paragraph as follows:

(i) Post informational posters on lead in drinking water in a public place or common area in each of the buildings served by the system; and (ii) Distribute informational pamphlets and/or brochures on lead in drinking water to each person served by the non-transient non-community water system. The Department may allow the system to utilize electronic transmission in lieu of or combined with printed materials as long as it achieves at least the same coverage.

(iii) For systems that are required to conduct monitoring annually or less frequently, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or, if the Department has established an alternate monitoring period, the last day of that period.

A non-transient non-community water system shall repeat the tasks contained in

part 4 of this subparagraph at least once during each calendar year in which the system exceeds the lead action level. The Department can allow activities in part 4 of this subparagraph to extend beyond the 60-day requirement if needed for implementation purposes on a case-by-case basis; however, this extension must be approved in writing by the Department in advance of the 60-day deadline.

A water system may discontinue delivery of public education materials if the system has met the lead action level during the most recent six-month monitoring period conducted pursuant to paragraph (7) of this rule. The system shall recommence public education in accordance with this paragraph if it subsequently exceeds the lead action level during any monitoring period.
A community water system may apply to the Department, in writing, (unless the Department has waived the requirement for prior Department approval) to use only the text specified in part (a)1. of this paragraph in lieu of the text in parts (a)1. and (a)2. of this paragraph and to perform the tasks listed in parts 4. and 5. of this subparagraph in lieu of the tasks in parts 2. and 3. of this subparagraph if:

(i) The system is a facility, such as a prison or a hospital, where the population served is not capable of or is prevented from making improvements to plumbing or installing point of use treatment devices; and (ii) The system provides water as part of the cost of services provided and does not separately charge for water consumption.

A community water system serving 3,300 or fewer people may limit certain aspects of their public education programs as follows:

(i) With respect to the requirements of subpart 2.(vi) of this subparagraph, a system serving 3,300 or fewer must implement at least one of the activities listed in that subpart.

(ii) With respect to the requirements of subpart 2.(ii) of this subparagraph, a system serving 3,300 or fewer people may limit the distribution of the public education materials required under that subparagraph to facilities and organizations served by the system that are most likely to be visited regularly by pregnant women and children.

(iii) With respect to the requirements of subpart 2.(v) of this subparagraph, the Department may waive this requirement for systems serving 3,300 or fewer persons as long as system distributes notices to every household served by the system.

(d) Supplemental monitoring and notification of results.

A water system that fails to meet the lead action level on the basis of tap samples collected in accordance with paragraph (7) of this rule shall offer to sample the tap water of any customer who requests it. The system is not required to pay for collecting or analyzing the sample, nor is the system required to collect and analyze the sample itself.

(e) Notification of results.

Reporting requirement. All water systems must provide a notice of the individual tap results from lead tap water monitoring carried out under the requirements of paragraph (7) of this rule to the persons served by the water system at the specific sampling site from which the sample was taken (e.g., the occupants of the residence where the tap was tested).
Timing of notification. A water system must provide the consumer notice as soon as practical, but no later than 30 days after the system learns of the tap monitoring results.
Content. The consumer notice must include the results of lead tap water monitoring for the tap that was tested, an explanation of the health effects of lead, list steps consumers can take to reduce exposure to lead in drinking water and contact information for the water utility. The notice must also provide the maximum contaminant level goal and the action level for lead and the definitions for these two terms from Rule 0400-45-01-.35.
Delivery. The consumer notice must be provided to persons served at the tap that was tested, either by mail or by another method approved by the Department. For example, upon approval by the Department, a non-transient non-community water system could post the results on a bulletin board in the facility to allow users to review the information. The system must provide the notice to customers at sample taps tested, including consumers who do not receive water bills.

(7) Monitoring requirements for lead and copper in tap water.

(a) Sample site location.

By the applicable date for commencement of monitoring under part (d)1. of this paragraph, each water system shall identify a pool of sampling sites that meets the requirements of this paragraph, and which is sufficiently large to ensure that the water system can collect the number of lead and copper tap samples required in subparagraph (c) of this paragraph. All sites from which first draw samples are collected shall be selected from this pool of sampling sites.

Sampling sites may not include faucets that have point-of-use or point-of-entry treatment devices designed to remove inorganic contaminants.

A public water system shall review at least the information on lead, copper, and galvanized steel under paragraph (1) of Rule 0400-45-01-.21 when conducting a materials evaluation. When an evaluation of the information collected pursuant to paragraph (1) of Rule 0400-45-01-.21 is insufficient to locate the requisite number of lead and copper sampling sites that meet the targeting criteria in subparagraph (a) of this paragraph, the water system shall review at least the sources of information listed below in order to identify a sufficient number of sampling sites. In addition, the system shall seek to collect such information in the course of its normal operations (e.g., checking service line materials when reading water meters or performing maintenance activities):

(i) All plumbing codes, permits, and records in the files of the building department(s) which indicate the plumbing materials that are installed within publicly and privately owned structures connected to the distribution system;

(ii) All inspections and records of the distribution system that indicate the material composition of the service connections that connect a structure to the distribution system; and (iii) All existing water quality information, which includes the results of all prior analyses of the system or individual structures connected to the system, indicating locations that may be particularly susceptible to high lead or copper concentrations.

Community water systems shall use tier 1 sampling sites for monitoring for lead and copper action level determination. Tier 1 sampling sites for a community water system shall consist of single family structures that:

(i) Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or (ii) Are served by a lead service line. When multiple-family residences comprise at least 20 percent of the structures served by a water system, the system may include these types of structure in its sampling pool.

Any community water system with insufficient tier 1 sampling sites shall use “tier 2 sampling sites”, which consists of buildings, including multiple-family residences that:

(i) Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or (ii) Are served by a lead service line.

Any community water system with insufficient tier 1 and tier 2 sampling sites shall complete its sampling pool with “tier 3 sampling sites”, consisting of single family structures that contain copper pipes with lead solder installed before 1983. A community water system with insufficient tier 1, tier 2, and tier 3 sampling sites shall complete its sampling pool with representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.
Non-transient non-community water systems shall use tier 1 sampling sites for lead and copper. The sampling sites selected for a non-transient non-community water system (“tier 1 sampling sites”) shall consist of buildings that:

(i) Contain copper pipes with lead solder installed after 1982 or contain lead pipes; and/or (ii) Are served by a lead service line.

A non-transient non-community water system with insufficient tier 1 sites that meet the targeting criteria in part 6. of this subparagraph shall complete its sampling pool with sampling sites that contain copper pipes with lead solder installed before 1983. If additional sites are needed to complete the sampling pool, the non-transient non-community water system shall use representative sites throughout the distribution system. For the purpose of this paragraph, a representative site is a site in which the plumbing materials used at that site would be commonly found at other sites served by the water system.
Any water system whose distribution system contains lead service lines shall draw 50 percent of the samples it collects during each monitoring period from sites that contain lead pipes, or copper pipes with lead solder, and 50 percent of the samples from sites served by a lead service line. A water system that cannot identify a sufficient number of sampling sites served by a lead service line shall collect first-draw samples from all of the sites identified as being served by such lines.

(b) Sample collection methods.

All tap samples for lead and copper collected in accordance with this rule, with the exception of lead service line samples collected under subparagraph (5)(c) of this rule and samples collected under part 5. of this subparagraph, shall be firstdraw samples.
Each first-draw tap sample for lead and copper shall be one liter in volume and have stood motionless in the plumbing system of each sampling site for at least six hours. First-draw samples from residential housing shall be collected from the cold water kitchen tap or bathroom sink tap. First-draw samples from a nonresidential building shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. Non-first-draw samples collected in lieu of first-draw samples pursuant to part 5. of this subparagraph shall be one liter in volume and shall be collected at an interior tap from which water is typically drawn for consumption. First-draw samples may be collected by the system or the system may allow residents to collect first-draw samples after instructing the residents of the sampling procedures specified in this subparagraph. To avoid problems of residents handling nitric acid, acidification of first-draw samples may be done up to 14 days after the sample is collected. After acidification to resolubilize the metals, the sample must stand in the original container for the time specified in the approved EPA method before the sample can be analyzed. If a system allows residents to perform sampling, the system may not challenge, based on alleged errors in sample collection, the accuracy of sampling results.
Each lead service line sample shall be one liter in volume and have stood motionless in the lead service line for at least six hours. Lead service line samples shall be collected in one of the following three ways:

(i) At the tap after flushing the volume of water between the tap and the lead service line. The volume of water shall be calculated based on the interior diameter and length of the pipe between the tap and lead service line;

(ii) Tapping directly into the lead service line.

(iii) If the sampling site is a building constructed as a single-family residence, allowing the water to run until there is a significant change in temperature which would be indicative of water that has been standing in the lead service line.

A water system shall collect each first draw tap sample from the same sampling site from which it collected the previous sample. If, for any reason, the water system cannot gain entry to a sampling site in order to collect a follow-up tap sample, the system may collect the follow-up tap sample from another sampling site in its sampling pool as long as the new site meets the same targeting criteria, and is within reasonable proximity of the original site.
A non-transient non-community water system, or a community water system that meets the criteria of subparts (6)(c)7.(i) and (ii) of this rule, that does not have enough taps that can supply first-draw samples, as defined in Rule 0400-45-01- .04, may apply to the Department in writing to substitute non-first-draw samples.

Such systems must collect as many first-draw samples from appropriate taps as possible and identify sampling times and locations that would likely result in the longest standing time for the remaining sites. The Department has the discretion to waive the requirement for prior Department approval of non-first-draw sample sites selected by the system, either through Department regulation or written notification to the system.

(c) Number of samples. Water systems shall collect at least one sample during each monitoring period specified in subparagraph (d) of this paragraph from the number of sites listed in the first column (“standard monitoring”) of the table in this subparagraph.

A system conducting reduced monitoring under part (d)4. of this paragraph shall collect at least one sample from the number of sites specified in the second column (“reduced monitoring”) of the table in this paragraph during each monitoring period specified in

part (d)4. of this paragraph. Such reduced monitoring sites shall be representative of the sites required for standard monitoring. A public water system that has fewer than five drinking water taps, that can be used for human consumption meeting the sample site criteria of subparagraph (a) of this paragraph to reach the required number of sample sites listed in this subparagraph, must collect at least one sample from each tap and then must collect additional samples from those taps on different days during the monitoring period to meet the required number of sites. Alternatively, the Department may allow these public water systems to collect a number of samples less than the number of sites specified in this subparagraph, provided that 100 percent of all taps that can be used for human consumption are sampled. The Department must approve this reduction of the minimum number of samples in writing based on a request from the system or onsite verification by the Department. The Department may specify sampling locations when a system is conducting reduced monitoring. The table is as follows:

TABLE 0400-45-01-.33(7)(c)

System size (number of People served)

Number of sites (standard monitoring)

Number of sites (reduced monitoring) >100,000 10,001 to 100,000 3,301 to 10,000 501 to 3,300 101 to 500 less than or equal to 100 Populations shall be determined by count of the population served or by the household factor multiplied by the number of connections the system has as determined by the latest federal census. Water systems serving multi-family residences such as apartment complexes and mobile home parks shall include each individual residence unit as a connection in determining the population for the system.

(d) Timing of Monitoring 1. Initial tap sampling. The first six-month monitoring period for small, medium-size and large systems shall begin on the following dates:

TABLE 0400-45-01-.33(7)(d)1.

System size (No. People served)

First six-month monitoring period begins on > 50,000 3,301 to 50,000 less than or equal to 3,300 January 1, 1992 July 1, 1992 July 1, 1993 Populations shall be determined by count of the population served or by the household factor multiplied by the number of connections the system has as determined by the latest federal census. Water systems serving multi-family residences such as apartment complexes and mobile home parks shall include each individual residence unit as a connection in determining the population for the system.

(i) All large systems shall monitor for at least two consecutive six-month periods; and (ii) All small and medium-size systems shall monitor during each six-month monitoring period until:

(I) The system exceeds the lead or copper action level and is therefore required to implement the corrosion control treatment requirements under paragraph (2) of this rule, in which case the system shall continue monitoring in accordance with part 2. of this subparagraph, or (II) The system meets the lead or copper action levels during two consecutive six-month monitoring periods, in which case the system may reduce monitoring in accordance with part 4. of this subparagraph.

Monitoring after installation of corrosion control and source water treatment.

(i) Any large system which installs optimal corrosion control treatment pursuant to part (2)(d)4. of this rule shall monitor for at least two consecutive six-month monitoring periods by the date specified in part (2)(d)5. of this rule by January 1, 1998.

(ii) Any small or medium-size system which installs optimal corrosion control treatment pursuant to part (2)(e)5. of this rule shall monitor for at least two consecutive six-month monitoring periods by the date specified in part (2)(e)6. of this rule.

(iii) Any system which installs source water treatment pursuant to part (4)(a)3. of this rule shall monitor for at least two consecutive six-month monitoring periods by the date specified in part (4)(a)4. of this rule.

Monitoring after the Department specifies water quality parameter values for optimal corrosion control. After the Department specifies the values for water quality control parameters pursuant to subparagraph (3)(f) of this rule, the system shall monitor during each subsequent six-month monitoring period, with the first monitoring period to begin on the date the Department specifies the optimal values pursuant to subparagraph (3)(f) of this rule.
Reduced Monitoring (i) A small or medium-size water system that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the number of samples in accordance with subparagraph (c) of this paragraph and reduce the frequency of sampling to once per year. A small or medium water system collecting fewer than five samples as specified in subparagraph (c) of this paragraph, that meets the lead and copper action levels during each of two consecutive six-month monitoring periods may reduce the frequency of sampling to once per year. In no case can the system reduce the number of samples required below the minimum of one sample per available tap. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period.

(ii) Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Department under subparagraph (3)(f) of this rule during each of two consecutive six-month monitoring periods may reduce the frequency of monitoring to once per year and reduce the number of lead and copper samples in accordance with subparagraph (c) of this paragraph if it receives written approval from the Department. This sampling shall begin during the calendar year immediately following the end of the second consecutive six-month monitoring period. The Department shall review monitoring, treatment, and other relevant information submitted by the water system in accordance with paragraph (11) of this rule, and shall notify the system in writing when it determines the system is eligible to commence reduced monitoring pursuant to this paragraph. The Department shall review, and where appropriate, revise its determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

(iii) A small or medium-size water system that meets the lead and copper action levels during three consecutive years of monitoring may reduce the frequency of monitoring for lead and copper from annually to once every three years. Any water system that meets the lead action level and maintains the range of values for the water quality control parameters reflecting optimal corrosion control treatment specified by the Department under subparagraph (3)(f) of this rule during three consecutive years of monitoring may reduce the frequency of monitoring from annually to once every three years if it receives written approval from the Department.

Samples collected once every three years shall be collected no later than every third calendar year. The Department shall review monitoring, treatment, and other relevant information submitted by the water system in accordance with paragraph (11) of this rule, and shall notify the system in writing when it determines the system is eligible to reduce the frequency of monitoring to once every three years. The Department shall review, and where appropriate, revise its determination when the system submits new monitoring or treatment data, or when other data relevant to the number and frequency of tap sampling becomes available.

(iv) A water system that reduces the number and frequency of sampling shall collect these samples from representative sites included in the pool of targeted sampling sites identified in subparagraph (a) of this paragraph.

Systems sampling annually or less frequently shall conduct the lead and copper tap sampling during the months of June, July, August, or September unless the Department has approved a different sampling period in accordance with item (I) of this subpart.

(I) The Department may approve a different period for conducting the lead and copper tap sampling for systems collecting a reduced number of samples. Such a period shall be no longer than four consecutive months and must represent a time of normal operation where the highest levels of lead are most likely to occur. For a nontransient non-community water system that does not operate during the months of June through September, and for which the period of normal operation where the highest levels of lead are most likely to occur is not known, the Department shall designate a period that represents a time of normal operation for the system. This sampling shall begin during the period approved or designated by the Department in the calendar year immediately following the end of the second consecutive six-month monitoring period for systems initiating annual monitoring and during the three-year period following the end of the third consecutive calendar year of annual monitoring for systems initiating triennial monitoring.

(II) Systems monitoring annually, that have been collecting samples during the months of June through September and that receive Department approval to alter their sample collection period under item (I) of this subpart, must collect their next round of samples during a time period that ends no later than 21 months after the previous round of sampling. Systems monitoring triennially that have been collecting samples during the months of June through September, and receive Department approval to alter the sampling collection period as per item (I) of this subpart, must collect their next round of samples during a time period that ends no later than 45 months after the previous round of sampling. Subsequent rounds of sampling must be collected annually or triennially, as required by this

section. Small systems with waivers, granted pursuant to subparagraph (g) of this paragraph, that have been collecting samples during the months of June through September and receive Department approval to alter their sample collection period under item (I) of this subpart must collect their next round of samples before the end of the 9-year period.

(v) Any water system that demonstrates for two consecutive 6-month monitoring periods that the tap water lead level computed under part (1)(c)3. of this rule is less than or equal to 0.005 mg/L and the tap water copper level computed under part (1)(c)3. of this rule is less than or equal to 0.65 mg/L may reduce the number of samples in accordance with subparagraph (c) of this paragraph and reduce the frequency of sampling to once every three calendar years.

(vi) (I) A small or medium-size water system subject to reduced monitoring that exceeds the lead or copper action level shall resume sampling in accordance with part 3. of this subparagraph and collect the number of samples specified for standard monitoring under subparagraph (c) of this paragraph. Such a system shall also conduct water quality parameter monitoring in accordance with subparagraph (8)(b), (c) or (d) of this rule (as appropriate) during the monitoring period in which it exceeded the action level. Any such system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subparagraph (c) of this paragraph after it has completed two subsequent consecutive six-month rounds of monitoring that meet the criteria of subpart (i) of this part and/or may resume triennial monitoring for lead and copper at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subpart (iii) or (v) of this

part.

(II) Any water system subject to the reduced monitoring frequency that fails to meet the lead action level during any four-month monitoring period or that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the Department under subparagraph (3)(f) of this rule for more than nine days in any six-month period specified in subparagraph (8)(d) of this rule shall conduct tap water sampling for lead and copper at the frequency specified in part 3. of this subparagraph, collect the number of samples specified for standard monitoring under subparagraph (c) of this paragraph, and shall resume monitoring for water quality parameters within the distribution system in accordance with subparagraph (8)(d) of this rule. This standard tap water sampling shall begin no later than the six-month period beginning January 1 of the calendar year following the lead action level exceedance or water quality parameter excursion. Such a system may resume reduced monitoring for lead and copper at the tap and for water quality parameters within the distribution system under the following conditions:

I. The system may resume annual monitoring for lead and copper at the tap at the reduced number of sites specified in subparagraph (c) of this paragraph after it has completed two subsequent six-month rounds of monitoring that meet the criteria of subpart (ii) of this part and the system has received written approval from the Department that it is appropriate to resume reduced monitoring on an annual frequency. This sampling shall begin during the calendar year immediately following the end of the second consecutive six month monitoring period.

II. The system may resume triennial monitoring for lead and copper at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subpart (iii) or (v) of this part and the system has received written approval from the Department that it is appropriate to resume triennial monitoring.

III. The system may reduce the number of water quality parameter tap water samples required in accordance with part (8)(e)1. of this rule and the frequency with which it collects such samples in accordance with part (8)(e)2. of this rule. Such a system may not resume triennial monitoring for water quality parameters at the tap until it demonstrates, in accordance with the requirements of part (8)(e)2. of this rule, that it has requalified for triennial monitoring.

(vii) Any water system subject to a reduced monitoring frequency under this

part shall notify the Department in writing in accordance with part (11)(a)3. of this rule of any upcoming long term change in treatment or addition of a new source as described in part (11)(a)3. of this rule. The Department must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The Department may require the system to resume sampling in accordance with part 3. of this subparagraph and collect the number of samples specified for standard monitoring under subparagraph (c) of this paragraph or take other appropriate steps such as increased water quality parameter monitoring or reevaluation of its corrosion control treatment given the potentially different water quality considerations.

(e) Additional monitoring by systems. The results of any monitoring conducted in addition to the minimum requirements of this paragraph shall be considered by the system and may be considered by the Department in making any determinations (i.e., calculating the 90th percentile lead or copper level) under this rule.

(f) Invalidation of lead or copper tap water samples. A sample invalidated under this subparagraph does not count toward determining lead or copper 90th percentile levels under subparagraph (1)(c) of this rule or toward meeting the minimum monitoring requirements of subparagraph (c) of this paragraph.

The Department may invalidate a lead or copper tap water sample at least if one of the following conditions is met.

(i) The laboratory establishes that improper sample analysis caused erroneous results.

(ii) The Department determines that the sample was taken from a site that did not meet the site selection criteria of this paragraph.

(iii) The sample container was damaged in transit.

(iv) There is substantial reason to believe that the sample was subject to tampering.

The system must report the results of all samples to the Department and all supporting documentation for samples the system believes should be invalidated.
To invalidate a sample under part 1. of this subparagraph, the decision and the rationale for the decision must be documented in writing. The Department may not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.
The water system must collect replacement samples for any samples invalidated under this subparagraph if, after the invalidation of one or more samples, the system has too few samples to meet the minimum requirements of subparagraph (c) of this paragraph. Any such replacement samples must be taken as soon as possible, but no later than 20 days after the date the Department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later.

Replacement samples taken after the end of the applicable monitoring period shall not also be used to meet the monitoring requirements of a subsequent monitoring period. The replacement samples shall be taken at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

(g) Monitoring waivers for small systems. Any small system serving fewer than 3300 persons that meets the criteria of this paragraph may apply to the Department to reduce the frequency of monitoring for lead and copper under this paragraph to once every nine years (i.e., a “full waiver”) if it meets all of the materials criteria specified in

part 1. of this subparagraph and all of the monitoring criteria specified in part 2. of this subparagraph. Any small system that meets the criteria in parts 1. and 2. of this subparagraph only for lead, or only for copper, may apply to the Department for a waiver to reduce the frequency of tap water monitoring to once every nine years for that contaminant only (i.e., a “partial waiver”).

Materials criteria. The system must demonstrate that its distribution system and service lines and all drinking water supply plumbing, including plumbing conveying drinking water within all residences and buildings connected to the system, are free of lead- containing materials and/or copper-containing materials, as those terms are defined in this rule, as follows:

(i) Lead. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for lead (i.e., a “lead waiver”), the water system must provide certification and supporting documentation to the Department that the system is free of all lead-containing materials, as follows:

(I) It contains no plastic pipes which contain lead plasticizers, or plastic service lines which contain lead plasticizers; and (II) It is free of lead service lines, lead pipes, lead soldered pipe joints, and leaded brass or bronze alloy fittings and fixtures, unless such fittings and fixtures meet the specifications of any standard established pursuant to 42 U.S.C. 300g-6(e) [SDWA section 1417(e)].

(ii) Copper. To qualify for a full waiver, or a waiver of the tap water monitoring requirements for copper (i.e., a “copper waiver”), the water system must provide certification and supporting documentation to the Department that the system contains no copper pipes or copper service lines.

Monitoring criteria for waiver issuance. The system must have completed at least one 6-month round of standard tap water monitoring for lead and copper at sites approved by the Department and from the number of sites required by subparagraph (c) of this paragraph and demonstrate that the 90th percentile levels for any and all rounds of monitoring conducted since the system became free of all lead-containing and/or copper-containing materials, as appropriate, meet the following criteria.

(i) Lead levels. To qualify for a full waiver, or a lead waiver, the system must demonstrate that the 90th percentile lead level does not exceed 0.005 mg/L.

(ii) Copper levels. To qualify for a full waiver, or a copper waiver, the system must demonstrate that the 90th percentile copper level does not exceed 0.65 mg/L.

Department approval of waiver application. The Department shall notify the system of its waiver determination, in writing, setting forth the basis of its decision and any condition of the waiver. As a condition of the waiver, the Department may require the system to perform specific activities (e.g., limited monitoring, periodic outreach to customers to remind them to avoid installation of materials that might void the waiver) to avoid the risk of lead or copper concentration of concern in tap water. The small system must continue monitoring for lead and copper at the tap as required by parts (d)1. through (d)4. of this paragraph, as appropriate, until it receives written notification from the Department that the waiver has been approved.
Monitoring frequency for systems with waivers.

(i) A system with a full waiver must conduct tap water monitoring for lead and copper in accordance with subpart (d)4.(iv) of this paragraph at the reduced number of sampling sites identified in subparagraph (c) of this paragraph at least once every nine years and provide the materials certification specified in part 1. of this subparagraph for both lead and copper to the Department along with the monitoring results. Samples collected every nine years shall be collected no later than every ninth calendar year.

(ii) A system with a partial waiver must conduct tap water monitoring for the waived contaminant in accordance with subpart (d)4.(iv) of this paragraph at the reduced number of sampling sites specified in subparagraph (c) of this paragraph at least once every nine years and provide the materials certification specified in part 1. of this subparagraph pertaining to the waived contaminant along with the monitoring results. Such a system also must continue to monitor for the non-waived contaminant in accordance with requirements of parts (d)1. through 4. of this paragraph, as appropriate.

(iii) Any water system with a full or partial waiver shall notify the Department in writing in accordance with part (11)(a)3. of this rule of any upcoming longterm change in treatment or addition of a new source, as described in that paragraph. The Department must review and approve the addition of a new source or long-term change in water treatment before it is implemented by the water system. The Department has the authority to require the system to add or modify waiver conditions (e.g., require recertification that the system is free of lead-containing and/or coppercontaining materials, require additional round(s) of monitoring), if it deems such modifications are necessary to address treatment or source water changes at the system.

(iv) If a system with a full or partial waiver becomes aware that it is no longer free of lead-containing or copper-containing materials, as appropriate, (e.g., as a result of new construction or repairs), the system shall notify the Department in writing no later than 60 days after becoming aware of such a change.

Continued eligibility. If the system continues to satisfy the requirements of part 4. of this subparagraph, the waiver will be renewed automatically, unless any of the conditions listed in subparts (i) through (iii) of this part occurs. A system whose waiver has been revoked may re-apply for a waiver at such time as it again meets the appropriate materials and monitoring criteria of parts 1. and 2. of this subparagraph.

(i) A system with a full waiver or a lead waiver no longer satisfies the materials criteria of subpart 1.(i) of this subparagraph or has a 90th percentile lead level greater than 0.005 mg/L.

(ii) A system with a full waiver or a copper waiver no longer satisfies the materials criteria of subpart 1.(ii) of this subparagraph or has a 90th percentile copper level greater than 0.65 mg/L.

(iii) The Department notifies the system, in writing, that the waiver has been revoked, setting forth the basis of its decision.

Requirements following waiver revocation. A system whose full or partial waiver has been revoked by the Department is subject to the corrosion control treatment and lead and copper tap water monitoring requirements, as follows:

(i) If the system exceeds the lead and/or copper action level, the system must implement corrosion control treatment in accordance with the deadlines specified in subparagraph (2)(e) of this rule, and any other applicable requirements of of this rule.

(ii) If the system meets both the lead and the copper action level, the system must monitor for lead and copper at the tap no less frequently than once every three years using the reduced number of sample sites specified in subparagraph (c) of this paragraph.

Pre-existing waivers. Small system waivers approved by the Department in writing prior to April 11, 2000 shall remain in effect under the following conditions:

(i) If the system has demonstrated that it is both free of lead-containing and copper-containing materials, as required by part 1. of this subparagraph and that its 90th percentile lead levels and 90th percentile copper levels meet the criteria of part 2. of this subparagraph, the waiver remains in effect so long as the system continues to meet the waiver eligibility criteria of part 5. of this subparagraph. The first round of tap water monitoring conducted pursuant to part 4. of this subparagraph shall be completed no later than nine years after the last time the system has monitored for lead and copper at the tap.

(ii) If the system has met the materials criteria of part 1. of this subparagraph but has not met the monitoring criteria of part 2. of this subparagraph, the system shall conduct a round of monitoring for lead and copper at the tap demonstrating that it meets the criteria of part 2. of this subparagraph no later than September 30, 2000, or the effective date of this rule whichever is later. Thereafter, the waiver shall remain in effect as long as the system meets the continued eligibility criteria of part 5. of this subparagraph. The first round of tap water monitoring conducted pursuant to part 4. of this subparagraph shall be completed no later than nine years after the round of monitoring conducted pursuant to part 2. of this subparagraph.

(8) Monitoring requirements for water quality parameters.

All large water systems and all small and medium-size systems that exceed the lead or copper action level shall monitor water quality parameters in addition to lead and copper in accordance with this paragraph. The requirements of this paragraph are summarized in the table at the end of this paragraph.

(a) General Requirements.

Sample Collection Methods.

(i) Tap samples shall be representative of water quality throughout the distribution system taking into account the number of persons served, the different sources of water, the different treatment methods employed by the system, and seasonal variability. Tap sampling under this subpart is not required to be conducted at taps targeted for lead and copper sampling pursuant to subparagraph (7)(a) of this rule. (Note: Systems may find it convenient to conduct tap sampling for water quality parameters at sites used for coliform sampling).

(ii) Samples collected at the entry point(s) to the distribution system shall be from locations representative of each source after treatment. If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

Number of samples.

(i) Systems shall collect two tap samples for applicable water quality parameters during each monitoring period specified under subparagraphs (b) through (e) of this paragraph from the following number of sites.

TABLE 0400-45-01-.33(8)(a)2.(i)

System size (No.

People served)

No. of sites for water quality parameters > 100,000.............................. 10,001-100,000....................... 3,301 to 10,000........................ 501 to 3,300............................ 101 to 500.............................. < 100....................................

(ii) Except as provided in part (c)3. of this paragraph, systems shall collect two samples for each applicable water quality parameter at each entry point to the distribution system during each monitoring period specified in subparagraph (b) of this paragraph.

(b) Initial Sampling. All large water systems shall measure the applicable water quality parameters as specified in part 1. of this subparagraph at taps and at each entry point to the distribution system during each six-month monitoring period specified in part (7)(d)1. of this rule. All small and medium size systems shall measure the applicable water quality parameters at the locations specified in parts 1. and 2. of this subparagraph during each six-month monitoring period specified in part (7)(d)1. of this

rule during which the system exceeds the lead or copper action level.

Water Quality Parameters for Monitoring at Taps:

(i) pH;

(ii) Alkalinity;

(iii) Orthophosphate, when an inhibitor containing a phosphate compound is used;

(iv) Silica, when an inhibitor containing a silicate compound is used;

(v) Calcium;

(vi) Conductivity;

(vii) Water temperature; and (viii) Other parameters as specified by the Department.

At each entry point to the distribution system: all of the applicable parameters listed in part 1. of this subparagraph.

(c) Monitoring after Installation of corrosion control. Any large system which installs optimal corrosion control treatment pursuant to part (2)(d)4. of this rule shall measure the water quality parameters at the locations and frequencies specified in parts 1., 2. and 3. of this subparagraph during each six-month monitoring period specified in

subpart (7)(d)2.(i) of this rule. Any small or medium-size system which installs optimal corrosion control treatment shall conduct such monitoring during each six-month monitoring period specified in subpart (7)(d)2.(ii) of this rule in which the system exceeds the lead or copper action level.

Water Quality Parameters for Monitoring at Taps, two samples for:

(i) pH;

(ii) Alkalinity;

(iii) Orthophosphate, when an inhibitor containing a phosphate compound is used;

(iv) Silica, when an inhibitor containing a silicate compound is used;

(v) Calcium, when calcium carbonate stabilization is used as part of corrosion control; and (vi) Other parameters as specified by the Department.

Except as provided in part 3. of this subparagraph, at each entry point to the distribution system, at least one sample no less frequently than every two weeks (biweekly) for:

(i) pH;

(ii) When alkalinity is adjusted as part of optimal corrosion control, a reading of the dosage rate of the chemical used to adjust alkalinity, and the alkalinity concentration; and (iii) When a corrosion inhibitor is used as part of optimal corrosion control, a reading of the dosage rate of the inhibitor used, and the concentration of orthophosphate or silica (whichever is applicable).

(iv) Other parameters as specified by the Department.

Any ground water system can limit entry point sampling described in part 2. of this subparagraph to those entry points that are representative of water quality and treatment conditions throughout the system. If water from untreated ground water sources mixes with water from treated ground water sources, the system must monitor for water quality parameters both at representative entry points receiving treatment and representative entry points receiving no treatment. Prior to the start of any monitoring under this subparagraph, the system shall provide to the Department written information identifying the selected entry points and documentation, including information on seasonal variability, sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(d) Monitoring after the Department specifies water quality parameter values for optimal corrosion control. After the Department specifies the values for applicable water quality control parameters reflecting optimal corrosion control treatment under subparagraph (3)(f) of this rule, all large systems shall measure the applicable water quality parameters in accordance with subparagraph (c) of this paragraph and determine compliance with the requirements of subparagraph (3)(g) of this rule every six months with the first six-month period to begin either January 1 or July 1, whichever comes first, after the Department specifies the optimal values under subparagraph (3)(f) of this

rule. Any small or medium-size system shall conduct such monitoring during each sixmonth period specified in this subparagraph in which the system exceeds the lead or copper action level. For any such small and medium-size system that is subject to a reduced monitoring frequency pursuant to part (7)(d)4. of this rule at the time of the action level exceedance, the start of the applicable six-month period under this subparagraph shall coincide with the start of the applicable monitoring period under

part (7)(d)4. of this rule. Compliance with Department-designated optimal water quality parameter values shall be determined as specified under subparagraph (3)(g) of this

rule.

(e) Reduced monitoring.

Any water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment during each of two consecutive six-month monitoring periods under subparagraph (d) of this paragraph shall continue monitoring at the entry point(s) to the distribution system as specified in part (c)2. of this paragraph. The system may collect two tap samples for applicable water quality parameters from the following reduced number of sites during each six-month monitoring period, if it qualifies for and requests reduced tap monitoring for water quality parameters.

TABLE 0400-45-01-.33(8)(e)1.

System size (No.

People served)

No. of sites for water quality parameters > 100,000................................... 10,001-100,000........................... 3,301 to 10,000............................ 501 to 3,300................................ 101 to 500.................................. < 100........................................

(i) Any water system that maintains the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Department under subparagraph (3)(f) of this rule during three consecutive years of monitoring may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in

part 1 of this subparagraph from every six months to annually. This sampling begins during the calendar year immediately following the end of the monitoring period in which the third consecutive year of six-month monitoring occurs. Any water system that maintains the range of values for water quality parameters reflecting optimal corrosion control treatment specified by the Department under subparagraph (3)(f) of this rule during three consecutive years of annual monitoring under this paragraph may reduce the frequency with which it collects the number of tap samples for applicable water quality parameters specified in part 1. of this subparagraph from annually to every three years. This sampling begins no later than the third calendar year following the end of the monitoring period in which the third consecutive year of monitoring occurs.

(ii) A water system may reduce the frequency with which it collects tap samples for applicable water quality parameters specified in part 1. of this subparagraph to every three years if it demonstrates during two consecutive monitoring periods that its tap water lead level at the 90th percentile is less than or equal to the PQL for lead specified in subparagraph (10)(e) of Rule 0400-45-01-.14, that its tap water copper level at the 90th percentile is less than or equal to 0.65 mg/L for copper in

part (1)(c)2. of this rule, and that it also has maintained the range of values for the water quality parameters reflecting optimal corrosion control treatment specified by the Department under subparagraph (3)(f) of this

rule. Monitoring conducted every three years shall be done no later than every third calendar year.

A water system that conducts sampling annually shall collect these samples throughout the year so as to reflect seasonal variability as per this subparagraph.
Any water system subject to the reduced monitoring frequency that fails to operate at or above the minimum value or within the range of values for the water quality parameters specified by the Department in subparagraph (3)(f) for more than nine days in any six-month period specified in subparagraph (3)(g) shall resume distribution system tap water sampling in accordance with the number and frequency requirements in subparagraph (d) of this paragraph. Such a system may resume annual monitoring for water quality parameters at the tap at the reduced number of sites specified in part 1. of this subparagraph after it has completed two subsequent consecutive six-month rounds of monitoring that meet the criteria of of part 1. of this subparagraph and/or may resume triennial monitoring for water quality parameters at the tap at the reduced number of sites after it demonstrates through subsequent rounds of monitoring that it meets the criteria of either subpart 2.(i) or (ii) of this subparagraph.

(f) Additional monitoring by systems. The results of any monitoring conducted in addition to the minimum requirements of this paragraph shall be considered by the system and may be considered by the Department in making any determinations (i.e., determining concentrations of water quality parameters) under this paragraph or paragraph (3) of this rule.

TABLE 0400-45-01-.33(8)(f)

SUMMARY OF MONITORING REQUIREMENTS FOR WATER QUALITY PARAMETERS

Monitoring Period Parameters Location Frequency Initial Monitoring pH, alkalinity, orthophosphate, or silica calcium, or conductivity, temperature Taps and at entry point(s) to distribution system Every 6 months After Installation of Corrosion Control pH, alkalinity, orthophosphate, or silica calcium Taps Every 6 months pH, alkalinity dosage rate and concentration (if alkalinity adjusted as part of corrosion control) inhibitor dosage rate and inhibitor residual Entry point(s) to distribution system No less frequently than every two weeks After Department Specifies Parameter Values for Optimal Corrosion Control pH, alkalinity, orthophosphate or silica , calcium Entry point(s) to distribution system Every 6 months pH, alkalinity dosage rate and concentration (if alkalinity adjusted as part of corrosion control) inhibitor dosage rate and inhibitor residual Entry point(s) to distribution system No less frequently than every two weeks.

Reduced Monitoring pH, alkalinity, orthophosphate or silica , calcium Taps Every 6 months, annually ,or every 3 years reduced number of sites pH, alkalinity dosage rate and concentration (if alkalinity adjusted as part of corrosion control) inhibitor dosage rate and inhibitor residual Entry point(s) to distribution system No less frequently than every two weeks. 1 Table is for illustrative purposes; consult the text of this section for precise regulatory requirements. 2 Small and medium-size systems have to monitor for water quality parameters only during monitoring periods in which the system exceeds the lead or copper action level.

Orthophosphate must be measured only when an inhibitor containing a phosphate compound is used. Silica must be measured only when an inhibitor containing silicate compound is used.

Calcium must be measured only when calcium carbonate stabilization is used as part of corrosion control.

Inhibitor dosage rates and inhibitor residual concentrations (orthophosphate or silica) must be measured only when an inhibitor is used. 6 Ground water systems may limit monitoring to representative locations throughout the system. 7 Water systems may reduce frequency of monitoring for water quality parameters at the tap from every six months to annually if they have maintained the range of values for water quality parameters reflecting optimal corrosion control during 3 consecutive years of monitoring. 8 Water systems may further reduce the frequency of monitoring for water quality parameters at the tap from annually to once every 3 years if they have maintained the range of values for water quality parameters reflecting optimal corrosion control during 3 consecutive years of annual monitoring. Water systems may accelerate to triennial monitoring for water quality parameters at the tap if they have maintained 90th percentile lead levels less than or equal to 0.005 mg/L, 90th percentile copper levels less than or equal to 0.65 mg/L, and the range of water quality parameters designated by the Department under paragraph (3)(f) as representing optimal corrosion control during two consecutive six-month monitoring periods.

(9) Monitoring requirements for lead and copper in source water.

(a) Sample location, collection methods, and number of samples.

A water system that fails to meet the lead or copper action level on the basis of tap samples collected in accordance with paragraph (7) of this rule shall collect lead and copper source water samples in accordance with the following requirements regarding sample location, number of samples, and collection methods:

(i) Groundwater systems shall take a minimum of one sample at every entry point to the distribution system which is representative of each well after treatment (hereafter called a sampling point). The system shall take one sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

(ii) Surface water systems shall take a minimum of one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment (hereafter called a sampling point). The system shall take each sample at the same sampling point unless conditions make another sampling point more representative of each source or treatment plant.

Note: For the purposes of this subpart, surface water systems include systems with a combination of surface and ground sources.

(iii) If a system draws water from more than one source and the sources are combined before distribution, the system must sample at an entry point to the distribution system during periods of normal operating conditions (i.e., when water is representative of all sources being used).

(iv) The Department may reduce the total number of samples which must be analyzed by allowing the use of compositing. Compositing of samples must be done by certified laboratory personnel. Composite samples from a maximum of five samples are allowed, provided that if the lead concentration in the composite sample is greater than or equal to 0.001 mg/L or the copper concentration is greater than or equal to 0.160 mg/L, then either:

(I) A follow-up sample shall be taken and analyzed within 14 days at each sampling point included in the composite; or (II) If duplicates of or sufficient quantities from the original samples from each sampling point used in the composite are available, the system may use these instead of resampling.

Where the results of sampling indicate an exceedance of maximum permissible source water levels established under part (4)(b)4. of this rule, one confirmation sample shall be collected as soon as possible after the initial sample was taken (but not to exceed two weeks) at the same sampling point. If a required confirmation sample is taken for lead or copper, then the results of the initial and confirmation sample shall be averaged in determining compliance with the Department-specified maximum permissible level. Any sample value below the detection limit shall be considered to be zero. Any value above the detection limit, but below the practical quantitation limit (PQL), as set forth in subparagraph (10)(d) of Rule 0400-45-01-.14, shall either be considered as the measured value or be considered one-half the PQL.

(b) Monitoring frequency after system exceeds tap water action level. Any system which exceeds the lead or copper action level at the tap shall collect one source water sample from each entry point to the distribution system no later than six months after the end of the monitoring period during which the lead or copper action level was exceeded. For monitoring periods that are annual or less frequent, the end of the monitoring period is September 30 of the calendar year in which the sampling occurs, or if the Department has established an alternate monitoring period, the last day of that period.

(c) Monitoring frequency after installation of source water treatment. Any system which installs source water treatment pursuant to part (4)(a)3. of this rule shall collect an additional source water sample from each entry point to the distribution system during two consecutive six-month monitoring periods by the deadline specified in part (4)(a)4. of this rule.

(d) Monitoring frequency after the Department specifies maximum permissible source water levels or determines that source water treatment is not needed.

A system shall monitor at the frequency specified in subpart (i) or (ii) of this part in cases where the Department specifies maximum permissible source water levels pursuant to part (4)(b)4. of this rule or determines that the system is not required to install source water treatment pursuant to part (4)(b)2. of this rule.

(i) A water system using only groundwater shall collect samples once during the three-year compliance period in effect when the applicable Department determination under part 1. of this subparagraph is made. Such systems shall collect samples once during each subsequent compliance period.

Triennial samples shall be collected every third calendar year.

(ii) A water system using surface water (or a combination of surface water and ground water) shall collect samples once during each calendar year, the first annual monitoring period to begin during the year in which the applicable Department determination is made under part 1. of this subparagraph.

A system is not required to conduct source water sampling for lead and/or copper if the system meets the action level for the specific contaminant in tap water samples during the entire source water sampling period applicable to the system under subpart 1.(i) or (ii) of this subparagraph.

(e) Reduced monitoring frequency.

A water system using only ground water may reduce the monitoring frequency for lead and copper in source water to once during each nine-year compliance cycle provided that the samples are collected no later than every ninth calendar year and if the system meets one of the following criteria:

(i) The system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Department in part (4)(b)4. of this rule during at least three consecutive compliance periods under part (d)1. of this paragraph, or (ii) The Department has determined that source water treatment is not needed and the system demonstrates that, during at least three consecutive compliance periods in which sampling was conducted under part (d)1. of this paragraph, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.

A water system using surface water (or a combination of surface water and ground water) may reduce the monitoring frequency in part (d)1. of this paragraph to once during each nine-year compliance cycle provided that the samples are collected no later than every ninth calendar year and if the system meets one of the following criteria:

(i) The system demonstrates that finished drinking water entering the distribution system has been maintained below the maximum permissible lead and copper concentrations specified by the Department in part (4)(b)4. of this rule for at least three consecutive years; or (ii) The Department has determined that source water treatment is not needed and the system demonstrates that, during at least three consecutive years, the concentration of lead in source water was less than or equal to 0.005 mg/L and the concentration of copper in source water was less than or equal to 0.65 mg/L.

A water system that uses a new source of water is not eligible for reduced monitoring for lead and/or copper until concentrations in samples collected from the new source during three consecutive monitoring periods are below the maximum permissible lead and copper concentrations specified by the Department in part (4)(a)5. of this rule.

(10) Reserved (11) Reporting requirements. All water systems shall report all of the following information to the Department in accordance with this paragraph.

(a) Reporting requirements for tap water monitoring for lead and copper and for water quality parameter monitoring.

Except as provided in subpart (viii) of this part, a water system shall report the information specified subparts (i) through (viii) of this part for all tap water samples specified in paragraph (7) of this rule and for all water quality parameter samples specified in paragraph (8) of this rule within the first 10 days following the end of each applicable monitoring period specified in paragraphs (7) and (8) of this rule (i.e., every six months, annually, every 3 years, or every 9 years). For monitoring periods with a duration less than six months, the end of the monitoring period is the last date samples can be collected during that period as specified in paragraphs (7) and (8) of this rule.

(i) The results of all tap samples for lead and copper including the location of each site and criteria under parts (7)(a)3., 4., 5., 6. and/or 7. of this rule, under which the site was selected for the system’s sampling pool;

(ii) Documentation for each tap water lead or copper sample for which the water system requests invalidation pursuant to part (7)(f)2. of this rule;

(iii) [Reserved];

(iv) The 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period calculated in accordance with part (1)(c)3. of this rule, unless the Department calculates the system’s 90th percentile lead and copper levels under subparagraph (h) of this paragraph;

(v) With the exception of initial tap sampling conducted pursuant to part (7)(d)1. of this rule, the system shall designate any site which was not sampled during previous monitoring periods, and include an explanation of why sampling sites have changed;

(vi) The results of all tap samples for pH, and where applicable, alkalinity, calcium, conductivity, temperature, and orthophosphate or silica collected pursuant to subparagraphs (8)(b) through (e) of this rule; and (vii) The results of all samples collected at the entry point(s) to the distribution system for applicable water quality parameters under subparagraphs (8)(b) through (e) of this rule;

(viii) A water system shall report the results of all water quality parameter samples collected under subparagraphs (8)(c) through (f) of this rule during each six-month monitoring period specified in subparagraph (8)(d) of this

rule within the first 10 days following the end of the monitoring period unless the Department has specified a more frequent reporting requirement.

For a non-transient non-community water system, or a community water system meeting the criteria of subparts (6)(c)7.(i) and (ii) of this rule, that does not have enough taps that can provide first-draw samples, the system must either:

(i) Provide written documentation to the Department identifying standing times and locations for enough non-first-draw samples to make up its sampling pool under part (7)(b)5. of this rule by the start of the first applicable monitoring period under paragraph (7)(d) of this rule that commences after April 11, 2000, unless the Department has waived prior Department approval of non-first-draw sample sites selected by the system pursuant to

part (7)(b)5. of this rule; or (ii) If the Department has waived prior approval of non-first-draw sample sites selected by the system, identify, in writing, each site that did not meet the six-hour minimum standing time and the length of standing time for that particular substitute sample collected pursuant to part (7)(b)5. of this rule and include this information with the lead and copper tap sample results required to be submitted pursuant to subpart 1.(i) of this subparagraph.

At a time specified by the Department, or if no specific time is designated by the Department then as early as possible prior to the addition of a new source or any change in water treatment, a water system deemed to have optimized corrosion control under part (2)(b)3. of this rule, a water system subject to reduced monitoring pursuant to part (7)(d)4. of this rule, or a water system subject to a monitoring waiver pursuant to subparagraph (7)(g) of this rule, shall submit written documentation to the Department describing the change or addition. The Department must review and approve the addition of a new source or long-term change in treatment before it is implemented by the water system. Examples of long-term treatment changes include the addition of a new treatment process or modification of an existing treatment process. Examples of modifications include switching secondary disinfectants, switching coagulants (e.g., alum to ferric chloride), and switching corrosion inhibitor products (e.g., orthophosphate to blended phosphate). Long-term changes can include dose changes to existing chemicals if the system is planning long-term changes to its finished water pH or residual inhibitor concentration. Long-term treatment changes would not include chemical dose fluctuations associated with daily raw water quality changes.
Any small system applying for a monitoring waiver under subparagraph (7)(g) of this rule, or subject to a waiver granted pursuant to part (7)(g)3. of this rule, shall provide the following information to the Department in writing by the specified deadline:

(i) By the start of the first applicable monitoring period in subparagraph (7)(d) of this rule, any small water system applying for a monitoring waiver shall provide the documentation required to demonstrate that it meets the waiver criteria of parts (7)(g)1. and 2. of this rule.

(ii) No later than nine years after the monitoring previously conducted pursuant to part (7)(g)2. or subpart (7)(g)4.(i) of this rule, each small system desiring to maintain its monitoring waiver shall provide the information required by subparts (7)(g)4.(i) and (ii) of this rule.

(iii) No later than 60 days after it becomes aware that it is no longer free of lead-containing and/or copper-containing material, as appropriate, each small system with a monitoring waiver shall provide written notification to the Department, setting forth the circumstances resulting in the leadcontaining and/or copper-containing materials being introduced into the system and what corrective action, if any, the system plans to remove these materials.

(iv) By October 10, 2000, any small system with a waiver granted prior to April 11, 2000 and that has not previously met the requirements of part (7)(g)2. of this rule shall provide the information required by that part.

Each ground water system that limits water quality parameter monitoring to a subset of entry points under part (8)(c)3. of this rule shall provide, by the commencement of such monitoring, written correspondence to the Department that identifies the selected entry points and includes information sufficient to demonstrate that the sites are representative of water quality and treatment conditions throughout the system.

(b) Source water monitoring reporting requirements.

A water system shall report the sampling results for all source water samples collected in accordance with paragraph (9) of this rule within the first 10 days following the end of each source water monitoring period (i.e., annually, per compliance period, per compliance cycle) specified in paragraph (9) of this rule.
With the exception of the first round of source water sampling conducted pursuant to subparagraph (9)(b) of this rule, the system shall specify any entry point which was not sampled during previous monitoring periods and include an explanation of why the sampling point has changed.

(c) Corrosion control treatment reporting requirements. By the applicable dates under paragraph (2) of this rule, systems shall report the following information:

For systems demonstrating that they have already optimized corrosion control, information required pursuant to part (2)(b)2. or 3. of this rule;
For systems required to optimize corrosion control, their recommendation regarding optimal corrosion control treatments pursuant to subparagraph (3)(a) of this rule;
For systems required to evaluate the effectiveness of corrosion control treatments pursuant to subparagraph (3)(c) of this rule, the information required by that subparagraph; and 4. For systems required to install optimal corrosion control designated by the Department pursuant to subparagraph (3)(d) of this rule, a letter certifying that the system has completed installing that treatment.

(d) Source water treatment reporting requirements. By the applicable dates pursuant to paragraph (4) of this rule, systems shall provide the following information to the Department:

If required under part (4)(b)1. of this rule, their recommendation regarding source water treatment;
For systems required to install source water treatment pursuant to part (4)(b)2. of this rule, a letter certifying that the system has completed installing the treatment designated by the Department within 24 months after the Department designated the treatment.

(e) Lead service line replacement reporting requirements. A system shall report the following information to the Department to demonstrate compliance with the requirements of paragraph (5) of this rule:

No later than 12 months after the end of the monitoring period in which a system exceeds the lead action level in sampling referred to in subparagraph (5)(a) of this rule, the system must submit written documentation to the Department of the material evaluation conducted as required in subparagraph (7)(a) of this rule, identify the initial number of lead service lines in its distribution system at the time the system exceeds the lead action level and provide the system’s schedule for annually replacing at least 7 percent of the initial number of lead service lines in its distribution system.
No later than 12 months after the end of the monitoring period in which a system exceeds the lead action level in sampling pursuant to subparagraph (5)(a) of this

rule, and every 12 months thereafter, the system shall demonstrate to the Department in writing that the system has either:

(i) Replaced in the previous 12 months at least 7 percent of the initial lead service lines (or a greater number of lines specified by the Department pursuant to subparagraph (5)(e) of this rule in its distribution system); or (ii) Conducted sampling which demonstrates that the lead concentration in all service line samples from an individual line(s), taken pursuant to part (7)(b)3. of this rule is less than or equal to 0.015 mg/L. In such cases, the total number of lines replaced and/or which meet the criteria in subparagraph (5)(c) of this rule shall equal at least 7 percent of the initial number of lead lines identified under part 1. of this subparagraph (or the percentage specified by the Department under subparagraph (5)(e) of this

rule).

The annual writing submitted to the Department under part 2. of this subparagraph shall contain the following information:

(i) The number of lead service lines scheduled to be replaced during the previous year of the system’s replacement schedule;

(ii) The number and location of each lead service line replaced during the previous year of the system’s replacement schedule; and (iii) If water samples are collected, the water lead concentration and location of each lead service line sampled, the sampling method, and the date of sampling.

Any system which collects lead service line samples following partial lead service line replacement required by paragraph (5) of this rule shall report the results to the Department within the first ten days of the month following the month in which the system receives the laboratory results, or as specified by the Department. The Department, at its discretion, may eliminate this requirement to report these monitoring results. Systems shall also report any additional information as specified by the Department, and in a time and manner prescribed by the Department, to verify that all partial lead service line replacement activities have taken place.

(f) Public education program reporting requirements.

Any water system that is subject to the public education requirements in paragraph (6) of this rule shall, within ten days after the end of each period in which the system is required to perform public education tasks in accordance with subparagraph (6)(c) of this rule, send written documentation to the Department that contains:

(i) A demonstration that the system has delivered the public education materials that meet the content requirements in subparagraphs (6)(a) and (b) of this rule and the delivery requirements in subparagraph (6)(c) of this

rule; and (ii) A list of all the newspapers, radio stations, television stations, and facilities and organizations to which the system delivered public education materials during the period in which the system was required to perform public education tasks.

Unless required by the Department, a system that previously has submitted the information required by subpart 1.(ii) of this subparagraph need not resubmit the information required by subpart 1.(ii) of this subparagraph, as long as there have been no changes in the distribution list and the system certifies that the public education materials were distributed to the same list submitted previously.
No later than 3 months following the end of the monitoring period, each system must mail a sample copy of the consumer notification of tap results to the Department along with a certification that the notification has been distributed in a manner consistent with the requirements of subparagraph (6)(e) of this rule.

(g) Reporting of additional monitoring data. Any system which collects sampling data in addition to that required by the lead and copper control regulations shall report the results to the Department by the end of the applicable monitoring period under paragraphs (7), (8) and (9) of this rule during which the samples are collected.

(h) Reporting of 90th percentile lead and copper concentrations where the Department calculates a system’s 90th percentile concentrations. A water system is not required to report the 90th percentile lead and copper concentrations measured from among all lead and copper tap water samples collected during each monitoring period, as required by subpart (a)1.(iv) of this paragraph if:

The Department has previously notified the water system that it will calculate the water system’s 90th percentile lead and copper concentrations, based on the lead and copper tap results submitted pursuant to subpart 2.(i) of this subparagraph, and has specified a date before the end of the applicable monitoring period by which the system must provide the results of lead and copper tap water samples;
The system has provided the following information to the Department by the date specified in part 1. of this subparagraph:

(i) The results of all tap samples for lead and copper including the location of each site and the criteria under parts (7)(a)3., 4., 5., 6. and/or 7. of this rule under which the site was selected for the system’s sampling pool, pursuant to subpart (a)1.(i) of this paragraph; and (ii) An identification of sampling sites utilized during the current monitoring period that were not sampled during previous monitoring periods, and an explanation why sampling sites have changed; and 3. The Department has provided the results of the 90th percentile lead and copper calculations, in writing, to the water system before the end of the monitoring period.

(12) Recordkeeping requirements. Any system subject to the requirements of this rule shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, Department determinations, and any other information required by paragraphs (2) through (9) of this rule. Each water system shall retain the records required by this paragraph for no fewer than 12 years.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01. Amendments and new rules filed November 24, 2015; effective February 22, 2016. Amendments filed November 19, 2018; effective February 17, 2019.

Tenn. Comp. R. & Regs. 0400-45-01-.34 DRINKING WATER SOURCE PROTECTION

(1) General Requirements (a) The requirements of this rule constitute Public Water System Drinking Water Source Protection Regulations, including wellhead protection regulations for public water systems utilizing ground water sources and source protection regulations for public water systems utilizing surface water sources. These regulations establish a statewide program for development and implementation of wellhead protection plans by public water systems (PWS) and source water contamination assessment and planning for surface water supplies. These regulations are intended to protect aquifers and surface water bodies used as potable water supply sources by public water systems from contamination due to hazardous and/or toxic substances entering the ground water or surface water.

Ground Water Source A PWS using a ground source shall prepare a Wellhead Protection Plan which determines a wellhead protection area and identifies significant potential contaminant sources which may have any adverse effect on the health of persons and potential contaminant sources within the area. Each PWS using a ground water source must implement the approved Wellhead Protection Plan and a Wellhead Protection Program. Each PWS using a ground water source shall also develop and maintain a contingency response plan as further specified in paragraph (4) of this rule. The wellhead protection plan shall be submitted for approval by the Department and be available for inspection during subsequent sanitary surveys or other inspections.
Surface Water Source A PWS using a surface water source shall prepare and annually update a contaminant source inventory of significant potential contaminant sources which may have any adverse effect on the health of persons and potential contaminant sources within the source water protection area. The contaminant source inventory and subsequent updates for surface water based systems shall include the notifications roster, response committee designees and other portions of the emergency operations plan pertaining to source water protection implementation.

The contaminant source inventory with the required information from the emergency operations plan shall be submitted to the Department every three (3) years starting on December 31, 2006 and be available for inspection during subsequent sanitary surveys or other inspections.

(c) The requirements specified in this rule shall be considered minimum requirements and shall not prevent the PWS from taking additional steps as desired to protect its wells, springs, wellfields, or surface water intakes.

(d) Terms not specifically defined in this rule shall be as defined in the Tennessee Safe Drinking Act (T.C.A. §§ 68-221-701 et seq.) and the Tennessee Water Quality Control Act (T.C.A. §§ 69-3-101 et seq.). For purposes of this rule, the following terms are defined as follows:

“Abandoned well” means any well the use of which has been accomplished or permanently discontinued because necessary operating equipment has been removed or a well is in such a state of disrepair that continual use for the

purpose for which it was constructed is impractical. A well shall be considered permanently discontinued if it has not been used for a two (2) year period and is not included as a part of the wellhead protection plan as either an emergency backup well or future growth well for the water system. Emergency backup wells and future growth wells must be properly maintained and/or secured. Emergency wells that are not in continuous use must be properly maintained, pumped and tested at least annually. Wells used for the regular, ongoing, collection of waterlevels, water-quality, or other scientific measurements are not abandoned, but are considered observation wells. Observation wells must be properly maintained and have adequate protection to prevent their becoming a route for contamination.

“Aquifer” means a geologic formation, portion thereof, or group of formations (including overlying unconsolidated material) which contains and is capable of yielding a sufficient quantity of ground water to serve as a domestic or public water supply or other use.
“Confined Aquifer” means an aquifer bounded above and below by layers of geologic material with sufficiently low hydraulic conductivity to hamper movement of water into and out of the aquifer.
“Critical Source Water Protection Zone” means the surface water body and adjacent land area from one half (1/2) mile downstream of the intake to five (5) miles upstream of the public water system intake, including a one thousand (1000) foot corridor parallel to the designated stream banks and any perennial streams which are tributaries to that stream.
“Ground Water” means any waters of the State as defined in T.C.A. § 69-3-103 (Tennessee Water Quality Control Act), occurring below the surface of the ground not contained by artificial barriers.
“Leaky Confined Aquifer” means a confined aquifer whose bounding layer of geologic material of lower hydraulic conductivity is sufficiently permeable to transmit water from the overlying unconfined aquifer into the semi-confined (leaky) aquifer.
“Karst” means limestone, shaley limestone, dolomite, and/or shaley dolomite rock terrain characterized by highly directional ground water flow in discrete channels or conduits in the form of solutionally enlarged fractures, faults and/or bedding planes. It is not required for karst surface features to be present in the form of sinkholes, disappearing streams, caves and springs for the karst definition to be applicable. This definition includes both conduit flow conditions and flow conditions through microfractures and along bedding planes. Areas of the State of Tennessee which are considered to meet this definition are further identified in Figure 1.
“Significant Potential Contaminant Source” means a facility or activity that involves the handling of materials that could readily be introduced into the water supply source via spill, leakage, intentional discharge or other release of contaminants and presents a likely threat to drinking water quality and the public health. Significant potential contaminant sources would include, but not be limited to, the following: automotive shops, service stations, automotive body shops, junkyards, salvage yards, machine shops, metal fabrication shops, chemical manufacturers, electronic and electrical equipment manufacturers, boat manufacturers, oil distributors, petroleum bulk stations and terminals, bus and truck terminals, storage or mixing areas for commercial fertilizers, pesticides and herbicides; landfills, construction debris landfills, dumps, sludge spreading or landfills; facilities that generate, treat or dispose of hazardous waste; concentrated animal feedlots, golf courses, and mining areas.
“Source Water Management Zone (SWMZ)” means the surface water body and adjacent area that encompasses the water body, tributaries and adjacent land area more than five (5) miles upstream of a public water system intake that includes the remainder of the appropriate watershed within that hydrologic unit.

Zone A (Inner SWMZ) is the surface water body and adjacent area that is five (5) to fifteen (15) miles upstream of a public water system intake, including a one thousand (1000) foot corridor parallel to the designated stream banks and any perennial streams which are tributaries to that stream.

Zone B (Outer SWMZ) is the surface water body and adjacent area that is more than fifteen (15) miles upstream of a public water system intake, including a one thousand (1000) foot corridor parallel to the designated stream banks and any perennial streams which are tributaries to that stream.

“Source Water Protection Area” means the area upgradient of a public water supply source through which contaminants are reasonably likely to reach such water source. “Source water protection areas” specifically include those areas defined as source water protection areas for surface water intakes and wellhead protection areas for public ground water withdrawal sources.
“Wellhead Protection Area” means the surface and subsurface area surrounding a waterwell, wellfield or spring supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well, wellfield or spring.

(e) Each public water system using a ground water source shall complete and maintain its Wellhead Protection Plan within the time set forth in subparagraph (g) of this paragraph. The wellhead protection plan shall include emergency backup wells and wells designated for future growth. Each ground water public water system is designated per size in categories as set forth in Table 0400-45-01-.34(1)(e). Size categories are determined by the number of connections and the amount of water produced. The designation of Public Water Supply categories for systems with ground water sources for purposes of this rule are as follows:

TABLE 0400-45-01-.34(1)(e)

Public Water System Categories For Systems With Ground Water Sources Category 1: (a) Community PWS with less than 100 connections and less than 20,000 gallons per day (gpd) average daily production (b) All Noncommunity PWS Category 2: (a) Community PWS with 100 to 999 connections and less than 315,000 gpd average daily production.

(b) Community PWS with less than 100 connections and 20,000 to 314,999 gpd average daily production.

Category 3: (a) Community PWS with 1000 to 2999 connections and less than 1,000,000 gpd average daily production.

(b) Community PWS with less than 1000 connections and 315,000 to 999,999 gpd average daily production.

Category 4: (a) Community PWS with 3,000 or more connections.

(b) Community PWS with less than 3,000 connections and 1,000,000 gpd or greater average daily production.

(f) Each PWS using a ground water source shall perform the following tasks, in accordance with their size category as further set forth in paragraph (2) of this rule and in published guidance.

Each PWS shall take photographs and perform field measurements, pursuant to the appropriate size category, in the delineation of their wellhead protection area (Zones 1 and 2 in part 2. of this subparagraph).
Each PWS shall designate two zones of protection for their ground water source:

(i) “Wellhead Protection Zone” (Zone 1) -- the zone adjacent to the well or spring where the PWS well or spring actively draws the water which supplies the well or spring, where contamination could enter the aquifer alongside the well casing or be drawn into the cone of depression of the well. The distance for this zone shall be a fixed radius set forth in part 3. of this subparagraph. This zone may be later modified by Departmental approval to reflect hydrogeologic conditions using the same methods acceptable for the Wellhead Management Zone below. Zone 1 requires the highest level of protection.

(ii) “Wellhead Management Zone” (Zone 2) -- the zone surrounding the Wellhead Protection Zone which is delineated on the basis of ground water flow direction and recharge, where contamination is reasonably likely to move toward and reach the well or spring. However, the Wellhead Management Zone for Category 1 systems shall be a fixed radius of 750 feet.

The Wellhead Protection Zone (Zone 1) shall be designated as the following radius:

(i) Category 1: 250 feet (ii) Category 2: 500 feet (iii) Category 3: 750 feet (iv) Category 4: 750 feet 4. The Wellhead Management Zone (Zone 2) for Category 1 systems shall be designated as the area encompassed from the 250 foot radius (Zone 1) to a 750 foot radius. For PWS Categories 2 through 4, Zone 2 shall be as set forth in paragraph (2) of this rule.

Each PWS shall notify the governing county body and county/regional planning commission of the designation of the Zones in parts 3. and 4. of this subparagraph, per the Tennessee Safe Drinking Water Act, T.C.A. §§ 68-221- 701 et seq. once a wellhead protection plan has been developed and approved and at each update of the plan. The PWS shall describe the concept of Wellhead Protection and Wellhead Management Zones and provide a topographic map or other suitable map of a scale of 1:24000 (1 inch = 2000 feet) or better with the designated area marked. The PWS shall also provide a statement of the intent to pursue a Wellhead Protection Program, soliciting the governing body and planning commission’s cooperation. PWS are encouraged to provide representatives for local emergency planning committees.
Each PWS shall perform a Potential Contaminant Source Inventory within its designated Wellhead Protection and Wellhead Management Zones to identify all potential contaminant sources located within those zones. For the purposes of this rule, a potential contaminant source shall be defined as any facility, structure, enterprise, function or activity occurring or present within a wellhead protection or management zone which may, as a result of either the normal or abnormal operation thereof, release to the ground waters any pollutant, material or contaminant substance as defined in T.C.A. §§ 69-3-101 et seq. (Tennessee Water Quality Control Act). Examples of land uses and activities which are considered to be potential contaminant sources will be further described in the guidance document to be published by the Department. The potential contaminant source inventory must be submitted to the Department by the time set forth in subparagraph (g) of this paragraph.
Each PWS shall submit a Wellhead Protection Plan for Department approval.

Plans shall consider hazardous chemical use, storage, spill response notification and contingency planning. In addition, plans shall include public education and participation, proposed local ordinances, proposed zoning changes and other institutional controls. The Plans shall also include provisions for periodic updating. The PWS shall implement the Wellhead Protection Plan as set forth in subparagraph (g) of this paragraph.

As the Wellhead Protection Plan is implemented, the PWS shall document any land management strategies available to it which have been employed.

Documents may include, but are not limited to the following: ordinances, codes, permits, memoranda of understanding, and public education programs.

A PWS may apply to the Department for an extension of the time frame to submit the wellhead protection plan to the Department. The request must be in writing and set forth the basis for the request. A system must provide the following information and data to the Department with a request for an extension:

(i) Number of wells;

(ii) Size of the wellfield;

(iii) Size of zone 1 and zone 2;

(iv) Technical data;

(v) Steps and procedures the PWS has implemented to achieve compliance with these rules; and (vi) Any other information required by the Department.

The Department shall determine whether to grant an extension of this requirement. The Department shall consider the following factors in its determination:

(i) Technical determination of the zone areas; and (ii) The activities the PWS has implemented to achieve compliance with these rules.

The Department shall either grant or deny a request for an extension of the timeframe to submit the wellhead protection plan. The term of the extension shall be set by the Department, however, the term of the extension shall not exceed three (3) years. A system may request, in writing, that the extension be continued for an additional three (3) years upon good cause shown. The Department shall review and, where appropriate, revise its determination when relevant data or information becomes available.
PWS which do not comply with this rule in the development of a Wellhead Protection Plan shall not be eligible for waivers from monitoring requirements for chemicals for which MCL’s have been established as set forth in Rules 0400-45- 01-.09 and 0400-45-01-.10.
A change within the Wellhead Protection area will require an updated Plan. A significant increase in average daily production rates (greater than 25%) and significant new potential contamination sources shall require alteration of the Plan. For purposes of this rule, a significant potential contamination source is defined as any facility, structure, enterprise, function or activity occurring or present within a wellhead protection or management zone which due to an activity or the release of contaminant substances resulting from the normal or abnormal operation of such activity, may present an immediate or increased risk of contamination of the ground waters supplying a spring, well, or wellfield.

Updates regarding potential contaminant source inventories shall be performed at least every three years or when significant new potential sources are discovered. The revisions should address any changes in the hydrogeology, delineation of the protection areas, potential contamination sources, and land management strategies. The Department may request an update to the Plan due to change in hydrogeologic conditions (including increased pumping rates) or changes in potential contamination sources which may increase the risk of contamination of the PWS.

The PWS shall comply with the terms set forth in paragraph (2) of this rule, to delineate the Wellhead Management Zone. The Department must be notified prior to dye traces being run which may impact a public water system. A dye trace plan must be submitted to the Department for approval. The plan must include the date of the test, the duration of the test, the type and amount of the dye to be injected and any other information the Department requires for evaluation of the test. Dye trace results must also be submitted to the Department.
The Wellhead Protection Plan shall include a procedure for notifying the Department of any condition which may impact the provisions of the wellhead protection plan or water supply. The PWS shall establish a procedure for notifying the owner or operator of any potential contaminant source which is believed to be discharging substances which may endanger the water supply of the PWS.

rule, as well as any local ordinances which implement or support the wellhead protection plan. Such notification to the owner or operator shall also request the owner or operator to abate the activity or discharge. A copy of such notification shall be submitted to the Department.

(g) Public Water Systems Using a Ground Water Source A PWS using a ground water source must make the following submissions to the Department in the development and update of a Wellhead Protection Plan within the following timeframe:

Water systems with new ground water supply sources shall have source approvals in writing by the Department prior to initiation of operation as a public water supply source. An existing water system that was previously not designated as a public water system shall have sixty (60) days upon notification of the determination as a public water system to submit source approval documentation for the Department’s review. Source approvals shall include a one-mile radius inventory of significant potential contaminant sources for Category 2, 3 and 4 ground water supplies.
Category 2, 3 and 4 public water systems shall submit a wellhead protection area for Department approval within 6 months of operation of the new source. Where the source is in close proximity to an existing withdrawal source such that the wellhead protection area does not require modification, a request to include the new source in the existing wellhead protection area may be submitted. Within one (1) year after the initial operation of the new water source, a contaminant source inventory from within the wellhead protection area and a wellhead protection plan shall be submitted for Department approval. Category 1 ground water PWS shall have wellhead protection plans submitted to the Department within ninety (90) days of initial operation or notification of designation as a public water system by the Department. Each ground water PWS shall notify in writing the governing county body and county/regional planning commission of the designation of the Zones in parts (f)3. and 4. of this paragraph, under the Tennessee Safe Drinking Water Act, T.C.A. §§ 68-221-701 et seq. upon completion of the wellhead protection plan and at subsequent updates.
A review of the potential contaminant source inventory must be performed at minimum annually by the category 2, 3, and 4 community systems. Such review shall be documented and kept on file at the water system office. Wellhead protection plans shall be submitted to the Department on a three year cycle.

Category 1 community systems shall perform the reviews as a part of their required submittals to the Department every three years with the submittal dates coinciding with the category 2, 3, and 4 community submittals.

(i) Noncommunity ground water systems shall submit their plans in a format acceptable to the Department in a timeframe based on grand division. On or before June 30, 2005, noncommunity ground water systems in the Western Grand Division are required to submit their plans and every three years subsequently. On or before June 30, 2006, noncommunity ground water systems in the Central Grand Division are required to submit their plans and every three years subsequently. On or before June 30, 2007, noncommunity ground water systems in the Eastern Grand Division are required to submit their plans and every three years subsequently. A change in ownership shall require the submission of a new wellhead protection plan within ninety days of the change of ownership.

(ii) Category 1, 2, 3, and 4 community systems shall submit plans in a three year cycle. Once a plan has been submitted, the PWS shall submit a new plan three years thereafter. Complete plans to include contaminant source inventory maps and photographs shall be submitted on or before December 31, 2016, and every three years subsequently.

The addition of new significant potential contaminant sources during the annual potential contaminant source inventory review shall require an addendum to be submitted to the Department within ninety days of the review.

(h) Public Water Systems Using a Surface Water Source A community or nontransient noncommunity PWS using a surface water source must at minimum annually perform a survey within the Critical Source Water Protection Zone for significant potential contaminant sources as well as an inventory of wastewater and stormwater discharges permitted by the Department within Zone A of the Source Water Management Zone. Source water inventory updates for community surface water systems existing at the effective date of this rule shall be submitted to the Department on or before December 31, 2006 and at three year intervals subsequently. Community and nontransient noncommunity systems using a surface water source shall submit complete contaminant source inventories, including maps, showing the potential contaminant sources at three year intervals beginning on December 31, 2015. New water supply sources shall have source approvals in writing by the Department prior to initiation of operation as a public water supply source. An existing water system that was previously not designated as a public water system shall have sixty days upon notification of the determination as a public water system to submit source approval documentation for the Department’s review.

The emergency operations plan for community surface water systems shall include a procedure for notifying the Department of any condition which may impact the water source. Community PWS shall establish a procedure for notifying the owner or operator of any potential contaminant source which is believed to be discharging substances which may endanger the water supply of the community PWS.

This notification shall cite the provisions of the Tennessee Safe Drinking Water Act specifically including the language in T.C.A. § 68-221-711(5) (i.e., “The discharge by any person of sewage or any other waste or contaminant at such proximity to the intake, well or spring serving a public water system in such a manner or quantity that it will or will likely endanger the health or safety of customers of the system or cause damage to the system” is prohibited) and this rule, as well as any local ordinances which implement or support source water protection. Such notification to the owner or operator shall also request the owner or operator to abate the activity or discharge. A copy of such notification shall be submitted to the Department.

(2) Category-Specific Wellhead Protection Requirements (a) Category 1 PWS 1. Photographs: Category 1 systems are required to provide clear photographs of the spring/wellhead and photographs taken North, Northeast, East, Southeast, South, Southwest, West and Northwest from the spring/well vantage point (facing outward from the spring or well). If the well or spring is enclosed in a building, the photographs shall be taken at a point as near as possible to the well/spring that allows a view of the surrounding property.

Area Delineation: The minimum Zone 1 area for Category 1 PWS shall be set as a 250 foot radius of the well or spring. The minimum Zone 2 area shall be set as the area from the 250 foot radius to a 750 foot radius of the well or spring. If the Department determines these radii do not provide sufficient protection for a specific PWS, these zones may be enlarged or modified.
Contaminant Source Inventory: Category 1 PWS are required to perform a potential contaminant source inventory within Zones 1 and 2. These sources are to be indicated on a topographic map or other suitable map with a scale of 1:24000 (1 inch = 2000 feet) or better. The wellhead/spring and Zones 1 and 2 must be clearly marked, along with an inventory of sources in tabular form.

Guidelines for performing a contaminant source inventory will be included in the published guidance.

Wellhead Protection Plan: The Plan to be provided by Category 1 PWS shall consist of the required photographs, Zone 1 and 2 marked on the topographic map, the contaminant source inventory, and the steps the PWS is taking to protect the area within Zone 1. The steps must include plans for hazardous chemical storage on the property, hazardous chemical use within Zone 1, plans for spill response and may include posting as a wellhead protection area in the immediate vicinity of the well or spring. Other provisions may also be included.

Two copies of the Plan shall be provided to the Division of Water Resources.

Wellhead Protection Program: Once the Wellhead Protection Plan has been approved by the Department, the PWS shall notify the governing county body and county/regional planning commission that a Wellhead Protection Program is in place and deliver copies of the Plan to such bodies. The PWS shall then implement the Plan and document progress. As a part of wellhead protection, the PWS shall maintain proper management of potential contaminant sources under its control and the proper construction of the spring or well and associated devices as specified in Design Criteria for Community Water Systems as developed under paragraph (3) of Rule 0400-45-01-.05 and in compliance with the provisions of the Water Well Act, T.C.A. § 69-11-106(10).

(b) Category 2 PWS 1. Field Measurements/Photographs: Category 2 systems are required to collect water level elevation data from area wells to determine local ground water flow directions, water table slope (hydrologic gradient) and local ground water recharge basins. Category 2 PWS’s are also required to provide the same photographs specified for Category 1 in part (2)(a)1. of this rule.

Area Delineation: The minimum Zone 1 area for Category 2 shall be set as a 500 foot radius of the well or spring.

(i) For a PWS in counties west of the western extension of the Tennessee River, defined for purposes of this rule as West Tennessee (Figure 1);

Zone 2 shall be set as the 10 year Time-of-Travel (TOT). This area shall be calculated with the Environmental Protection Agency’s WHPA 2.0 Model, RESSQC Module using the mode which considers well interference. USGS MODFLOW shall be an acceptable alternative. Other modeling techniques must be approved in writing by the Department.

The PWS may perform the modeling of the Wellhead Protection area or may deliver the necessary information to the Department for the modeling of the wellhead protection area. The PWS shall use the generated model to determine the Wellhead Management Zone (Zone 2).

(ii) For Category 2 PWS in West Tennessee using aquifers under confined conditions, the PWS’s may use the leaky aquifer scenario in the GPTRAC or Monte Carlo module of WHPA 2.0 or the MODFLOW leaky aquifer scenario. For purposes of this rule, all confined aquifers in West Tennessee shall be considered to be leaking.

(iii) For Category 2 PWS east of the Tennessee River in karst and fractured rock areas (Figure 1), the collected hydrogeologic information shall be used to delineate the upgradient portion of the ground water recharge basin. The PWS may determine the upgradient portion of the recharge basin; or may deliver the information to the Department for assistance in delineating the basin. The delineated basin shall include direct recharge points to the aquifer such as sinkholes and stormwater runoff wells. All of Zone 1 shall be considered to lie within Zone 2.

Contaminant Source Inventory: Category 2 PWS are required to perform a potential contaminant source inventory within the Zones 1 and 2 as further specified in part (a)3. of this paragraph. The Wellhead Protection Plan should establish procedures to eliminate or minimize the risk to the PWS from potential contamination sources.
Wellhead Protection Plan:

(i) The Plan to be provided by Category 2 PWS shall consist of the required photographs, zones 1 and 2 marked on a topographic map, the contaminant source inventory and the steps the PWS is taking to protect/manage the wellhead protection area. The steps must include plans for hazardous chemical storage on the property, hazardous chemical use within Zones 1 and 2 and spill response notification in Zone 1. Other steps may be included such as proposed local ordinances. Two copies of the Plan shall be provided to the Division of Water Resources.

(ii) The Plan shall also include procedures for reviewing, modifying, and updating the Plan.

(iii) The existence of the Plan shall be included in the public water system’s consumer confidence report.

Wellhead Protection Program: Once the Wellhead Protection Plan has been approved by the Department, the PWS shall notify the governing county body and county/regional planning commission that a Wellhead Protection Program is in place and deliver copies of the Plan to such bodies. If the Wellhead Protection Zones cross county lines, that adjacent county must be notified. The PWS shall then implement the Plan and document progress. As a part of wellhead protection, the PWS shall maintain proper management of potential contaminant sources under its control. The PWS shall request that it be allowed to review and comment on land management issues in Zones 1 and 2 which may impact the ground water quality from all appropriate local governing bodies.

(i) The PWS shall submit to the Division of Water Resources copies of the letters and other documentation to verify and document the compliance with part 5. of this subparagraph.

(c) Category 3 PWS 1. Field Measurements/Photographs: Category 3 systems are required to collect water level elevation data from area wells to determine local ground water flow directions, water table slope (hydrologic gradient) and local ground water recharge basins. This information shall be used by the PWS to generate a model of the wellhead protection area. Category 3 PWS are required to provide the same photographs as set forth for Category 1 in part (a)1. of this paragraph. In addition, Category 3 PWS are required to provide aerial photographs of the well/wellfield or spring for Zones 1 and 2.

Area Delineation: The minimum Wellhead Protection Zone for Category 3 shall be set as a 750 foot radius of the well or spring.

(i) For PWS in counties west of the western extension of the Tennessee River defined for purposes of this rule as West Tennessee, the Wellhead Management Zone shall be set as the 10 year Time-of-Travel (TOT).

This area shall be calculated with the Environmental Protection Agency’s WHPA 2.0 Model, RESSQC Module using the mode which considers well interference. MODFLOW shall be an acceptable alternative. Other modeling techniques must be approved in writing by the Department.

(ii) For Category 3 PWS in West Tennessee (Figure 1) using aquifers under confined conditions, the PWS may use the leaky aquifer scenario in the GPTRAC or Monte Carlo module of WHPA 2.0 or the MODFLOW leaky aquifer scenario. For purposes of this rule, all confined aquifers in West Tennessee shall be considered to be leaking.

(iii) For closely spaced wells where zones overlap, the zones may be combined for a composite wellhead protection/management zone. The zone cannot be downgraded to lesser protection (Zone 1 areas override Zone 2 areas).

(iv) For Category 3 PWS east of the Tennessee River in karst and fractured rock areas (Figure 1), the collected hydrogeologic information shall be used to delineate the upgradient portion of the ground water recharge basin. Zone 2 shall describe the area (inclusive of Zone 1) that takes in the recharge basin upgradient of the wellhead/spring and shall include direct recharge points to the aquifer such as sinkholes and stormwater runoff wells.

Contaminant Source Inventory: Category 3 PWS are required to perform a potential contaminant source inventory within the Wellhead Management (Zone 2) and Wellhead Protection Zones (Zone 1) as set forth in part (a)3. of this paragraph. The Wellhead Protection Plan should establish procedures to eliminate or minimize the risk to the PWS from potential contamination sources.
Wellhead Protection Plan:

(i) The Plan to be provided by Category 3 PWS shall consist of the required photographs, Zones 1 and 2 marked on a topographic map, the contaminant source inventory, and the steps the PWS is taking to protect/manage the wellhead protection area. The steps must at least include plans for hazardous chemical storage on the property, hazardous chemical use within Zones 1 and 2, spill response notification in Zone 1 and proposed local ordinances in cooperation with the city or county government or county/ regional planning commission. Two copies of the Plan must be provided to the Division of Water Resources.

(ii) The Plan shall also include procedures for reviewing, modifying, and updating the Plan.

(iii) The existence of the Plan shall be included in the public water system’s consumer confidence report.

Wellhead Protection Program: Once the Wellhead Protection Plan has been approved by the Department, the PWS shall notify the governing county body and county/regional planning commission that a Wellhead Protection Program is in place and deliver copies of the Plan to such bodies. If the Wellhead Protection Zones cross county lines, that adjacent county must be notified. The PWS shall then implement the Plan and document progress. As a part of wellhead protection, the PWS shall maintain proper management of potential contaminant sources under its control. The PWS shall request that it be allowed to review and comment on land management issues in Zones 1 and 2 which may impact the ground water quality from all appropriate local governing bodies.

(d) Category 4 PWS 1. Field Measurements/Photographs: Category 4 systems are required to collect water level elevation data from area wells to determine local ground water flow directions, water table slope (hydrologic gradient) and local ground water recharge basins. Category 4 PWS are required to provide the same photographs as set forth for Category 1 in part (a)1. of this paragraph. In addition, Category 4 PWS are required to provide aerial photographs of the well/wellfield or spring for Zones 1 and 2.

Area Delineation: The minimum Zone 1 area for Category 4 PWS shall be set as a 750 foot radius of the well or spring.

(i) For PWS in counties west of the western extension of the Tennessee River, defined for purposes of this rule as West Tennessee (Figure 1), Zone 2 shall be set as the 10 year Time-of-Travel (TOT). This area shall be calculated with the Environmental Protection Agency’s WHPA 2.0 Model, RESSQC Module using the mode which considers well interference.

MODFLOW shall be an acceptable alternative. Other modeling techniques must be approved in writing by the Department.

(ii) For Category 4 PWS in West Tennessee using aquifers under confined conditions, the PWS’s may use the leaky aquifer scenario in the GPTRAC or Monte Carlo module of WHPA 2.0 or the MODFLOW leaky aquifer scenario. For purposes of this rule, all confined aquifers in West Tennessee shall be considered to be leaking.

(iv) For Category 4 PWS east of the Tennessee River in karst and fractured rock areas (Figure 1), the collected hydrogeologic information shall be used to delineate the upgradient portion of the ground water recharge basin. The Wellhead Management Zone (Zone 2) shall describe the area (inclusive of the Wellhead Protection Zone) that takes in the recharge basin upgradient of the wellhead/spring. Zone 2 shall describe the area (inclusive of the Zone 1) that takes in the recharge basin upgradient of the wellhead/spring and shall include direct recharge points to the aquifer such as sinkholes and stormwater runoff wells. All of Zone 1 shall be considered to lie within Zone 2.

Contaminant Source Inventory: Category 4 PWS are required to perform a potential contaminant source inventory within the Wellhead Management (Zone 2) and Wellhead Protection Zones (Zone 1) as set forth in part (a)3. of this paragraph. The plan should establish procedures to eliminate or minimize the risk to the PWS from potential contaminant sources.
Wellhead Protection Plan:

(i) The Plan to be provided by Category 4 PWS shall consist of the required photographs, Zones 1 and 2 marked on a topographic map, the contaminant source inventory, and the steps the PWS is taking to protect/manage the wellhead protection area. The steps must, at least, include plans for hazardous chemical storage on the property, hazardous chemical use within Zones 1 and 2, spill response notification in Zone 1 and proposed local ordinances in cooperation with the city or county government or county/regional planning commission. Two copies of the Plan shall be provided to the Division of Water Resources.

(ii) The Plan shall also include procedures for reviewing, modifying, and updating the Plan.

(iii) The existence of the Plan shall be included in the public water system’s consumer confidence report.

Wellhead Protection Program: Once the Wellhead Protection Plan has been approved by the Department, the PWS shall notify the governing county body and county/regional planning commission that a Wellhead Protection Program is in place and deliver copies of the Plan to such bodies. If the Wellhead Protection Zones cross county lines, that adjacent county must be notified. The PWS shall then implement the Plan and document progress. As a part of wellhead protection, the PWS shall maintain proper management of potential contaminant sources under its control. The PWS shall request that it be allowed to review and comment on land management issues in Zones 1 and 2 which may impact the ground water quality from all appropriate local governing bodies.

(3) Requirements for New Water Sources (a) Prior to the construction of a new water source, each PWS shall develop a Preliminary Evaluation Report (PER).

For a ground water source, the PER must include significant potential contaminant sources within a one-mile radius. The PWS shall submit the PER with the Engineering Plans and Specification to the Department for approval.

After a new ground water source is constructed, a Wellhead Protection Plan shall be developed pursuant to these rules. The PWS shall implement the Wellhead Protection Plan within twelve (12) months of completion of construction of the new source.

New ground water supply sources shall have source approvals in writing by the Department prior to initiation of operation as a public water supply source. An existing water system that was previously not designated as a public water system shall have sixty (60) days upon notification of the determination as a public water system to submit source approval documentation for the Department’s review. Source approvals shall include a one-mile radius inventory of significant potential contaminant sources for Category 2, 3 and 4 ground water supplies.

For a surface water source, the PER must include significant potential contaminant sources within the Critical Source Water Protection Zone five miles upstream of the surface water source and tributaries to that stream as well as an inventory of wastewater and stormwater discharges permitted by the Department within Zone A of the Source Water Management Zone, which is five to fifteen miles upstream of the surface water source and tributaries to that stream. The PWS shall submit the PER with the Engineering Plans and Specification to the Department for approval. After a new surface water source is developed, the PWS shall establish and maintain a potential contaminant source inventory and the source water provisions of the emergency operations plan. The potential contaminant source inventory and the source water protection provisions of the emergency operations plan shall be submitted to the Department within twelve (12) months of completion of construction of the new source. Each PWS shall notify the governing county body and county/regional planning commission in writing of the intake, critical source water protection zone and source water management zone in parts (1)(d)4. and 8. of this rule, per the Tennessee Safe Drinking Water Act, T.C.A. §§ 68-221-701 et seq.

New surface water supply sources shall have source approvals in writing by the Department prior to initiation of operation as a public water supply source. An existing water system that was previously not designated as a public water system shall have sixty (60) days upon notification of the determination as a public water system to submit source approval documentation for the Department’s review. Surface water intake inventories shall include significant potential contaminant sources within the Critical Source Water Protection Zone and an inventory of wastewater and stormwater discharges permitted by the Department within Zone A of the Source Water Management Zone.

(b) 1. Public Water Systems Using a Ground Water Source A PWS using a ground water source shall consider potential contamination sources in determining the location of the new source. The PER shall include a list of significant potential contamination sources within the potential Zone 1 area for new ground water sources. Additionally, the PWS will work with appropriate local governing bodies to limit the future location of any potential contamination source or activity within Zone 1.

Public Water Systems Using a Surface Water Source A PWS using a surface water source shall consider potential contamination sources in determining the location of the new source. The PER shall include a list of significant potential contamination sources within the Critical Source Water Protection Zone. Additionally, the PWS will work with appropriate local governing bodies to limit the future location of any potential contamination source or activity within the Critical Source Water Protection Zone.

(c) New PWS wells must receive site approval from the Department before drilling. New well approval is conditioned upon the PWS complying with all applicable drinking water source approval requirements. Approval of new wells by the Division of Water Resources will depend on the ability of the PWS to provide the highest degree of reliable control of the area. The Department may deny its approval for new wells to be put into service if these requirements cannot be met.

(4) Contingency Planning (a) Public water systems as a part of their emergency operation plans shall keep up to date the planned contingency procedures to include the notifications roster, response committee designees and other portions of the emergency operations plan pertaining to the contamination of or loss of the existing water sources.

(5) Prohibitions in Source Water Protection Areas (a) The discharge by any person of sewage or any other waste or contaminant at such a proximity to the intake, well or spring serving a public water system in such a manner or quantity that it will or will likely endanger the health or safety of customers of the system or cause damage to the system shall be prohibited.

Owners or operators of facilities or properties with potential or actual contaminant sources within close proximity to a public water supply intake, well or spring or its source water protection area so as to cause a threat to the water supply may be required by the Department to develop and implement a pollution prevention plan or implement best management practices appropriate for the activity. The pollution prevention plan shall be prepared in accordance with good engineering practices and shall identify potential sources of contamination at the facility that may reasonably be expected to affect the water quality. The plan shall be updated annually and submitted to the Department at no more than 3 year intervals. The plan shall describe and ensure implementation of practices including, but not limited to: diking, liners, covering, containment, relocation of the contaminant source or other actions that are to be used to reduce the likelihood of the contaminants entering the drinking water source. A copy of the pollution prevention plan shall be maintained onsite. A pollution prevention plan developed as a part of storm water management activities under Rule 1200-04- 10-.04, T.C.A. §§ 69-3-101 et seq. shall be considered as fulfilling this requirement provided that potential ground water contaminant sources are also addressed within the plan.
The Department may require onsite or offsite water quality monitoring, removal or remediation of the contaminant source by the property owner or other responsible party for contaminant sources within source water protection areas which have caused contamination of the ground water or surface water at levels that have adversely impacted the public water source to the point that additional monitoring and treatment are required for the public water system. Sites undergoing active investigation pursuant to remediation under the Hazardous Waste Management Act Parts 1 and 2, T.C.A. §§ 68-212-101 et seq. and §§ 68- 212-201 et seq., respectively or the Voluntary Cleanup, Oversight and Assistance Program Act, T.C.A. § 68-212-224 shall be considered as fulfilling this requirement for remediation activities to protect the impacted public water system.
Abandoned wells within wellhead protection areas which are a potential threat to contamination of the public water supply shall be properly plugged and closed in compliance with provisions in the Water Well Act, T.C.A. § 69-11-106(11) by the property owner or other responsible party. A well that has not been in use for a period of more than two (2) years shall be considered abandoned unless the owner of the well can demonstrate a need for the well and provide adequate protection to ensure the well will not be a discharge point for contamination.

Wells used for the regular, ongoing, collection of water-levels, water-quality, or other scientific measurements are not abandoned, but are considered observation wells. Observation wells must be properly maintained and have adequate protection to prevent their becoming a route for contamination.

(b) The heavy pumping or other heavy withdrawal of water from a public water system or its water supply source in a manner that would interfere with existing customers’ normal and reasonable needs or threaten existing customers’ health and safety shall be prohibited.

New water withdrawal sources within source water protection areas, including those that are required to register under the Water Resources Information Act, T.C.A. § 69-8-103, shall be required to demonstrate through modeling, testing or other hydrologic means that the public water supply will not be adversely impacted by the withdrawal. Existing water withdrawal sources within source water protection areas, including those that are required to register under the Water Resources Information Act may be required to perform modeling, testing or other hydrologic investigations to determine any adverse impact on a specific public water supply.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01. Amendments and new rules filed November 24, 2015; effective February 22, 2016. Amendments filed November 19, 2018; effective February 17, 2019.

Tenn. Comp. R. & Regs. 0400-45-01-.35 (3)(h)7.(i)I.

Fecal Coliform and E. coli † 0 0 0 Human and animal fecal waste.

Fecal coliforms and E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Microbes in these wastes can cause shortterm effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

E. coli ‡ Routine and repeat samples are total coliformpositive and either is E. coli-positive or system fails to take repeat samples Routine and repeat samples are total coliform-positive and either is E. coli-positive or system fails to take repeat samples following E. colipositive routine 0 Human and animal fecal waste.

E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language following E. coli-positive routine sample or system fails to analyze total coliformpositive repeat sample for E. coli. sample or system fails to analyze total coliform-positive repeat sample for E. coli. infants, young children, the elderly, and people with severely compromised immune systems.

Total organic carbon (ppm) TT TT N/A Naturally present in the environment.

Total organic carbon (TOC) has no health effects.

However, total organic carbon provides a medium for the formation of disinfection by-products.

These by-products include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these byproducts in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.

Fecal Indicators (enterococci)

TT TT N/A Human and animal fecal waste Fecal indicators are microbes whose presence indicates that the water may be contaminated with human or animal wastes.

Microbes in these wastes can cause short-term health effects such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants, young children, some of the elderly, and people with severely compromised immune systems.

Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Turbidity (NTU) TT TT N/A Soil runoff Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea and associated headaches.

Radioactive contaminants:

Beta/photon emitters (mrem/yr)

Alpha emitters (pCi/l)

Combined radium (pCi/l)

Uranium (pCi/L) 4 mrem/yr 15 pCi/I 5 pCi/l 30 ug/L Decay of natural and manmade deposits.

Erosion of natural deposits Erosion of natural deposits Erosion of natural deposits Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water contaiing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.

Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.

Some people who drink water containing radium 226 or 228 in excess of the MCL over many years may have an increased risk of getting cancer.

Some people who drink water con containing Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language uranium in excess of the MCL over many years may have an risk of getting cancer and kidney toxicity Inorganic contaminants:

Antimony (ppb)

Arsenic (ppb)

Asbestos (MFL)

Barium (ppm)

Beryllium (ppb)

Cadmium (ppb) .006 .01 7 MFL .004 .005 Discharge from petroleum refineries; fire retardants; ceramics; electronics; solder.

Erosion of natural deposits;

Runoff from orchards; Runoff from glass and electronic production wastes.

Decay of asbestos cement water mains; Erosion of natural deposits Discharge of drilling wastes;

Discharge from metal refineries; Erosion from natural deposits Discharge from metal refineries and coal burning factories; Discharge from electrical, aerospace and defense industries.

Corrosion of galvanized pipes;

Erosion of natural deposits;

Discharge from metal Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.

Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.

Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.

Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.

Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.

Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.

Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Chromium (ppb)

Copper (ppm)

Cyanide (ppb)

Fluoride (ppm) .1 AL=1.3 .2 AL=1.3 1.3 refineries; Runoff from waste batteries and paints.

Discharge from steel and pulp mills; Erosion of natural deposits Corrosion of household plumbing systems; Erosion of natural de posits; Leaching from wood preservatives Discharge from steel/metal factories; Discharge from plastic and fertilizer factories.

Erosion of natural deposits;

Water additive which promotes strong teeth;

Discharge from fertilizer and aluminum factories.

Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.

Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress.

Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson’s Disease should consult their personal doctor.

Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.

Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones.

Fluoride in drinking water at half the MCL or more may cause mottling of children’s teeth, usually in children less than nine years old.

Mottling, also known as dental fluorosis, may Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Lead (ppb)

Mercury [inorganic] (ppb)

Nitrate (ppm)

AL=.015 .002

AL=15

Corrosion of household plumbing systems; Erosion of natural deposits.

Erosion of natural deposits;

Discharge from refineries and factories; Runoff from landfills;

Run off from cropland.

Runoff from fertilizer use;

Leaching from septic tanks; sewage; Erosion of natural deposits include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.

Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.

Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if un treated, may die.

Symptoms include shortness of breath and blue baby syndrome.

Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if un treated, may die.

Symptoms include shortness of breath and Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Nitrite (ppm)

Selenium (ppb)

Thallium (ppb) .05 .002 0.5 Runoff from fertilizer use;

Leaching from septic tanks; sewage; Erosion of natural deposits Discharge from petroleum and metal refineries; Erosion of natural deposits; Discharge from mines.- Leaching from ore-processing sites; Discharge from electronics Glass, and drug factories. blue baby syndrome.

Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.

Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.

Synthetic organic contaminants including pesticides and herbicides: 2,4-D (ppb) 2,4,5-TP Silvex

Acrylamide .07 .05 TT TT Runoff from herbicide used on row crops.

Residue of banned herbicide.

Added to water during sewage/ wastewater treatment.

Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.

Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.

Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Alachlor (ppb)

Atrazine (ppb)

Benzo(a)pyrene (ppt)

[PAH]

Carbofuran (ppb)

Chlordane (ppb) .002 .003 .0002 .04 .002 1,000,000 Runoff from herbicide used on row crops.

Runoff from herbicide used on row crops.

Leaching from linings of water storage tanks and distribution lines.

Leaching of soil fumigant used on rice and alfalfa.

Residue of banned termiticide. getting cancer.

Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.

Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.

Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.

Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.

Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.

Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Dalapon (ppb)

Di(2-ethylhexyl) adipate (ppb)

Di(2-ethylhexyl) phthalate (ppb)

Dibromochloropropane (ppt)

Dinoseb (ppb) .2 .4 .006 .0002 .007 1,000,000 Runoff from herbicide used on rights of way.

Discharge from chemical factories.

Discharge from rubber and chemical factories.

Runoff/leaching from soil fumigant used on soybeans, cotton, pineapples, and orchards Runoff from herbicide used on soy- beans and vegetables.

Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.

Some people who drink water containing di(2ethylhexyl) adipate well in excess of the MCL over many years could experience general toxic effects or reproductive difficulties.

Some people who drink water containing di(2ethylhexyl) phthalate in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.

Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive problems and may have an increased risk of getting cancer.

Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.

Some people who drink water containing diquat in excess of the MCL over Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Diquat (ppb)

Dioxin [2,3,7,8-TCDD]

(ppq)

Endothall (ppb)

Endrin (ppb)

Epichlorohydrin Ethylene dibromide (ppt) .02 .00000003 .1 .002 TT .00005 1,000,000,000 1,000,000 TT Runoff from herbicide use.

Emissions from waste incineration and other combustion; Discharge from chemical factories.

Runoff from herbicide use.

Residue of banned insecticide.

Discharge from industrial chemical factories; An impurity of some water treatment chemicals.

Discharge from petroleum refineries many years could get cataracts.

Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.

Some people who drink water containing endothall in excess of the MCL over many years could experience problems with their stomach or intestines.

Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.

Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.

Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and - may have an increased risk of getting cancer.

Some people who drink water containing Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Glyphospate (ppb)

Heptachlor (ppt)

Heptachlor Epoxide (ppt)

Hexachlorobenzene (ppb) .7 .0004 .0002 .001 1,000,000 1,000,000 Runoff from herbicide use.

Residue of banned pesticide.

Breakdown of heptachlor.

Discharge from metal refineries and agricultural chemical factories. glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.

Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.

Some people who drink water containing hexachloronbenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.

Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.

Some people who drink water containing lindane in excess of the MCL over many years could Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Hexachlorcyclopentadiene (ppb)

Lindane (ppt)

Methoxychlor (ppb)

Oxamyl [Vydate] (ppb)

PCBs [Polychlorinated Biphenyls] (ppt)

Pentachlorophenol (ppb) .05 .0002 .04 .2 .0005 .001 1,000,000 1,000,000 Discharge from chemical factories.

Runoff/leaching from insecticide used on cattle, lumber, gardens.

Runoff/leaching from insecticide used on fruits, vegetables, alfalfa, livestock.

Runoff/leaching from insecticide used on apples, potatoes, and tomatoes.

Runoff from landfills;

Discharge of waste chemicals.

Discharge from wood preserving factories. experience problems with their kidneys or liver.

Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.

Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.

Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.

Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.

Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.

Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Picloram (ppb)

Simazine (ppb)

Toxaphene (ppb) .5 .004 .003 Herbicide runoff.

Herbicide runoff.

Runoff/leaching from insecticide used on cotton and cattle.

Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.

Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.

Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Volatile organic contaminants:

Benzene (ppb)

Bromate (ppb)

Carbon tetrachloride (ppb)

Chloramines (ppm)

Chlorine (ppm) .005 .010 .005 MRDL=4 MRDL=4 MRDL=4 MRDL=4 MRDLG=4 MRDLG=4 Discharge from factories;

Leaching from gas storage tanks and landfills.

By-product of drinking water chlorination.

Discharge from chemical plants and other industrial activities.

Water additive used to control microbes.

Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk of getting cancer.

Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.

Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose.

Some people chloramines who drink water containing well in excess of the MRDL could experience stomach discomfort or anemia.

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Chlorite (ppm)

Chloride dioxide (ppb)

Chlorobenzene (ppb) o-Dichlorobenzene (ppb)

MRDL=.8 .1 .6

MRDL=800 0.8

MRDLG= 800.

By-product of drinking water chlorination.

Water additive used to control microbes.

Discharge from chemical and agri cultural chemical factories.

Discharge from industrial chemical factories. discomfort.

Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.

Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.

Some people who drink water containing odichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys, or circulatory systems.

Some people who drink water containing p- Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language p-Dichlorobenzene (ppb) 1,2-Dichloroethane (ppb) 1,1-Dichloroethylene (ppb) cis-1,2-Dichloroethylene (ppb) trans-1,2-Dichloroethylene (ppb)

Dichloromethane (ppb) .075 .005 .007 .07 .1 .005 Discharge from industrial chemical factories.

Discharge from industrial chemical factories.

Discharge from dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys or spleen, or changes in their blood.

Some people who drink water containing 1,2dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.

Some people who drink water containing 1,1dichloroethylene in excess of the MCL over many years could experience problems with their liver.

Some people who drink water containing cis-1,2dichloroethylene in excess of the MCL over many years could experience problems with their liver.

Some people who drink water containing trans-1,2dichloroethylene well in excess of the MCL over many years could experience problems with their livers.

Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.

Some people who drink water containing Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Ethylbenzene (ppb)

Haloacetic Acids (HAA)

(ppb)

Styrene (ppb)

Tetrachloroethylene (ppb) 1,2,4-Trichlorobenzene (ppb) .7 .060 .1 .005 .07 N/A pharmaceutical and chemical factories.

Discharge from petroleum refineries.

By-product of drinking water disinfection.

Discharge from rubber and plastic factories; Leaching from landfills.

Discharge from factories and dry cleaners.

Discharge from textilefinishing factories. ethylbenzene well in excess of the MCL over many could experience problems with their liver or kidneys.

Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.

Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.

Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.

Some people who drink water containing 1,2,4trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.

Some people who drink water containing 1,1,1trichloroethane well in excess of the MCL over many years could have problems with their liver, nervous system, or circulatory system.

Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language 1,1,1-Trichlorethane (ppb) 1,1,2-Trichloroethane (ppb)

Trichloroethylene (ppb)

TTHMs [Total trihalomethanes]

(ppb)

Toluene (ppm) .2 .005 .005 0.10/0.080 100/80 N/A Discharge from metal degreasing sites and other factories.

Discharge from industrial and chemical factories Discharge from metal degreasing sites and other factories.

By-product of drinking water chlorination.

Discharge from petroleum factories.

Some people who drink water containing 1,1,2trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys or immune system.

Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.

Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous systems, and may have an increased risk of getting cancer.

Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.

Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.

Some people who drink water containing xylenes in excess of the MCL over Contaminant (units)

Traditional MCL in mg/L To convert for CCR, multiply by units MCL in CCR MCLG Major sources in drinking water Health effects language Vinyl Chloride (ppb)

Xylenes (ppm) .002 Leaching from PVC piping;

Discharge from plastics factories.

Discharge from petroleum factories. Discharge from chemical factories. many years could experience damage to their nervous system.

Footnote: † Until March 31, 2016 ‡ Beginning April 1, 2016 These arsenic values are effective January 23, 2006. Until then, the MCL is 0.05 mg/L and there is no MCLG.

Key:

AL = Action Level MCL = Maximum Contaminant Level MCLG = Maximum Contaminant Level Goal MFL = million fibers per liter MRDL = Maximum Residual Disinfectant Level MRDLG = Maximum Residual Disinfectant Level Goal mrem/year = millirems per year (a measure of radiation absorbed by the body)

N/A = Not applicable NTU = Nephelometric Turbidity Unit (a measure of water clarity) pCi/l = picocuries per liter (a measure of radioactivity ppm = parts per million, or milligrans per liter (mg/l) ppb = parts per billion, or micrograms per liter (μg/l) ppt = parts per trillion, or nanograms per liter ppq = parts per quadrillion, or picograms per liter TT = Treatment Technique

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01. Amendments and new rules filed November 24, 2015; effective February 22, 2016.

Tenn. Comp. R. & Regs. 0400-45-01-.36 compliance monitoring and all system specific study monitoring conducted during the period of the system specific study presented in a tabular or spreadsheet format acceptable to the Department. If changed from your system specific study plan submitted under subparagraph (a) of this paragraph, your IDSE report must also include a schematic of your distribution system, the population served, and system type (subpart H or ground water).

If you used the modeling provision under part (a)2. of this paragraph, you must include final information for the elements described in subpart (a)2.(ii) of this paragraph, and a 24-hour time series graph of residence time for each Rule

Tenn. Comp. R. & Regs. 0400-45-01-.37 or you qualified for a very small system waiver under paragraph (5) of Rule 0400-45-01-.37 or you are a nontransient noncommunity water system serving <10,000, you must monitor at the location(s) and dates identified in your monitoring plan in Rule 0400-45-01-.36, updated as required by paragraph (3) of this rule.

You must monitor at no fewer than the number of locations identified in this part.

Source water type Population size category Monitoring Frequency Distribution system monitoring location total per monitoring period

Subpart H <500 per year ............. 2 500-3,300 per quarter ............. 2 3,301-9,999 per quarter .............. 2 10,000-49,999 per quarter .............. 4 50,000-249,999 per quarter .............. 8 250,000-999,999 per quarter .............. 12 1,000,000-4,999,999 per quarter ............. 16 >5,000,000 per quarter 20 Ground Water <500 per year 2 500-9,999 per year 2 10,000-99,999 per quarter 4 100,000-499,999 per quarter 6 >500,000 per quarter 8 All systems must monitor during month of highest DBP concentrations.

Systems on quarterly monitoring must take dual sample sets every 90 days at each monitoring location, except for subpart H systems serving 500–3,300. Systems on annual monitoring and

subpart H systems serving 500–3,300 are required to take individual TTHM and HAA5 samples (instead of a dual sample set) at the locations with the highest TTHM and HAA5 concentrations, respectively. Only one location with a dual sample set per monitoring period is needed if highest TTHM and HAA5 concentrations occur at the same location (and month, if monitored annually).

If you are an undisinfected system that begins using a disinfectant other than UV light after the dates in Rule 0400-45-01-.37 for complying with the Initial Distribution System Evaluation requirements, you must consult with the Department to identify compliance monitoring locations for LRAAs. You must then develop a monitoring plan under paragraph (3) of this rule that includes those monitoring locations.

(b) Analytical methods. You must use an approved method listed in Rule 0400-45-01-.14 for TTHM and HAA5 analyses. Analyses must be conducted by laboratories that have received certification by EPA or the Department as specified in Rule 0400-45-01-.14.

(3) LRAA monitoring plan.

(a) 1. You must develop and implement a monitoring plan to be kept on file for Department and public review. The monitoring plan must contain the elements in

subpart (i) through (iv) of this part and be complete no later than the date you conduct your initial monitoring under this rule.

(i) Monitoring locations;

(ii) Monitoring dates;

(iii) Compliance calculation procedures; and (iv) Monitoring plans for any other systems in the combined distribution system if the Department has reduced monitoring requirements under the State

authority in 40 CFR 142.16(m).

If you were not required to submit an IDSE report under either paragraph (2) or (3) of Rule 0400-45-01-.37, and you do not have sufficient compliance monitoring locations under Rule 0400-45-01-.36 to identify the required number of LRAA compliance monitoring locations indicated in subparagraph (6)(b) of Rule 0400- 45-01-.37, you must identify additional locations by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of compliance monitoring locations have been identified. You must also provide the rationale for identifying the locations as having high levels of TTHM or HAA5. If you have more Rule 0400-45-01-.36 monitoring locations than required for LRAA compliance monitoring in subparagraph (6)(b) of Rule 0400- 45-01-.37, you must identify which locations you will use for LRAA compliance monitoring by alternating selection of locations representing high TTHM levels and high HAA5 levels until the required number of LRAA compliance monitoring locations have been identified.

(b) If you are a subpart H system serving > 3,300 people, you must submit a copy of your monitoring plan to the Department prior to the date you conduct your initial LRAA monitoring, unless your IDSE report submitted under Rule 0400-45-01-.37 contains all the information required by this paragraph.

(c) You may revise your monitoring plan to reflect changes in treatment, distribution system operations and layout (including new service areas), or other factors that may affect TTHM or HAA5 formation, or for Department-approved reasons, after consultation with the Department regarding the need for changes and the appropriateness of changes. If you change monitoring locations, you must replace existing compliance monitoring locations with the lowest LRAA with new locations that reflect the current distribution system locations with expected high TTHM or HAA5 levels. The Department may also require modifications in your monitoring plan. If you are a subpart H system serving > 3,300 people, you must submit a copy of your modified monitoring plan to the Department prior to the date you are required to comply with the revised monitoring plan.

(4) Reduced monitoring.

(a) You may reduce monitoring to the level specified in the table in this subparagraph any time the LRAA is less than or equal to 0.040 mg/L for TTHM and less than or equal to 0.030 mg/L for HAA5 at all monitoring locations. You may only use data collected under the provisions Rule 0400-45-01-.37 or this rule to qualify for reduced monitoring.

In addition, the source water annual average TOC level, before any treatment, must be less than or equal to 4.0 mg/L at each treatment plant treating surface water or ground water under the direct influence of surface water, based on monitoring conducted under either subpart (6)(b)1.(iii) or subparagraph (6)(d) of Rule 0400-45-01-.36.

Source water type Population size category Monitoring Frequency Distribution system monitoring location per monitoring period

Subpart H <500 per year . monitoring may not be reduced 500-3,300 per year 1 TTHM and 1 HAA5 sample: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter. 3,301-9,999 per year 2 dual sample sets: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement. 10,000-49,999 per quarter 2 dual sample sets at the locations with the highest TTHM and highest HAA5 LRAAs 50,000-249,999 per quarter 4 dual sample sets—at the locations with the two highest TTHM and two highest HAA5 LRAAs 250,000- 999,999 per quarter 6 dual sample sets—at the locations with the three highest TTHM and three highest HAA5 LRAAs 1,000,000- 4,999,999 per quarter 8 dual sample sets—at the locations with the four highest TTHM and four highest HAA5 LRAAs. >5,000,000 per quarter 10 dual sample sets—at the locations with the five highest TTHM and five highest HAA5 LRAAs Ground Water <500 every third year 1 TTHM and 1 HAA5 sample: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter. 500-9,999 per year 1 TTHM and 1 HAA5 sample: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement; 1 dual sample set per year if the highest TTHM and HAA5 measurements occurred at the same location and quarter 10,000-99,999 per year 2 dual sample sets: one at the location and during the quarter with the highest TTHM single measurement, one at the location and during the quarter with the highest HAA5 single measurement. 100,000- 499,999 per quarter 2 dual sample sets; at the locations with the highest TTHM and highest HAA5 LRAAs. >500,000 per quarter 4 dual sample sets at the locations with the two highest TTHM and two highest HAA5 LRAAs.

Systems on quarterly monitoring must take dual sample sets every 90 days.

(b) You may remain on reduced monitoring as long as the TTHM LRAA is less than or equal to 0.040 mg/L and the HAA5 LRAA less than or equal to 0.030 mg/L at each monitoring location (for systems with quarterly reduced monitoring) or each TTHM sample is less than or equal to 0.060 mg/L and each HAA5 sample is less than or equal to 0.045 mg/L (for systems with annual or less frequent monitoring). In addition, the source water annual average TOC level, before any treatment, must be less than or equal to 4.0 mg/L at each treatment plant treating surface water or ground water under the direct influence of surface water, based on monitoring conducted under either

subpart (6)(b)1.(iii) or subparagraph (6)(d) of Rule 0400-45-01-.36.

(c) If the LRAA based on quarterly monitoring at any monitoring location exceeds either 0.040 mg/L for TTHM or 0.030 mg/L for HAA5 or if the annual (or less frequent) sample at any location exceeds either 0.060 mg/L for TTHM or 0.045 mg/L for HAA5, or if the source water annual average TOC level, before any treatment, is >4.0 mg/L at any treatment plant treating surface water or ground water under the direct influence of surface water, you must resume routine monitoring under paragraph (2) of this rule or begin increased monitoring if paragraph (6) of this rule applies.

(d) The Department may return your system to routine monitoring at the Department’s discretion.

(5) Additional requirements for consecutive systems.

(a) If you are a consecutive system that does not add a disinfectant but delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light, you must comply with analytical and monitoring requirements for chlorine and chloramines in subparagraphs (5)(c) and (6)(c) of Rule 0400-45-01-.36 and the compliance requirements in part (7)(c)1. of Rule 0400-45-01-.36 beginning April 1, 2009, unless required earlier by the Department, and report monitoring results under subparagraph (8)(c) of Rule 0400-45-01-.36.

(6) Conditions requiring increased monitoring.

(a) If you are required to monitor at a particular location annually or less frequently than annually under paragraph (2) or (3) of this rule, you must increase monitoring to dual sample sets once per quarter (taken every 90 days) at all locations if a TTHM sample is >0.080 mg/L or a HAA5 sample is >0.060 mg/L at any location.

(b) You are in violation of the MCL when the LRAA exceeds the MCLs in paragraph (6) of

Rule 0400-45-01-.06, calculated based on four consecutive quarters of monitoring (or the LRAA calculated based on fewer than four quarters of data if the MCL would be exceeded regardless of the monitoring results of subsequent quarters). You are in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if you fail to monitor.

(c) You may return to routine monitoring once you have conducted increased monitoring for at least four consecutive quarters and the LRAA for every monitoring location is less than or equal to 0.060 mg/L for TTHM and less than or equal to 0.045 mg/L for HAA5.

(7) Operational evaluation levels.

(a) You have exceeded the operational evaluation level at any monitoring location where the sum of the two previous quarters’ TTHM results plus twice the current quarter’s TTHM result, divided by 4 to determine an average, exceeds 0.080 mg/L, or where the sum of the two previous quarters’ HAA5 results plus twice the current quarter’s HAA5 result, divided by 4 to determine an average, exceeds 0.060 mg/L.

(b) 1. If you exceed the operational evaluation level, you must conduct an operational evaluation and submit a written report of the evaluation to the Department no later than 90 days after being notified of the analytical result that causes you to exceed the operational evaluation level. The written report must be made available to the public upon request.

Your operational evaluation must include an examination of system treatment and distribution operational practices, including storage tank operations, excess storage capacity, distribution system flushing, changes in sources or source water quality, and treatment changes or problems that may contribute to TTHM and HAA5 formation and what steps could be considered to minimize future exceedances.

(i) You may request and the Department may allow you to limit the scope of your evaluation if you are able to identify the cause of the operational evaluation level exceedance.

(ii) Your request to limit the scope of the evaluation does not extend the schedule in part 1 of this subparagraph for submitting the written report.

The Department must approve this limited scope of evaluation in writing and you must keep that approval with the completed report.

(8) Requirements for remaining on reduced TTHM and HAA5 monitoring based on Rule 0400- 45-01-.36 results.

(a) You may remain on reduced monitoring after the dates identified in subparagraph (1)(c) of this rule for compliance with this rule only if you qualify for a 40/30 certification under paragraph (4) of Rule 0400-45-01-.37 or have received a very small system waiver under paragraph (5) of Rule 0400-45-01-.37, plus you meet the reduced monitoring criteria in subparagraph (4)(a) of this rule, and you do not change or add monitoring locations from those used for compliance monitoring under Rule 0400-45-01-.36. If your monitoring locations under this rule differ from your monitoring locations under

Rule 0400-45-01-.36 (subpart L), you may not remain on reduced monitoring after the dates identified in subparagraph (1)(c) of this rule for compliance with this rule.

(9) Requirements for remaining on increased TTHM and HAA5 monitoring based on Rule 0400- 45-01-.36 results.

(a) If you were on increased monitoring under part (6)(b)1. of Rule 0400-45-01-.36, you must remain on increased monitoring until you qualify for a return to routine monitoring under subparagraph (6)(c) of this rule. You must conduct increased monitoring under paragraph (6) of this rule at the monitoring locations in the monitoring plan developed under paragraph (3) of this rule beginning at the date identified in subparagraph (1)(c) of this rule for compliance with this rule and remain on increased monitoring until you qualify for a return to routine monitoring under subparagraph (6)(c) of this rule.

(10) Reporting and Recordkeeping Requirements (a) Reporting.

You must report the following information for each monitoring location to the Department within 10 days of the end of any quarter in which monitoring is required:

(i) Number of samples taken during the last quarter.

(ii) Date and results of each sample taken during the last quarter.

(iii) Arithmetic average of quarterly results for the last four quarters for each monitoring location (LRAA), beginning at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter. If the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters, you must report this information to the Department as part of the first report due following the compliance date or anytime thereafter that this determination is made. If you are required to conduct monitoring at a frequency that is less than quarterly, you must make compliance calculations beginning with the first compliance sample taken after the compliance date, unless you are required to conduct increased monitoring under paragraph (6) of this rule.

(iv) Whether, based on paragraph (6) of Rule 0400-45-01-.06 and this rule, the MCL was violated at any monitoring location.

(v) Any operational evaluation levels that were exceeded during the quarter and, if so, the location and date, and the calculated TTHM and HAA5 levels.

If you are a subpart H system seeking to qualify for or remain on reduced TTHM/HAA5 monitoring, you must report the following source water TOC information for each treatment plant that treats surface water or ground water under the direct influence of surface water to the Department within 10 days of the end of any quarter in which monitoring is required:

(i) The number of source water TOC samples taken each month during last quarter.

(ii) The date and result of each sample taken during last quarter.

(iii) The quarterly average of monthly samples taken during last quarter or the result of the quarterly sample.

(iv) The running annual average (RAA) of quarterly averages from the past four quarters.

(v) Whether the RAA exceeded 4.0 mg/L.

The Department may choose to perform calculations and determine whether the MCL was exceeded or the system is eligible for reduced monitoring in lieu of having the system report that information.

(b) Recordkeeping. You must retain any LRAA monitoring plans and your LRAA monitoring results as required by Rule 0400-45-01-.20.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-701, et seq.
Administrative History: Original rule filed August 1, 2012; effective October 30, 2012. Rule was previously numbered 1200-05-01.

Tenn. Comp. R. & Regs. 0400-45-01-.38 STAGE 2 DISINFECTION BYPRODUCTS REQUIREMENTS (LRAA)

(1) General Requirements (a) The requirements of this rule constitute national primary drinking water regulations.

This rule establishes monitoring and other requirements for achieving compliance with maximum contaminant levels based on locational running annual averages (LRAA) for total trihalomethanes (TTHM) and haloacetic acids (five)(HAA5), and for achieving compliance with maximum residual disinfectant residuals for chlorine and chloramine for certain consecutive systems.

(b) Applicability. You are subject to these requirements if your system is a community water system or a nontransient noncommunity water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light.

If you are this type of system You must comply with monitoring under this rule by:

Systems that are not part of a combined distribution system and systems that serve the largest population in the combined distribution system System serving 100,000 or more April 1, 2012 System serving 50,000-99,999 October 1, 2012 System serving 10,000-49,999 October 1, 2013.

System serving less than 10,000 October1, 2013 if no Cryptosporidium monitoring is required under part (2)(a)4. of Rule 0400-45-01-.39 or October 1, 2014 if Cryptosporidium monitoring is required under part (2)(a)4. or (2)(a)6.

Other systems that are part of a combined distribution system Consecutive system or wholesale system —at the same time as the system with the earliest compliance date in the combined distribution system The Department may grant up to an additional 24 months for compliance with MCLs and operational evaluaton levels if you require capital improvements to comply with an MCL.

Your monitoring frequency is specified in part (2)(a)2. of this rule.

(i) If you are required to conduct quarterly monitoring, you must begin monitoring in the first full calendar quarter that includes the compliance date in the table in this subparagraph.

(ii) If you are required to conduct monitoring at a frequency that is less than quarterly, you must begin monitoring in the calendar month recommended in the IDSE report prepared under paragraph (2) or (3) of Rule 0400-45-01- .37 or the calendar month identified in the (LRAA) monitoring plan developed under paragraph (3) of this rule no later than 12 months after the compliance date in this table.

If you are required to conduct quarterly monitoring, you must make compliance calculations at the end of the fourth calendar quarter that follows the compliance date and at the end of each subsequent quarter (or earlier if the LRAA calculated based on fewer than four quarters of data would cause the MCL to be exceeded regardless of the monitoring results of subsequent quarters). If you are required to conduct monitoring at a frequency that is less than quarterly, you must make compliance calculations beginning with the first compliance sample taken after the compliance date.
For the purpose of the schedule in this subparagraph, the Department may determine that the combined distribution system does not include certain consecutive systems based on factors such as receiving water from a wholesale system only on an emergency basis or receiving only a small percentage and small volume of water from a wholesale system. The Department may also determine that the combined distribution system does not include certain wholesale systems based on factors such as delivering water to a consecutive system only on an emergency basis or delivering only a small percentage and small volume of water to a consecutive system.

(d) Monitoring and compliance.

Systems required to monitor quarterly. To comply with LRAA MCLs, you must calculate LRAAs for TTHM and HAA5 using monitoring results collected under this rule and determine that each LRAA does not exceed the MCL. If you fail to complete four consecutive quarters of monitoring, you must calculate compliance with the MCL based on the average of the available data from the most recent four quarters. If you take more than one sample per quarter at a monitoring location, you must average all samples taken in the quarter at that location to determine a quarterly average to be used in the LRAA calculation.
Systems required to monitor yearly or less frequently. To determine compliance with LRAAs, you must determine that each sample taken is less than the MCL. If any sample exceeds the MCL, you must comply with the requirements of paragraph (6) of this rule. If no sample exceeds the MCL, the sample result for each monitoring location is considered the LRAA for that monitoring location.

(e) Violation. You are in violation of the monitoring requirements for each quarter that a monitoring result would be used in calculating an LRAA if you fail to monitor.

(2) Routine Monitoring (a) Monitoring.

If you submitted an IDSE report, you must begin monitoring at the locations and months you have recommended in your IDSE report submitted under paragraph (6) of Rule 0400-45-01-.37 following the schedule in subparagraph (1)(c) of this

rule, unless the Department requires other locations or additional locations after its review. If you submitted a 40/30 certification under paragraph (4) of Rule

Tenn. Comp. R. & Regs. 0400-45-01-.39 ENHANCED TREATMENT FOR CRYPTOSPORIDIUM

(1) General requirements.

(a) The requirements of this rule are national primary drinking water regulations. The regulations establish or extend treatment technique requirements in lieu of maximum contaminant levels for Cryptosporidium. These requirements are in addition to requirements for filtration and disinfection in Rule 0400-45-01-.31.

(b) Applicability. The requirements of this rule apply to all subpart H systems, which are public water systems supplied by a surface water source and public water systems supplied by a ground water source under the direct influence of surface water (GWUDI).

Wholesale systems, as defined in Rule 0400-45-01-.04, must comply with the requirements of this rule based on the population of the largest system in the combined distribution system.
The requirements of this rule for filtered systems apply to systems required by National Primary Drinking Water Regulations to provide filtration treatment, whether or not the system is currently operating a filtration system.
The requirements of this rule for unfiltered systems apply only to unfiltered systems that timely met and continue to meet the filtration avoidance criteria in

Rule 0400-45-01-.31, as applicable.

Systems must conduct an initial and a second round of source water monitoring for each plant that treats a surface water or GWUDI source. This monitoring may include sampling for Cryptosporidium, E. coli, and turbidity as described in paragraphs (2) through (7) of this rule, to determine what level, if any, of additional Cryptosporidium treatment they must provide.
Systems that plan to make a significant change to their disinfection practice must develop disinfection profiles and calculate disinfection benchmarks, as described in paragraphs (9) through (10) of this rule.
Filtered systems must determine their Cryptosporidium treatment bin classification as described in paragraph (11) of this rule and provide additional treatment for Cryptosporidium, if required, as described in paragraph (12) of this

rule. All unfiltered systems must provide treatment for Cryptosporidium as described in paragraph (13) of this rule. Filtered and unfiltered systems must implement Cryptosporidium treatment according to the schedule in paragraph (14) of this rule.

Systems with uncovered finished water storage facilities must comply with the requirements to cover the facility or treat the discharge from the facility as described in paragraph (15) of this rule.
Systems required to provide additional treatment for Cryptosporidium must implement microbial toolbox options that are designed and operated as described in paragraphs (16) through (21) of this rule.
Systems must comply with the applicable recordkeeping and reporting requirements described in paragraphs (22) through (23) of this rule.
Systems must address significant deficiencies identified in sanitary surveys performed by the Department or EPA as described in paragraph (24) of this rule.

(2) Source water monitoring.

(a) Initial round of source water monitoring. Systems must conduct the following monitoring on the schedule in subparagraph (c) of this paragraph unless they meet the monitoring exemption criteria in subparagraph (d) of this paragraph.

Filtered systems serving at least 10,000 people must sample their source water for Cryptosporidium, E. coli, and turbidity at least monthly for 24 months.
Unfiltered systems serving at least 10,000 people must sample their source water for Cryptosporidium at least monthly for 24 months.
(i) Filtered systems serving fewer than 10,000 people must sample their source water for E. coli at least once every two weeks for 12 months.

(ii) A filtered system serving fewer than 10,000 people may avoid E. coli monitoring if the system notifies the Department that it will monitor for Cryptosporidium as described in part 4 of this subparagraph. The system must notify the Department no later than 3 months prior to the date the system is otherwise required to start E. coli monitoring under subparagraph (c) of this paragraph.

Filtered systems serving fewer than 10,000 people must sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months if they meet one of the following, based on monitoring conducted under part 3. of this subparagraph:

(i) For systems using lake/reservoir sources, the annual mean E. coli concentration is greater than 10 E. coli/ 100 mL.

(ii) For systems using flowing stream sources, the annual mean E. coli concentration is greater than 50 E. coli/ 100 mL.

(iii) The system does not conduct E. coli monitoring as described in part 3. of this subparagraph.

(iv) Systems using ground water under the direct influence of surface water (GWUDI) must comply with the requirements of this part based on the E. coli level that applies to the nearest surface water body. If no surface water body is nearby, the system must comply based on the requirements that apply to systems using lake/reservoir sources.

For filtered systems serving fewer than 10,000 people, the Department may approve monitoring for an indicator other than E. coli under part 3. of this subparagraph. The Department also may approve an alternative to the E. coli concentration in subpart 4.(i), (ii) or (iv) of this subparagraph to trigger Cryptosporidium monitoring. This approval by the Department must be provided to the system in writing and must include the basis for the Department’s determination that the alternative indicator and/or trigger level will provide a more accurate identification of whether a system will exceed the Bin 1 Cryptosporidium level in paragraph (11) of this rule.
Unfiltered systems serving fewer than 10,000 people must sample their source water for Cryptosporidium at least twice per month for 12 months or at least monthly for 24 months.
Systems may sample more frequently than required if the sampling frequency is evenly spaced throughout the monitoring period.

(b) Second round of source water monitoring. Systems must conduct a second round of source water monitoring that meets the requirements for monitoring parameters, frequency, and duration described in subparagraph (a) of this paragraph, unless they meet the monitoring exemption criteria in subparagraph (d) of this paragraph. Systems must conduct this monitoring on the schedule in subparagraph (c) of this paragraph.

(c) Monitoring schedule. Systems must begin the monitoring required in subparagraphs (a) and (b) of this paragraph no later than the month beginning with the date listed in this table:

SOURCE WATER MONITORING STARTING DATES TABLE

Systems that serve Must begin the first round of source water monitoring no later than the month beginning . . .

And must begin the second round of source water monitoring no later than the month beginning . . .

(1) At least 100,000 people (i) October 1, 2006 (ii) April 1, 2015.

(2) From 50,000 to 99,999 people (i) April 1, 2007 (ii) October 1, 2015 (3) From 10,000 to 49,999 people (i) April 1, 2008 (ii) October 1, 2016 (4) Fewer than 10,000 and monitor for E. coli a (i) October 1, 2008 (ii) October 1, 2017 (5) Fewer than 10,000 and monitor for Cryptosporidium b (i) April 1, 2010 (ii) April 1, 2019 a Applies only to filtered systems. b Applies to filtered systems that meet the conditions of paragraph (a)4. and unfiltered systems.

(d) Monitoring avoidance.

Filtered system are not required to conduct source water monitoring under this

rule if the system will provide a total of at least 5.5-log of treatment for Cryptosporidium, equivalent to meeting the treatment requirements of Bin 4 in paragraph (12) of this rule.

Unfiltered systems are not required to conduct source water monitoring under this rule if the system will provide a total of at least 3-log Cryptosporidium inactivation, equivalent to meeting the treatment requirements for unfiltered systems with a mean Cryptosporidium concentration of greater than 0.01 oocysts/L in paragraph (13) of this rule.
If a system chooses to provide the level of treatment in part 1. or 2. of this subparagraph, as applicable, rather than start source water monitoring, the system must notify the Department in writing no later than the date the system is scheduled for monitoring under paragraph (3) of this rule. Alternatively, a system may choose to stop sampling at any point after it has initiated monitoring if it notifies the Department in writing that it will provide this level of treatment.

Systems must install and operate technologies to provide this level of treatment by the applicable treatment compliance date in paragraph (14) of this rule.

(e) Plants operating only part of the year. Systems with subpart H plants that operate for only part of the year must conduct source water monitoring in accordance with this rule, but with the following modifications:

Systems must sample their source water only during the months that the plant operates unless the Department specifies another monitoring period based on plant operating practices.
Systems with plants that operate less than six months per year and that monitor for Cryptosporidium must collect at least six Cryptosporidium samples per year during each of two years of monitoring. Samples must be evenly spaced throughout the period the plant operates.

(f) 1. New sources. A system that begins using a new source of surface water or GWUDI after the system is required to begin monitoring under subparagraph (c) of this paragraph must monitor the new source on a schedule the Department approves. Source water monitoring must meet the requirements of this rule. The system must also meet the bin classification and Cryptosporidium treatment requirements of paragraphs (11) and (12) or (13) of this rule, as applicable, for the new source on a schedule the Department approves.

The requirements of this paragraph apply to subpart H systems that begin operation after the monitoring start date applicable to the system’s size under subparagraph (c) of this paragraph.
The system must begin a second round of source water monitoring no later than 6 years following initial bin classification under paragraph (11) of this rule or determination of the mean Cryptosporidium level under paragraph (13) of this

rule, as applicable.

(g) Failure to collect any source water sample required under this paragraph in accordance with the sampling schedule, sampling location, analytical method, approved laboratory, and reporting requirements of paragraphs (3) through (7) of this rule is a monitoring violation.

(h) Grandfathering monitoring data. Systems may use (grandfather) monitoring data collected prior to the applicable monitoring start date in subparagraph (c) of this paragraph to meet the initial source water monitoring requirements in subparagraph (a) of this paragraph. Grandfathered data may substitute for an equivalent number of months at the end of the monitoring period. All data submitted under this paragraph must meet the requirements in paragraph (8) of this rule.

(3) Sampling schedules.

(a) Systems required to conduct source water monitoring under paragraph (2) of this rule must submit a sampling schedule that specifies the calendar dates when the system will collect each required sample.

Systems must submit sampling schedules no later than 3 months prior to the applicable date listed in subparagraph (2)(c) of this rule for each round of required monitoring.
(i) Systems serving at least 10,000 people must submit their sampling schedule for the initial round of source water monitoring under subparagraph (2)(a) of this rule to the Department and to the EPA electronically at https://intranet.epa.gov/lt2/.

(ii) If a system is unable to submit the sampling schedule electronically, the system may use an alternative approach for submitting the sampling schedule that EPA approves.

Systems serving fewer than 10,000 people must submit their sampling schedules for the initial round of source water monitoring under subparagraph (2)(a) of this

rule to the Department.

Systems must submit sampling schedules for the second round of source water monitoring under subparagraph (2)(b) of this rule to the Department.
If EPA or the Department does not respond to a system regarding its sampling schedule, the system must sample at the reported schedule.

(b) Systems must collect samples within two days before or two days after the dates indicated in their sampling schedule (i.e., within a five-day period around the schedule date) unless one of the conditions of part 1. or 2. of this subparagraph applies.

If an extreme condition or situation exists that may pose danger to the sample collector, or that cannot be avoided and causes the system to be unable to sample in the scheduled five-day period, the system must sample as close to the scheduled date as is feasible unless the Department approves an alternative sampling date. The system must submit an explanation for the delayed sampling date to the Department concurrent with the shipment of the sample to the laboratory. 2 (i) If a system is unable to report a valid analytical result for a scheduled sampling date due to equipment failure, loss of or damage to the sample, failure to comply with the analytical method requirements, including the quality control requirements in paragraph (5) of this rule, or the failure of an approved laboratory to analyze the sample, then the system must collect a replacement sample.

(ii) The system must collect the replacement sample not later than 21 days after receiving information that an analytical result cannot be reported for the scheduled date unless the system demonstrates that collecting a replacement sample within this time frame is not feasible or the Department approves an alternative resampling date. The system must submit an explanation for the delayed sampling date to the Department concurrent with the shipment of the sample to the laboratory.

(c) Systems that fail to meet the criteria of subparagraph (b) of this paragraph for any source water sample required under paragraph (2) of this rule must revise their sampling schedules to add dates for collecting all missed samples. Systems must submit the revised schedule to the Department for approval prior to when the system begins collecting the missed samples.

(4) Sampling locations.

(a) Systems required to conduct source water monitoring under paragraph (2) of this rule must collect samples for each plant that treats a surface water or GWUDI source.

Where multiple plants draw water from the same influent, such as the same pipe or intake, the Department may approve one set of monitoring results to be used to satisfy the requirements of paragraph (2) of this rule for all plants.

(b) 1. Systems must collect source water samples prior to chemical treatment, such as coagulants, oxidants and disinfectants, unless the system meets the condition of

part 2. of this subparagraph.

The Department may approve a system to collect a source water sample after chemical treatment. To grant this approval, the Department must determine that collecting a sample prior to chemical treatment is not feasible for the system and that the chemical treatment is unlikely to have a significant adverse effect on the analysis of the sample.

(c) Systems that recycle filter backwash water must collect source water samples prior to the point of filter backwash water addition.

(d) Bank filtration.

Systems that receive Cryptosporidium treatment credit for bank filtration under subparagraph (4)(b) or (d) of Rule 0400-45-01-.31, as applicable, must collect source water samples in the surface water prior to bank filtration.
Systems that use bank filtration as pretreatment to a filtration plant must collect source water samples from the well (i.e., after bank filtration). Use of bank filtration during monitoring must be consistent with routine operational practice.

Systems collecting samples after a bank filtration process may not receive treatment credit for the bank filtration under subparagraph (18)(c) of this rule.

(e) Multiple sources. Systems with plants that use multiple water sources, including multiple surface water sources and blended surface water and ground water sources, must collect samples as specified in part 1. or 2. of this subparagraph. The use of multiple sources during monitoring must be consistent with routine operational practice.

If a sampling tap is available where the sources are combined prior to treatment, systems must collect samples from the tap.
If a sampling tap where the sources are combined prior to treatment is not available, systems must collect samples at each source near the intake on the same day and must follow either subpart (i) or (ii) of this part for sample analysis.

(i) Systems may composite samples from each source into one sample prior to analysis. The volume of sample from each source must be weighted according to the proportion of the source in the total plant flow at the time the sample is collected.

(ii) Systems may analyze samples from each source separately and calculate a weighted average of the analysis results for each sampling date. The weighted average must be calculated by multiplying the analysis result for each source by the fraction the source contributed to total plant flow at the time the sample was collected and then summing these values.

(f) Additional Requirements. Systems must submit a description of their sampling location(s) to the Department at the same time as the sampling schedule required under paragraph (3) of this rule. This description must address the position of the sampling location in relation to the system’s water source(s) and treatment processes, including pretreatment, points of chemical treatment, and filter backwash recycle. If the Department does not respond to a system regarding sampling location(s), the system must sample at the reported location(s).

(5) Reserved (6) Approved laboratories.

(a) Cryptosporidium. Systems must have Cryptosporidium samples analyzed by a laboratory that is approved under EPA’s Laboratory Quality Assurance Evaluation Program for Analysis of Cryptosporidium in Water or a laboratory that has been certified for Cryptosporidium analysis by an equivalent State laboratory certification program.

(b) E. coli. Any laboratory certified by the EPA, the National Environmental Laboratory Accreditation Conference or the Department for total coliform or fecal coliform analysis under Rule 0400-45-01-.31 is approved for E. coli analysis under this rule when the laboratory uses the same technique for E. coli that the laboratory uses to count the number of e-coli colonies under Rule 0400-45-01-.31. The alternative testing method of E. coli under this rule is Standard Method 9222 D/9222 G. Membrane Filtration, Two Step Methodology from Standard Method 20 th edition.

(7) Reporting source water monitoring results.

(a) Systems must report results from the source water monitoring required under paragraph (2) of this rule no later than 10 days after the end of the first month following the month when the sample is collected.

(b) 1. All systems serving at least 10,000 people must report the results from the initial source water monitoring required under subparagraph (2)(a) of this rule to EPA electronically at https://intranet.epa.gov/lt2/.

If a system is unable to report monitoring results electronically, the system may use an alternative approach for reporting monitoring results that EPA approves.

(c) Systems serving fewer than 10,000 people must report results from the initial source water monitoring required under subparagraph (2)(a) of this rule to the Department.

(d) All systems must report results from the second round of source water monitoring required under paragraph (2) of this rule to the Department.

(e) Systems must report the applicable information in parts 1. and 2. of this subparagraph for the source water monitoring required under paragraph (2) of this rule.

Systems must report the following data elements for each Cryptosporidium analysis: PWSID, Facility ID, Sample collection date, Sample type (field or matrix spike), Sample volume filtered (L), to nearest 0.25 L. Was 100% of filtered volume examined, Number of oocysts counted.

(i) For matrix spike samples, systems must also report the sample volume spiked and estimated number of oocysts spiked. These data are not required for field samples.

(ii) For samples in which less than 10 L is filtered or less than 100% of the sample volume is examined, systems must also report the number of filters used and the packed pellet volume.

(iii) For samples in which less than 100% of sample volume is examined, systems must also report the volume of resuspended concentrate and volume of this resuspension processed through immunomagnetic separation.

Systems must report the following data elements for each E. coli analysis:

PWSID, Facility ID, Sample collection date, Analytical method number, Method type, Source type (flowing stream, lake/reservoir, GWUDI), E. coli/100 mL, Turbidity . . Systems serving fewer than 10,000 people that are not required to monitor for turbidity under paragraph (2) of this rule are not required to report turbidity with their E. coli results.

(8) Grandfathering previously collected data.

(a) 1. Systems may comply with the initial source water monitoring requirements of subparagraph (2)(a) of this rule by grandfathering sample results collected before the system is required to begin monitoring (i.e., previously collected data). To be grandfathered, the sample results and analysis must meet the criteria in this paragraph and the Department must approve.

A filtered system may grandfather Cryptosporidium samples to meet the requirements of subparagraph (2)(a) of this rule when the system does not have corresponding E. coli and turbidity samples. A system that grandfathers Cryptosporidium samples without E. coli and turbidity samples is not required to collect E. coli and turbidity samples when the system completes the requirements for Cryptosporidium monitoring under subparagraph (2)(a) of this

rule.

(b) E. coli sample analysis. The analysis of E. coli samples must meet the analytical method and approved laboratory requirements of paragraphs (5) through (6) of this

rule.

(c) Cryptosporidium sample analysis. The analysis of Cryptosporidium samples must meet the criteria in this subparagraph.

Laboratories analyzed Cryptosporidium samples using one of the analytical methods in subparts (i) through (vi) of this part, which are incorporated by reference. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of these methods on-line from the United States Environmental Protection Agency, Office of Ground Water and Drinking Water, 1201 Constitution Ave, NW, Washington, DC 20460 (Telephone: 800-426-4791). You may inspect a copy at the Water Docket in the EPA Docket Center, 1301 Constitution Ave., NW, Washington, DC, (Telephone: 202-566- 2426) or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locatio ns.html.

(i) Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/ FA, 2005, United States Environmental Protection Agency, EPA–815–R–05– 002.

(ii) Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 2005, United States Environmental Protection Agency, EPA–815–R–05–001.

(iii) Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/ FA, 2001, United States Environmental Protection Agency, EPA–821–R–01– 025.

(iv) Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 2001, United States Environmental Protection Agency, EPA–821–-R–01–026.

(v) Method 1623: Cryptosporidium and Giardia in Water by Filtration/IMS/ FA, 1999, United States Environmental Protection Agency, EPA–821–R–99– 006.

(vi) Method 1622: Cryptosporidium in Water by Filtration/IMS/FA, 1999, United States Environmental Protection Agency, EPA–821–R–99–001.

For each Cryptosporidium sample, the laboratory analyzed at least 10 L of sample or at least 2 mL of packed pellet or as much volume as could be filtered by 2 filters that EPA approved for the methods listed in part 1. of this subparagraph.

(d) Sampling location. The sampling location must meet the conditions in paragraph (4) of this rule.

(e) Sampling frequency. Cryptosporidium samples were collected no less frequently than each calendar month on a regular schedule, beginning no earlier than January 1999.

Sample collection intervals may vary for the conditions specified in parts (3)(b)1. and 2. of this rule if the system provides documentation of the condition when reporting monitoring results.

The Department may approve grandfathering of previously collected data where there are time gaps in the sampling frequency if the system conducts additional monitoring the Department specifies to ensure that the data used to comply with the initial source water monitoring requirements of subparagraph (2)(a) of this

rule are seasonally representative and unbiased.

Systems may grandfather previously collected data where the sampling frequency within each month varied. If the Cryptosporidium sampling frequency varied, systems must follow the monthly averaging procedure in part (11)(b)5. or (13)(a)3. of this rule, as applicable, when calculating the bin classification for filtered systems or the mean Cryptosporidium concentration for unfiltered systems.

(f) Reporting monitoring results for grandfathering. Systems that request to grandfather previously collected monitoring results must report the following information by the applicable dates listed in this subparagraph. Systems serving at least 10,000 people must report this information to EPA unless the Department approves reporting to the Department rather than EPA. Systems serving fewer than 10,000 people must report this information to the Department.

Systems must report that they intend to submit previously collected monitoring results for grandfathering. This report must specify the number of previously collected results the system will submit, the dates of the first and last sample, and whether a system will conduct additional source water monitoring to meet the requirements of subparagraph (2)(a) of this rule. Systems must report this information no later than the date the sampling schedule under paragraph (3) of this rule is required.
Systems must report previously collected monitoring results for grandfathering, along with the associated documentation listed in subparts (i) through (iv) of this

part, no later than two months after the applicable date listed in subparagraph (2)(c) of this rule.

(i) For each sample result, systems must report the applicable data elements in paragraph (7) of this rule.

(ii) Systems must certify that the reported monitoring results include all results the system generated during the time period beginning with the first reported result and ending with the final reported result. This applies to samples that were collected from the sampling location specified for source water monitoring under this rule, not spiked, and analyzed using the laboratory’s routine process for the analytical methods listed in this paragraph.

(iii) Systems must certify that the samples were representative of a plant’s source water(s) and the source water(s) have not changed. Systems must report a description of the sampling location(s), which must address the position of the sampling location in relation to the system’s water source(s) and treatment processes, including points of chemical addition and filter backwash recycle.

(iv) For Cryptosporidium samples, the laboratory or laboratories that analyzed the samples must provide a letter certifying that the quality control criteria specified in the methods listed in part (c)1. of this paragraph were met for each sample batch associated with the reported results. Alternatively, the laboratory may provide bench sheets and sample examination report forms for each field, matrix spike, IPR, OPR, and method blank sample associated with the reported results.

(g) If the Department determines that a previously collected data set submitted for grandfathering was generated during source water conditions that were not normal for the system, such as a drought, the Department may disapprove the data. Alternatively, the Department may approve the previously collected data if the system reports additional source water monitoring data, as determined by the Department, to ensure that the data set used under paragraph (11) or (13) of this rule represents average source water conditions for the system.

(h) If a system submits previously collected data that fully meet the number of samples required for initial source water monitoring under subparagraph (2)(a) of this rule and some of the data are rejected due to not meeting the requirements of this paragraph, systems must conduct additional monitoring to replace rejected data on a schedule the Department approves. Systems are not required to begin this additional monitoring until two months after notification that data have been rejected and additional monitoring is necessary.

(9) Requirements when making a significant change in disinfection practice.

(a) Following the completion of initial source water monitoring under subparagraph (2)(a) of this rule, a system that plans to make a significant change to its disinfection practice, as defined in subparagraph (b) of this paragraph, must develop disinfection profiles and calculate disinfection benchmarks for Giardia lamblia and viruses as described in paragraph (10) of this rule. Prior to changing the disinfection practice, the system must notify the Department and must include in this notice the information in parts 1. through 3. of this subparagraph.

A completed disinfection profile and disinfection benchmark for Giardia lamblia and viruses as described in paragraph (10) of this rule.
A description of the proposed change in disinfection practice.
An analysis of how the proposed change will affect the current level of disinfection.

(b) Significant changes to disinfection practice are defined as follows:

Changes to the point of disinfection;
Changes to the disinfectant(s) used in the treatment plant;
Changes to the disinfection process; or 4. Any other modification identified by the Department as a significant change to disinfection practice.

(10) Developing the disinfection profile and benchmark.

(a) Systems required to develop disinfection profiles under paragraph (9) of this rule must follow the requirements of this paragraph. Systems must monitor at least weekly for a period of 12 consecutive months to determine the total log inactivation for Giardia lamblia and viruses. If systems monitor more frequently, the monitoring frequency must be evenly spaced. Systems that operate for fewer than 12 months per year must monitor weekly during the period of operation. Systems must determine log inactivation for Giardia lamblia through the entire plant, based on CT 99.9 values in Tables 1.1 through 1.6, 2.1 and 3.1 of subparagraph (5)(b) of Rule 0400-45-01-.31 as applicable.

Systems must determine log inactivation for viruses through the entire treatment plant based on a protocol approved by the Department.

(b) Systems with a single point of disinfection application prior to the entrance to the distribution system must conduct the monitoring in parts 1. through 4. of this subparagraph. Systems with more than one point of disinfection application must conduct the monitoring in parts 1. through 4. of this subparagraph for each disinfection segment. Systems must monitor the parameters necessary to determine the total inactivation ration, using analytical methods in paragraph (10) of Rule 0400-45-01-.14.

For systems using a disinfectant other than UV, the temperature of the disinfected water must be measured at each residual disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the Department.
For systems using chlorine, the pH of the disinfected water must be measured at each chlorine residual disinfectant concentration sampling point during peak hourly flow or at an alternative location approved by the Department.
The disinfectant contact time(s) (T) must be determined during peak hourly flow.
The residual disinfectant concentration(s) (C) of the water before or at the first customer and prior to each additional point of disinfectant application must be measured during peak hourly flow.

(c) In lieu of conducting new monitoring under subparagraph (b) of this paragraph, systems may elect to meet the requirements of part 1. or 2. of this subparagraph.

Systems that have at least one year of existing data that are substantially equivalent to data collected under the provisions of subparagraph (b) of this paragraph may use these data to develop disinfection profiles as specified in this paragraph if the system has neither made a significant change to its treatment practice nor changed sources since the data were collected. Systems may develop disinfection profiles using up to three years of existing data.
Systems may use disinfection profile(s) developed under Rule 0400-45-01-.31 in lieu of developing a new profile if the system has neither made a significant change to its treatment practice nor changed sources since the profile was developed. Systems that have not developed a virus profile under Rule 0400-45- 01-.31 must develop a virus profile using the same monitoring data on which the Giardia lamblia profile is based.

(d) Systems must calculate the total inactivation ratio for Giardia lamblia as specified in parts 1. through 3. of this subparagraph.

Systems using only one point of disinfectant application may determine the total inactivation ratio for the disinfection segment based on either of the methods in

subpart (i) or (ii) of this part.

(i) Determine one inactivation ratio (CTcalc/CT 99.9 ) before or at the first customer during peak hourly flow.

(ii) Determine successive CTcalc/CT 99.9 values, representing sequential inactivation ratios, between the point of disinfectant application and a point before or at the first customer during peak hourly flow. The system must calculate the total inactivation ratio by determining (CTcalc/CT 99.9 ) for each sequence and then adding the (CTcalc/ CT 99.9 ) values together to determine (Σ (CTcalc/CT 99.9 )).

Systems using more than one point of disinfectant application before the first customer must determine the CT value of each disinfection segment immediately prior to the next point of disinfectant application, or for the final segment, before or at the first customer, during peak hourly flow. The (CTcalc/CT 99.9 ) value of each segment and (Σ (CTcalc/CT 99.9 )) must be calculated using the method in

subpart 1.(ii) of this subparagraph.

The system must determine the total logs of inactivation by multiplying the value calculated in part 1. or 2. of this subparagraph by 3.0.
Systems must calculate the log of inactivation for viruses using a protocol approved by the Department.

(e) Systems must use the procedures specified in parts 1. and 2. of this subparagraph to calculate a disinfection benchmark.

For each year of profiling data collected and calculated under subparagraphs (a) through (d) of this paragraph, systems must determine the lowest mean monthly level of both Giardia lamblia and virus inactivation. Systems must determine the mean Giardia lamblia and virus inactivation for each calendar month for each year of profiling data by dividing the sum of daily or weekly Giardia lamblia and vir us log inactivation by the number of values calculated for that month.
The disinfection benchmark is the lowest monthly mean value (for systems with one year of profiling data) or the mean of the lowest monthly mean values (for systems with more than one year of profiling data) of Giardia lamblia and virus log inactivation in each year of profiling data.

(11) Bin classification for filtered systems.

(a) Following completion of the initial round of source water monitoring required under subparagraph (2)(a) of this rule, filtered systems must calculate an initial Cryptosporidium bin concentration for each plant for which monitoring was required.

Calculation of the bin concentration must use the Cryptosporidium results reported under subparagraph (2)(a) of this rule and must follow the procedures in parts (b)1. through 5. of this paragraph.

(b) 1. For systems that collect a total of at least 48 samples, the bin concentration is equal to the arithmetic mean of all sample concentrations.

For systems that collect a total of at least 24 samples, but not more than 47 samples, the bin concentration is equal to the highest arithmetic mean of all sample concentrations in any 12 consecutive months during which Cryptosporidium samples were collected.
For systems that serve fewer than 10,000 people and monitor for Cryptosporidium for only one year (i.e., collect 24 samples in 12 months), the bin concentration is equal to the arithmetic mean of all sample concentrations.
For systems with plants operating only part of the year that monitor fewer than 12 months per year under subparagraph (2)(e) of this rule, the bin concentration is equal to the highest arithmetic mean of all sample concentrations during any year of Cryptosporidium monitoring.
If the monthly Cryptosporidium sampling frequency varies, systems must first calculate a monthly average for each month of monitoring. Systems must then use these monthly average concentrations, rather than individual sample concentrations, in the applicable calculation for bin classification in parts 1. through 4. of this subparagraph.

(c) Filtered systems must determine their initial bin classification from the following table and using the Cryptosporidium bin concentration calculated under subparagraphs (a) and (b) of this paragraph:

BIN CLASSIFICATION TABLE FOR FILTERED SYSTEMS

For systems that are: With a Cryptosporidium bin concentration of The bin classification is required to monitor for Cryptosporidium under paragraph (2) of this rule.

Cryptosporidium <0.075 oocysts/L Bin 1 0.075 oocysts/L <1.0 oocysts/L Bin 2 1.0 oocysts/L <3.0 oocysts/L Bin 3 Greater than or equal to 3.0 oocysts/L Bin 4 serving fewer than 10,000 people and NOT required to monitor for Cryptosporidium under part (2)(a)4. of this rule.

NA Bin 1 Based on calculations in subparagraph (a) or (d) of this paragraph, as applicable.

(d) Following completion of the second round of source water monitoring required under subparagraph (2)(b) of this rule, filtered systems must recalculate their Cryptosporidium bin concentration using the Cryptosporidium results reported under subparagraph (2)(b) of this rule and following the procedures in parts (b)1. through 4. of this paragraph. Systems must then redetermine their bin classification using this bin concentration and the table in subparagraph (c) of this paragraph.

(e) 1. Filtered systems must report their initial bin classification under subparagraph (c) of this paragraph to the Department for approval no later than 6 months after the system is required to complete initial source water monitoring based on the schedule in subparagraph (2)(c) of this rule.

Systems must report their bin classification under subparagraph (d) of this paragraph to the Department for approval no later than 6 months after the system is required to complete the second round of source water monitoring based on the schedule in subparagraph (2)(c) of this rule.
The bin classification report to the Department must include a summary of source water monitoring data and the calculation procedure used to determine bin classification.

(f) Failure to comply with the conditions of subparagraph (e) of this paragraph is a violation of the treatment technique requirement.

(12) Filtered system additional Cryptosporidium treatment requirements.

(a) Filtered systems must provide the level of additional treatment for Cryptosporidium specified in this paragraph based on their bin classification as determined under paragraph (11) of this rule and according to the schedule in paragraph (14) of this rule.

And the system uses the following filtration treatment in full compliance with Rule 0400-45-01-.31 (as applicable), then the additional Cryptosporidium treatment requirements are . . .

If the system bin classification is Conventional filtration treatment (including softening)

Direct filtration Slow sand or diatomaceous earth filtration Alternative filtration technologies Bin 1 No additional treatment No additional treatment No additional treatment No additional treatment.

Bin 2 1-log treatment 1.5-log treatment 1-log treatment ( )

Bin 3 2-log treatment 2.5-log treatment 2-log treatment ( )

Bin 4 2.5-log treatment 3-log treatment 2.5-log treatment ( )

As determined by the Department such that the total Cryptosporidium removal and inactivation is at least 4.0log.

As determined by the Department such that the total Cryptosporidium removal and inactivation is at least 5.0log.

As determined by the Department such that the total Cryptosporidium removal and inactivation is at least 5.5log.

(b) 1. Filtered systems must use one or more of the treatment and management options listed in paragraph (16) of this rule, termed the microbial toolbox, to comply with the additional Cryptosporidium treatment required in subparagraph (a) of this paragraph.

Systems classified in Bin 3 and Bin 4 must achieve at least 1-log of the additional Cryptosporidium treatment required under subparagraph (a) of this paragraph using either one or a combination of the following: bag filters, bank filtration, cartridge filters, chlorine dioxide, membranes, ozone, or UV, as described in paragraphs (17) through (21) of this rule.

(c) Failure by a system in any month to achieve treatment credit by meeting criteria in paragraphs (17) through (21) of this rule for microbial toolbox options that is at least equal to the level of treatment required in subparagraph (a) of this paragraph is a violation of the treatment technique requirement.

(d) If the Department determines during a sanitary survey or an equivalent source water assessment that after a system completed the monitoring conducted under subparagraph (2)(a) or (b) of this rule, significant changes occurred in the system’s watershed that could lead to increased contamination of the source water by Cryptosporidium, the system must take actions specified by the Department to address the contamination. These actions may include additional source water monitoring and/or implementing microbial toolbox options listed in paragraph (16) of this rule.

(13) Unfiltered system Cryptosporidium treatment requirements.

(a) Determination of mean Cryptosporidium level.

Following completion of the initial source water monitoring required under subparagraph (2)(a) of this rule, unfiltered systems must calculate the arithmetic mean of all Cryptosporidium sample concentrations reported under subparagraph (2)(a) of this rule. Systems must report this value to the Department for approval no later than 6 months after the month the system is required to complete initial source water monitoring based on the schedule in subparagraph (2)(c) of this rule.
Following completion of the second round of source water monitoring required under subparagraph (2)(b) of this rule, unfiltered systems must calculate the arithmetic mean of all Cryptosporidium sample concentrations reported under subparagraph (2)(b) of this rule. Systems must report this value to the Department for approval no later than 6 months after the month the system is required to complete the second round of source water monitoring based on the schedule in subparagraph (2)(c) of this rule.
If the monthly Cryptosporidium sampling frequency varies, systems must first calculate a monthly average for each month of monitoring. Systems must then use these monthly average concentrations, rather than individual sample concentrations, in the calculation of the mean Cryptosporidium level in part 1. or 2. of this subparagraph.
The report to the Department of the mean Cryptosporidium levels calculated under parts 1. and 2. of this subparagraph must include a summary of the source water monitoring data used for the calculation.
Failure to comply with the conditions of this subparagraph is a violation of the treatment technique requirement.

(b) Cryptosporidium inactivation requirements. Unfiltered systems must provide the level of inactivation for Cryptosporidium specified in this paragraph, based on their mean Cryptosporidium levels as determined under subparagraph (a) of this paragraph and according to the schedule in paragraph (14) of this rule.

Unfiltered systems with a mean Cryptosporidium level of 0.01 oocysts/L or less must provide at least 2-log Cryptosporidium inactivation.
Unfiltered systems with a mean Cryptosporidium level of greater than 0.01 oocysts/L must provide at least 3-log Cryptosporidium inactivation.

(c) Inactivation treatment technology requirements. Unfiltered systems must use chlorine dioxide, ozone, or UV as described in paragraph (21) of this rule to meet the Cryptosporidium inactivation requirements of this paragraph.

Systems that use chlorine dioxide or ozone and fail to achieve the Cryptosporidium inactivation required in subparagraph (b) of this paragraph on more than one day in the calendar month are in violation of the treatment technique requirement.
Systems that use UV light and fail to achieve the Cryptosporidium inactivation required in subparagraph (b) of this paragraph by meeting the criteria in subpart (21)(d)3.(ii) of this rule are in violation of the treatment technique requirement.

(d) Use of two disinfectants. Unfiltered systems must meet the combined Cryptosporidium inactivation requirements of this paragraph and Giardia lamblia and virus inactivation requirements of Rule 0400-45-01-.31 using a minimum of two disinfectants, and each of two disinfectants must separately achieve the total inactivation required for either Cryptosporidium, Giardia lamblia, or viruses.

(14) Schedule for compliance with Cryptosporidium treatment requirements.

(a) Following initial bin classification under subparagraph (11)(c) of this rule, filtered systems must provide the level of treatment for Cryptosporidium required under paragraph (12) of this rule according to the schedule in subparagraph (c) of this paragraph.

(b) Following initial determination of the mean Cryptosporidium level under part (13)(a)1 of this rule, unfiltered systems must provide the level of treatment for Cryptosporidium required under paragraph (13) of this rule according to the schedule in subparagraph (c) of this paragraph.

CRYPTOSPORIDIUM TREATMENT COMPLIANCE DATES TABLE

Must comply with Systems that serve Cryptosporidium treatment requirements no later than a (1) At least 100,000 (i) April 1, 2012 (2) From 50,000 to 99,999 people (i) October 1, 2012 (3) From 10,000 to 49,999 people (i) October 1, 2013 (4) Fewer than 10,000 people (i) October 1, 2014 a The Department may allow up to an additional two years for complying with the treatment requirement for systems making capital improvements.

(d) If the bin classification for a filtered system changes following the second round of source water monitoring, as determined under subparagraph (11)(d) of this rule, the system must provide the level of treatment for Cryptosporidium required under paragraph (12) of this rule on a schedule the Department approves.

(e) If the mean Cryptosporidium level for an unfiltered system changes following the second round of monitoring, as determined under part (13)(a)2. of this rule, and if the system must provide a different level of Cryptosporidium treatment under paragraph (13) of this rule due to this change, the system must meet this treatment requirement on a schedule the Department approves.

(15) Requirements for uncovered finished water storage facilities.

(a) Systems using uncovered finished water storage facilities must comply with the conditions of this paragraph.

(b) Systems must notify the Department of the use of each uncovered finished water storage facility no later than April 1, 2008.

(c) Systems must meet the conditions of part 1. or 2. of this subparagraph for each uncovered finished water storage facility or be in compliance with a Departmentapproved schedule to meet these conditions no later than April 1, 2009.

Systems must cover any uncovered finished water storage facility.
Systems must treat the discharge from the uncovered finished water storage facility to the distribution system to achieve inactivation and/or removal of at least 4-log virus, 3-log Giardia lamblia, and 2-log Cryptosporidium using a protocol approved by the Department.

(d) Failure to comply with the requirements of this paragraph is a violation of the treatment technique requirement.

(16) Microbial toolbox options for meeting Cryptosporidium treatment requirements.

(a) 1. Systems receive the treatment credits listed in the table in subparagraph (b) of this paragraph by meeting the conditions for microbial toolbox options described in paragraphs (17) through (21) of this rule. Systems apply these treatment credits to meet the treatment requirements in paragraph (12) or (13) of this rule, as applicable.

Unfiltered systems are eligible for treatment credits for the microbial toolbox options described in paragraph (21) of this rule only.

(b) The following table summarizes options in the microbial toolbox:

MICROBIAL TOOLBOX SUMMARY TABLE: OPTIONS, TREATMENT CREDITS AND CRITERIA

Toolbox Option Cryptosporidium treatment credit with design and implementation criteria Source Protection and Management Toolbox Options (1) Watershed control program. 0.5-log credit for Department-approved program comprising required elements, annual program status report to Department, and regular watershed survey. Unfiltered systems are not eligible for credit. Specific criteria are in subparagraph (17)(a) of this rule.

(2) Alternative source/intake management No prescribed credit. Systems may conduct simultaneous monitoring for treatment bin classification at alternative intake locations or under alternative intake management strategies. Specific criteria are in subparagraph (17)(b) of this rule.

Pre Filtration Toolbox Options (3) Presedimentation basin with coagulation. 0.5-log credit during any month that presedimentation basins achieve a monthly mean reduction of 0.5-log or greater in turbidity or alternative Department-approved performance criteria. To be eligible, basins must be operated continuously with coagulant addition a nd all plant flow must pass through basins. Specific criteria are in subparagraph (18)(a) of this rule.

(4) Two-stage lime softening 0.5-log credit for two-stage softening where chemical addition and hardness precipitation occur in both stages. All plant flow must pass through both stages. Single-stage softening is credited as equivalent to conventional treatment. Specific criteria are in subparagraph (18)(b) of this rule.

(5) Bank filtration 0.5-log credit for 25-foot setback; 1.0-log credit for 50-foot setback; aquifer must be unconsolidated sand containing at least 10 percent fines; average turbidity in wells must be less than 1 NTU. Systems using wells followed by filtration when conducting source water monitoring must sample the well to determine bin classification and are not eligible for additional credit. Specific criteria are in subparagraph (18)(c) of this rule.

Treatment Performance Toolbox Options (6) Combined filter performance 0.5-log credit for combined filter effluent turbidity less than or equal to 0.15 NTU in at least 95 percent of measurements each month. Specific criteria are in subparagraph (19)(a) of this rule.

(7) Individual filter performance 0.5-log credit (in addition to 0.5-log combined filter performance credit) if individual filter effluent turbidity is less than or equal to 0.15 NTU in at least 95 percent of samples each month in each filter and is never greater than 0.3 NTU in two consecutive measurements in any filter.

Specific criteria are in subparagraph (19)(b) of this rule.

(8) Demonstration of performance Credit awarded to unit process or treatment train based on a demonstration to the Department with a Department- approved protocol. Specific criteria are in subparagraph (19)(c) of this rule.

Additional Filtration Toolbox Options (9) Bag or cartridge filters (individual filters)

Up to 2-log credit based on the removal efficiency demonstrated during challenge testing with a 1.0-log factor of safety. Specific criteria are in subparagraph (20)(a) of this rule.

(10) Bag or cartridge filters (in series) Up to 2.5-log credit based on the removal efficiency demonstrated during challenge testing with a 0.5-log factor of safety. Specific criteria are in subparagraph (20)(a) of this rule.

(11) Membrane filtration Log credit equivalent to removal efficiency demonstrated in challenge test for device if supported by direct integrity testing. Specific criteria are in subparagraph (20)(b) of this rule.

(12) Second stage filtration 0.5-log credit for second separate granular media filtration stage if treatment train includes coagulation prior to first filter. Specific criteria are in subparagraph (20)(c) of this rule.

(13) Slow sand filters 2.5-log credit as a secondary filtration step; 3.0-log credit as a primary filtration process. No prior chlorination for either option. Specific criteria are in subparagraph (20)(d) of this rule.

Inactivation Toolbox Options (14) Chlorine dioxide Log credit based on measured CT in relation to CT table. Specific criteria in subparagraph (21)(b) of this rule.

(15) Ozone Log credit based on measured CT in relation to CT table. Specific criteria in subparagraph (21)(b) of this rule.

(16) UV Log credit based on validated UV dose relation to UV dose table; reactor validation testing required to establish UV dose and associated operating conditions. Specific criteria in subparagraph (21)(d) of this

rule.

(17) Source toolbox components.

(a) Watershed control program. Systems receive 0.5-log Cryptosporidium treatment credit for implementing a watershed control program that meets the requirements of this paragraph.

Systems that intend to apply for the watershed control program credit must notify the Department of this intent no later than two years prior to the treatment compliance date applicable to the system in paragraph (14) of this rule.
Systems must submit to the Department a proposed watershed control plan no later than one year before the applicable treatment compliance date in paragraph (14) of this rule. The Department must approve the watershed control plan for the system to receive watershed control program treatment credit. The watershed control plan must include the elements in subparts (i) through (iv) of this part.

(i) Identification of an ‘‘area of influence’’ outside of which the likelihood of Cryptosporidium or fecal contamination affecting the treatment plant intake is not significant. This is the area to be evaluated in future watershed surveys under subpart 5.(ii) of this subparagraph.

(ii) Identification of both potential and actual sources of Cryptosporidium contamination and an assessment of the relative impact of these sources on the system’s source water quality.

(iii) An analysis of the effectiveness and feasibility of control measures that could reduce Cryptosporidium loading from sources of contamination to the system’s source water.

(iv) A statement of goals and specific actions the system will undertake to reduce source water Cryptosporidium levels. The plan must explain how the actions are expected to contribute to specific goals, identify watershed partners and their roles, identify resource requirements and commitments, and include a schedule for plan implementation with deadlines for completing specific actions identified in the plan.

Systems with existing watershed control programs (i.e., programs in place on January 5, 2006) are eligible to seek this credit. Their watershed control plans must meet the criteria in part 2. of this subparagraph and must specify ongoing and future actions that will reduce source water Cryptosporidium levels.
If the Department does not respond to a system regarding approval of a watershed control plan submitted under this subparagraph and the system meets the other requirements of this subparagraph, the watershed control program will be considered approved and 0.5 log Cryptosporidium treatment credit will be awarded unless and until the Department subsequently withdraws such approval.
Systems must complete the actions in subparts (i) through (iii) of this subparagraph to maintain the 0.5-log credit.

(i) Submit an annual watershed control program status report to the Department. The annual watershed control program status report must describe the system’s implementation of the approved plan and assess the adequacy of the plan to meet its goals. It must explain how the system is addressing any shortcomings in plan implementation, including those previously identified by the Department or as the result of the watershed survey conducted under subpart (ii) of this part. It must also describe any significant changes that have occurred in the watershed since the last watershed sanitary survey. If a system determines during implementation that making a significant change to its approved watershed control program is necessary, the system must notify the Department prior to making any such changes. If any change is likely to reduce the level of source water protection, the system must also list in its notification the actions the system will take to mitigate this effect.

(ii) Undergo a watershed sanitary survey every three years for community water systems and every five years for noncommunity water systems and submit the survey report to the Department. The survey must be conducted according to Department guidelines and by persons the Department approves.

(I) The watershed sanitary survey must meet the following criteria: encompass the region identified in the Department-approved watershed control plan as the area of influence; assess the implementation of actions to reduce source water Cryptosporidium levels; and identify any significant new sources of Cryptosporidium.

(II) If the Department determines that significant changes may have occurred in the watershed since the previous watershed sanitary survey, systems must undergo another watershed sanitary survey by a date the Department requires, which may be earlier than the regular date in subpart (ii) of this part.

(iii) The system must make the watershed control plan, annual status reports, and watershed sanitary survey reports available to the public upon request.

These documents must be in a plain language style and include criteria by which to evaluate the success of the program in achieving plan goals. The Department may approve systems to withhold from the public portions of the annual status report, watershed control plan, and watershed sanitary survey based on water supply security considerations.

If the Department determines that a system is not carrying out the approved watershed control plan, the Department may withdraw the watershed control program treatment credit.

(b) Alternative source.

A system may conduct source water monitoring that reflects a different intake location (either in the same source or for an alternate source) or a different procedure for the timing or level of withdrawal from the source (alternative source monitoring). If the Department approves, a system may determine its bin classification under paragraph (11) of this rule based on the alternative source monitoring results.
If systems conduct alternative source monitoring under part 1. of this subparagraph, systems must also monitor their current plant intake concurrently as described in paragraph (2) of this rule.
Alternative source monitoring under part 1. of this subparagraph must meet the requirements for source monitoring to determine bin classification, as described in paragraphs (2) through (7) of this rule. Systems must report the alternative source monitoring results to the Department, along with supporting information documenting the operating conditions under which the samples were collected.
If a system determines its bin classification under paragraph (11) of this rule using alternative source monitoring results that reflect a different intake location or a different procedure for managing the timing or level of withdrawal from the source, the system must relocate the intake or permanently adopt the withdrawal procedure, as applicable, no later than the applicable treatment compliance date in paragraph (14) of this rule.

(18) Pre-filtration treatment toolbox components.

(a) Presedimentation. Systems receive 0.5-log Cryptosporidium treatment credit for a presedimentation basin during any month the process meets the criteria in this paragraph.

The presedimentation basin must be in continuous operation and must treat the entire plant flow taken from a surface water or GWUDI source.
The system must continuously add a coagulant to the presedimentation basin.
The presedimentation basin must achieve the performance criteria in subpart (i) or (ii) of this subparagraph:

(i) Demonstrates at least 0.5-log mean reduction of influent turbidity. This reduction must be determined using daily turbidity measurements in the presedimentation process influent and effluent and must be calculated as follows: log (monthly mean of daily influent turbidity) minus log (monthly mean of daily effluent turbidity).

(ii) Complies with Department-approved performance criteria that demonstrate at least 0.5-log mean removal of micron-sized particulate material through the presedimentation process.

(b) Two-stage lime softening. Systems receive an additional 0.5-log Cryptosporidium treatment credit for a two-stage lime softening plant if chemical addition and hardness precipitation occur in two separate and sequential softening stages prior to filtration.

Both softening stages must treat the entire plant flow taken from a surface water or GWUDI source.

(c) Bank filtration. Systems receive Cryptosporidium treatment credit for bank filtration that serves as pretreatment to a filtration plant by meeting the criteria in this subparagraph.

Systems using bank filtration when they begin source water monitoring under subparagraph (2)(a) of this rule must collect samples as described in subparagraph (4)(d) of this rule and are not eligible for this credit.

Wells with a ground water flow path of at least 25 feet receive 0.5-log treatment credit; wells with a ground water flow path of at least 50 feet receive 1.0-log treatment credit. The ground water flow path must be determined as specified in

part 4 of this subparagraph.

Only wells in granular aquifers are eligible for treatment credit. Granular aquifers are those comprised of sand, clay, silt, rock fragments, pebbles or larger particles, and minor cement. A system must characterize the aquifer at the well site to determine aquifer properties. Systems must extract a core from the aquifer and demonstrate that in at least 90 percent of the core length, grains less than 1.0 mm in diameter constitute at least 10 percent of the core material.
Only horizontal and vertical wells are eligible for treatment credit.
For vertical wells, the ground water flow path is the measured distance from the edge of the surface water body under high flow conditions (determined by the 100 year floodplain elevation boundary or by the floodway, as defined in Federal Emergency Management Agency flood hazard maps) to the well screen. For horizontal wells, the ground water flow path is the measured distance from the bed of the river under normal flow conditions to the closest horizontal well lateral screen.
Systems must monitor each wellhead for turbidity at least once every four hours while the bank filtration process is in operation. If monthly average turbidity levels, based on daily maximum values in the well, exceed 1 NTU, the system must report this result to the Department and conduct an assessment within 30 days to determine the cause of the high turbidity levels in the well. If the Department determines that microbial removal has been compromised, the Department may revoke treatment credit until the system implements corrective actions approved by the Department to remediate the problem.
Springs and infiltration galleries are not eligible for treatment credit under this subparagraph, but are eligible for credit under subparagraph (19)(c) of this rule.
Bank filtration demonstration of performance. The Department may approve Cryptosporidium treatment credit for bank filtration based on a demonstration of performance study that meets the criteria in this subparagraph. This treatment credit may be greater than 1.0-log and may be awarded to bank filtration that does not meet the criteria in parts 1. through 5. of this subparagraph.

(i) The study must follow a Department-approved protocol and must involve the collection of data on the removal of Cryptosporidium or a surrogate for Cryptosporidium and related hydrogeologic and water quality parameters during the full range of operating conditions.

(ii) The study must include sampling both from the production well(s) and from monitoring wells that are screened and located along the shortest flow path between the surface water source and the production well(s).

(19) Treatment performance toolbox components.

(a) Combined filter performance. Systems using conventional filtration treatment or direct filtration treatment receive an additional 0.5-log Cryptosporidium treatment credit during any month the system meets the criteria in this paragraph. Combined filter effluent (CFE) turbidity must be less than or equal to 0.15 NTU in at least 95 percent of the measurements. Turbidity must be measured as described in Rule 0400-45-01-.31.

(b) Individual filter performance. Systems using conventional filtration treatment or direct filtration treatment receive 0.5-log Cryptosporidium treatment credit, which can be in addition to the 0.5-log credit under subparagraph (a) of this paragraph, during any month the system meets the criteria in this subparagraph. Compliance with these criteria must be based on individual filter turbidity monitoring as described in Rule

Tenn. Comp. R. & Regs. 0400-45-01-.41 REVISED TOTAL COLIFORM RULE

(1) General requirements.

(a) The requirements of this rule constitute both maximum contaminant level and treatment technique requirements as national primary drinking water regulations.

(b) The provisions of this rule apply to all public water systems.

(c) Systems must comply with the provisions of this rule beginning April 1, 2016, unless otherwise specified in this rule.

(d) Failure to comply with the applicable requirements of paragraphs (1) through (11) of this rule, including requirements established by the Department pursuant to these provisions, is a violation of the national primary drinking water regulations under this

rule.

(2) Analytical methods and laboratory certification.

(a) Analytical methodology.

The standard sample volume required for analysis, regardless of analytical method used, is 100 ml.
Systems need only determine the presence or absence of total coliforms and E. coli; a determination of density is not required.
The time from sample collection to initiation of test medium incubation may not exceed 30 hours. Systems are encouraged but not required to hold samples below 10 deg. C during transit.
If water having residual chlorine (measured as free, combined, or total chlorine) is to be analyzed, sufficient sodium thiosulfate (Na2S2O3) must be added to the sample bottle before sterilization to neutralize any residual chlorine in the water sample. Dechlorination procedures are addressed in Section 9060A.2 of Standard Methods for the Examination of Water and Wastewater (20th and 21st editions).
Systems must conduct total coliform and E. coli analyses in accordance with one of the analytical methods in the following table or one of the alternative methods listed in Rule 0400-45-01-.14(10)(a)4.

Organism Methodology category Method Citation Total Coliforms Lactose Fermentation Methods Standard Total Coliform Fermentation Technique Standard Methods 9221 B.1, B.2 (20 th ed.; 21 st ed.) 2 3 Standard Methods Online 9221 B.1, B.2- 2 3 Presence-Absence (P- A) Coliform Test Standard Methods 9221 D.1, D.2 (20 th ed.; 21 st ed.) 2 7 Standard Methods Online 9221 D.1, D.2- 2 7 Membrane Filtration Methods Standard Total Coliform Membrane Filter Procedure Standard Methods 9222 B, C (20 th ed.; st ed.) 2 4 Standard Methods Online 9222 B-97 2 4 , 9222 C-97 2 4 Membrane Filtration using MI medium. m-ColiBlue24® Test Chromocult® 2 4 EPA Method 1604 Enzyme Substrate Methods Colilert® Standard Methods 9223 B (20 th ed.; 21 st ed.) 2 5 Standard Methods Online 9223 B-97 2 5 Colisure® Standard Methods 9223 B (20 th ed.; 21 st ed.) 2 5 6 Standard Methods Online 9223 B-97 2 5 6 E*Colite® Test Readycult® Test Modified Colitag® Test Escherichia coli.

Escherichia coli Procedure (following Lactose Fermentation Methods).

EC-MUG medium Standard Methods 9221 F.1 (20 th ed.; st ed.)

Escherichia coli Partition Method EC broth with MUG (EC-MUG)

Standard Methods 9222 G.1c(2) (20 th ed.; 21 st ed.) 2 8 NA-MUG medium Standard Methods 9222 G.1c(1) (20 th ed.; 21 st ed.)

Membrane Filtration Methods Membrane Filtration using MI medium m-ColiBlue24® Test Chromocult® 2 4 EPA Method 1604 Enzyme Substrate Methods Colilert® Standard Methods 9223 B (20 th ed.; 21 st ed.) 2 5 Standard Methods Online 9223 B-97 2 5 6 Colisure® Standard Methods 9223 B (20th ed.; 21st ed.) 2 5 6 Standard Methods Online 9223 B-97 2 5 6 E*Colite® Test Readycult® Test Modified Colitag® Test The procedures must be done in accordance with the documents listed in footnote 2 below, incorporation by reference.

For Standard Methods, either editions, 20th (1998) or 21st (2005), may be used. For the Standard Methods Online, the year in which each method was approved by the Standard Methods Committee is designated by the last two digits following the hyphen in the method number. The methods listed are the only online versions that may be used. For vendor methods, the date of the method listed in footnote 2 is the date/version of the approved method. The methods listed are the only versions that may be used for compliance with this rule. Laboratories should be careful to use only the approved versions of the methods, as product package inserts may not be the same as the approved versions of the methods.

Incorporation by reference:

(i)

American Public Health Association, 800 I Street, NW., Washington, DC 20001.

(I) ‘‘Standard Methods for the Examination of Water and Wastewater,’’20th edition (1998);

Standard Methods 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group,’’ B.1, B.2, ‘‘Standard Total Coliform Fermentation Technique.’’ II.

Standard Methods 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group,’’ D.1, D.2, ‘‘Presence-Absence (P–A) Coliform Test.’’ III.

Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ B, ‘‘Standard Total Coliform Membrane Filter Procedure.’’ IV.

Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ C, ‘‘Delayed-Incubation Total Coliform Procedure.’’ V.

Standard Methods 9223, ‘‘Enzyme Substrate Coliform Test,’’ B, ‘‘Enzyme Substrate Test,’’ Colilert® and Colisure®.

VI.

Standard Methods 9221, ‘‘Multiple Tube Fermentation Technique for Members of the Coliform Group,’’ F.1, ‘‘Escherichia coli Procedure: EC–MUG medium.’’ VII.

Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ G.1.c(2), ‘‘Escherichia coli Partition Method: EC broth with MUG (EC-MUG).’’ VIII.

Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ G.1.c(1), ‘‘Escherichia coli Partition Method: NA–MUG medium.’’ (II) ‘‘Standard Methods for the Examination of Water and Wastewater,’’ 21st edition (2005);

Standard Methods 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group,’’ B.1, B.2, ‘‘Standard Total Coliform Fermentation Technique.’’ II.

Standard Methods 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group,’’ D.1, D.2, ‘‘Presence-Absence (P–A) Coliform Test.’’ III.

Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ B, ‘‘Standard Total Coliform Membrane Filter Procedure.’’ IV.

Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ C, ‘‘Delayed-Incubation Total Coliform Procedure.’’ V.

Standard Methods 9223, ‘‘Enzyme Substrate Coliform Test,’’ B, ‘‘Enzyme Substrate Test,’’ Colilert® and Colisure®.

VI.

Standard Methods 9221, ‘‘Multiple Tube Fermentation Technique for Members of the Coliform Group,’’ F.1, ‘‘Escherichia coli Procedure: EC–MUG medium.’’ VII.

Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ G.1.c(2), ‘‘Escherichia coli Partition Method: EC broth with MUG (EC–MUG).’’ VIII.

Standard Methods 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group,’’ G.1.c(1), ‘‘Escherichia coli Partition Method: NA–MUG medium.’’ (III) ‘‘Standard Methods Online’’ available at http://www.standardmethods.org:

Standard Methods Online 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group’’ (1999), B.1, B.2–99, ‘‘Standard Total Coliform Fermentation Technique.’’ II.

Standard Methods Online 9221, ‘‘Multiple-Tube Fermentation Technique for Members of the Coliform Group’’ (1999), D.1, D.2–99, ‘‘Presence-Absence (P–A) Coliform Test.’’ III.

Standard Methods Online 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group’’ (1997), B–97, ‘‘Standard Total Coliform Membrane Filter Procedure.’’ IV.

Standard Methods Online 9222, ‘‘Membrane Filter Technique for Members of the Coliform Group’’ (1997), C–97, ‘‘Delayed-Incubation Total Coliform Procedure.’’ V.

Standard Methods Online 9223, ‘‘Enzyme Substrate Coliform Test’’ (1997), B–97, ‘‘Enzyme Substrate Test’’, Colilert® and Colisure®.

(ii)

Charm Sciences, Inc., 659 Andover Street, Lawrence, MA 01843–1032, telephone 1–800–343–2170;

(I)

EColite®—‘‘Charm EColite TM Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Drinking Water,’’ January 9, 1998.

(iii)

CPI International, Inc., 5580 Skylane Blvd., Santa Rosa, CA, 95403, telephone 1–800–878–7654;

(I) modified Colitag®, ATP D05– 0035—‘‘Modified Colitag TM Test Method for the Simultaneous Detection of E. coli and other Total Coliforms in Water,’’ August 28, 2009.

(iv)

EMD Millipore (a division of Merck KGaA, Darmstadt Germany), 290 Concord Road, Billerica, MA 01821, telephone 1–800–645–5476;

(I)

Chromocult—‘‘Chromocult® Coliform Agar Presence/Absence Membrane Filter Test Method for Detection and Identification of Coliform Bacteria and Escherichia coli for Finished Waters,’’ November 2000,Version 1.0.

(II)

Readycult®—‘‘Readycult® Coliforms 100 Presence/Absence Test for Detection and Identification of Coliform Bacteria and Escherichia coli in Finished Waters,’’ January 2007, Version 1.1.

(v)

EPA’s Water Resource Center (MC–4100T), 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone 1–202–566–1729;

(I)

EPA Method 1604, EPA 821–R–02–024—‘‘EPA Method 1604: Total Coliforms and Escherichia coli in Water by Membrane Filtration Using a Simultaneous Detection Technique (MI Medium),’’ September 2002, http:// www.epa.gov/nerlcwww/1604sp02.pdf.

(vi)

Hach Company, P.O. Box 389, Loveland, CO 80539, telephone 1–800– 604–3493:

(I) m-ColiBlue24®—‘‘Membrane Filtration Method m-ColiBlue24® Broth,’’ Revision 2, August 17, 1999.

Lactose broth, as commercially available, may be used in lieu of lauryl tryptose broth, if the system conducts at least 25 parallel tests between lactose broth and lauryl tryptose broth using the water normally tested, and if the findings from this comparison demonstrate that the false-positive rate and false-negative rate for total coliforms, using lactose broth, is less than 10 percent.

All filtration series must begin with membrane filtration equipment that has been sterilized by autoclaving. Exposure of filtration equipment to UV light is not adequate to ensure sterilization. Subsequent to the initial autoclaving, exposure of the filtration equipment to UV light may be used to sanitize the funnels between filtrations within a filtration series.

Alternatively, membrane filtration equipment that is pre-sterilized by the manufacturer (i.e., disposable funnel units) may be used.

Multiple-tube and multi-well enumerative formats for this method are approved for use in presence-absence determination under this rule.

Colisure® results may be read after an incubation time of 24 hours.

A multiple tube enumerative format, as described in Standard Methods for the Examination of Water and Wastewater 9221, is approved for this method for use in presence-absence determination under this regulation.

The following changes must be made to the EC broth with MUG (EC–MUG) formulation: Potassium dihydrogen phosphate, KH PO , must be 1.5g, and 4-methylumbelliferyl-Beta-D-glucuronide must be 0.05 g.

(b) Laboratory certification. Systems must have all compliance samples required under this

rule analyzed by a laboratory certified by the Department to analyze drinking water samples. The laboratory used by the system must be certified for each method (and associated contaminant(s)) used for compliance monitoring analyses under this rule.

(3) General monitoring requirements for all public water systems.

(a) Sample sit ing plans.

Systems must develop a written sample siting plan that identifies sampling sites and a sample collection schedule that are representative of water throughout the distribution system no later than March 31, 2016. These plans are subject to Department review and revision. Systems must collect total coliform samples according to the written sample siting plan. Monitoring required by paragraphs (4) through (8) of this rule may take place at a customer’s premise, dedicated sampling station, or other designated compliance sampling location. Routine and repeat sample sites and any sampling points necessary to meet the requirements of Rule 0400-45-01-.40 must be reflected in the sampling plan.
Systems must collect samples at regular time intervals throughout the month, except that systems that use only ground water and serve 4,900 or fewer people may collect all required samples on a single day if they are taken from different sites.
Systems must take at least the minimum number of required samples even if the system has had an E. coli MCL violation or has exceeded the coliform treatment technique triggers in subparagraph (9)(a) of this rule.
A system may conduct more compliance monitoring than is required by this

subpart to investigate potential problems in the distribution system and use monitoring as a tool to assist in uncovering problems. A system may take more than the minimum number of required routine samples and must include the results in calculating whether the coliform treatment technique trigger in subparts (9)(a)1.(i) and (ii) of this rule has been exceeded only if the samples are taken in accordance with the existing sample siting plan and are representative of water throughout the distribution system.

Systems must identify repeat monitoring locations in the sample siting plan.

Unless the provisions of subpart (i) of this part are met, the system must collect at least one repeat sample from the sampling tap where the original total coliform-positive sample was taken, and at least one repeat sample at a tap within five service connections upstream and at least one repeat sample at a tap within five service connections downstream of the original sampling site. If a total coliform-positive sample is at the end of the distribution system, or one service connection away from the end of the distribution system, the system must still take all required repeat samples. However, the Department may allow an alternative sampling location in lieu of the requirement to collect at least one repeat sample upstream or downstream of the original sampling site. Systems required to conduct triggered source water monitoring under Rule 0400-45-01- .40(3)(a) must take ground water source sample(s) in addition to repeat samples required under this rule.

(i) Systems may propose repeat monitoring locations to the Department that the system believes to be representative of a pathway for contamination of the distribution system. A system may elect to specify either alternative fixed locations or criteria for selecting repeat sampling sites on a situational

basis in a standard operating procedure (SOP) in its sample siting plan.

The system must design its SOP to focus the repeat samples at locations that best verify and determine the extent of potential contamination of the distribution system area based on specific situations. The Department may modify the SOP or require alternative monitoring locations as needed.

(ii) Reserved.

The Department may review, revise, and approve, as appropriate, repeat sampling proposed by systems under subpart 5.(i) of this subparagraph. The system must demonstrate that the sample siting plan remains representative of the water quality in the distribution system. The Department may determine that monitoring at the entry point to the distribution system (especially for undisinfected ground water systems) is effective to differentiate between potential source water and distribution system problems.

(b) Special purpose samples. Special purpose samples, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, must not be used to determine whether the coliform treatment technique trigger has been exceeded. Repeat samples taken pursuant to paragraph (8) of this rule are not considered special purpose samples, and must be used to determine whether the coliform treatment technique trigger has been exceeded.

(c) Invalidation of total coliform samples. A total coliform-positive sample invalidated under this subparagraph does not count toward meeting the minimum monitoring requirements of this rule.

The Department may invalidate a total coliform-positive sample only if the conditions of subpart (i), (ii), or (iii) of this part are met.

(i) The laboratory establishes that improper sample analysis caused the total coliform-positive result.

(ii) The Department, on the basis of the results of repeat samples collected as required under subparagraph (8)(a) of this rule, determines that the total coliform-positive sample resulted from a domestic or other non-distribution system plumbing problem. The Department cannot invalidate a sample on the basis of repeat sample results unless all repeat sample(s) collected at the same tap as the original total coliform-positive sample are also total coliform-positive, and all repeat samples collected at a location other than the original tap are total coliform-negative (e.g., a total coliform-positive sample cannot be invalidated on the basis of repeat samples if all the repeat samples are total coliform-negative, or if the system has only one service connection).

(iii) The Department has substantial grounds to believe that a total coliformpositive result is due to a circumstance or condition that does not reflect water quality in the distribution system. In this case, the system must still collect all repeat samples required under subparagraph (8)(a) of this rule, and use them to determine whether a coliform treatment technique trigger in paragraph (9) of this rule has been exceeded. To invalidate a total coliform-positive sample under this subparagraph, the decision and supporting rationale must be documented in writing, and approved and signed by the supervisor of the Department official who recommended the decision. The Department shall make this document available to EPA and the public. The written documentation must identify the specific cause of the total coliform-positive sample, and what action the system has taken, or will take, to correct this problem. The Department may not invalidate a total coliform-positive sample solely on the grounds that all repeat samples are total coliform-negative.

A laboratory must invalidate a total coliform sample (unless total coliforms are detected) if the sample produces a turbid culture in the absence of gas production using an analytical method where gas formation is examined (e.g., the Multiple-Tube Fermentation Technique), produces a turbid culture in the absence of an acid reaction in the Presence-Absence (P–A) Coliform Test, or exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter (e.g., Membrane Filter Technique). If a laboratory invalidates a sample because of such interference, the system must collect another sample from the same location as the original sample within 24 hours of being notified of the interference problem, and have it analyzed for the presence of total coliforms. The system must continue to re-sample within 24 hours and have the samples analyzed until it obtains a valid result. The Department may waive the 24-hour time limit on a case-by-case basis.

Alternatively, the Department may implement criteria for waiving the 24-hour sampling time limit to use in lieu of case-by-case extensions.

(4) Routine monitoring requirements for non-community water systems serving 1,000 or fewer people using only ground water.

(a) General.

The provisions of this paragraph apply to non-community water systems using only ground water (except ground water under the direct influence of surface water, as defined in Rule 0400-45-01-.04) and serving 1,000 or fewer people.
Following any total coliform-positive sample taken under the provisions of this paragraph, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in paragraph (8) of this rule.
Once all monitoring required by this paragraph and paragraph (8) of this rule has been completed for a calendar month, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) of this rule have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9) of this rule.
For the purpose of determining eligibility for remaining on or qualifying for quarterly monitoring under the provisions of parts (d)4. and (e)2. of this paragraph for transient non-community water systems, the Department may elect to not count monitoring violations under part (10)(c)1. of this rule if the missed sample is collected no later than the end of the monitoring period following the monitoring period in which the sample was missed. The system must collect the make-up sample in a different week than the routine sample for that monitoring period and should collect the sample as soon as possible during the monitoring period. This authority does not affect the provisions of parts (10)(c)1. and (11)(a)4. of this rule.

(b) Monitoring frequency for total coliforms. Systems must monitor each calendar quarter that the system provides water to the public, except for seasonal systems or as provided under subparagraphs (c) through (e) and (g) of this paragraph. Seasonal systems must meet the monitoring requirements of subparagraph (f) of this paragraph.

Systems, including seasonal systems, must continue to monitor according to the total coliform monitoring schedules under Rule 0400-45-01-.07 that were in effect on March 31, 2016, unless any of the conditions for increased monitoring in subparagraph (d) of this paragraph are triggered on or after April 1, 2016, or unless otherwise directed by the Department.
Beginning April 1, 2016, the Department must perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule. After the Department has performed the special monitoring evaluation during each sanitary survey, the Department may modify the system’s monitoring schedule, as necessary, or it may allow the system to stay on its existing monitoring schedule, consistent with the provisions of this paragraph. For seasonal systems on quarterly monitoring, this evaluation must include review of the approved sample siting plan, which must designate the time period(s) for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). The seasonal system must collect compliance samples during these time periods.

(d) Increased Monitoring Requirements for systems on quarterly monitoring. A system on quarterly monitoring that experiences any of the events identified in parts 1. through 4. of this subparagraph must begin monthly monitoring the month following the event. The system must continue monthly monitoring until the requirements in subparagraph (e) of this paragraph for quarterly monitoring are met. A system on monthly monitoring for reasons other than those identified in parts 1. through 4. of this subparagraph is not considered to be on increased monitoring for the purposes of subparagraph (e) of this paragraph.

The system triggers a Level 2 assessment or two Level 1 assessments under the provisions of paragraph (9) of this rule in a rolling 12-month period.
The system has an E. coli MCL violation.
The system has a coliform treatment technique violation.
The system has two monitoring violations of this rule, or one monitoring violation of this rule and one Level 1 assessment under the provisions of paragraph (9) of this rule in a rolling 12-month period for a system on quarterly monitoring.

(e) Requirements for returning to quarterly monitoring. The Department may reduce the monitoring frequency for a system on monthly monitoring triggered under subparagraph (d) of this paragraph to quarterly monitoring if the system meets the criteria in parts 1. and 2. of this subparagraph.

Within the last 12 months, the system must have a completed sanitary survey or a site visit by the Department or a voluntary Level 2 assessment by a party approved by the Department, be free of sanitary defects, and have a protected water source; and 2. The system must have a clean compliance history for a minimum of 12 months.

(f) Seasonal systems.

Beginning April 1, 2016, all seasonal systems must demonstrate completion of a Department-approved start-up procedure, which must include a negative total coliform sample result as a part of that procedure prior to serving water to the public.
A seasonal system must monitor every month that it is in operation unless it meets the criteria in subparts (i), (ii), and (iii) of this part to be eligible for monitoring less frequently than monthly beginning April 1, 2016, except as provided under subparagraph (c) of this paragraph.

(i) Seasonal systems monitoring less frequently than monthly must have an approved sample siting plan that designates the time period for monitoring based on site-specific considerations (e.g., during periods of highest demand or highest vulnerability to contamination). Seasonal systems must collect compliance samples during this time period.

(ii) To be eligible for quarterly monitoring, the system must meet the criteria in subparagraph (e) of this paragraph.

(iii) To be eligible for quarterly monitoring and remain on a reduced monitoring schedule, the system must serve 1,000 or less persons per month.

(g) Additional routine monitoring the month following a total coliform-positive sample.

Systems collecting samples on a quarterly frequency must conduct additional routine monitoring the month following one or more total coliform-positive samples (with or without a Level 1 treatment technique trigger). Systems must collect at least three routine samples during the next month. Systems may either collect samples at regular time intervals throughout the month or may collect all required routine samples on a single day if samples are taken from different sites. Systems must use the results of additional routine samples in coliform treatment technique trigger calculations under subparagraph (9)(a) of this rule.

(5) Routine monitoring requirements for community water systems serving 1,000 or fewer people using only ground water.

(a) General.

The provisions of this paragraph apply to community water systems using only ground water (except ground water under the direct influence of surface water, as defined in Rule 0400-45-01-.04) and serving 1,000 or fewer people.
Following any total coliform-positive sample taken under the provisions of this paragraph, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in paragraph (8) of this rule.
Once all monitoring required by this paragraph and in paragraph (8) of this rule has been completed for a calendar month, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) of this rule have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9) of this rule.

(b) Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is one sample/month, except as provided for under subparagraph (c) of this paragraph.

All systems must continue to monitor according to the total coliform monitoring schedules under Rule 0400-45-01-.07 that were in effect on March 31, 2016, unless otherwise directed by the Department.
Beginning April 1, 2016, the Department must perform a special monitoring evaluation during each sanitary survey to review the status of the system, including the distribution system, to determine whether the system is on an appropriate monitoring schedule and has an appropriate sampling plan.

(6) Routine monitoring requirements for subpart H public water systems serving 1,000 or fewer people.

(a) General.

The provisions of this paragraph apply to subpart H public water systems of this

part serving 1,000 or fewer people.

Following any total coliform-positive sample taken under the provisions of this paragraph, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in paragraph (8) of this rule.
Once all monitoring required by this paragraph and in paragraph (8) of this rule has been completed for a calendar month, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) of this rule have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9) of this rule.
Seasonal systems.

(i) Beginning April 1, 2016, all seasonal systems must demonstrate completion of a Department-approved start-up procedure, which must include a negative total coliform sample result as a part of the procedure prior to serving water to the public.

(ii) Reserved.

(b) Routine monitoring frequency for total coliforms. Subpart H systems of this paragraph (including consecutive systems) must monitor monthly. Systems may not reduce monitoring.

(c) Unfiltered subpart H systems. A subpart H system of this paragraph that does not practice filtration in compliance with Rules 0400-45-01-.08 (Turbidity Sampling and Analytical Requirements), 0400-45-01-.31 (Filtration and Disinfection) and 0400-45-01- .39 (Enhanced Treatment for Cryptosporidium) must collect at least one total coliform sample near the first service connection each day the turbidity level of the source water, measured as specified in Rule 0400-45-01-.08(3)(a), exceeds 1 NTU. When one or more turbidity measurements in any day exceed 1 NTU, the system must collect this coliform sample within 24 hours of the first exceedance, unless the Department determines that the system, for logistical reasons outside the system’s control, cannot have the sample analyzed within 30 hours of collection and identifies an alternative sample collection schedule. Sample results from this coliform monitoring must be included in determining whether the coliform treatment technique trigger in paragraph (9) of this rule has been exceeded.

(7) Routine monitoring requirements for public water systems serving more than 1,000 people.

(a) General.

The provisions of this paragraph apply to public water systems serving more than 1,000 persons.
Following any total coliform-positive sample taken under the provisions of this paragraph, systems must comply with the repeat monitoring requirements and E. coli analytical requirements in paragraph (8) of this rule.
Once all monitoring required by this paragraph and in paragraph (8) of this rule has been completed for a calendar month, systems must determine whether any coliform treatment technique triggers specified in paragraph (9) of this rule have been exceeded. If any trigger has been exceeded, systems must complete assessments as required by paragraph (9) of this rule.
Seasonal systems.

(ii) Reserved.

(b) Monitoring frequency for total coliforms. The monitoring frequency for total coliforms is based on the population served by the system, as follows:

Total Coliform Monitoring Frequency for Public Water Systems Serving More than 1,000 People Population Served Minimum number of samples per month 1,001 to 2,500 2 2,501 to 3,300 3 3,301 to 4,100 4 4,101 to 4,900 5 4,901 to 5,800 6 5,801 to 6,700 7 6,701 to 7,600 8 7,601 to 8,500 9 8,501 to 12,900 10 12,901 to 17,200 15 17,201 to 21,500 20 21,501 to 25,000 25 25,001 to 33,000 30 33,001 to 41,000 40 41,001 to 50,000 50 50,001 to 59,000 60 59,001 to 70,000 70 70,001 to 83,000 80 83,001 to 96,000 90 96,001 to 130,000 100 130,001 to 220,000 120 220,001 to 320,000 150 320,001 to 450,000 180 450,001 to 600,000 210 600,001 to 780,000 240 780,001 to 970,000 270 970,001 to 1,230,000 300 1,230,001 to 1,520,000 330 1,520,001 to 1,850,000 360 1,850,001 to 2,270,000 390 2,270,001 to 3,020,000 420 3,020,001 to 3,960,000 450 3,960,000 or more 480 (c) Unfiltered subpart H systems. A subpart H system of this rule that does not practice filtration in compliance with Rules 0400-45-01-.08 (Turbidity Sampling and Analytical Requirements), 0400-45-01-.31 (Filtration and Disinfection) and 0400-45-01-.39 (Enhanced Treatment for Cryptosporidium) must collect at least one total coliform sample near the first service connection each day the turbidity level of the source water, measured as specified in Rule 0400-45-01-.08(3)(a), exceeds 1 NTU. When one or more turbidity measurements in any day exceed 1 NTU, the system must collect this coliform sample within 24 hours of the first exceedance, unless the Department determines that the system, for logistical reasons outside the system’s control, cannot have the sample analyzed within 30 hours of collection and identifies an alternative sample collection schedule. Sample results from this coliform monitoring must be included in determining whether the coliform treatment technique trigger in paragraph (9) of this rule has been exceeded.

(8) Repeat monitoring and E. coli requirements.

(a) Repeat monitoring.

If a sample taken under paragraphs (4) through (7) of this rule is total coliformpositive, the system must collect a set of repeat samples within 24 hours of being notified of the positive result. The system must collect no fewer than three repeat samples for each total coliform-positive sample found. The Department may extend the 24-hour limit on a case-by-case basis if the system has a logistical problem in collecting the repeat samples within 24 hours that is beyond its control. Alternatively, the Department may implement criteria for the system to use in lieu of case-by-case extensions. In the case of an extension, the Department must specify how much time the system has to collect the repeat samples. The Department cannot waive the requirement for a system to collect repeat samples in parts 1. through 3. of this subparagraph.
The system must collect all repeat samples on the same day, except that the Department may allow a system with a single service connection to collect the required set of repeat samples over a three-day period or to collect a larger volume repeat sample(s) in one or more sample containers of any size, as long as the total volume collected is at least 300 ml.
The system must collect an additional set of repeat samples in the manner specified in parts 1 through 3 of this subparagraph if one or more repeat samples in the current set of repeat samples is total coliform-positive. The system must collect the additional set of repeat samples within 24 hours of being notified of the positive result, unless the Department extends the limit as provided in part 1 of this subparagraph. The system must continue to collect additional sets of repeat samples until either total coliforms are not detected in one complete set of repeat samples or the system determines that a coliform treatment technique trigger specified in subparagraph (9)(a) of this rule has been exceeded as a result of a repeat sample being total coliform-positive and notifies the Department. If a trigger identified in paragraph (9) of this rule is exceeded as a result of a routine sample being total coliform-positive, systems are required to conduct only one round of repeat monitoring for each total coliform-positive routine sample.
After a system collects a routine sample and before it learns the results of the analysis of that sample, if it collects another routine sample(s) from within five adjacent service connections of the initial sample, and the initial sample, after analysis, is found to contain total coliforms, then the system may count the subsequent sample(s) as a repeat sample instead of as a routine sample.
Results of all routine and repeat samples taken under paragraphs (4) through (8) of this rule not invalidated by the Department must be used to determine whether a coliform treatment technique trigger specified in paragraph (9) of this rule has been exceeded.

(b) Escherichia coli (E. coli) testing.

If any routine or repeat sample is total coliform-positive, the system must analyze that total coliform-positive culture medium to determine if E. coli are present. If E. coli are present, the system must notify the State by the end of the day when the system is notified of the test result, unless the system is notified of the result after the Department office is closed and the Department does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Department before the end of the next business day.
The Department has the discretion to allow a system, on a case-by-case basis, to forgo E. coli testing on a total coliform-positive sample if that system assumes that the total coliform-positive sample is E. coli-positive. Accordingly, the system must notify the Department as specified in part 1. of subparagraph (b) of this paragraph and the provisions of Rule 0400-45-01-.06(4)(g) apply.

(9) Coliform treatment technique triggers and assessment requirements for protection against potential fecal contamination.

(a) Treatment technique triggers. Systems must conduct assessments in accordance with subparagraph (b) of this paragraph after exceeding treatment technique triggers in parts 1. and 2. of this subparagraph.

Level 1 treatment technique triggers.

(i) For systems taking 40 or more samples per month, the system exceeds 5.0% total coliform-positive samples for the month.

(ii) For systems taking fewer than 40 samples per month, the system has two or more total coliform-positive samples in the same month.

(iii) The system fails to take every required repeat sample after any single total coliform-positive sample.

Level 2 treatment technique triggers.

(i) An E. coli MCL violation, as specified in subparagraph (10)(a) of this rule.

(ii) A second Level 1 trigger as defined in part 1 of this subparagraph, within a rolling 12-month period, unless the Department has determined a likely reason that the samples that caused the first Level 1 treatment technique trigger were total coliform-positive and has established that the system has corrected the problem.

(b) Requirements for assessments.

Systems must ensure that Level 1 and 2 assessments are conducted in order to identify the possible presence of sanitary defects and defects in distribution system coliform monitoring practices. Level 2 assessments must be conducted by parties approved by the Department.
When conducting assessments, systems must ensure that the assessor evaluates minimum elements that include review and identification of inadequacies in sample sites; sampling protocol; sample processing; atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., small ground water systems); and existing water quality monitoring data. The system must conduct the assessment consistent with any Department directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system.
Level 1 Assessments. A system must conduct a Level 1 assessment consistent with Department requirements if the system exceeds one of the treatment technique triggers in part (a)1. of this paragraph.

(i) The system must complete a Level 1 assessment as soon as practical after any trigger in part (a)1. of this paragraph. In the completed assessment form, the system must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified. The system must submit the completed Level 1 assessment form to the Department within 30 days after the system learns that it has exceeded a trigger.

(ii) If the Department reviews the completed Level 1 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Department must consult with the system. If the Department requires revisions after consultation, the system must submit a revised assessment form to the Department on an agreed-upon schedule not to exceed 30 days from the date of the consultation.

(iii) Upon completion and submission of the assessment form by the system, the Department must determine if the system has identified a likely cause for the Level 1 trigger and, if so, establish that the system has corrected the problem, or has included a schedule acceptable to the Department for correcting the problem.

Level 2 Assessments. A system must ensure that a Level 2 assessment consistent with Department requirements is conducted if the system exceeds one of the treatment technique triggers in part (a)2. of this paragraph. The system must comply with any expedited actions or additional actions required by the Department in the case of an E. coli MCL violation.

(i) The system must ensure that a Level 2 assessment is completed by the Department or by a party approved by the Department as soon as practical after any trigger in part (a)2. of this paragraph. The system must submit a completed Level 2 assessment form to the Department within 30 days after the system learns that it has exceeded a trigger. The assessment form must describe sanitary defects detected, corrective actions completed, and a proposed timetable for any corrective actions not already completed. The assessment form may also note that no sanitary defects were identified.

(ii) The system may conduct Level 2 assessments if the system has staff or management with the certification or qualifications specified by the Department unless otherwise directed by the Department.

(iii) If the Department reviews the completed Level 2 assessment and determines that the assessment is not sufficient (including any proposed timetable for any corrective actions not already completed), the Department must consult with the system. If the Department requires revisions after consultation, the system must submit a revised assessment form to the Department on an agreed-upon schedule not to exceed 30 days.

(iv) Upon completion and submission of the assessment form by the system, the Department must determine if the system has identified a likely cause for the Level 2 trigger and determine whether the system has corrected the problem, or has included a schedule acceptable to the Department for correcting the problem.

(c) Corrective Action. Systems must correct sanitary defects found through either Level 1 or 2 assessments conducted under subparagraph (b) of this paragraph. For corrections not completed by the time of submission of the assessment form, the system must complete the corrective action(s) in compliance with a timetable approved by the Department in consultation with the system. The system must notify the Department when each scheduled corrective action is completed.

(d) Consultation. At any time during the assessment or corrective action phase, either the water system or the Department may request a consultation with the other party to determine the appropriate actions to be taken. The system may consult with the Department on all relevant information that may impact on its ability to comply with a requirement of this rule, including the method of accomplishment, an appropriate timeframe, and other relevant information.

(10) Violations.

(a) E. coli MCL Violation. A system is in violation of the MCL for E. coli when any of the conditions identified in parts 1. through 4. of this subparagraph occur.

The system has an E. coli-positive repeat sample following a total coliformpositive routine sample.
The system has a total coliform-positive repeat sample following an E. colipositive routine sample.
The system fails to take all required repeat samples following an E. coli-positive routine sample.
The system fails to test for E. coli when any repeat sample tests positive for total coliform.

(b) Treatment technique violation.

A treatment technique violation occurs when a system exceeds a treatment technique trigger specified in subparagraph (9)(a) of this rule and then fails to conduct the required assessment or corrective actions within the timeframe specified in subparagraphs (9)(b) and (c) of this rule.
A treatment technique violation occurs when a seasonal system fails to complete a Department-approved start-up procedure prior to serving water to the public.

Failure to take every required routine or additional routine sample in a compliance period is a monitoring violation.
Failure to analyze for E. coli following a total coliform-positive routine sample is a monitoring violation.

(d) Reporting violations.

Failure to submit a monitoring report or completed assessment form after a system properly conducts monitoring or assessment in a timely manner is a reporting violation.
Failure to notify the Department following an E. coli-positive sample as required by part (8)(b)1. of this rule in a timely manner is a reporting violation.
Failure to submit certification of completion of Department-approved start-up procedure by a seasonal system is a reporting violation.

(11) Reporting and recordkeeping.

(a) Reporting.

E. coli.

(i) A system must notify the Department by the end of the day when the system learns of an E. coli MCL violation, unless the system learns of the violation after the Department office is closed and the Department does not have either an after-hours phone line or an alternative notification procedure, in which case the system must notify the Department before the end of the next business day, and notify the public in accordance with Rule

Chapter 0400-45-04 Regulations Governing the "Waterworks Construction Loan Act" (Transferred from 1200-05-04)

Tenn. Comp. R. & Regs. 0400-45-04-.01 PURPOSE

The primary purpose of “The Waterworks Construction Loan Act of 1974” is to provide loans to local units of government to stimulate the construction and improvements of needed water supply systems in order to provide the citizens of Tennessee, as well as visitors to the State, an adequate supply of safe water. In making these loans available, the State is in no way attempting to assume responsibilities of local government units to provide adequate water service to the people. As the funds available are sufficient to meet only a part of the total need, in making loans the State must place great emphasis on:

(1) Providing an adequate and safe supply of water for the area to be served;

(2) The availability of grants and loans from other sources;

(3) The creation of efficient systems of regional water supply; and (4) The willingness and ability of local government units to meet their responsibilities through sound fiscal policies, creative planning, and efficient operation and management.

History

Authority: T.C.A. §§ 68-221-501 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-04.

Tenn. Comp. R. & Regs. 0400-45-04-.02 DEFINITIONS

Pursuant to § 68-221-502 of “The Waterworks Construction Loan Act of 1974” and within the scope of this Act, the following definitions will be used unless the context requires otherwise:

“Act” shall mean “The Waterworks Construction Loan Act of 1974”, same being T.C.A §§ 68- 221-501 et seq.

“Construction” means the erection, building, acquisition, alteration, reconstruction, improvement or extension of waterworks, preliminary planning to determine the economic and engineering feasibility of waterworks, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of waterworks, and the inspection and supervision of the construction of waterworks.

“Construction Cost” shall mean the actual cost of construction of the eligible portions of any project for which a loan is made under the Act, including engineering, legal, fiscal, contingency costs, cost of real property, service connections, meters and meter installations, for water supply systems, or alterations to existing systems. No cost shall be eligible for recurring annual expenditures for administration, repairs, operation and maintenance of any water supply system.

January, 2013 2 “Department” means the Tennessee Department of Environment and Conservation.

“Eligible Project” means a project for the construction of waterworks for which approval is required under T.C.A §§ 68-221-501 et seq., which conforms with the applicable rules and regulations of the department, and which in the judgment of the department is economically feasible.

“Law” includes any act or statute, general, special, or local, and the charter of any incorporated town or city or metropolitan government of this state.

“Municipality” means any county, metropolitan government, incorporated town or city, or special district of this state empowered to provide water services, or any combination of two (2) or more of the foregoing acting jointly, in connection with an eligible project.

“Regional Water Supply System” shall mean a municipality that has the capability to provide water service to an area, either by extension of water service into an area outside its own boundaries or the boundaries of another municipality, or by the acquisition of an existing system, and is permitted, by law, to serve the area; and will make a commitment satisfactory to the Department to extend such services; will minimize the cost of integration with other system(s) where proximity of such system(s) indicate the integration is or may become economically feasible; and the system is administered by a common management.

“Waterworks” shall be constructed to include all or any part of the following: source of supply, pumping facilities, purification works, collection and storage facilities and distribution system for water, together with all necessary parts and appurtenances for proper operation.

History

Authority: T.C.A. §§ 68-221-501 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-04.

Tenn. Comp. R. & Regs. 0400-45-04-.03 GENERAL

Subject to the provisions governing the allocations of funds set forth in the Act, the department will enter into contract with municipalities to make loans for the construction of new or improvement of existing water systems. Applications for the funds will be filed in accordance with Rule 0400-45-04-.05. Pursuant to T.C.A § 68-221-102, the plans and specifications for the work proposed to be constructed shall be approved in writing by the department prior to the initiation of any construction. The facilities shall be operated in accordance with rules and regulations. The staff of the Division of Water Resources will do a detailed review of the economic analysis submitted with the application in order to ascertain the economic feasibility of the proposed project.

History

Authority: T.C.A. §§ 68-221-501 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-04.

Tenn. Comp. R. & Regs. 0400-45-04-.04 ELIGIBLE APPLICANTS

(1) Only municipalities as defined in these rules and regulations and the Act shall be eligible to apply for loans to assist in the financing of the cost of construction of new of the improvement or expansion of existing water supply system projects.

(2) No applicant shall be eligible for the award of a loan unless the applicant demonstrates to the satisfaction of the Division of Water Resources that:

(a) The applicant is a municipality as defined in these rules and regulations and the Act.

January, 2013 3 (b) The applicant has the financial capacity to provide its share of the project costs. To the extent that the costs are to be provided on a pay-as-you-go basis, the full amount indicated from this source shall be represented by cash on hand and/or may be expected to be included in the applicant’s annual budget for the years in which payments under the project contract will be due. To the extent that borrowed funds are anticipated, the applicant shall certify, that the additional debt, together with the applicant’s existing debt, is within the debt limitation provisions of the general laws of the State.

(c) The applicant has substantially complied or will substantially comply with all applicable laws, rules, regulations and ordinances of the State.

(d) The estimated revenues to be derived from the project under the applicant’s proposed schedule of fees and charges will be adequate to provide for proper operation, maintenance, and administration, reasonable expansion of the system and repayment of present and proposed indebtedness, as determined from the detailed engineering report and other available information, and will comply with T.C.A. §§ 68-221-512 and 68-221-513. For this purpose, if the project described in the application is to be an integral part of an existing system, the revenues to be derived from operation of the entire system shall be utilized in determining the adequacy of the applicant’s proposed schedule of fees and charges.

(e) The applicant has attempted, without success to obtain the necessary financial assistance from other State, Federal, or private sources at a lesser cost.

(f) The proposed project will be placed under construction within the fiscal year in which the loan is received. The repayment period may be determined by the applicant, but in no case shall the period exceed thirty (30) years. Also, repayment shall begin no later than one month after completion of the project. Each municipality after entering into a loan agreement shall remit to the Tennessee Local Development Authority such amounts and at such times as shown in the amortization schedule established by the Tennessee Local Development Authority and the Department.

(3) Eligible Project Costs – Eligible project costs shall include the actual cost of construction of facilities, and the cost of equipment and appurtenances, for any project for which a loan is made under the Act, and the actual cost of necessary engineering, legal, and fiscal services related to the project for which a loan is made. Eligible costs also include the cost of purchase of acquisition of real property or interest therein. Costs incurred prior to approval of the application will be eligible with the exception of those costs involved in completing the documents for the application.

(4) Limitations on Eligible Costs – Eligible costs are limited to the extent that any one project shall not be awarded a loan which exceeds 25% of the total funds appropriated by the Legislation.

(5) Exclusion from Eligible Costs – Eligible costs do not include recurring annual expenditures for administration, repairs, operation and maintenance of any water supply systems project, and these costs must be excluded from the applicant’s share of the total construction costs.

History

Authority: T.C.A. §§ 68-221-501 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-04. January, 2013 4

Tenn. Comp. R. & Regs. 0400-45-04-.05 APPLICATIONS

(1) Applications for project grants for the construction of new or the expansion or improvement of existing water supply systems shall be submitted on the appropriate form, and shall be accompanied by all documentation, assurances, and other information called for in the instructions for completing and filing of applications.

(2) All applications shall be complete and received in the Central Office of the Division of Water Resources no later than May 1 of the year preceding the fiscal year in which the funds are available.

(3) All applications for project loans of water supply shall be so identified and be forwarded directly to the Director of the Division of Water Resources. Applications and all supporting documents shall be submitted in such form and in such number as specified in the instructions for completing applications.

(4) Any application which does not contain information sufficient to permit the Division of Water Resources to determine either the eligibility of the application or the assignment of a priority, shall not be deemed as received until such information is furnished by the applicant to the Division of Water Resources.

(5) An applicant shall furnish information in addition to or supplemental to the information contained in its application and supporting documentation upon request by the Division of Water Resources.

(6) An applicant may amend a pending application to include additional data or information in support of its original application at any time prior to the date on which the final priority to be assigned to application is determined.

(7) An application may be withdrawn from consideration upon request of the applicant, but if resubmitted shall be considered as a new application.

(8) The amount of the loan request in the application can be adjusted provided the funds are available and the change is not caused by the change in the project scope.

History

Authority: T.C.A. §§ 68-221-501 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-04.

Tenn. Comp. R. & Regs. 0400-45-04-.06 DETERMINATION OF ELIGIBILITY

(1) Each application and supporting documents shall be reviewed by the Division of Water Resources to determine if it contains all required information and meets the eligibility requirements of the Act and these rules and regulations.

(2) Each applicant will be notified by the Division of Water Resources within sixty (60) days of the actual date of receipt of the application as to eligibility for consideration for a project loan award.

(3) Applications from ineligible applicants will be returned to the applicant.

(4) Eligible applications will be processed for priority determination and qualifications for a project loan award in accordance with the procedures set forth in these rules and regulations.

History

Authority: T.C.A. §§ 68-221-501 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-04. January, 2013 5

Tenn. Comp. R. & Regs. 0400-45-04-.07 GENERAL CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS

During the review periods set forth in these rules and regulations, all eligible applicants shall be assigned a priority for loan funds. Priorities shall be assigned by the Division of Water Resources for applications for project loans for water systems based upon the following criteria:

CRITERIA CATEGORIES POINTS

(1) Public Health Needs If the water being conveyed to the consumer by municipal systems has been declared by the Division of Water Resources to be an actual and/or potential health hazard because of the chemical or bacteriological quality 25 or If water presently being conveyed to the consumers is from individual systems and is declared by the Division of Water Resources to be an actual and/or a potential health hazard because of the chemical or bacteriological quality 20 (2) Financial Needs One point will be given for each $100 of total (present plus proposed) indebtedness per connection up to a maximum of 20 (3) Treatment Facility Needs (quantity)

Applications for systems not capable of meeting the needs (quantity) of present consumers will receive 20 or Those systems not capable of meeting the needs (quantity) of new consumers will receive 20 (4) Regional Water System If the proposed project is part of a regional system, the application will receive 20 or If the proposed project will become a part of a regional system, within two years, the application will receive 15 (5) Distribution System Applications for systems that must improve in order to meet the maximum demand of the present consumer will receive 15 or Application for systems that must be expanded to serve additional consumers will receive 10 January, 2013 6

History

Authority: T.C.A. §§ 68-221-501 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-04.

Chapter 0400-45-06 Underground Injection Control (Transferred from 1200-04-06)

Tenn. Comp. R. & Regs. 0400-45-06-.01 AUTHORITY AND PURPOSE

The purpose of these regulations is to protect the ground water resources of the State. The authority for this rule is included in the authority given the board to protect waters of the State pursuant to T.C.A. § 69- 3-105. As provided in T.C.A. § 69-3-103(29), “Waters” means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee or any portion thereof except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.02 GENERAL

(1) Use of Number and Gender As used in these rules:

(a) Words in the masculine gender also include the feminine and neuter genders; and (b) Words in the singular include the plural; and (c) Words in the plural include the singular.

(2) Rule Structure These rules are organized, numbered, and referenced according to the following outline form:

(1) Paragraph (a) Subparagraph 1. Part (i) Subpart (I) Item I. Subitem A. Section (A) Subsection (3) Definitions For the purposes of the Underground Injection Control program established in this Chapter, the definition of any word or phrase used in these regulations shall be the same as given in T.C.A. § 69-3-103 except the following words or phrases shall have the following meanings:

“Aquifer” means a formation, group of formations, or part of a formation that contains a sufficient quantity of permeable material to yield significant quantities of water for wells and springs.

“Area of Review” (AOR) means the area surrounding an injection well described according to the criteria set forth in paragraph (3) of Rule 0400-45-06-.09 or in the case of an area permit, the project area plus a circumscribing area the width of which is either a mile or a number calculated according to the criteria set forth in the formula for injection well AOR.

“Casing” means a tubular retaining structure which is installed in an excavated hole to maintain the well opening.

“Cementing” means the act of employing cementitious material in the annulus behind the well casing.

“Cesspool” means a drywell that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and/or perforated sides.

“Commissioner” means the Commissioner of environment and conservation or the Commissioner’s duly authorized representative and, in the event of the Commissioner’s absence or a vacancy in the office of Commissioner, the deputy commissioner.

“Compatibility” means substances capable of being mixed or existing together.

“Composite sample” means a mixture of grab samples collected at the same sampling point at different times.

“Confining unit or zone” means a geological formation, group of formations, or part of a formation that limits fluid movement from an injection zone.

“Confining bed” means a layer of distinctly less permeable material stratigraphically adjacent to one or more aquifers.

“Contamination” means the addition of any substance or matter to water.

“Draft permit” means a document prepared under paragraph (7) of Rule 0400-45-06-.08 indicating the Commissioner’s tentative decision to issue or deny, modify, revoke and reissue, terminate, or reissue a “permit.” A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in paragraph (9) of Rule 0400-45-06-.08 are types of “draft permits.” A denial of a request for modification, revocation and reissuance, or termination, as discussed in paragraph (9) of Rule 0400-45-06-.08 is not a “draft permit.”

“Drilling mud” means a heavy suspension used in drilling an “injection well,” introduced down the drill pipe and through the drill bit.

“Drywell” means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids.

“Enhanced recovery” means increased recovery from a pool achieved by artificial means or by the application of energy extrinsic to the pool.

“Emergency permit” means a UIC “permit” issued in accordance with paragraph (8) of Rule

Tenn. Comp. R. & Regs. 0400-45-06-.03 INJECTION PROHIBITED

(1) Unless excluded under paragraph (3) of this rule, the construction of an injection well, the conversion of a well into an injection well, and the use or operation of an injection well is prohibited unless authorized by an injection well permit or by rule of the Commissioner.

(2) Wells may not be used for the disposal of radioactive or hazardous waste.

(3) The following activities are not within the scope of paragraph (1) of this rule:

(a) Operation of domestic subsurface fluid distribution systems disposing exclusively of sanitary waste with the capacity of serving less than 20 persons;

(b) Operation of facilities injecting natural gas for the purpose of storage; or (c) Operation of wastewater treatment ponds or lagoons permitted to discharge to surface waters under the National Pollutant Discharge Elimination System (NPDES) permitting program.

(4) These rules do not limit the authority of the Commissioner to abate and prevent pollution of surface or ground water resulting from any injection activity, or other discharge of pollutants, by requiring a permit, by instituting any type of enforcement action under the Water Quality Control Act of 1977, T.C.A. §§ 69-3-101 et seq. or other environmental statute, or by contracting for clean-up under the Tennessee Hazardous Waste Management Act, T.C.A. §§ 68-212-201 et seq., or by other appropriate action.

(5) The use of any well to dispose of water carrying human waste, household or business waste, raw sewage or the effluent from any septic tank or other sewer system of any kind, unless such well is a subsurface fluid distribution system (SFDS) which is part of a Subsurface Sewage Disposal System (SSDS) permitted under provisions of Rule 0400-48-01-.05 (T.C.A. §§ 68-221-401 et seq.).

(6) After the effective date of this rule all classes of new injection wells located within Zone 1 of a community water system’s wellhead protection area as defined in Rule 0400-45-01-.34 under T.C.A. §§ 68-221-701 et seq., the Tennessee Safe Drinking Water Act are prohibited.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.04 PREVENTION OF POLLUTION OF GROUND WATER AND IDENTIFICATION OF

UNDERGROUND SOURCES OF DRINKING WATER AND EXEMPTED AQUIFERS.

(1) No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this paragraph are met.

(2) For Class I, II and III wells, if any water quality monitoring of an underground source of drinking water indicates the movement of any contaminant into the underground source of drinking water, except as authorized under this rule, the Commissioner shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting (including closure of the injection well) as are necessary to prevent such movement. In the case of wells authorized by permit, the Commissioner may impose additional requirements by modifying the permit in accordance with rule paragraph (8) of Rule 0400-45-06-.08 or may terminate the permit in accordance with paragraph (9) of Rule 0400-45-06-.08. Additionally, the Commissioner may assess civil penalties for all permit or rule violations in accordance with T.C.A § 69-3-115.

(3) For Class V wells, if at any time the Commissioner learns that a Class V well may cause a violation of primary drinking water regulations he or she shall:

(a) Require the injector to obtain an individual permit; and/or (b) Order the injector to take such actions (including, where required, closure of the injection well) as may be necessary to prevent the violation; and/or (c) Take enforcement action.

(4) Whenever the Commissioner learns that a Class V well may be otherwise adversely affecting the health of persons, he or she may prescribe such actions as may be necessary to prevent the adverse effect, including any action authorized under paragraph (3) of this rule and assess civil penalties in accordance with T.C.A § 69-3-115.

(5) Notwithstanding any other provision of this rule, the Commissioner may take emergency action upon receipt of information that a contaminant which is present in or likely to enter a public water system or underground source of drinking water may present an imminent and substantial endangerment to the health of persons. The Commissioner must first determine that local authorities have not taken appropriate action to protect the health of such persons, before taking emergency action.

(6) Identification of Underground Sources of Drinking Water (a) The Commissioner may identify (by narrative description, illustrations, maps, or other means) and shall protect, except where exempted under subparagraph (b) of this paragraph, as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an “underground source of drinking water’’ in Rule 0400- 45-06-.02. Even if an aquifer has not been specifically identified by the Commissioner, it is an underground source of drinking water if it meets the definition in Rule 0400-45- 06-.02.

(b) 1. The Commissioner may identify (by narrative description, illustrations, maps, or other means) and describe in geographic and/or geometric terms (such as vertical and lateral limits and gradient) which are clear and definite, all aquifers or parts thereof which the Commissioner proposes to designate as exempted aquifers using the criteria in paragraph (7) of this rule.

No designation of an exempted aquifer submitted as part of a UIC Program shall be final until approved by the EPA Administrator.
Subsequent to program approval or promulgation by the EPA, the Commissioner may, after notice and opportunity for a public hearing, identify additional exempted aquifers.

(i) Exemption of aquifers identified under subparagraph (7)(b) of this rule shall be treated as a program revision under 40 CFR 145.32.

(Note: 40 CFR 145.32 provides that:

(a) Either EPA or the approved state may initiate program revision.

Program revision may be necessary when the controlling federal or state statutory or regulatory authority is modified or supplemented.

The state shall keep EPA fully informed of any proposed modifications to its basic statutory or regulatory authority, its forms, procedures, or priorities.

(b) Revision of a state program shall be accomplished as follows:

(1) The state shall submit a modified program description, Attorney General’s statement, Memorandum of Agreement, or such other documents as EPA determines to be necessary under the circumstances.

(2) Whenever EPA determines that the proposed program revision is substantial, EPA shall issue public notice and provide an opportunity to comment for a period of at least 30 days. The public notice shall be mailed to interested persons and shall be published in the Federal Register and in enough of the largest newspapers in the state to provide statewide coverage. The public notice shall summarize the proposed revisions and provide for the opportunity to request a public hearing. Such a hearing will be held if there is significant public interest based on requests received.

(3) The Administrator shall approve or disapprove program revisions based on the requirements of this part and of the Safe Drinking Water Act.

(4) A program revision shall become effective upon the approval of the Administrator. Notice of approval of any substantial revision shall be published in the Federal Register. Notice of approval of non-substantial program revisions may be given by a letter from the Administrator to the State Governor or his designee.)

(ii) Exemption of aquifers identified under subparagraph (7)(c) of this rule shall become final if the Commissioner submits the exemption in writing to the EPA Administrator and the EPA Administrator has not disapproved the designation within 45 days. Any disapproval by the EPA Administrator shall state the reasons and shall constitute final Agency action for purposes of judicial review.

(c) 1. For Class III wells, the Commissioner shall require an applicant for a permit which necessitates an aquifer exemption under part (7)(b)1. of this rule to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan for the proposed project, such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, analysis of the amenability of the mining zone to the proposed mining method, and a time-table of planned development of the mining zone shall be considered by the Commissioner in addition to the information required.

For Class II wells, a demonstration of commercial producibility shall be made as follows:

(i) For a Class II well to be used for enhanced oil recovery processes in a field or project containing aquifers from which hydrocarbons were previously produced, commercial producibility shall be presumed by the Commissioner upon a demonstration by the applicant of historical production having occurred in the project area or field; and (ii) For Class II wells not located in a field or project containing aquifers from which hydrocarbons were previously produced, information such as logs, core data, formation description, formation depth, formation thickness and formation parameters such as permeability and porosity shall be considered by the Commissioner, to the extent such information is available.

(7) Exempted Aquifers An aquifer or a portion thereof which meets the criteria for an “underground source of drinking water’’ may be determined to be an “exempted aquifer’’ if it meets the following criteria:

(a) It does not currently serve as a source of drinking water; and (b) It cannot now and will not in the future serve as a source of drinking water because:

It is mineral, hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible;
It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical;
It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or 4. It is located over a Class III well mining area subject to subsidence or catastrophic collapse; or (c) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l and it is not reasonably expected to supply a public water system.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.05 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06. Repeal filed August 22, 2024; effective November 20, 2024.

Tenn. Comp. R. & Regs. 0400-45-06-.06 CLASSIFICATION OF INJECTION WELLS

Injection wells within the jurisdiction of the Commissioner are classified as follows:

(1) Class I (a) Wells used by generators of hazardous waste or owners or operators of hazardous waste management facilities to inject hazardous waste, beneath the lowermost formation containing within a radius of one mile of the well bore, a USDW; or (b) Other industrial and municipal disposal wells which inject fluids beneath the lowermost formation containing, within a radius of one mile of the well bore, a USDW.

(c) Radioactive waste disposal wells which inject fluids below the lowermost formation containing an underground source of drinking water within one mile of the well bore.

(2) Class II Wells that inject fluids:

(a) Which are brought to the surface in connection with conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection;

(b) For enhanced recovery of oil or natural gas; and (c) For storage of hydrocarbons which are liquid at standard temperature and pressure.

(3) Class III Wells that inject fluids for extraction of minerals including:

(a) Mining of sulfur by the Frasch process;

(b) In-situ production of uranium or other metals. This category includes only in-situ production from ore bodies which have not been conventionally mined. Solution mining of conventional mines such as stope leaching is included in Class V; or (c) Solution mining of salts or potash.

(4) Class IV (a) Wells used by generators of hazardous waste or of radioactive waste, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites, to dispose of hazardous waste or radioactive waste into a formation which within one mile of the well contains a USDW; or (b) Wells used by generators of hazardous waste or of radioactive waste, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites, to dispose of hazardous waste or radioactive waste above a formation which within one mile of the well contains a USDW.

(c) Wells used by generators of hazardous waste or owners or operators of hazardous waste management facilities to dispose of hazardous waste, which cannot be classified under subparagraph (1)(a) of this rule or subparagraphs (a) and (b) of this paragraph.

(5) Class V Injection wells or systems not included in Classes I, II, III, or IV. Class V wells include:

(a) Air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump;

(b) Drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface formation;

(d) Recharge wells used to replenish the water in an aquifer;

(e) Sand backfill and other backfill wells used to inject a mixture of water and sand, mill tailings or other solids into mined-out portions of subsurface mines whether what is injected is a radioactive waste or not;

(f) Subsidence control wells (not used for the purpose of oil or natural gas production) used to inject fluids into a non-oil or gas producing zone to reduce or eliminate subsidence associated with the overdraft of fresh water;

(g) Injection systems associated with remedial activity. This subparagraph does not allow the injection of hazardous waste into a Class V well. Systems used to inject contaminated ground water that has been treated and is being reinjected into the same formation from which it was drawn are not prohibited by this rule if such injection is approved by state or federal agencies operating under the Tennessee Hazardous Waste Management Act, Part 1 or Part 2, T.C.A. §§ 68-212-101 et seq. or 68-212-201 et seq., Tennessee Petroleum Underground Storage Tank Act, T.C.A. §§ 68-215-101 et seq., Water Quality Control Act of 1977, T.C.A. §§ 69-3-101 et seq., Resource Conservation and Recovery Act (RCRA); 42 U.S.C. §§6901-6992k, or Comprehensive Environmental Response and Liability Act of 1980; 42 U.S.C. §§9601-9675;

(h) Injection wells associated with the recovery of geothermal energy for heating, aquaculture and production of electric power;

(i) Wells used for solution mining of conventional mines such as stopes leaching;

(j) Injection wells used in innovative or experimental technologies;

(k) Injection wells used for in site recovery of lignite, coal, tar sands, and oil shale; and (l) Wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts.

(m) Large capacity subsurface fluid distribution systems with the capacity to serve more than 20 persons per day.

(n) Infiltration cells.

(o) Subsurface fluid distribution systems disposing of waste other than sanitary waste.

(p) Dry wells used for the injection of wastes into a subsurface formation;

(q) Modification of a recharge point or the area where the recharge originates; and (r) Improved sinkholes.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.07 PERMIT REQUIRED

(1) Except for exclusions specified in paragraph (3) of Rule 0400-45-06-.03, all injection wells and activities must be authorized by permit or by rule.

(2) For new injection wells, a permit must be obtained before construction commences, unless the injection is authorized by rule as described in paragraph (2) of Rule 0400-45-06-.14.

(3) The owner or operator of an existing Class II or III injection well shall complete, sign and submit to the Commissioner an application for permit in conformance with this Chapter within six (6) months from the date of approval of these rules. The owner or operator must demonstrate to the satisfaction of the Commissioner that the existing well complies with all applicable rules of this Chapter.

(4) Continued injection into existing Class V wells is authorized by virtue of this rule provided compliance with paragraph (1) of Rule 0400-45-06-.05 and any other applicable rules of this

Chapter are maintained. Owners/operators of existing Class V wells that fail to maintain compliance shall immediately cease operation and submit an application. An application must be submitted within the appropriate time frame for each grand division as specified in this

rule. Within six (6) months of the effective date of this rule, owner/operators of injection wells within the Western Grand Division must submit an application. Within twelve (12) months of the effective date of this rule, owner/operators of injection wells within the Central Grand Division must submit an application. Within eighteen (18) months of the effective date of this

rule, owner/operators of injection wells within the Eastern Grand Division must submit an application. If an application for an existing Class V well is not submitted within the specified timeframe, the owner/operator shall be subject to an application fee for a new well as specified in paragraph (1) of Rule 0400-45-06-.18.

(5) The Commissioner may require the owner or operator of a Class V injection well authorized by rule to apply for and obtain an injection well permit. Cases for which a permit may be required include:

(a) The injection well is not in compliance with the standards required by this Chapter.

(b) Compliance with standards in addition to those listed in this Chapter is required to protect USDWs from pollution.

(6) Reserved.

(7) Class V wells utilizing innovative or experimental technologies may not be authorized by rule, but only by a permit. The permit shall require a surety bond.

(8) Emergency permits.

(a) Coverage Notwithstanding any other provision of this rule the Commissioner may temporarily permit a specific underground injection if:

An imminent and substantial endangerment to the health of persons will result unless a temporary emergency permit is granted, provided the injection will not result in the movement of fluids into underground sources of drinking water; or 2. (i) A substantial and irretrievable loss of oil or gas resources will occur unless a temporary emergency permit is granted to a Class II well; and (ii) Timely application for a permit could not be practically made; and (iii) The injection will not result in the movement of fluids into underground sources of drinking water; or 3. A substantial delay in production of oil or gas resources will occur unless a temporary emergency permit is granted to a new Class II well and the temporary authorization will not result in the movement of fluids into an underground source of drinking water.

(b) Requirements for issuance 1. Any temporary permit under part (a)1. of this paragraph shall be for no longer term than required to prevent the hazard.

Any temporary permit under part (a)2. of this paragraph shall be for no longer than 90 days, except that if a permit application has been submitted prior to the expiration of the 90-day period, the Commissioner may extend the temporary permit until final action on the application.
Any temporary permit under part (a)3. of this paragraph shall be issued only after a complete permit application has been submitted and shall be effective until final action on the application.
Notice of any temporary permit under this paragraph shall be published in accordance with paragraph (7) of Rule 0400-45-06-.08 within ten days of the issuance of the permit.
The temporary permit under this paragraph may be either verbal, or written. If verbal authorization, it must be followed within 5 calendar days by a written temporary emergency permit.
The Commissioner shall condition the permit in any manner he or she determines is necessary to ensure that the injection will not result in the movement of fluids into an underground source of drinking water.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.08 , that area the radius of which is the lateral distance in which the pressures in the injection zone may cause the migration of the injection and/or formation fluid into an underground source of drinking water; or II. In the case of an application for an area permit, the project area plus a circumscribing area the width of which is the lateral distance from the perimeter of the project area, in which pressures in the injection zone may cause the migration of the injection and/or formation fluid into an underground source of drinking water.

(II) Computation of the zone of endangering influence may be based upon the parameters listed below and should be calculated for an injection time period equal to the expected life of the injection well or pattern. The following modified Theis equation illustrates one form which the mathematical model may take. r = ‘ ( 2.25KHt ) 1/2 S10 x where:

X = 4πKH(h w -h bo XS p G b 2.3Q r = Radius of endangering influence from injection well (length)

K = Hydraulic conductivity of the injection zone (length/time)

H = Thickness of the injection zone (length) t = Time of injection (time)

S = Storage coefficient (dimensionless)

Q = Injection rate (volume/time) h bo = Observed original hydrostatic head of injection zone (length) measured from the base of the lowermost underground source of drinking water h w = Hydrostatic head of underground source of drinking water (length) measured from the base of the lowermost underground source of drinking water S p G b = Specific Gravity of fluid in the injection zone (dimensionless) Π (pi) = 3.142 (dimensionless)

The above equation is based on the following assumptions:

I. The injection zone is homogeneous and isotropic;

II. The injection zone has infinite areal extent;

III. The injection well penetrates the entire thickness of the injection zone;

IV. The well diameter is infinitesimal compared to “r”; when injection time is longer than a few minutes; and V. The emplacement of fluid into the injection zone creates instantaneous increase in pressure.

(ii) Fixed radius (I) In the case of application(s) for a well permit(s), a fixed radius around the well of not less than one mile may be used.

(II) In the case of an application for an area permit, a fixed width of not less than one mile for the circumscribing area may be used.

In determining the fixed radius, the following factors shall be taken into consideration: chemistry of the injected and formation fluids; hydrogeology; population and ground water use and dependence; and historical practices in the area.

(b) The Commissioner may require an owner or operator of an existing or proposed injection well to submit information necessary to establish the area of review.

(4) Mechanical Integrity Standards (a) An injection well has mechanical integrity if there is no significant leak in the casing, tubing or packer, and if there is no significant fluid movement into USDWs through vertical channels in and adjacent to the injection well bore hold.

(b) The following tests shall be used to evaluate the mechanical integrity of an injection well:

Monitoring of annulus pressure, or pressure test with liquid or gas to detect any leaks in casing, tubing, or packer;
Appropriate geophysical logs to detect any fluid movement through vertical channels in and adjacent to the injection well borehole.

(c) The Commissioner may allow the use of tests to evaluate mechanical integrity other than those listed in this rule if such tests have been approved in writing by the Commissioner and, if the Commissioner receives authority for an underground injection control program from the U.S. EPA, the EPA Administrator or his designee.

(d) Methods and standards generally accepted in the industry shall be applied in conducting and evaluating the tests required by this paragraph.

(5) Corrective Action Standards (a) Standards 1. Applicants for injection well permits shall identify the location of all known wells within the area of review which penetrate the injection zone, or in the case of Class II wells operating over the fracture pressure of the injection formation, all known wells within the area of review penetrating formations affected by the increase in pressure. For such wells which are improperly sealed, completed or abandoned, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluids into USDWs.

(b) Requirements 1. Any permit issued for an existing injection well (other than a Class II well) requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed shall be completed as soon as possible.

No permit for a new injection well may authorize injection until all required corrective action has been taken.

(c) Injection pressure limitation The Commissioner may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not exceed hydrostatic pressure at the site of any improperly completed or abandoned well within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other required corrective action has been taken.

(d) In determining the adequacy of corrective action to prevent fluid movement into or between formations containing USDWs, the following criteria and factors shall be considered by the Commissioner:

Nature and volume of the injected fluid;
Nature of native fluids, and by-products of injection;
Potentially affected population;
Geology;
Hydrology;
History of the injection operation;
Completion and plugging records;
Abandonment procedures in effect at the time the well was abandoned; and 9. Hydraulic connections with formations containing USDWs.

(e) Class III wells only When setting corrective action requirements, the Commissioner shall consider the overall effect of the project on the hydraulic gradient in the potentially affected USDWs, and the corresponding changes in potentiometric surface(s) and flow direction(s) rather than the discrete effect of each well. If a decision is made that corrective action is not necessary based on the determinations of this paragraph, the monitoring program required in Rule 0400-45-06-.12 shall be designed to verify the validity of such determinations.

(6) Plugging and Abandonment Standards (a) An injection well, or a test or monitor well associated with an injection well, must be abandoned and plugged when:

The well is no longer usable for its intended purpose or other purpose as approved by the Commissioner;
The well poses a potential threat to the quality of the waters of the state; or 3. The well has not been operated for two (2) years.

(b) When it is necessary to plug and abandon a well covered by these regulations, an application for a plugging and abandonment permit will be submitted to the Commissioner on the form prescribed. The application will include:

Reasons for abandonment;
A copy of the approved plugging and abandonment plan which was submitted with the application for construction or operation permits; and 3. Any modifications deemed necessary to the previously approved plugging and abandonment plan.

(c) The owner/operator of an abandoned injection well or facility may be required to submit all pertinent records of construction, operation and abandonment to the Commissioner within a period of not less than one year following the date of abandonment.

(d) Any well that is to be permanently plugged and abandoned shall be completely filled and sealed in such a manner that vertical movement of fluid either into or between formation(s) containing USDWs through the bore hole is not allowed. The proposed method of filling and the type of material to be used shall be approved by the Commissioner.

(e) As a minimum, permanent seals must be placed in the bore hole opposite (1) the lowermost confining bed, and (2) each intermediate confining bed between successive formation(s) containing USDWs.

(f) Seals intended to prevent vertical movement of water in a well bore hole shall be composed of cement, sand-and-cement, or concrete or other sealing materials demonstrated to the satisfaction of the Commissioner to be effective.

(g) The minimum length of a seal required in subparagraph (f), of this paragraph, shall be 20 feet.

(h) The bore hole above the uppermost formation(s) containing a USDW shall be filled with materials less permeable than the surrounding undisturbed formations, the uppermost five (5) feet of the bore hole (at land surface) shall be filled with a material appropriate to the intended use of the land.

(i) The materials used to fill spaces between well seals shall be filled with disinfected dimensionally stable materials, compacted mechanically if necessary to avoid later settlement except that cement, cement and sand, and concrete do not require disinfection. Disenfection of well filling materials shall be accomplished by using chlorine compounds such as sodium hypochlorite or calcium hypochlorite.

(j) Temporary bridges may be used to avoid having to fill very deep holes below the deepest point at which a permanent seal is required. Temporary bridges used to provide a base for a permanent seal shall consist of materials approved by the Commissioner.

(k) After a cessation of operations of two years, the owner or operator shall plug and abandon the well in accordance with the plan unless he:

Provides notice to the Commissioner; and 2. Describes actions or procedures, satisfactory to the Commissioner that the owner or operator will take to ensure that the well will not endanger USDWs during the period of temporary abandonment. These actions and procedures shall include compliance with the technical requirements applicable to active injection wells unless waived by the Commissioner.

(7) Placement of Sealing Materials (a) Approved sealing materials used in abandonment operations shall be introduced at the bottom of the well or interval to be sealed and placed progressively upward to the top of the well. All such sealing materials shall be placed in such a way as to avoid segregation or dilution of the sealing materials. The method of emplacing materials shall be approved by the Commissioner. Dumping sealing material from the top of the well shall not be allowed.

(b) Permanent seals shall be placed in wells or bore holes opposite confining beds between aquifers which are identifiable as, or are suspected of being, hydraulically separated under natural, undisturbed conditions. After the required seal has been installed, the remainder of the confining zone between formations containing USDWs may be filled with sand, sand and gravel, or other rock material acceptable to the Commissioner.

(8) Special Conditions (a) The permanent sealing of flowing wells or wells that have a positive shut-in pressure head at the land surface shall be accomplished only after the wells have been prepared in such a way as to prevent any backflow of water or other fluids at the land surface.

This can be accomplished by introducing high specific gravity fluids at the bottom of the bore hole and filling the hole with the fluid until all flow ceases or the shut-in pressure is reduced to zero. If the displaced fluid constitutes a contaminant, special handling will be required to avoid any threat to USDWs.

(b) Prior to abandonment, any Class I or Class III well or any monitoring well that extends to the top of the shallowest injection zone shall be sealed from the top of the shallowest injection zone to the land surface with neat cement grout or an approved equivalent cementitious material such as neat cement with a maximum of 5 percent by weight of commercially processed bentonite.

(c) The following shall be considered in determining the adequacy of a plugging and abandonment plan for injection wells:

The type and number of plugs to be used;
The placement of each plug including the elevation of the top and bottom;
The type, grade and quantity of plugging material to be used;
The method of placement of the plugs;
The procedure used to plug and abandon the well;
Any newly constructed or discovered wells, or information, including existing well data, within the area of review;
Geologic formations present including but not limited to type of strata, structure and location of any aquifer;
Economic conditions; and 9. Such other factors that may affect the adequacy of the plan.

(9) Verification of Procedures (a) Except under emergency conditions the Commissioner is to receive thirty (30) days advance notice of the intent to plug and abandon either an injection or monitoring well in order to permit Departmental personnel to witness the procedure.

(b) Within ninety (90) days after completion of plugging, the permittee shall provide to the Commissioner documentation that the well was adequately plugged and abandoned.

(10) Evidence of financial responsibility shall be demonstrated to accomplish all actions required under these rules, including all plugging and abandonment activities. This financial responsibility requirement does not apply to those Class V wells which are permitted by rule.

(11) The Commissioner may require, by written notice on a selective well-by-well basis, an owner or operator of an injection well to establish and maintain records, make reports, conduct monitoring, and provide other information as is deemed necessary to determine whether the owner or operator has acted or is acting in compliance with T.C.A. §§ 69-3-101 et seq., Tennessee Water Quality Control Act or its implementing regulations.

(12) All injection wells must be placed on a plat with the Register of Deeds by the seller of the individual properties that the injection well is located on or the injection zone is beneath. The owner/operator of the injection well shall have contractual agreement for access to the injection well at all reasonable times.

(13) Any person owning or operating an injection well shall keep the Commissioner advised of his or her current address and must readily accept all mail sent by the Commissioner. For the purposes of this rule, registered or certified mail sent with proper postage to the registered owner or operator’s last known address shall be considered adequate notification regardless of whether the mail is accepted or returned unclaimed.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-12-01-.02 .

“Hydrofracture” means the application of pressure sufficient to cause rupture of a subsurface formation.

“Improved sinkhole” means a naturally occurring karst depression modified by man in such a manner that the chemical, physical, biological, radiological, or bacteriological properties of the water or fluids moving into the subsurface through it have been or will be altered.

“Infiltration cell” means an unlined man-made structure designed for the distribution of fluids into or above a “USDW.”

“Injection well” means structure or device which is used for the emplacement of fluids into a subsurface stratum including, but not limited to:

(a) A well used for the emplacement of fluids;

(b) A subsurface fluid distribution system;

(c) An improved sinkhole; or (d) Infiltration cell and any other structures or devices designed, constructed or used to emplace fluids into the subsurface, except as provided in paragraph (3) of Rule 0400- 45-06-.03; or (e) Modified recharge point.

“Injection zone” means the formation, group of formations, or part of a formation that receives fluids through an injection well.

“Injectivity index” means the rate of injection in gallons per minute per unit of applied injection pressure in pounds per square inch.

“Innovative technology” means an experimental or unproven procedure, which has not been demonstrated to be feasible under the conditions in which it is being tested.

“Lease” means real property upon which the right to extract oil and gas or other minerals has been granted under contract for a share of the value of the production or an annual rental for a specified period.

“Mechanical integrity” means mechanically complete, performs the function for which it was intended and is unimpaired.

“Modified recharge point” means a naturally occurring karst feature that has been modified by man with a structure or in any other manner that the chemical, physical, biological, radiological or bacteriological properties of the water or fluids moving into the subsurface through it or the ground water has been or will be altered.

“New injection well” means any well that begins injection of fluids into the subsurface after August 9, 1985.

“Owner or operator” means the owner or operator of any “facility or activity” subject to

regulation under the UIC program.

“Packer” means a device placed in a well to produce a fluid-tight seal in a section of the well bore or the annulus between the well casing and the inner injection tubing.

“Permit” means an authorization, license, or equivalent control document issued by EPA or the Commissioner to implement the requirements of these rules. “Permit” includes an area permit and an emergency permit. “Permit” as used in these UIC rules means an individual permit issued under the Water Quality Control Act and does not include an authorization by

rule which is a type of general permit under the Water Quality Control Act.

“Person” means an individual, association, partnership, corporation, municipality, State, Federal, or Tribal agency, or an agency or employee thereof.

“Plugging” means the act or process of stopping the flow of water, oil, or gas into or out of a formation through a bore hole or well penetrating that formation.

“Point of injection” means the last accessible point where a sample may be collected prior to waste fluids being released into the subsurface environment through a Class V injection well.

“Pollution” means such alteration of the physical, chemical, biological, bacteriological, or radiological properties of waters of this State including but not limited to changes in temperature, taste, color, turbidity, or odor of the waters:

(a) As will result or will likely result in harm, potential harm or detriment of the public health, safety, or welfare;

(b) As will result or will likely result in harm, potential harm or detriment to the health of animals, birds, fish, or aquatic life;

(c) As will render or will likely render the waters substantially less useful to domestic, municipal, industrial, agricultural, recreational, or other reasonable uses; or (d) As will leave or will likely leave the waters in such condition as to violate any standards of water quality established by Water Quality Control Board.

“Project” means a group of wells in a single operation.

“Produced water” means those waters produced in conjunction with the production of crude oil or natural gas and commonly collected at field storage or disposal facilities including: lease tanks, commingled tank batteries, burn pits, and community or lease wastewater disposal systems.

“Public water system” means a system for the provision of piped water for human consumption if such system has at least fifteen (15) connections or regularly serves at least twenty-five (25) individuals at least sixty (60) days out of the year.

“Radioactive material” means any material, solid, liquid, or gas, which emits radiation spontaneously.

“Radioactive waste” means any waste which contains radioactive material in concentrations which exceed those listed in Rule 0400-20-05-.161, Schedule RHS 8-30, Table II, Column 2.

“Recharge point” means a naturally occurring sinkhole or other karst feature that accepts stormwater runoff from unimproved properties.

“Regional rock deformation” means folded, faulted, sheared, compressed or extended rocks which result from various earth forces.

“Sanitary waste” means liquid or solid wastes originating solely from humans and human activities, such as wastes from toilets, showers, wash basins, cleaning, clothes washing, or food preparation, together with any waters mixed with or used to convey such wastes, and provided that the waste or water is not mixed with industrial waste.

“Schedule of compliance” means a schedule of remedial measures included in a “permit,” including an enforceable sequence of interim requirements (for example: actions, operations, or milestone events) leading to compliance with the “appropriate Act and regulations.”

“Septic system” means a “well” that is used to emplace sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution system or disposal system.

“Sewage” means water-carried waste or discharges from human beings or animals, from residences, public or private buildings, or industrial establishments, or boats, together with such other wastes and ground, surface, storm, or other water as may be present; (T.C.A. § 69-3-103(27)).

“Sinkhole” means a naturally occurring closed depression in a karst area characterized by inward drainage (inlets) accepting runoff from the surrounding area and having no visible surface outlet.

“Site” means the land or water area where any facility or activity is physically located or conducted including adjacent land used in connection with the facility or activity.

“Stratum” (plural strata) means a single sedimentary bed or layer, regardless of thickness, that consists of generally the same kind of rock material.

“Subsurface fluid distribution system” (SFDS) means an assemblage of perforated pipes, drain tiles, or mechanisms intended to distribute fluids below the surface of the ground.

“Total dissolved solids” means a material that passes through a standard glass fiber filter disk and remains after evaporation and drying to constant weight at 180°C.

“Transferee” means the owner or operator receiving ownership and/or operational control of the well.

“Transferor” means the owner or operator transferring ownership and/or operational control of the well.

“Tremie pipe” means a device, usually small diameter pipe, that carries grouting materials to the bottom of a drill hole and allows the emplacement of the grout from the bottom up without the introduction of appreciable air pockets.

“UIC” means the Underground Injection Control program.

“Underground injection” means a “well injection.”

“Underground source of drinking water” (USDW) means an aquifer or its part that:

(a) Currently supplies any public water system; or (b) Contains a sufficient quantity of ground water to supply a public water system; and 1. Currently supplies drinking water for human consumption; or 2. Contains fewer than 10,000 mg/L total dissolved solids; and (c) Which is not a portion of an aquifer which has been designated by the Commissioner as an Exempted Aquifer.

“Well” means a bored, drilled, driven or dug shaft or hole whose depth is greater than the largest surface dimension or an improved sinkhole; or a subsurface fluid distribution system.

“Well injection” means the subsurface emplacement of fluids through a “well.”

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.12 , a new injection well may not commence injection until construction is complete, and 1. The owner or operator has submitted notice of completion of construction to the Commissioner; and 2. (i) The Commissioner has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of this rule and the authorization; or (ii) The owner or operator has not received notice from the Commissioner of his or her intent to inspect or otherwise review the new injection well within 13 days of the date of the notice in part 1. of this subparagraph, in which case prior inspection or review is waived and the owner or operator may commence injection. The Commissioner shall include in his notice a reasonable time period in which he shall inspect the well.

(n) The owner or operator shall notify the Commissioner at such times as this rule or the authorization requires before conversion or abandonment of the well, or in the case of area permits, before closure of the project.

(o) A Class V authorization may include, conditions to insure that plugging and abandonment of the well will not allow the movement of fluids into or between USDWs.

Where the Commissioner’s review of an application indicates that the applicant’s plan is inadequate, the Commissioner may require the applicant to revise the plan, prescribe conditions meeting the requirements of this paragraph, or deny the authorization.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.09 , the owner or operator of the well shall submit an application for a permit for plugging and abandonment of the well.

(b) Before any injection well is plugged, the owner or operator shall obtain a permit for the plugging of the well.

(d) If the Commissioner finds that the application meets all requirements of these rules, then the permit for plugging and abandonment of the well shall be issued.

(e) Upon completion of plugging and abandonment of a well or wellfield, the permittee shall submit to the Commissioner a final report, in accordance with the standards described in paragraph (6) Rule 0400-45-06-.09, which shall include, but will not be limited to, the following:

Daily construction reports;
Certification of completion in accordance with approved plans and specifications by a person knowledgeable and experienced in the field; and 3. Evidence, such as a sealed copy or certification from the county clerk, that a surveyor’s plot of the location of the abandoned wells has been recorded in the county courthouse property records.

(f) The Commissioner shall require post-closure monitoring of Class I wells for at least three (3) years. Results of such monitoring shall be reported quarterly to the Commissioner.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.10 CLASS I WELLS

(1) The following are prohibited:

(a) Subsurface emplacement of fluids containing hazardous waste into ground water.

(b) Subsurface emplacement of waste fluids into ground water in a location containing extractable energy-related resources including but not limited to oil, gas, oilshale, coal and lignite. (See attached Appendix A)

(c) Subsurface emplacement of waste fluids into ground water in areas characterized by regional rock deformation such as of the magnitude that occurs in eastern Tennessee.

(See attached Appendix A)

(d) Subsurface emplacement of waste fluids into or beneath aquifers composed of uncemented sand such as occurs in western Tennessee. (See attached Appendix A)

(e) The application of pressures sufficient to initiate new fractures or propagate existing fractures in the injection or confining zone.

(2) Permit Application for Class I Wells (a) Three separate and independent permits will be needed for Class I Wells. They are:

Construction permits;
Operating permits; and 3. Abandonment and plugging permits.

(b) The counties in the following list generally do not have the characteristics enumerated in paragraph (1) of this rule. However, if such characteristics do exist in a particular location the prohibitions in paragraph (1) of this rule would apply.

Bedford Houston Perry Cannon Humphreys Robertson Cheatham Lawrence Rutherford Coffee Lewis Smith Davidson Lincoln Stewart DeKalb Macon Sumner Dickson Maury Trousdale Franklin Marshall Warren Giles Moore Williamson Hickman Montgomery Wilson (3) Construction Permit Requirements (a) Feasibility Study An application for a permit to construct a new Class I injection well or for a permit modification to inject a fluid which has not been authorized by the existing permit shall be considered only after a thorough evaluation of all reasonable disposal methods.

This requirement shall be satisfied as follows:

Submission to the Commissioner of a technical report providing:

(i) A characterization of the fluid to be injected;

(ii) The source of the fluid to be injected;

(iii) An evaluation of all reasonable methods of disposal which may be used for each fluid to be injected;

(iv) A demonstration of the effect of the fluid on the host rock and the ground water; and (v) Documentation that underground injection is a feasible means of the permitting process or disapprove the proposed injection well.

After a review, the Commissioner, will either approve continuation of the permitting process or disapprove the proposed injection well.

(b) Description of Area If the Commissioner approves the feasibility study, a hydrogeologic description of the area surrounding the site of the proposed injection facility must be submitted. The study area shall extend for at least a two and one-half miles (2½) radius of the site. The description shall include but not be limited to the following:

A set of inventories and maps that shall provide the following information to the extent that such information is known to the applicant or is available in public records.

(i) A tabulation of data on all wells of public record (to include water wells) located within the study area, to include:

(I) Method of construction, (II) Date drilled, (III) Location, (IV) Depth, (V) Record of plugging or completion, and (VI) The present use of the well.

(ii) A tabulation of surface waters located within the study area to include:

(I) Type, (II) Location, and (III) Use.

(iii) A map(s) showing the location of:

(I) Wells, (II) Surface waters, and (III) Other pertinent surface features such as roads, mines, quarries, residences and planned developments, within the study area.

Hydrogeological data including maps and cross sections showing local and regional geological structure, the horizontal and vertical extent of formation(s) containing a USDW, the proposed injection zone, and the direction of flow of water in each formation(s) containing a USDW and proposed injection zone.
After a review, the Commissioner will either approve continuation of the permitting process or disapprove the proposed injection well.

(c) Construction Plans Application for a permit to construct a Class I Well shall contain a proposed step-bystep drilling plan. The drilling plan must specify the proposed drilling, sampling, coring, and testing program and adhere to the design criteria and construction standards provided in this rule. If the Commissioner determines that the construction permit application meets the requirements of subparagraphs (d), (e), and (f) of this paragraph, the construction permit shall be issued.

(d) Design Criteria 1. All Class I wells shall be designed and constructed in such a fashion they inject into a formation which is beneath the lowermost formation containing a USDW.

All Class I wells shall be cased and cemented to prevent the movement of fluids into or between formation(s) containing a USDW and to maintain the quality of aquifers above the injection zone that may be used for monitoring or other purposes.
A deviation survey will be run at sufficiently frequent intervals to ensure that the casing can be set and centered for cementing.
The Commissioner may require directional surveys, if, after an analysis of the well design and drilling program, it is deemed necessary.
The construction should be supervised by a person knowledgeable and experienced in drilling and completion of injection wells.
All Class I injection wells shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service.

(e) Casings 1. The casings used in the construction of each newly drilled Class I well shall be designed for the life expectancy of the well.

The number, thickness, type of materials, and length of casing shall be sufficient to protect the USDWs and the integrity of the well and the confining strata.
Exact setting depths for all casings shall be determined in the field, based on all available information, in order to best protect USDWs.

(f) Cementing The applicant shall submit the proposed cementing program with the drilling plan. The proposed program should insure that an adequate bond can be achieved between the casing and the borehole.

The cementitious material used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

(i) Depth to the injection zone;

(ii) Depth to the bottom of all formation(s) containing USDWs;

(iii) Injection pressure, external pressure, internal pressure, and axial loading;

(iv) Hole size;

(v) Size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification and construction material);

(vi) Corrosiveness of injected fluid, formation fluids, and temperatures;

(vii) Lithology of injection and confining zones;

(viii) Type, grade, and amount of cementitious material.

Cementitious material must be compatible with the injected fluid, native fluids, and the formations penetrated by the bore hole.
Use of additives to the cementitious materials used for mixing shall be determined by the applicant, provided the integrity, containment, corrosion protection, and structural strength of the cementitious material are not significantly affected. Accurate records shall be kept and recorded of all additives used.
Prior to cementing, the hole shall be conditioned in such a way as to optimize bonding of the cement to the casing and formation, and to prevent channeling.
Placement of cementitious material shall be in such a manner that the purposes and characteristics of the cement are retained, and shall be subject to Commissioner approval.
The applicant shall submit a cement testing program with the permit application for Commissioner approval. The purpose of the cement testing program is to insure that the cement seal is adequate to prevent migration of fluids in channels, microannular spaces, or voids in the cement. The following methods of testing, as a minimum, shall be considered:

(i) Pressure testing of casing - to not less than 1.5 times the expected injection pressure;

(ii) Temperature log - must be run within forty-eight (48) hours after cementing; and (iii) Cement bond log.

(g) Testing During Drilling and Construction of New Class I Wells Appropriate logs and other tests shall be conducted during the drilling and construction of new Class I wells. A descriptive report interpreting the results of such logs and tests shall be prepared by a qualified log analyst and submitted to the Commissioner. At a minimum, such logs and tests shall include:

Directional surveys on all holes that are constructed by first drilling a pilot hole, and then enlarging the pilot hole by reaming or another method. Construction of pilot holes is not encouraged.
Such other logs and tests as may be needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information. In determining which logs and tests shall be required, the following logs shall be considered for use in the following situations:

(i) For surface casing intended to protect USDWs:

(I) Resistivity, spontaneous potential, and caliper logs before the casing is installed; and (II) A cement bond, temperature, or density log after the casing is set and cemented.

(ii) For intermediate and long strings of casing intended to facilitate injection:

(I) Resistivity, spontaneous potential, porosity, and gamma ray and caliper logs before the casing is installed;

(II) Fracture finder logs; and (III) A cement bond, temperature, or density log after the casing is set and cemented.

The following information concerning the proposed injection zone shall be determined or calculated for new Class I wells:

(i) Hydrostatic pressure head;

(ii) Temperature of the native fluid;

(iii) Geostatic pressure;

(iv) Other physical and chemical characteristics of the proposed injection zone;

(v) Physical and chemical characteristics of the native fluids;

(vi) Generalized direction of fluid flow in the proposed injection zone; and (vii) Other information as deemed necessary by the Commissioner.

(h) Testing Integrity of Completed Class I Well(s)

The completed well(s) will be tested to assure that the well(s) will function as built. Tests to be considered shall include, but not be limited to, the followings:

(i) Cement bond log;

(ii) Temperature log;

(iii) Pressure test of final casing to at least 1.5 times the expected injection pressure for one hour, with no pressure drop after temperature correction;

(iv) Casing inspection log from top to bottom of the well for baseline monitoring purposes;

(v) Injection tests; and (vi) Withdrawal tests - if necessary.

(i) Construction Reports 1. The Commissioner shall be notified when drilling is to commence.

The Commissioner will require periodic data reports and progress reports that may include, but not be limited to, the following:

(i) Driller’s log;

(ii) Geophysical logs;

(iii) Core analyses;

(iv) Lithologic log;

(v) Drill stem test data;

(vi) Injection or withdrawal test data;

(vii) Pressure test data; and (viii) Construction progress reports.

Interpretation of data will be required in the data reports or progress reports at each milestone phase of construction such as completion of the pilot hole, completion of test well, and completion of well performance tests.
The applicant shall submit final reports of pertinent data collected with interpretations to the Commissioner with the application for an Injection Well Operation Permit.

(4) Operating Permits (a) Application for permit to operate any Class I well shall be complete and contain any information necessary to provide:

A feasibility study including all of the items required in subparagraph (3)(a) of this

rule. An up-to-date feasibility study must also be submitted with any request for renewal of an operating permit. If the feasibility study is not included, the application for renewal of an operating permit will not be complete.

A description of the area of review which applies to each Class I injection well in a manner acceptable to the Commissioner. The description shall take into account the zone of endangering influence. A radius around the injection well field of not less than one mile shall be used as a minimum area of review. A determination of the area of review shall include, but not be limited to, the following information:

(i) The geologic and hydrologic characteristics of the host rock, and the confining unit separating the injection zone from the lowermost formation(s) containing a USDW;

(ii) The characteristics of the injection fluids and native fluids;

(iii) Number of people residing in the area of review; and (iv) Ground water use and dependence; past, present, and future to the extent such information is known to the applicant or is on public record.

The compatibility of the non-hazardous injected fluid with both the native fluid and the host rock of the in tended injection zone must be demonstrated using laboratory or field data.
Contingency plans to prevent pollution of any USDWs or surface water which may be caused by failure of the well or associated equipment.
A plan for plugging and abandonment of the proposed injection well. Plugging shall be accomplished so that the injection zones are completely isolated and the movement of fluids into any formation(s) containing a USDW or between formation(s) containing a USDW is prevented. Plugging shall also be accomplished so that surface water cannot enter the well.
A report on the status of any corrective action required under these rules.

(b) Operating Requirements for Class I Wells 1. Injection pressure shall not exceed a maximum of 0.60 psi/foot of depth from the land surface to the shallowest injection zone unless the applicant can demonstrate, to the satisfaction of the Commissioner that a higher pressure can be used and will not initiate new fractures or propagate existing fractures in the injection zone.

Total pressure shall not exceed the maximum allowable stress of the materials used to construct the well.
Injection of wastewater between the outermost casing protecting USDWs and the inner tubing is prohibited.
All waste fluids to be emplaced shall be injected through tubing.
The annulus between the tubing and the long string of casing shall be filled with a fluid approved by the Commissioner. A pressure, also approved by the Commissioner shall be maintained on the annulus sufficient to allow for continuous monitoring of the mechanical integrity of the well.
The Commissioner shall be notified when operation is to commence.
Other operational limitations shall be established as necessary on a case-bycase basis.

(c) Operation and Maintenance Manual 1. Operation and maintenance procedure manual(s) shall be prepared for injection well disposal facilities, or parts thereof. The manual shall, at a minimum, contain appropriate information discussed in the remainder of this subparagraph. The Commissioner may require that the manual be submitted as part of the application for an operating permit.

The required procedure shall provide for the reliable and efficient operation and maintenance of the injection well disposal facility, in accordance with the requirements of this rule.
The detail of the required manual shall be consistent with the complexity of the system. The manual shall be developed in accordance with the unique requirements of the individual injection well disposal facility and shall provide the operator with sufficient information and description regarding the design, operation, and maintenance criteria and features of the disposal facility involved.
Basic hydraulic and engineering design criteria for the injection well disposal facility shall be included in the manual, as well as information and procedures required for normal control and distribution of effluent within the injection well disposal facility.
Information concerning process control and performance evaluation for the facility shall be included, as well as equipment and procedural descriptions for emergency operating conditions, alternate discharge as a back-up procedure, and listing of spare parts to have on hand. Regular maintenance of all equipment, repair, safety, and monitoring procedures, laboratory, lab testing equipment, and personnel requirements, and a “trouble shooting” problem guide shall also be included in the manual.
A copy of the manual shall be provided to the operator of the injection facility by the permittee. The manual shall be available for reference at the facility or other approved site. The permittee shall maintain at least one copy of the manual.
The Commissioner may require revisions to the manual to reflect any facility modifications performed in order to comply with the requirements of this Chapter, or to reflect experience resulting from facility operation.

(d) Abnormal Events 1. In the event the permittee is temporarily unable to comply with any of the conditions of a permit that may result in imminent harm to the public health or to the environment due to breakdown of equipment, power outages, destruction by hazard of fire, wind, or by other cause, the permittee of the facility shall immediately cease injection and shall notify the Commissioner. Notification shall be made in person, by telephone, or by telegraph to the nearest office of the Department within 24 hours of breakdown or malfunction.

A written report shall be required by the Commissioner within 72 hours of the notification referenced in part 1. of this subparagraph. The report shall describe the nature and cause of the breakdown or malfunction, the steps being taken or planned to be taken to correct the problem and prevent its reoccurrence, emergency procedures in use pending correction of the problem, and the time when the facility will again be operating in accordance with permit conditions.
Under emergency conditions in which the permittee is unable to use the permitted well, the permittee may use an alternate discharge only with prior approval of the Commissioner. The applicant shall address the alternate disposal method in the permit application and the operating manual.
In the event a well must be developed the applicant shall address disposal of backwashed fluids. The disposal method shall be approved by the Commissioner.

(e) Operational Monitoring Requirements 1. In determining the type, number, depth, and location of monitoring wells to be used and the parameters to be measured, the following criteria shall, as a minimum, be considered:

(i) The local geology and hydrology;

(ii) The extent of the area of review;

(iii) The proximity of the injection operation to points of withdrawal of drinking water;

(iv) The operating pressures and attendant hydraulic gradients;

(v) The physical and chemical character of the injected fluid; and (vi) The number, type, location, and depth of water wells in the area of review.

The Commissioner shall be allowed access at reasonable times to the permittee’s property and records for the purpose of inspections and the collection of samples for analyses from the wastewater streams associated with the permitted wells.
The physical and chemical quality of the native fluid in the injection zone and in the zone(s) to be monitored shall be established prior to injection.
The injected fluid shall be analyzed with sufficient frequency to yield representative data on its characteristics.
Continuous indicating and recording devices shall be used to monitor fluid level or closed-in surface pressure in monitor wells other than the injection wells.
The mechanical integrity of the injection well system shall be examined and evaluated at least once every three years in accordance with the standards contained in this rule.

(f) Class I injection wells shall be monitored as follows:

Continuous indicating and recording devices shall be installed and used to monitor the following:

(i) Injection rate and daily volume of injected fluids;

(ii) Injection pressure; and (iii) Pressure maintained on the annulus between the injection tubing and the long string of casing.

Determination shall be made at least twice monthly of the injectivity index of each well used for injection. The method of determination shall be subject to the approval by the Commissioner.

(g) Sampling frequency and procedure for monitoring wells other than the injection well shall include, but not be limited to:

The fluids in the zone to be monitored shall be sampled and analyzed with sufficient frequency to yield representative data on its characteristics. The frequency shall be at least monthly.
Constituents to be monitored shall be those determined appropriate based on the nature of the waste being injected.
Samples must be collected by a method insuring that the sample is representative of the fluid in the zone to be monitored. The method shall be subject to approval by the Commissioner.

(h) Operation Reports 1. The applicant must submit, for Commissioner approval, his proposed methodology for collection and reporting of operational data, to insure that data is collected, correlated, and reported in a fashion that would enable the agency to evaluate well performance.

Reporting requirements shall, at a minimum, include:

(i) Quarterly reporting to the Commissioner;

(ii) Monthly average, maximum and minimum values for injection pressure, flow rate, volume, and annular pressure; and (iii) Results of mechanical integrity and any other periodic test required by the Commissioner shall be reported with the first regular quarterly report after the completion of the test.

The results of analyses of representative samples of the injected fluid and water from the monitoring wells shall be submitted on a quarterly basis to the Commissioner. Parameters for such analyses shall be established on an individual basis.

(i) Ambient Monitoring 1. Based on a site-specific assessment of the potential for fluid movement from the well or injection zone and on the potential value of monitoring wells to detect such movement, the Commissioner shall require the owner or operator to develop a monitoring program. At a minimum, the Commissioner shall require:

(i) Monitoring of the pressure buildup in the injection zone annually, including a shut down of the well for a time sufficient to conduct a valid observation of the pressure fall-off curve; and (ii) Periodic monitoring of the ground water quality in the first aquifer overlying the injection zone.

When prescribing a monitoring system the Commissioner may also require:

(i) Continuous monitoring for pressure changes in the first aquifer overlying the confining zone. When such a well is installed, the owner or operator shall, on a quarterly basis, sample the aquifer and analyze for constituents specified by the Commissioner;

(ii) The use of indirect, geophysical techniques to determine the position of the waste front, the water quality in a formation designated by the Commissioner, or to provide other site specific data;

(iii) Periodic monitoring of the ground water quality in the lowermost USDW; and (iv) Any additional monitoring necessary to determine whether fluids are moving into or between USDWs.

(5) Plugging and Abandonment Permits (a) Upon the occurrence of any of the conditions stated in subparagraph (6)(a) of Rule

Tenn. Comp. R. & Regs. 0400-45-06-.11 CLASS II WELLS

A permit must be obtained from the Commissioner prior to the operation of any Class II injection well except for existing Class II enhanced recovery wells and hydrocarbon storage wells. This requirement is in addition to and separate from any approval or regulatory procedure required by the Tennessee Oil and Gas Board, Department of Environment and Conservation.

(1) Permit Applications (a) For Class II wells, the Commissioner shall require an applicant to furnish a demonstration of commercial producibility which shall be made as follows:

For a Class II well to be used for enhanced oil recovery processes in a field or project containing aquifers from which hydrocarbons were previously produced, commercial producibility shall be presumed by the Commissioner upon evidence that production has occurred in the project area or field.
For Class II wells not located in a field or project from which hydrocarbons were previously produced, information such as logs, core data, formation description, formation depth, formation thickness, and formation parameters such as permeability and porosity shall be considered by the Commissioner to the extent such information is available.

(b) Permit applications for Class II wells shall be submitted by the applicant using the appropriate permit application form promulgated by the Department and shall contain any attachments necessary to provide:

Facility name and location;
Name and address of legal contacts (agents of process);
Ownership of facility, including address;
A map and a tabulation of data as required by part (3)(b)1. of Rule 0400-45-06- .10;
A description of the proposed injection system including type and construction of injection wells, nature of injected fluid and any proposed pretreatment;
A statement of estimated daily volume of fluid to be injected and maximum injection pressure;
Appropriate logs of the well with the proposed injection zone marked, in the case of a well already drilled, or; in the case of undrilled wells a statement of the proposed zone to be used for disposal and the approximate depth of said zone;
A schematic diagram of the proposed Class II well showing the casing and cementing program together with an explanation thereof; and 9. A statement by the applicant that the proposed Class II well(s) will be completed in such a manner to insure that the injected substances are injected into the proposed injection zone and that provisions have been made for adequate protection of formation(s) containing USDWs and any other zone of commercial value.
Proposed formation testing program to obtain the information required by subparagraph (5)(b) of this rule.
Proposed stimulation program.
Proposed injection procedure.
Proposed contingency plans, if any, to address well failures so as to prevent migration of contaminating fluids into a USDW.
Plans for meeting the monitoring requirements of paragraph (6) of this rule.

(c) Reserved (d) Additional requirements for Class II enhanced recovery wells Applications for Class II enhanced recovery wells must include a description of the reservoir to be enhanced and a state statement relative to the necessity for the use of wells to enhance production of oil or natural gas.

(e) Additional requirements for Class II hydrocarbon storage wells Applications for Class II hydrocarbon storage wells must include the following:

A map showing the known areal extent of the reservoir to be used for storage and the location of all wells or test holes known to extend into or through the proposed reservoir.
A series of maps and geologic cross-sections showing the known subsurface position and structure of the reservoir, the nature of the horizontal and vertical boundaries of the reservoir, and the thickness of the reservoir.
A tabulation of the type, construction, depth and current condition of each well or test hole located within the area covered by the reservoir map required in part 1. of this subparagraph.
A description of the procedures to be used to plug or work over existing wells or test holes to prevent migration of injected substances into any aquifer other than the proposed storage reservoir.
A description of the method, procedures and devices for testing the integrity of the proposed reservoir to contain the injected substances within the bounds of the reservoir.

(f) The Commissioner may issue a permit on an area basis rather than for each Class II well individually provided that the injection wells are:

Described and identified by location in permit application(s) if they are existing wells, except that the Commissioner may accept a single description of wells with substantially the same characteristics;
Within the same well field, facility site, reservoir, project, or similar unit in the same state;
Operated by a single owner or operator; and 4. Used to inject other than hazardous waste.

(g) Area permits shall specify:

The area within which underground injections are authorized; and 2. The requirements for construction, monitoring, reporting, operation, and abandonment, for all wells authorized by the permit.

(h) The area permit may authorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided:

The permittee notifies the Commissioner at such time as the permit requires;
The additional well satisfies the criteria in subparagraph (f) of this paragraph and meets the requirements specified in the permit under subparagraph (g) of this paragraph; and 3. The cumulative effects of drilling and operation of additional injection wells are considered by the Commissioner during evaluation of the area permit application and are acceptable to the Commissioner.

(i) If the Commissioner determines that any well constructed under an area permit does not satisfy any of the requirements of this paragraph, the Commissioner may modify the permit, terminate, or take enforcement action. If the Commissioner determines that cumulative effects of additional wells are unacceptable, the permit may be modified or revoked.

(2) Construction of Class II Wells (a) All Class II wells shall be cased and cemented to prevent the movement of fluids into or between USDWs and to maintain the quality of aquifers above the injection zone that may be used for monitoring or other purposes.

(b) All Class II wells shall be designed and constructed in such a fashion that they inject into a formation which is beneath the lower-most formation(s) containing USDWs.

Class II wells shall be sited in such a fashion that they inject into a formation which is separated from any formation(s) containing USDWs by a confining zone that is free of known open faults or fractures within the area of review.

(c) In the design specifications for Class II wells, the applicant shall address the problem of corrosion, proposed protective measure(s), and if appropriate, proposed methods of monitoring the extent of corrosion subject to Commissioner approval. The applicant shall consider thickness and type of cement, number and thickness of casings, casing material, casing coatings, native fluid quality, injection fluid quality and life expectancy of the well.

(d) Class II wells shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service.

The use of other alternatives may be allowed with the written approval of the Commissioner and if the Commissioner receives authority from U.S. EPA for an underground injection control program, the EPA Administrator or his designee.

To obtain approval, the applicant shall submit a written request to the Commissioner, which shall set forth the proposed alternative and all technical data supporting its use. The Commissioner will approve the request if the alternative method is deemed capable of providing a comparable level of protection to USDWs.

In determining and specifying requirements for tubing, packer, or alternatives, the following factors shall be considered:

(i) Depth of setting;

(ii) Characteristics of injection fluid (chemical content and corrosiveness);

(iii) Injection rate and pressure;

(iv) Annular pressure;

(v) Temperature, volume, viscosity, and density of injected fluid; and (vi) Type and size of casing.

(e) Commissioner approval is required prior to any remedial procedures that alter the basic design specifications, materials, or character of the well.

(3) Casings (a) The casings used in the construction of each newly drilled Class II well shall be designed for the life expectancy of the well.

(b) The number, thickness, type of materials, and length of casing shall be sufficient to protect the quality of drinking water resources and the integrity of the well and the confining strata.

(c) Exact setting depths for all casings shall be determined in the field, based on all available information, and subject to the Commissioner’s approval.

(4) Cementing (a) The cementitious material used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

Depth to the injection zone;
Depth to the bottom of all formation(s) containing USDWs;
Injection pressure and external loading;
Hole size;
Size and grade of all casing strings (wall thickness, diameter, nominal weight, length, joint specification and construction material);
Corrosiveness of injected fluid, formation fluids, and temperatures;
Lithology of injection and confining zones; and 8. Type or grade of cementitious material.

(b) In addition, the Commissioner may consider the following factors:

Nature of formation fluids, and 2. External pressures, internal pressure and axial loading.

(d) Use of the cementitious materials used for mixing shall be determined by the applicant, provided the integrity, containment, corrosion protection, and structural strength of the cement are not significantly affected. Accurate records shall be kept and recorded of all additives used.

(e) Prior to cementing, the hole shall be conditioned in such a way as to optimize bonding of the cement to the casing and formation, and to prevent channeling.

(f) Placement of cementitious material shall be in such a manner that the purposed and characteristics of the cement are retained, and shall be subject to Commissioner approval.

(g) The applicant shall submit his cement testing program with the permit application for Commissioner approval. The purpose of the cement testing program is to insure that the cement seal is adequate to prevent migration of fluids in channels, microannular space, or voids in the cement. The following methods of testing, as a minimum, shall be considered:

Pressure testing of casing - to not less than 1.5 times the expected injection pressure;
Temperature log; and 3. Cement bond log.

(5) Testing for Class II Wells (a) Appropriate logs and other tests shall be conducted during the drilling and construction of new Class II wells. A descriptive report interpreting the results of that portion of those logs and tests which specifically relate to (1) a USDW and the confining zone adjacent to it, and (2) the injection zone and adjacent formations shall be prepared by a knowledgeable log analyst and submitted to the Commissioner. At a minimum, these logs and tests shall include:

Deviation checks on all holes constructed by first drilling a pilot hole and then enlarging the pilot hole, by reaming or another method. Such checks shall be at sufficiently frequent intervals to assure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling.
Such other logs and tests as may be needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise from time to time as the construction of the well progresses. In determining which logs and tests shall be required, the following shall be considered by the Commissioner in setting logging and testing requirements:

(i) For surface casing intended to protect USDWs in areas where the lithology has not been determined:

(I) Electric and caliper logs before casing is installed; and (II) A cement bond, temperature, or density log after the casing is set and cemented.

(ii) For intermediate and long strings of casing intended to facilitate injection:

(I) Electric, porosity and gamma ray logs before the casing is installed;

(II) Fracture finder logs; and (III) A cement bond, temperature, or density log after the casing is set and cemented.

(b) At a minimum, the following information concerning the injection formation shall be determined or calculated for new Class II wells or projects:

Fluid pressure;
Estimated fracture pressure; and 3. Physical and chemical characteristics of the injection zone.

(c) Prior to commencement of injection, wells shall be tested to assure the initial integrity of the casing, tubing and packer, if used, including pressure testing of the casing-tubing annulus.

(d) At least once every five years thereafter, injection wells shall be tested to assure their continued mechanical integrity. The results of these tests shall be reported to the Commissioner. Tests demonstrating continued mechanical integrity shall include the following:

Measurement of annular pressures in wells injecting at positive pressures under a packer or a balanced-fluid seal;
Pressure testing of the casing-tubing annulus for wells injecting under vacuum conditions; and 3. Such other tests which are demonstrably effective and which may be approved for use by the Commissioner.

(e) Notwithstanding the test procedures of subparagraph (d) of this paragraph, the Commissioner may require more comprehensive testing of the injection wells when deemed advisable, including the use of tracer surveys, noise logs, temperature logs, or other test procedures or devices.

(f) The Commissioner may order special tests to be conducted prior to the expiration of five years if conditions are believed to so warrant. Any such special test which demonstrates continued mechanical integrity of a well shall be considered the equivalent of an initial test for test scheduling purposes, and the regular five-year testing schedule shall be applicable thereafter.

(g) The injection well operator shall advise the Commissioner of the date and the time that initial, a five-year, or special tests are to commence in order that such tests may be witnessed.

(h) Injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure during injection does not initiate new fractures or propagate existing fractures in the confining zone adjacent to USDWs. In no case shall injection pressure cause the movement of injection or formation fluids into USDWs.

(i) Injection between the outermost casing protecting USDWs and the well bore is prohibited.

(6) Monitoring Requirements (a) Class II wells shall be so equipped that the flow rate, injection pressure and annular pressure can be determined at any time for each well.

(b) The permittee shall monitor the nature of injected fluids at time intervals sufficiently frequently to yield data representative of their characteristics.

(d) The results of all monitoring shall be maintained by the operator and made available to the Commissioner upon request.

(e) The Commissioner may grant administrative exception to the requirement set forth in subparagraph (c) of this paragraph.

(f) Hydrocarbon storage and enhanced recovery may be monitored on a field or project

basis rather than on an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold. Separate monitoring systems for each well are not required provided the owner/operator demonstrates that manifold monitoring is comparable to individual well monitoring.

(g) Monitoring requirements shall, at a minimum, include:

Monitoring of the nature of injected fluids at time intervals sufficiently frequent to yield data representative of their characteristics;
Observation of injection pressure, flow rate, and cumulative volume at least with the following frequencies:

(i) Weekly for produced fluid disposal operations;

(ii) Monthly for enhanced recovery operations;

(iii) Daily during the injection of liquid hydrocarbons and injection for withdrawal of stored hydrocarbons;

(iv) Daily during the injection phase of cyclic steam operations; and (v) Recording of one observation of injection pressure, flow rate and cumulative volume at reasonable intervals no greater than 30 days.

Maintenance of the results of all monitoring until the next permit review.

(7) Commencement, Discontinuance, and Abandonment of Injection Operations The following provisions shall apply to all Class II wells.

(a) Notice of Commencement and Discontinuance 1. Immediately upon the commencement of injection operations in any well, the operator shall notify the Division of the date such operations began.

Within 30 days after permanent cessation of hydrocarbon storage operations or within 30 days after discontinuance of injection operations into any other well, the operator shall notify the Commissioner of the date of such discontinuance and the reasons therefore. No injection well may be temporarily abandoned for a period exceeding six months unless the owner/operator demonstrates to the satisfaction of the Commissioner that there is a continuing need for such a well, that the well exhibits mechanical integrity, and that continued temporary abandonment will not endanger USDWs. Written permission is required.

(b) Abandonment of Injection Operations 1. Whenever there is a continuous two-year period of non-injection into any Class II well, such project or well must be plugged and abandoned, and the authority for injection shall automatically terminate, unless the owner/operator demonstrates to the satisfaction of the Commissioner that there is a continuing need for such a well, that the well exhibits mechanical integrity, and that continued temporary abandonment will not endanger USDWs. Written permission is required.

Before any injection well is plugged, the operator shall obtain approval for the well’s plugging program from the Commissioner.
For good cause shown, the Commissioner may grant an administrative extension or extensions of injection authority as an exception to part 1. of this subparagraph.

(c) Prior to granting approval for the plugging and abandonment of a Class II well the Commissioner shall consider the following information:

The type, and number of plugs to be used;
The placement of each plug including elevaton top and bottom;
The type, grade, and quantity of cement to be used; and 4. The method of placement of the plugs.
The procedure used to meet the requirements of Rule 0400-45-06-.04.

(8) Reporting Requirements (a) Annual reporting to the Commissioner summarizing the results of monitoring required under paragraph (6) of this rule is required. Such summary shall include monthly records of injected fluid, and any major changes in characteristics or sources of injected fluid.

(b) Owners or operators of hydrocarbon storage and enhanced recovery projects may report on a field or project basis rather than an individual field basis where manifold monitoring is used.

(c) The Commissioner may require a demonstration of mechanical integrity prior to approving transfer of authority to inject. Prior to approval to inject, the permittee must supply to the Commissioner the following:

The anticipated maximum pressure and flow rate at which the well will operate;
The results of the formation testing program;
The actual injection procedure; and 4. For new wells, the status of corrective action on defective wells in the area of review.

(9) Removal of Produced Water from Leases and Field Facilities (a) Produced water shall not be stored or disposed of in any unlined pit, pond, lake or depression or in any other place in a manner that will constitute a hazard to USDWs.

(b) Transportation of any produced water by motor vehicle from any lease, central tank battery, or other facility, without approval of the Commissioner is prohibited.

(d) No owner or operator shall permit produced water to be removed from its leases or field facilities by motor vehicle except by a person possessing Commissioner approval.

(10) Disposition of Transported Produced Water (a) No person transporting produced water may dispose of such water on the surface of the ground, or in any pit, pond, lake, depression, draw, or in any watercourse, or in any other place or in any manner which will constitute a hazard to any USDW.

(b) Delivery of produced water to approved wastewater disposal facilities, enhanced recovery injection facilities, or to a drill site for use in drilling fluid will not be construed as constituting a hazard to USDWs provided the produced waters are placed in tanks or other impermeable storage at such facilities.

(c) The Commissioner may grant temporary exceptions for emergency situations, for use of produced water in road construction or maintenance or for use of produced waters for other construction purposes upon request and a proper showing by a holder of a Commissioner approval to move produced water.

(11) Existing Class II Enhanced Recovery Wells and hydrocarbon Storage Wells Class II wells in current operation upon the effective date of this rule shall file an application within 6 months of the effective date of this rule. No application fee will be required. Failure to file an application by the required date shall make the wells in violation of this Chapter and subject to the new application fee or closure.

(a) An existing Class II enhanced recovery or hydrocarbon storage injection well is authorized by rule, if the owner or operator injects into the existing well within one year after the date which the State of Tennessee’s UIC program is authorized under the Federal Safe Drinking Water Act and becomes effective. An owner or operator of a well which is authorized by rule pursuant to this paragraph shall re-work, operate, maintain, plug, abandon or inject into the well in compliance with applicable regulations.

(b) Duration of well authorization by rule Well authorization under this paragraph expires upon the effective date of a permit issued after plugging and abandonment in accordance with an approved plugging and abandonment plan pursuant to these rules and upon submission of a plugging and abandonment report.

(c) Prohibitions on injection An owner or operator of a well authorized by rule pursuant to this paragraph is prohibited from injecting into the well:

Upon the effective date of an applicable permit denial;
Upon failure to submit a permit application in a timely manner;
Upon failure to submit inventory information in a timely manner;
Upon failure to comply with a request for information in a timely manner;
Upon failure to provide alternative financial assurance;
Forty-eight hours after receipt of the determination by the Commissioner that the well lacks mechanical integrity, unless the Commissioner requires immediate cessation; or 7. Upon receipt of notification from the Commissioner that the transferee has not demonstrated financial responsibility.

(d) Requirements The owner or operator of a well authorized under this paragraph shall comply with the applicable requirements of this rule. Such owner or operator shall comply with the casing and cementing requirements no later than 1 year and other requirements no later than 1 year after authorization.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.13 CLASS IV WELLS

(1) The construction or operation of a well used for the disposal of any hazardous waste or radioactive waste into or above a USDW is prohibited.

(2) The operator or the owner of an existing Class IV well must, within six (6) months after the effective date of this rule, submit a Plugging and Abandonment Plan for the Commissioner’s approval. The owner or operator of an existing Class IV well shall complete plugging and abandonment in accordance with the approved Plugging and Abandonment Plan not later than six (6) months after the Commissioner’s approval of the plan.

(3) Wells used to inject contaminated ground water that has been treated and is being re-injected into the same formation from which it was drawn are not prohibited by this rule if such injection is approved by EPA or the Commissioner, pursuant to provisions for cleanup of releases under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), 42 U.S.C. 9601-9657, or pursuant to requirements and provisions under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6987.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.14 CLASS V WELLS

This rule sets forth criteria and standards to regulate all injection systems not regulated as Class I through IV.

(1) The following are prohibited:

(a) The use of any well to dispose of water carrying human waste, household or business waste, raw sewage or the effluent from any septic tank or other sewer system of any kind, unless such well is a subsurface fluid distribution system (SFDS) which is part of a Subsurface Sewage Disposal System (SSDS) permitted under the provisions of T.C.A. §§ 68-221-401 et seq. or a drip disposal system permitted pursuant to T.C.A. §§ 69-3-108 et seq.

(b) The use of any Class V injection well in such a manner as to cause any USDW to contain any substances, that are toxic, carcinogenic, mutagenic, or teratogenic, other than those of natural origin, at levels and conditions which violate primary drinking water standards as given in Chapter 0400-45-01 or adversely affect the health of persons.

(c) Large capacity cesspools; and (d) Cesspools, other than large capacity cesspools, not authorized under T.C.A. §§ 68- 221-401 et seq.

(e) Motor Vehicle Waste Disposal Wells (MVWDWs) are prohibited and must be properly closed and abandoned.

(2) Construction and operation of a Class V well is authorized by virtue of this rule provided:

(a) The use of any Class V injection well does not present a hazard to any existing or future use of a USDW, (b) The owner or operator shall within six (6) months after the promulgation of this rule supply a list of all wells owned or operated along with the following information for each well to include the following:

Facility name and location, including a plot plan showing location of well(s);
Name and address of legal contact;
Ownership of facility;
Nature and type of injection wells, including installed dimensions of wells and construction materials;
Operating status of injection wells, including history of injection;
Volume of injected fluid;
Nature of injected fluid to include physical, chemical, biological or radiological characteristics; and 8. Description of injection well, including monitoring well(s); and 9. Other information as required by the Commissioner.

(c) The plans for the construction of any new, or modification of any existing Class V injection well which have been approved by the Commissioner.

(d) Injectate fluid from commercial or industrial processes shall not be co-mingled with any sanitary waste or septic system effluent in any subsurface fluid distribution system, unless it can be demonstrated to the Commissioner’s satisfaction that a beneficial reaction will occur between the waste streams which will enhance the degradation of either or both waste streams.

(e) The injection well will not adversely impact a wellhead protection area designated by

Rule 1200-05-01-.34 promulgated under T.C.A. §§ 68-13-701 et seq., the Tennessee Safe Drinking Water Act. Motor vehicle waste disposal wells are prohibited in wellhead protection areas. All other motor vehicle waste disposal wells must meet the effluent standards set forth in paragraph (1) of Rule 0400-45-06-.05 at the point of injection.

(f) Prohibition of injection An owner or operator of a well which is authorized by rule pursuant to this paragraph is prohibited from injecting into the well:

Upon the effective date of an applicable permit denial;
Upon failure to submit a permit application in a timely manner;
Upon failure to submit inventory information in a timely manner; or 4. Upon failure to comply with a request for information in a timely manner.

(3) The owner of a Class V well shall be responsible for notifying the Commissioner of change in ownership.

(4) No authorization by permit or rule shall be allowed where a Class V well causes or allows a violation of the provisions of paragraph (1) of this rule or pollution of any ground or surface water.

(5) If at any time the Commissioner learns that an existing Class V system may cause a violation of these regulations, the Commissioner shall:

(a) Require the injector to apply for an individual permit;

(b) Order the injector to take such actions including, where required, closure of the injection well as may be necessary to prevent the violation; or (c) Take enforcement action.

(6) Notwithstanding any other provision of this rule, the Commissioner may take emergency action upon receipt of information that a contaminant from a Class V injection system is likely to enter a public water system and present an imminent and substantial endangerment to the health of persons.

(7) Construction Standards for Class V Wells (a) The variety of Class V well and their uses dictate a variety of construction designs consistent with those uses, and precludes specific construction standards. However, a well must be designed and constructed for its intended use, in accordance with good engineering practices, and the design and construction must be approved by the Commissioner.

(b) Class V wells shall be constructed so that their intended use does not violate the water quality standards.

(8) Operating Requirements for Class V Wells (a) All Class V injection wells shall be operated in such a manner that they do not violate the provisions of paragraph (1) of this rule.

(b) Use of a pretreatment system may be necessary to insure that the water discharged meets the applicable water quality standards.

(d) Upon completion of the well, the owner or operator must certify to the Commissioner that the well has been completed in accordance with the approved construction plan, and must submit any other additional information required.

(e) After the effective date of this rule, the operator, if not the property owner, for all Class V injection wells shall have access to the “point of injection” for the Class V wells. This is to be maintained by easement or deed restrictions on all injection points.

(9) Monitoring Requirements for Class V Injection Systems (a) The Commissioner may require monitoring of Class V injection wells; the nature of which will be determined by the type of well, nature of the injected fluid, and water quality of the receiving aquifer.

(b) The Commissioner shall determine the extent and frequency of monitoring based on the type of injection well and the nature of the injected fluid.

(10) Reporting Requirements for Class V Wells will be determined by the type of injection well and nature of injected fluid.

(a) All municipalities and other governmental entities with storm water injection wells under their control either by ownership or easement shall submit an annual report describing the location and status of each injection well and any other information the Commissioner determines to be necessary. Such reports shall include a locational map.

(11) Plugging and Abandonment Standard (a) The Commissioner will order that a Class V injection well be plugged and abandoned when the use of the system is determined to be a hazard to the ground water resource.

(b) Prior to abandoning a Class V injection well, the well shall be plugged with cement in a manner which will not allow movement of fluids between USDWs. The proposed plugging method and type of cement shall be approved by the Commissioner.

Placement of the cement plug shall be accomplished by any recognized method which is acceptable to the Commissioner.

(c) The owner or operator shall notify the Commissioner of his intention to abandon the system when a Class V injection well is no longer used or is usable for its intended

purpose.

(d) The owner of any Class V injection well shall apply for a Plugging and Abandonment Permit when the well is no longer used or usable for its intended purpose or any other

purpose approved by the Commissioner. The application shall include justification for abandonment, the approved plugging and abandonment plan and any proposed modification to the original plugging plan as approved by the Commissioner.

(e) Closure does not mean that the owner or operator will need to cease operations at the facility, only that the owner or operator will need to close the well. A number of alternatives are available for the disposal of waste fluids. Examples of alternatives that may be available to motor vehicle stations include: recycling and reusing wastewater as much as possible; collecting and recycling petroleum-based fluids, coolants, and battery acids drained from vehicles; washing parts in a self-contained, recirculating solvent sink, with spent solvents being recovered and replaced by the supplier; using absorbents to clean up minor leaks and spills, and placing the used materials in approved waste containers and disposing of them properly; using a wet vacuum or mop to pick up accumulated rain or snow melt, and, if allowed, connecting floor drains to a municipal sewer system or holding tank, and, if allowed, disposing of the holding tank contents through a publicly owned treatment works (“POTW”). The owner/operator should check with the POTW to see if the POTW would accept the wastes. Alternatives that may be available to owners and operators of a large-capacity cesspool include: conversion to a septic system; connection to sewer; and installation of an on-site treatment unit.

(12) Prohibition of Fluid Movement.

(a) Injection activity prohibitions 1. No injection activity can allow the movement of fluid containing any contaminant into USDWs, if the presence of that contaminant may cause a violation of any primary drinking water standard, or other health based standards, or may otherwise adversely affect the health of persons. This prohibition applies to well construction, operation, maintenance, conversion, plugging, closure or any other injection activity.

If the Commissioner learns that an injection activity may endanger USDWs, the Commissioner may require the closure of the well a permit or permit modification, or other appropriate action.

(b) Closure requirements The owner/operator must close the well in a manner that complies with the prohibition of fluid movement in subparagraph (a) of this paragraph. Also, the owner/operator must dispose or otherwise manage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well in accordance with all applicable Federal, State and local regulations and requirements.

(13) Authorization by Rule Requirements All Class V UIC well authorizations by rule shall comply with this rule and all conditions established by the Commissioner as necessary to fulfill the purposes of the Tennessee Water Quality Control Act, T.C.A. §§ 69-3-101 et seq., contain a description of the injection zone being authorized, and contain any necessary corrective action as stated under paragraph (5) of Rule 0400-45-06-.09. The authorization conditions shall be set at levels to prevent adverse effects to persons utilizing the ground water resource after consideration of at least the following factors: any guidelines set for certain pollutants by U.S. EPA; the flow characteristics of ground water risk to humans; and the risk of migration. The following conditions, subparagraphs (a) through (n) of this paragraph, apply to all Class V UIC authorizations. All conditions applicable to all authorizations shall be incorporated into the authorizations either expressly or by reference. If incorporated by reference, a specific citation to these regulations must be given in the authorizations.

(a) An applicant must comply with all conditions of this authorization and all applicable laws and regulations. Any authorization noncompliance constitutes a violation of the Tennessee Water Quality Control Act and is grounds for enforcement action; for authorization termination, revocation and reissuance, or modification; or for denial of an authorization renewal application.

(b) If the applicant wishes to continue an activity regulated by this authorization after the expiration date of this authorization, the applicant must apply for and obtain a new authorization prior to expiration of this authorization.

(c) It shall not be a defense for an owner or operator in an enforcement action that it would have been necessary to halt or reduce the authorized activity in order to maintain compliance with the conditions of this rule.

(d) The owner or operator shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this rule.

(e) The owner or operator shall at all times properly operate and maintain all facilities and systems of related appurtenances which are installed or used by the applicant to achieve compliance with the conditions of this rule and authorization. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this rule.

(f) The authorization may be modified, revoked and reissued, or terminated for cause. The filing of a request by the owner or operator for a modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any authorization condition.

(g) This rule and the authorizations issued under it do not convey any property rights of any sort, or any exclusive privilege.

(h) The owner or operator shall furnish to the Commissioner, within a time specified, any information which the Commissioner may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the authorization, or to determine compliance with this rule. The applicant shall also furnish to the Commissioner, upon request, copies of records required to be kept by this rule or the authorization.

(i) The owner or operator shall allow the Commissioner, or an authorized representative of the Commissioner, upon the presentation of credentials to:

Enter upon the owner or operator’s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this rule or the authorization;
Have access to and copy, at reasonable times, any records that must be kept under the conditions of this rule or the authorization;
Inspect at reasonable times any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required under this rule or the authorization; and 4. Sample or monitor at reasonable times, for the purposes or assuring compliance or as otherwise authorized by the Tennessee Water Quality Control Act or these rules, any substances or parameters at any location.

(j) Monitoring and records 1. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. The owner or operator shall monitor injection fluids, injection operations, and local ground water supplies, in accordance with the requirements for the applicable class of well stated in this

rule.

The owner or operator shall retain records of all monitoring information, including the following:

(i) Calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this authorization, and records of all data used to complete the application for the authorization under this rule, for a period of at least 3 years from the date of the sample, measurement, report, or application. This period may be extended by request of the Commissioner at any time; and (ii) The nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures. The Commissioner may require the owner or operator to deliver the records to the Commissioner at the conclusion of the retention period.

Records of monitoring information shall include:

(i) The date, exact place, and time of sampling or measurements;

(ii) The individual(s) who performed the sampling or measurements;

(iii) The date(s) analyses were performed;

(iv) The individual(s) who performed the analyses;

(v) The analytical techniques or methods used; and (vi) The results of such analyses.

(k) All applications, reports, or information submitted to the Commissioner shall be signed and certified.

(l) Reporting requirements 1. Planned changes The owner or operator shall give notice to the Commissioner as soon as possible of any planned physical alterations or additions to the permitted facility.

Anticipated noncompliance The owner or operator shall give advance notice to the Commissioner of any planned changes in the permitted facility or activity which may result in noncompliance with authorization requirements.
Transfers See paragraphs (6), (7), (8) and (9) of Rule 0400-45-06-.08.
Monitoring reports Monitoring results shall be reported at the intervals specified elsewhere in this

rule or the authorization.

Compliance schedules Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 30 days following each schedule date.
Twenty-four hour reporting The owner or operator shall report any noncompliance which may endanger health or the environment, including:

(i) Any monitoring or other information which indicates that any contaminant may cause an endangerment to USDWs; or (ii) Any noncompliance with a permit condition or malfunction of the injection system which may cause fluid migration into or between USDWs.

Any such information shall be provided orally within 24 hours from the time the owner or operator becomes aware of the circumstances. A written submission shall also be provided within 72 hours of the time the owner or operator becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.

Other noncompliance The owner or operator shall report all instances of noncompliance not reported under parts 1., 4., 5., and 6. of this subparagraph, at the time monitoring reports are submitted. The reports shall contain the information listed in part 6. of this subparagraph.
Other information. Where the owner or operator becomes aware that the owner or operator has failed to submit any relevant acts in a permit application, or submitted incorrect information in a permit application or in any report to the Commissioner, the owner or operator shall promptly submit such facts or information.

(m) Requirements prior to commencing injection Except for all new wells authorized by an area permit under Rules 0400-45-06-.11 and

Tenn. Comp. R. & Regs. 0400-45-06-.15 FEES FOR CLASS I INJECTION WELLS

(1) Permit Application Fees Applications for permits to construct, operate or abandon a Class I injection well shall be accompanied by the following fees:

(a) Construction Permit (New wells) $2,500 (b) Operating Permit (Initial) $2,500 (c) Abandonment Permit $2,500 (d) Operating Permit (Renewal) $2,500 (2) Operational Fees Owners or operators of Class I injection wells shall pay the following fees to the Department.

(a) Waste fluid injection fee $0.50 per 1,000 gallons (b) Annual permit maintenance fee $7,500 per well (c) Permit modification and reissuance fee $7,500 per well (d) Waste fluid injection fees must be paid after the effective date of the regulations regardless of the status of the permit.

(3) All fees are due and payable as follows:

(a) Application fees must be received with applications.

(b) Operational fees 1. Fees for waste injection must be paid quarterly and are due at the time of submission of the quarterly monitoring reports as specified in the operating permit.

Annual permit maintenance fees are due on the date these rules become effective or on the date the permittee commences injection, whichever is later, and on each successive anniversary unless the permit expires or is revoked.
Permit modification and reissuance fees are due at the time of submission of the request by the permittee or thirty (30) days after notice of the need for modification has been sent to the permittee by the Commissioner.

(4) If any part of any fee imposed under this paragraph is not paid within fifteen days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.

(5) The owner or operator of a Class I well who is required to pay fees set forth under this paragraph and who disagrees with the calculation or applicability of the fee may petition the Water Quality Control Board for a hearing. In order to perfect the hearing, a petition for a hearing together with the total amount of fee due must be received by the Department not later than fifteen (15) days after the due date. If it is finally determined that the amount in dispute was improperly assessed, the Commissioner shall return the amount determined to be improperly assessed with interest.

(6) The Commissioner shall review permit applications for a Class I well to determine if the application contains all of the information required by the Commissioner.

(a) If the application is deficient the Commissioner will specify the deficiency(ies) in writing and inform the applicant by certified mail within ninety (90) days after the effective date of this rule or the date of receipt of the application whichever is later.

(b) If the application is complete the Commissioner will notify the applicant by certified mail and initiate the permit evaluation process within ninety (90) days after the effective date of this rule or the date of receipt of the application whichever is later.

(c) If the application review is not completed within 90 days in accordance with subparagraphs (a) and (b) of this paragraph, the application fee shall be returned.

(7) After notification that an application is complete, the Commissioner shall complete its evaluation of an application for a Class I well as follows:

(a) Construction permit 180 days (b) Operating permit 1. Existing well 180 days 2. New well 90 days (c) Renewal permit 90 days (d) Abandonment permits 90 days (8) Upon completion of the review, the Commissioner will either deny the application or issue a draft permit for processing in accordance with paragraph (7) of this rule. To achieve a final permit decision, an additional ninety (90) days will be required.

(9) The time periods provided in paragraphs (6), (7), and (8) of this rule shall be stayed if:

(a) A legal action concerning the permit is pending before any board, court or independent agency.

(b) The applicant requests that review be suspended.

(c) The Commissioner issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Commissioner.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.16 FEES FOR CLASS II INJECTION WELLS

(1) Permit Application Fees Applications for permits to operate a Class II injection well shall be accompanied by the following fees:

Application review fee................................................................ $2,500 Permit renewal fee (every 5 years) ............................................ $1,000 (2) Operational Fees Owners or operators of Class II injection wells shall pay the following fees to the Department:

Annual maintenance fee................................................................ $500 Permit modification and reissuance fee......................................... $250 (3) Annual permit maintenance fees are due on the date these rules become effective or on the date the permittee commences injection, whichever is later, and on each successive anniversary unless the permit expires or is revoked.

(4) Permit modification and reissuance fees are due at the time of submission of the request by the permittee or thirty (30) days after notice of the need for modification has been sent to the permittee by the Commissioner.

(5) If any part of any fee imposed under this rule is not paid within fifteen days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto.

Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the unpaid balance shall accrue and be added thereto. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.

(6) The Commissioner shall review permit applications for a Class II well to determine if the application contains all of the information required by the Commissioner.

(a) If the application is deficient the Commissioner will specify the deficiency(ies) in writing and inform the applicant by certified mail within sixty (60) days after the date of receipt of the application.

(b) If the application is complete the Commissioner will notify the applicant by certified mail and initiate the permit evaluation process within sixty days (60) days after the date of receipt of the application.

A legal action concerning the permit is pending before any board, court or independent agency.
The applicant requests that review be suspended.
The Commissioner issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Commissioner.

(d) If the application review is not completed within 60 days in accordance with subparagraphs (a) and (b) of this paragraph, the application fee shall be returned.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.17 FEES FOR CLASS III INJECTION WELLS

(1) Permit Application Fees Applications for permits to operate a Class III injection well shall be accompanied by the following fees:

Application review fee ...................................................... $2,500 Permit renewal fee (every 5 years) ..................................... $1,500 (2) Operational Fees Owners or operators of Class III injection wells shall pay the following fees to the Department:

Annual maintenance fee ................................................... $1,000 Permit modification and reissuance fee .................................. $250 (3) Annual permit maintenance fees are due on the date these rules become effective or on the date the permittee commences injection, whichever is later, and on each successive anniversary unless the permit expires or is revoked.

(5) If any part of any fee imposed under this rule is not paid within fifteen days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added thereto.

(6) The Commissioner shall review permit applications for a Class III well to determine if the application contains all of the information required by the Commissioner.

(a) If the application is deficient the Commissioner will specify the deficiency(ies) in writing and inform the applicant by certified mail within ninety (90) days after the date of receipt of the application.

(b) If the application is complete the Commissioner will notify the applicant by certified mail and initiate the permit evaluation process within ninety days (90) days after the date of receipt of the application.

A legal action concerning the permit is pending before any board, court or independent agency.
The applicant requests that review be suspended.
The Commissioner issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Commissioner.

(d) If the application review is not completed within 60 days in accordance with subparagraphs (a) and (b) of this paragraph, the application fee shall be returned.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06.

Tenn. Comp. R. & Regs. 0400-45-06-.18 FEES FOR CLASS V INJECTION WELLS

(1) Application Fees Provided the application fee has not been paid under Rule 0400-40-11-.02 or 0400-48-01- .21, applications for authorizations or permits for the following Class V injection wells shall be accompanied by the following one-time application review fees:

(a) Innovative technology wells $1,000 (per project)

(b) Storm water drainage wells Subdivision $500 (per project)

Commercial/industrial facilities $750 (per project)

(d) Commercial/industrial SFDS and infiltration cells $500 (per facility)

(e) Large capacity septic systems $250 (per facility)

Churches $100 (per facility)

(f) Remediation wells Oversight under this rule $1,000 (per project)

Oversight by the Commissioner not under this rule None (g) Change of ownership $75 (h) Modification of recharge point $350 (per project)

(2) Renewal Fee Provided the annual maintenance fee has not been paid under Rule 0400-40-11-.02, the following Class V wells shall submit the following fees with the renewal application:

(a) Storm water drainage wells Commercial/industrial facilities: $350 (per facility)

(b) Commercial/industrial geothermal wells Open loop $350 (per facility)

(d) Large capacity septic systems $250 (per facility)

Churches $50 (per facility)

(3) If the application is deficient the Commissioner will specify the deficiency(ies) in writing and inform the applicant within sixty (60) days after the date of receipt of the application.

(4) If the application is complete the Commissioner will notify the applicant and initiate the permit evaluation process within sixty (60) days after the date of receipt of the application.

(5) The time periods provided in paragraphs (3) and (4) of this rule shall be stayed if:

(a) A legal action concerning the permit is pending before any board, court or independent agency.

(b) The applicant requests that review be suspended.

(c) The Commissioner issues a written notice of deficiency and until the applicant addresses said deficiency to the satisfaction of the Commissioner.

(6) If the application review is not completed within sixty (60) days in accordance with paragraphs (3) and (4) of this rule, the application fee shall be returned.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06. Amendment filed February 4, 2014; effective May 5, 2014.

Tenn. Comp. R. & Regs. 0400-45-06-.19 BONDS REQUIRED FOR PERMITTED WELLS

(1) A surety bond or cash bond is required from the owner or operator of an injection well for Class I, II and III wells adequate to allow proper plugging and abandonment of the well(s) and may be required for Class V wells at the Commissioner’s discretion. Such bonds are penal in nature. Such surety bond or cash bond is required to be in force for a well from the time a permit has been granted until the well has been properly abandoned. Bonds shall be in favor of the Commissioner, conditioned that the well shall meet all the requirements of this Chapter and be plugged and abandoned in accordance with this Chapter. An individual well bond shall be released upon the proper plugging of the well and the filing of a plugging and abandonment report, driller’s log, downhole surveys, and other data as required.

(2) At any time other than after the issuance of a notice of noncompliance or forfeiture, the surety may notify the Commissioner in writing of its desire to terminate its liability under the bond by giving written notice to the Commissioner. The Commissioner shall thereupon require the principal in the bond to file a new bond, or to effect a change of owners on the well within sixty (60) days. If the principal can no longer be contacted, then any interested party may seek to change ownership on the well. If a new bond is filed by the principal, or a change in ownership is approved by the Commissioner, liability under the original bond shall cease and terminate as to acts and operations occurring after the effective date of the new bond or approval of change in ownership and the original bond shall be released upon written request from the surety. If a new bond is not filed within sixty (60) days, or a change in ownership has not been approved, the Commissioner shall revoke the permit secured by the bond and require the principal to plug and abandon the well in accordance with the Underground Injection Control rules. In the event of the failure of the principal to plug the well, the surety may either cause the well to be plugged, or forfeit the amount of the bond to the Commissioner. This action will be initiated by the issuance of a notice of noncompliance. The surety will then have thirty (30) days in which to plug the well. If the well has not been plugged within that time limit, then a notice of forfeiture will be issued. The surety will then have twenty-one (21) days within which to petition the Tennessee Water Quality Control Board for a hearing relative to the bond forfeiture, pursuant to the Administrative Procedures Act, T.C.A. §§ 4-5-101 et seq. If a hearing is requested, no further action will be taken against the bond until such hearing has taken place and a final order given by the Board. If the well has been plugged in the interim, then notice of forfeiture will be cancelled and the bond released.

(3) Any of the following shall serve as bonds:

(a) A surety bond executed by the well operator as principal and by a corporate surety authorized to do business in Tennessee; or (b) Cash; or (c) A certified check; or (d) A certificate of deposit, if made out exactly as follows: “Owner Name and Tennessee Department of Environment and Conservation or Tennessee Department of Environment and Conservation”; and does not contain any terms or conditions that provide that the issuing bank may charge against the deposit any debt of the depositor(s) owing to it (set-off terms); or any terms or conditions that provide anyone whose signature appears on the signature card to withdraw from funds the account.

The owner shall be entitled to any interest earned on a certificate of deposit as the same becomes due and payable. The treasurer of the State of Tennessee shall receive and hold originals of such certificates in the name of the State of Tennessee, in trust, for the purpose for which such deposit is made, and shall at all times be responsible for the custody and safekeeping of such deposits; provided, however, that the certificate may be returned to the issuing financial institution as may be necessary for renewal from time to time; or (4) Forfeiture (a) The Commissioner shall cause a notice of noncompliance to be served upon the owner/operator and surety if the requirements for proper plugging and abandonment of a well or wells have not been complied with within the time limits set forth by this rule.

Compliance for proper plugging and abandonment shall include the submission of all required records and data.

(b) The notice shall specify in what respects the owner has failed to comply with this rule or orders of the Water Quality Control Board.

(c) If the owner has not reached an agreement with the Commissioner, or has not complied with the requirements set forth within thirty (30) days after the mailing of the notice, the bond shall then be forfeited to the Commissioner, and the money used to properly plug the well(s). Such bonds are penal in nature, and the full amount of the bond shall be forfeited.

(5) Notice of Noncompliance (a) At any time the Commissioner causes a notice of noncompliance to be served upon the principal, the surety shall be afforded the opportunity to act in behalf of the principal within the time set forth in regard to proper plugging of the well or wells and submission of required well records, downhole data and plugging reports. Should the principal and surety fail to comply within the time provided, then and only in that event, the bond shall be forfeited and used to plug the well. When a bond is forfeited under this rule, the Commissioner shall give notice to the Attorney General, who shall institute proceedings to collect the forfeiture.

History

Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.
Administrative History: Original rule filed September 12, 2012; effective December 11, 2012. Rule renumbered from 1200-04-06. (Appendix A) APPENDIX A Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.

Chapter 0400-45-07 Rules and Regulations Applied to the "Safe Dams Act of 1973" (Transferred from 1200-05-07)

Tenn. Comp. R. & Regs. 0400-45-07-.01 GENERAL

(1) Passed on May 1, 1973, "The Safe Dams Act of 1973", T.C.A. §69-11-101 et seq., provides that on or after July 1, 1973, no person shall construct, enlarge, repair, alter, remove, maintain, or operate a non-federal dam in the State of Tennessee without first obtaining a certificate. The Act further requires every owner of a dam file with the Commissioner of Environment and Conservation an application for a certificate.

(2) Under the Act, certain provisions and conditions are established for the issuance and continuance of said certificates, and authority is granted the Commissioner for the adoption of general rules and regulations which he deems necessary to accomplish the purpose of the Act. To safeguard the public by reducing the risk of failure of such dams, the following rules and regulations are made to (1) effect the orderly inventory and inspection of existing dams in Tennessee; (2) provide for pre-construction review and approval of all future dam construction and alteration of dams; and (3) allow for a program of regular inspection of dams within the State.

History

Authority: T.C.A. §§ 69-11-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-07.

Tenn. Comp. R. & Regs. 0400-45-07-.02 DEFINITIONS

For the purpose of these rules and regulations, the term:

“Abutment” means the bordering area of the dam site which functions as a support for the ends of the dam structure.

“Act” means "The Safe Dams Act of 1973", T.C.A. § 69-11-101 et seq., as amended.

“Alterations” means any repair, change to the structure, removal or change in use of a dam that may affect the safety of that dam.

“Applicant” means any owner of an existing or new dam who applies to the Division for a "Certificate" under the provisions of the Act.

“Appurtenant Works” means such structures as spillways, either in the dam or separate therefrom; the reservoir and its rims; water level outlet works; access bridges; and water conduits such as tunnels, pipelines or penstocks, either through the dam or its abutments.

January, 2013 2 “Certificate” means a "Certificate" as required by the Act for the construction, alteration, or operation of a dam.

“Commence Construction” means the actual start of on-site building but does not include preliminary surveying work or engineering plans preparation.

“Commissioner” means the Commissioner of the Department of Environment and Conservation, his duly authorized representatives and in the event of his absence or a vacancy in the office of Commissioner, the Deputy Commissioner.

“Conduit” means any closed waterway including but not limited to, a cast-in-place cut-andcover culvert, a precast or prefabricated pipe embedded in the dam or foundation or a tunnel bored through the dam.

“Dam” means any artificial barrier, together with appurtenant works, which does or may impound or divert water, and which either (1) is or will be twenty (20) feet or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the Commissioner, or (2) has or will have an impounding capacity at maximum water storage elevation of thirty (30) acre-feet or more. Provided, however, that any such barrier which is or will be less than six (6) feet in height, regardless of storage capacity, or which has or will have a maximum storage capacity not in excess of fifteen (15) acre-feet, regardless of height, shall not be considered a dam, nor shall any barrier, regardless of size, be considered a dam, if, in the judgment of the Commissioner, such barrier creates an impoundment used only as a farm pond. Diversion weirs, roadbeds, water tanks, and wastewater impoundment barriers as defined in this section are not dams.

“Days” means calendar days, including Sundays and holidays.

“Division” means the Division of Water Resources of the Tennessee Department of Environment and Conservation.

“Director” means the Director of the Division of Water Resources of the Department of Environment and Conservation of the State of Tennessee.

“Diversion Weir” means a structure substantially within the bed of a stream, designed to impound water only during low flow conditions, that would not cause substantial overflow of water onto the downstream floodplain in the event of failure, and meets the definition of a Category 3 dam in part (2)(b)3 of Rule 0400-45-07-.05.

“Easily Erodible” means any soil with a plasticity index of less than ten (10) or greater than forty (40).

“Emergency Spillway” means the spillway which conveys out of the reservoir any runoff in excess of that conveyed by the principal spillway.

“Engineer” means a professional engineer registered by the State of Tennessee.

“Erosion Resistant” means any soil not easily erodible.

“Existing Dam” means any dam complete and capable of impounding water prior to October 3, 1987.

“Enlargement” means any change in, or addition to, an existing dam or reservoir, which does or may raise the water storage elevation of the dam.

January, 2013 3 “Factor of Safety” means the ratio of the forces or moments resisting mass movement to the forces or moments tending to produce mass movement.

“Farm Pond” means any impoundment used only for providing water for agricultural and domestic purposes such as livestock and poultry watering, irrigation of crops, recreation, and conservation, for the owner or occupant of the farm, his family, and invited guests, but does not include any impoundment for which the water, or privileges or products of the water, are available to the general public.

(a) General Public as used above means patrons, members, and customers of institutions and/or clubs such as but not limited to summer camps, schools, retirement facilities, churches, private clubs, communes, hunting clubs, and health care facilities.

(b) The following are some examples of impoundments which are not farm ponds:

Lakes owned or operated by a city, county, or the state, lakes that lie on three or more property parcels, residential subdivision lakes, industrial waste impoundments, industrial water supply impoundments, impoundments owned or used by hunting clubs, public water supply impoundments, commercial land development impoundments, and watershed district impoundments.

Impoundments directly used in support of farming operations.
Impoundments used for agriculture, livestock watering, recreation or conservation solely by the owner and not available to the general public.

“Foundation” means the earth or rock on which the dam rests.

“Freeboard” means the difference in elevation between the top of the dam and the maximum reservoir water surface that would result should the inflow design flood occur and should the outlet works function as planned.

“Impoundment” means the water or liquid substance that is or will be stored by a dam.

“Maximum Water Storage Elevation” means the elevation of the lowest point on the top of the dam, excluding any spillway structures.

“Maximum Storage Capacity” means the volume of water stored at the maximum water storage elevation.

“New Dam” means any dam that is not an existing dam.

“Normal Water Storage Elevation” means the normal elevation of water surface which is obtained by the reservoir when the intake and outlet works are operating as planned during periods of normal precipitation and runoff and not during periods of drought or flood.

“Owner” means any person who owns an interest in, controls, or operates a dam.

“Person” means any individual, firm, association, organization, partnership, business trust, corporation, company, county, municipal or quasi-municipal corporation, public utility, utility or other district, the State of Tennessee and its departments, divisions, institutions, and agencies, and the duly authorized officers, agents, and representatives thereof, or any combination of any of the above. Person does not include the United States government nor January, 2013 4 any agency owned by the United States or any agency thereof, nor those who own a dam or reservoir leased to or operated by the United States or any agency thereof, nor those dams licensed by the Federal Energy Regulatory Commission (previously the Federal Power Commission).

“Principal Spillway” means the spillway which conveys normal runoff out of the reservoir.

“Probable Maximum Precipitation” “(PMP)” means the greatest amount of rainfall of a sixhour duration which would be expected for a given drainage basin as determined by National Weather Service meteorological estimates. The PMP for 10 square miles shall be used for watersheds smaller than 10 square miles.

“Probable Maximum Flood” “(PMF)” means the flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in the region. The PMF is derived from the probable maximum precipitation (PMP).

“Removal” means altering a dam such that it is no longer a dam as defined in these rules.

“Reservoir” means any basin which contains or will contain the water impounded by a dam.

“Roadbed” means the earth support work of a road prepared for surfacing which is not intended to impound water and which does not impound water continuously.

“Spillway” means the feature of a storage or detention dam which is designed to release surplus water, and at diversion dams is a means to bypass flows exceeding those which are turned into the diversion system.

“Structural Height” means the height of the dam measured from the natural bed of the stream or watercourse at the downstream toe of the barrier to the low point in the top of the dam.

“Wastewater Impoundment Barrier” means an artificial barrier impounding a body of wastewater for the purpose of treatment and designed so that no surface runoff from areas adjacent to the barrier is introduced into the impoundment.

“Water Tank” means a vessel designed and used to hold water.

History

Authority: T.C.A. §§ 69-11-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-07.

Tenn. Comp. R. & Regs. 0400-45-07-.03 DUTIES AND AUTHORITY

The general responsibility to administer and enforce the provisions of this Act and all rules and regulations thereunder shall be carried out by the Division of Water Resources of the Department of Environment and Conservation.

History

Authority: T.C.A. §§ 69-11-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-07.

Tenn. Comp. R. & Regs. 0400-45-07-.04 CERTIFICATES OF CONSTRUCTION, OPERATION, AND ALTERATION

(1) General Provisions for Certificates.

(a) Certificate applications shall be made on forms available from the Commissioner.

Where there are multiple owners of a dam, each owner shall not be required to file an application if all owners are listed in the application filed by any one of them.

January, 2013 5 (b) Application for a Certificate shall be made on forms available from the Commissioner and shall include the following information:

The name of the dam.
The name of the owner.
The legal address of the owner and/or lessee.
The location of the dam.
The type, size and height of the dam.
The storage capacity and reservoir surface area for normal and maximum water surface elevation.
The purpose or purposes for which the dam or reservoir is to be used.
In the case of an application by an owner or lessee of a dam, the names and addresses of all persons having a real property interest in the dam.
Such other plans and detailed information as the Commissioner may deem reasonable and necessary to fulfill his responsibilities hereunder.

(c) An owner making application for an Alteration or Construction Certificate shall engage a qualified professional engineer, practicing in accordance with the registration laws of Tennessee, to plan, to prepare designs and specifications, and to supervise construction. This engineer must be qualified and experienced in the design and construction of dams of the type proposed and may be required to present evidence of his qualifications to undertake the project.

(d) The Commissioner shall examine the application for a certificate of approval and cause an on-the-ground inspection to be made of the existing or proposed dam or reservoir and downstream floodplain. He shall then, within sixty (60) days of the receipt of the completed application for a certificate of approval, either grant the certificate or disapprove it in writing, stating the reasons for disapproval. In the case of applications for construction certificates, applicants who fail to submit, within 18 months from the date of the original application submittal, plans or other detailed information required by the Commissioner must refile an application and plans review fee to obtain a construction certificate.

(e) Certificates are not transferable from one person to another or from one dam to another.

(f) The Commissioner shall be notified of any proposed change in the operation of a dam.

(g) Certificates shall not be granted until all fees required by the provisions of the Act and these rules have been paid.

(h) It shall be a violation of the Safe Dams Act for any person to knowingly submit a false or inaccurate report, data, or information.

(2) Operating Certificate.

January, 2013 6 (a) No person shall operate a dam without an Operating Certificate.

(b) Application for an Operating Certificate for a new dam already having a Construction Certificate shall be made on forms available from the Commissioner within thirty (30) days of the completion of the dam. The application shall be accompanied by a history of the construction of the dam as maintained by the responsible engineer and by a statement signed by the responsible engineer certifying that the project was constructed in conformity with approved plans and specifications. The history of construction shall include but not be limited to:

A record of all geological and foundation data.
Date, location, and results of all material tests made.
Narrative of problems encountered during construction and changes in design.

(Necessity for such changes shall be reported to the Division for approval before proceeding with construction.)

Photographs of completed foundations, critical features (such as construction and backfilling around conduits and low level outlet structures) and periodic stages of construction are desirable. These may be required for selected projects.
A record of permanent location points, benchmarks, and any instruments embedded in the structure.
Plans which show the actual construction of the dam after changes in the original design.

(c) Application for an Operating Certificate for a dam already having an Alteration Certificate shall be made within thirty (30) days from the completion of the alteration on forms available from the Commissioner. The application shall be accompanied by a statement signed by the responsible engineer certifying that the project was constructed in conformity with the approved plans and specifications. Additional information about the construction, such as that listed in subparagraph (b) of this paragraph, must be included if the Commissioner determines that such information is needed to insure that the alteration is constructed properly.

(d) Any new dam or dam alteration must be constructed in accordance with the approved plans and specifications in order to receive an Operating Certificate.

(e) A new dam must not be allowed to impound water other than transient storage due to storm runoff until an Operating Certificate has been issued.

(f) Application for an Operating Certificate shall be made on forms available from the Commissioner. Any dam owner who is notified by the Commissioner of the need to apply for an Operating Certificate shall submit such application within thirty (30) days.

(g) Whenever legal title to a dam, for which a certificate of approval has been issued, is modified to create real property interests, including leasehold interests, in persons not listed on the application for such certificate, the owner of such dam shall make application for a new certificate within ninety (90) days of the date such interests are created, other provisions of this chapter notwithstanding.

January, 2013 7 (h) An Operating Certificate shall be issued only on evidence satisfactory to the Commissioner that the requirements of Rule 0400-45-07-.06 are being met for an existing dam and the requirements of Rule 0400-45-07-.07 are being met for a new dam.

(3) Construction Certificate.

(a) No person shall commence construction on a new dam without first obtaining a Construction Certificate from the Commissioner.

(b) Application for a Construction Certificate shall be made at least 60 days prior to the commencement of construction on forms available from the Commissioner.

(c) The Commissioner shall issue a Construction Certificate for construction of a new dam only if the requirements of Rule 0400-45-07-.07 Design Standards for New Dams, Rule

Tenn. Comp. R. & Regs. 0400-45-07-.05 CLASSIFICATION OF DAMS

Dams will be classified in accordance to size, hazard potential, and design characteristics in order to formulate a priority basis for selecting dams to be scheduled in the inspection program and also to provide compatibility between guideline requirements and involved risks. When conditions at the dam or the hazard potential changes, the dam may be reclassified, and, if necessary, the dam must be upgraded to meet the standards of the new classification. The downstream conditions will be evaluated for hazard potential reclassification at least every 5 years.

(1) Size. The classification for size is based on the height of the dam and storage capacity in accordance with the table below. The height of the dam is established with respect to the maximum water storage elevation measured from the natural bed of the stream or watercourse at the downstream toe of the barrier, or if it is not across a stream or watercourse, the height from the lowest elevation of the outside limit of the barrier, to the maximum water storage elevation. For the purpose of determining project size, the maximum storage elevation will be considered equal to the top of dam elevation as defined in paragraph (26) of Rule 0400-45-07-.02. Size classification will be determined by either storage or height, whichever gives the larger size category. For size classification purposes, fractions of heights and storages shall be rounded down to the nearest whole number, e.g., 49.9 feet would be classified in the 20 to 49 feet category.

Size Classification Category Storage (Ac-Ft) Height (Ft)

Small 30 to 999 20 to 49 Intermediate 1,000 to 49,999 50 to 99 Large 50,000 or greater 100 or greater (2) Hazard Potential Category.

(a) Every dam will be assigned a hazard potential category to reflect the damage which might occur in the event of a dam failure, either structurally or operationally. The hazard potential will take into account a number of factors which will include, but not be limited to: the physical characteristics and degree of development of the site and valley downstream; the relationship of the site to industrial and residential areas; use of downstream properties throughout the danger reach; geological considerations; public and private uses of the impoundment or reservoir; and probable future downstream development.

January, 2013 10 (b) The hazard potential category of a dam may impose different standards at different sites for design and conditions for issuance of a Certificate and will have a bearing upon the frequency of inspections by the Commissioner. The following categories are established to permit the association of criteria with the damage that might result from such a failure.

Category 1 dams are located where failure would probably result in any of the following: loss of human life; excessive economic loss due to damage of downstream properties; excessive economic loss, public hazard, or public inconvenience due to loss of impoundment and/or damage to roads or any public or private utilities.
Category 2 dams are located where failure may damage downstream private or public property, but such damage would be relatively minor and within the general financial capabilities of the dam owner. Public hazard or inconvenience due to loss of roads or any public or private utilities would be minor and of short duration. Chances of loss of human life would be possible but remote.
Category 3 dams are located where failure may damage uninhabitable structures or land but such damage would probably be confined to the dam owner's property. No loss of human life would be expected.

(3) Removal of Dams. A dam shall be considered removed if it meets one of the following criteria.

(a) A portion of the dam is removed such that at the invert of the removed portion the dam is less than six feet high or has less than 15 acre-feet of storage capacity.

(b) A portion of the dam is removed or an open-channel spillway is built such that the invert of the removed portion is at the approximate elevation of the top of the tailings or sediment in the impoundment and the dam can no longer permanently impound water.

In the case of embankment dams that receive surface runoff from areas adjacent to the impoundment, the open channel must be sufficiently large to preclude overtopping during the Freeboard Design Storm specified in subparagraph (3)(b) of Rule 0400-45- 07-.06 or subparagraph (4)(d) of Rule 0400-45-07-.07, respectively.

History

Authority: T.C.A. §§ 69-11-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-07.

Tenn. Comp. R. & Regs. 0400-45-07-.08 ENGINEERING REQUIREMENTS

(1) Engineering Standards. The design engineer shall take into consideration the standards and recommendations made in accepted publications concerning dams, and also the current practices of the various agencies that may be concerned with the design and construction of dams.

(2) Engineering Drawings. All drawings shall be submitted in the form of permanent type drawings of a standard and uniform size. Drawings that do not conform to standard practices and drawings that are not easily legible will not be reviewed.

(3) Engineering Plans. At least four (4) complete sets of construction plans and specifications shall be submitted to the Commissioner. Upon approval, each submitted copy shall be stamped accordingly, two copies retained for the Division's file, and the remaining copies returned to the applicant. An approved copy bearing the stamp of approval must be kept at the construction site during all times of construction.

(4) Engineering Report. The engineering report shall be submitted for review prior to or along with the submittal of the plans and specifications. The engineering report is the basis of the design and shall include, but not be limited to, the data and analyses required by Rule 0400- 45-07-.07 for new dam construction or by Rule 0400-45-07-.06 for alterations to existing dams.

(5) Plans and Specifications. The plans and specifications shall provide the details of the structure designed in the engineering report, the construction materials, the construction methods, and shall include, but not be limited to, the following:

(a) Standard and uniform paper. Preferably 24" x 36".

(b) Cover sheet.

(d) Embankment plan and profile views.

(e) Spillways plan and profile views.

(f) Seepage control detail including collection system.

(g) Wave protection detail.

(h) Service spillway outfall structure and energy dissipator details.

(i) Location of permanent bench mark.

(j) Location sketch.

(k) Actual mean sea level (MSL) elevations of the dam and its appurtenant works.

History

Authority: T.C.A. §§ 69-11-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-07. January, 2013 19

Tenn. Comp. R. & Regs. 0400-45-07-.06 STANDARDS FOR EXISTING DAMS

(1) Stability. All dams shall be stable. There shall not be excessive cracks, sloughing, seepage or other signs of instability or deterioration. In cases where the stability of the dam is questionable, it shall be the responsibility of the owner to either demonstrate to the Commissioner that the dam is stable or drain the reservoir and remedy the unstable condition prior to refilling the reservoir.

(2) Slope Protection (a) Earth embankments shall be protected from surface erosion by appropriate vegetation or some other type protective surface such as riprap or paving and shall be maintained.

Examples of appropriate vegetation include, but are not limited to, Bermuda grass and fescue. All inappropriate vegetation such as honeysuckle, briers, bushes, and trees shall be removed from the dam. Some trees may be allowed to remain on a dam if the Commissioner concurs with a justification from a qualified engineer for doing so. Such January, 2013 11 justification must satisfy the Commissioner that the number, size, location, root characteristics, etc., of such trees will not adversely affect the dam’s structural integrity and safety nor impede inspection.

(b) The root mass of all trees larger than four (4) inches in diameter as measured at two feet above ground level shall be grubbed out and the hole backfilled with suitable fill material properly compacted. Smaller trees may either be cut at ground level or be removed as specified above. The Commissioner may require an engineer to oversee the tree removal.

(3) Emergency Spillway.

(a) All dams shall have an emergency spillway system with capacity to pass a flow resulting from a 6 hour design storm indicated in subparagraph (b) of this paragraph for a hazard classification appropriate for the dam. However, if the applicant's engineer provides calculations, designs, and plans to show that the design flow can be stored, passed through, or passed over the dam without failure occurring, or if he can successfully demonstrate to the Commissioner by engineering analysis that the dam is a safe structure and can certify that the dam is sufficient to protect against probable loss of human life downstream, said dam design may be approved by the Commissioner.

(b) Minimum Freeboard Design Storms.

Hazard Potential Category Size Freeboard Design Storm (6 Hours)

Category 3 Small 100 year (Low) Intermediate 1/3 PMP Large 1/2 PMP Category 2 Small 1/3 PMP (Significant) Intermediate 1/2 PMP Large PMP Category 1 Small 1/2 PMP (High) Intermediate PMP Large PMP (c) No dam which is modified after original construction to increase its design storm to a 1/2 PMP or greater shall be required to pass a larger design storm unless the dam itself is enlarged or its normal or maximum storage volume is increased.

(4) Concrete and Masonry Dams. Concrete and/or masonry dams shall be structurally sound and shall have joints free of trees and other vegetation and shall show no signs of significant structural deterioration such as excessive cracks, spallation, efflorescence and exposed reinforcing steel.

History

Authority: T.C.A. §§ 69-11-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-07.

Tenn. Comp. R. & Regs. 0400-45-07-.07 DESIGN STANDARDS FOR NEW DAMS

(1) Design of Dams. Designs of dams shall conform to accepted practices and procedures of the engineering profession. Design references developed by the U.S. Army Corps of Engineers, January, 2013 12 Soil Conservation Service, and the Bureau of Reclamation may be used although the limiting criteria must be in accordance with these rules.

(a) All dams will be considered on an individual basis and reviewed in accordance with prevailing practices that are currently accepted by the engineering profession.

(b) All structures other than Category 3 dams constructed before 2008 shall be designed to withstand seismic accelerations of the following intensities: Zone 1 = 0.025g, Zone 2 = 0.05g, Zone 3 = 0.15g. Zones refer to "Geologic Hazards Map of Tennessee" by Robert A. Miller, 1978. All dams constructed during or after 2008 shall be designed to withstand the peak ground acceleration for an earthquake with a 10% probability of exceedance in 50 years as determined by the United States Geological Survey at the time the construction permit is issued. A different peak ground acceleration may be used if site specific studies using accepted engineering practices determine that a different value is appropriate.

(d) A complete geotechnical report shall be submitted as an integral part of the engineering report for all Hazard Potential Category (HPC) 1 and 2 dams (defined in

Rule 0400-45-07-.05). For HPC 3 dams, sufficient investigation will have to be made to determine if the site and the fill material to be used are suitable, and this information will have to be included in the engineering report.

(e) A hydrologic/hydraulic analysis shall be submitted as an integral part of the engineering report for all dams. A breach analysis shall be submitted for all HPC 1 and HPC 2 dams and, for the former, shall be included in the Emergency Action Plan. The breach analysis must use surveyed cross sections at all stations where homes or other structures may be flooded. A sunny-day breach shall be modeled with the impoundment at the elevation of the emergency spillway invert when the failure begins, or, if there is no emergency spillway, at the elevation of the inlet of the principal spillway. Breach modeling under sunny-day, overtopping, or any other conditions, is site specific.

(f) All Category 1 dams shall submit to the Commissioner an Emergency Action Plan.

This plan shall include, but not be limited to, the following:

Inundation information and an inundation map based on the breach analysis.
Procedures for notification of people downstream and law enforcement and other government agencies.
Resources for emergency actions such as contractors, equipment supply businesses, etc.

(g) Design calculations for all major components of the structure, i.e., spillways, pipes, etc., shall be included in the engineering report.

(2) Principal Spillways.

(a) All component parts of the principal spillway except attached gates and trash racks will be of equal durability. The structural design criteria and detailing of such spillways will conform to recognized standards and codes of practice.

January, 2013 13 (b) In requiring the capacity of the principal spillway, the Commissioner may consider: (1) the benefits that accrue to the reduction of the discharge rate, (2) damages that may result from prolonged storage in the reservoir, (3) damages that may result from prolonged outflow, (4) the possibility of occurrence of significant runoff from two or more consecutive storm events within the time required to empty the reservoir, and (5) limitations in water rights or other legal requirements.

All conduits under a dam shall support the external loads imposed with an adequate factor of safety. They must withstand the internal hydraulic pressures without leakage under full external load and settlement. They must convey water at the design velocity without damage to the interior surface of the conduit.
Principal spillway conduits under earth dams shall be designed to support fill heights greater than the original constructed height where there is a reasonable possibility that it may become desirable to raise the embankment height at a later date to incorporate additional storage.
Principal spillway conduits shall be of reinforced concrete pipe, cast-in-place reinforced concrete, ductile iron pipe, or plastic pipe. Fill height and foundation conditions require special considerations for ductile iron pipe and plastic pipe so that each use will be checked on an individual basis; cradling or encasement in concrete may be required. Welded steel pipe is not acceptable for Category 1 and Category 2 dams, and corrugated metal pipe is not acceptable for any class of dam.
Principal spillway conduits shall be field tested for watertightness before backfilling. This requirement as well as the method of testing shall appear on the plans or in the specifications.
Rigid principal spillway conduits shall be designed as positive projecting conduits.
All reinforced concrete water pipe - steel cylinder type - prestressed, all reinforced concrete water pipe - steel cylinder type - not prestressed, and all reinforced concrete water pipe - noncylinder type - not prestressed, shall meet the AWWA specifications effective at the time of application.
Elliptical or other systems of reinforcement requiring special orientation of pipe sections are not permitted in pipe drop inlet barrels.
Reinforced concrete pipe, with or without cradles, shall be designed to support at least 12 feet of earth fill above the pipe at all points along the conduit.

Category 3 dams: The minimum diameter of the principal spillway barrel will be 18 inches for fill heights up to 50 feet and 24 inches for greater heights; or Where the drop inlet is designed hydraulically in such a way that the flow in the barrel under all possible conditions of discharge and foundation consolidation is positively known to be open channel flow with the water surface in the conduit subject to atmospheric pressure only, the minimum diameter shall be 18 inches; or January, 2013 14 Where welded steel pipe is used, the principal spillway shall be designed in accordance with conditions presented in subparagraph (e) of this paragraph.
Category 2 dams: The minimum diameter of the principal spillway barrel shall be 24 inches.
Category 1 dams: The minimum diameter of the principal spillway barrel shall be 30 inches.
Smaller conduits may be used if detailed calculations show them to be hydraulically and structurally adequate and all other requirements of this rule

Tenn. Comp. R. & Regs. 1200-05-07-.07 are met.

(d) Where the barrel and cradle or bedding are to rest directly on firm bedrock thick enough so that there is essentially no foundation consolidation under the barrel, the cradle under the pipe need not be articulated.

(e) Principal spillways of welded steel pipe may be used for Category 3 dams under the following conditions, all of which must be met:

The minimum diameter of the barrel will be 18 inches.
The height of fill over the pipe will be less than 35 feet.
Welded steel pipe conduits are to conform to American Society of Testing Materials (ASTM) specifications A53, A120, A135, A139, or A134 and are to be structurally designed as rigid pipe. A joint extension safety margin of 1.5 inches is to be provided for conduits on yielding foundations. Welded pipe is to be protected by an approved exterior coating.

(f) Conduit joints will be designed and constructed to remain water tight under maximum anticipated hydrostatic head and maximum probable conditions of joint opening, including the effects of joint rotation, and must have a margin of safety where required.

(g) Trash racks will be designed and built to provide positive protection against clogging of the spillway at any point. The average velocity of flow through a clean trash rack will not exceed 2.5 feet per second with the water elevation in the reservoir five feet above the top of the trash rack or at the crest of the emergency spillway, whichever is lower.

Velocity will be computed on the basis of the net area of opening through the rack.

For dry dams, a trash rack may be used in lieu of a ported concrete riser. The principal spillway trash rack will extend sufficiently above the anticipated sediment elevation at the inlet to provide full design flow through the spillway with velocities through the net area of the trash rack above the sediment elevation not in excess of two feet per second when the water surface in the reservoir is five feet above the top of the trash rack.

(h) All closed conduit principal spillways designed for pressure flow will have an anti-vortex device.

(3) Drawdown Facilities.

(a) All new dams shall have a drawdown facility. This facility shall be capable of draining the reservoir in ten (10) days or less. It may be assumed that this requirement has been met if seventy-five (75) percent of the liquid volume from the normal water January, 2013 15 storage elevation has been evacuated in the ten (10) day period. The use of a longer period must be justified.

(b) The necessary drawdown facility for any dam shall be made an integral part of the principal spillway structure if the principal spillway configuration warrants it, but in no case will the drawdown facility be valved on the downstream side of the embankment.

Siphon facilities will be accepted after proper engineering justification.

(c) Subparagraph (b) of this paragraph does not apply in the case of a water supply line through the dam, but in such cases provision must be made for a positive shutoff on the upstream side of the structure.

(d) Drawdown systems shall be maintained in an operable condition. Drawdown valves shall be opened and closed at least annually to ensure operability.

(4) Emergency Spillways.

(a) An emergency spillway shall be provided for each structure, unless the principal spillway is large enough to pass the routed freeboard hydrograph discharge and the debris that comes to it. A conduit type principal spillway having a barrel with a crosssectional area of 20 square feet or more, an inlet which will not clog, and an elbow designed to facilitate the passage of debris, is the minimum size and design that may be utilized without an emergency spillway. If a principal spillway of this type and size is not provided, danger from clogging requires the use of an emergency spillway regardless of the volume of storage provided.

(b) A single uncontrolled open channel spillway may be used for all purposes provided it is designed to accommodate all discharges, including the freeboard storm, without damage to the structure. However, a positive means to drain the reservoir must also be provided.

(c) Emergency spillways shall be proportioned so that they will pass the freeboard hydrograph at the safe velocity determined for the site. They shall have sufficient capacity to pass the freeboard hydrograph with the water surface in the reservoir at or below the maximum storage elevation.

(d) Minimum Freeboard Design Storms Size Freeboard Design Storm (6 Hour)

Small ½ PMP Intermediate PMP Large PMP (e) All dams shall have an emergency spillway system with capacity to pass a flow resulting from a 6 hour design storm indicated in subparagraph (d) of this paragraph for the size corresponding to the dam. Any new dam constructed between October 3, 1987, and February 19, 2001, shall be required to pass the Freeboard Design Storm specified in subparagraph (3)(b) of Rule 0400-45-07-.06. However, if the applicant's engineer provides calculations, designs, and plans to show that the design flow can be stored, passed through, or passed over the dam without failure occurring, or if he can successfully demonstrate to the Commissioner that the dam is a safe structure and can certify that the dam is sufficient to protect against probable loss of human life downstream, said dam design may be approved by the Commissioner. The establishment of the criteria in subparagraph (d) of this paragraph does not eliminate January, 2013 16 the need for sound engineering judgment but only establishes the lowest limit of design considered acceptable.

(f) The relationship between the water surface elevation in the reservoir and the discharge through the emergency spillway shall be evaluated by computing the head losses in the inlet channel upstream of the control section, or if a control section is not used, by computing the water surface profile through the full length of the spillway. Manning's formula will be used to evaluate friction losses and determine velocities.

(g) The freeboard hydrograph shall be routed through the reservoir starting with the water surface at the elevation of the principal spillway inlet.

(h) A vegetated earth or unlined emergency spillway shall be approved when computations indicate that it will pass the design storm without jeopardizing the safety of the structure. The risk of recurring storms, excessive erosion, and inadequate vegetative cover will be considered acceptable in such a spillway when its average frequency of use is predicted to be not more frequent than once in 25 years for Category 3 dams, once in 50 years for Category 2 dams, and once in 100 years for Category 1 dams.

Vegetated and earth emergency spillways may be open channels and may consist of an inlet channel, a control section and an exit channel. Subcritical flow exists in the inlet channel and the flow may be supercritical in the exit channel.
Vegetated emergency spillways may be trapezoidal in cross-section and shall be protected from damaging erosion by a grass cover. They shall be used at sites where a vigorous grass growth can be sustained by normal maintenance without irrigation.
Earth spillways may be used in those areas where vegetative growth cannot be maintained. They are similar to vegetated spillways but are designed for lower permissible velocities and less frequent use. The needed maintenance after a flow occurs is the responsibility of the certificate holder.
Earth and vegetated emergency spillways are designed on the basis that some erosion or scour is permissible if its occurrence is infrequent, if maintenance facilities are provided, and if damage from a severe storm, as represented by the freeboard inflow hydrograph, will not endanger the structure.
A Manning's ''n'' of 0.040 may be used for determining the velocity and capacity in vegetated spillways. Permissible velocities in earth spillways may be based on an "n" value of 0.020 but the capacity of earth spillways will be based on an appraisal of the roughness condition at the site.
When the anticipated average use of a vegetated emergency spillway is more frequent than once in 50 years, the maximum permissible velocity will be in accordance with the values given below. The values may be increased 10 percent when the anticipated average use is not more frequent than once in 50 years or 25 percent when the anticipated average use is not more than once in 100 years. The maximum velocity limitations given below for vegetated or earth emergency spillways apply to the exit channel.
The values given will be the upper limit for all grasses. Values for grasses or grass mixtures will be determined by comparison with the values shown, with due consideration given to the growth characteristics and density attained in the local area by the species under consideration.

January, 2013 17 8. Where bona fide studies or investigations have been made to determine the permissible velocity for a specific soil and site, these values may be used in lieu of those shown below.

Maximum Permissible Velocities for Vegetated Earth Spillways.

Grasses or Grass Mixtures Maximum Soil Type Slope Permissible Velocity Erosion Resistant 0-5 % 8.0 fps 5-10% 7.0 fps Easily Erodible 0-5 % 6.0 fps 5-10% 5.0 fps (5) Earth Embankments.

(a) Sufficient freeboard shall be provided to prevent overtopping with the passage of the freeboard hydrograph plus the additional freeboard required by the site for wave action.

(b) The top width of earth embankments will not be less than the value given by the following equation:

W= H + 35 where H = height of embankment in feet.

W = minimum top width of embankment in feet.

(c) The earth embankment will be riprapped or have other wave erosion protection provided over the full range in stage between three feet above and below the normal pool elevation.

(d) All dams shall be designed and constructed to prevent the development of instability due to excessive seepage forces, uplift forces, or loss of materials in the embankment, abutments, spillway areas, or foundation. Seepage analysis for design and inspection during construction shall be in sufficient detail to prevent the occurrence of critical seepage gradients. All dams permanently impounding water shall be constructed with an embankment toe drain with drain pipes installed to discharge the seepage.

(e) All dams shall have a permanent bench mark monument located near the embankment in undisturbed soil or in bedrock. This bench mark shall be detailed in the plans and specifications.

(f) All dams shall be protected from surface erosion by appropriate vegetation or some other type of protective surface such as rip-rap or paving and shall be maintained.

Examples of appropriate vegetation include, but are not limited to, Bermuda grass and fescue. All inappropriate vegetation such as honeysuckle, briers, bushes and trees shall be kept off the dam by routine mowing.

January, 2013 18

History

Authority: T.C.A. §§ 69-11-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-07.

Tenn. Comp. R. & Regs. 0400-45-07-.09 FEES

(1) Project Review Fee. A project review fee will be charged by the Commissioner for all new dam and reservoir construction. The fee is to accompany the application for a Construction Certificate. New dams will not be charged for the inspection fee for the initial Operating Certificate. The fee will be based upon the size categories shown below, but in no case shall the total project review fee exceed one percent (1%) of the total estimated cost of the dam.

Schedule of Charges Height of Dam Charge for Project Review 6 - 40 feet $1000 41 - 60 feet $1500 greater than 60 feet $2000 If a construction certificate expires without construction having begun, the certificate holder may re-apply for a new construction certificate within one year of the expiration date of the original certificate and pay a project review fee of only $500, provided that no substantial changes have been made to the plans and specifications.

(2) Safety Inspection Fee. Fees will be charged for Safety Inspections by the Division. The fee is to accompany the application for an Operating Certificate. The fee will be $500 per inspection. All fees and charges shall be payable only by check or money order to the State of Tennessee.

(3) No fees shall be imposed for inspections of dams which are constructed, operated, or maintained by a watershed district pursuant to T.C.A. § 69-7-101 et seq.

History

Authority: T.C.A. §§ 69-11-101 et seq., 68-203-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200- 05-07.

Tenn. Comp. R. & Regs. 0400-45-07-.10 EMERGENCY ACTION BY OWNER

Nothing in T.C.A. § 69-11-117, whereby the Commissioner has the authority to act under a state of emergency requested of and declared by the Governor, nor any provisions or requirements for Certificates, shall be construed to relieve or prevent an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam. In the event of an emergency where immediate repairs are necessary to safeguard life and property, such repairs shall be made immediately by the owner or his duly authorized agents. In such events, the Commissioner shall be promptly notified of the necessary emergency repairs and of work under way, if any, and such work shall conform to such requirements as specified by the Commissioner.

History

Authority: T.C.A. §§ 69-11-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-05-07.

Chapter 0400-45-08 Water Registration Requirements (Transferred from 1200-05-08 which was repealed)

Tenn. Comp. R. & Regs. 0400-45-08-.01 AUTHORITY

(1) These rules and regulations are issued under the authority of T.C.A. §§ 69-7-301 et seq., as amended.

(2) The Department of Environment and Conservation, Division of Water Supply is responsible for the supervision of water withdrawal registration.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.02 PURPOSE

(1) The purpose of these rules and regulations is to provide guidelines for the interpretation of T.C.A. § 69-7-301 et seq. and to set out the procedures to be followed by the Department in carrying out the Tennessee Water Resources Information Act. These rules and regulations set out the procedures and requirements for registering a water withdrawal.

(2) Where the terms “shall” and “must” are used, practice and usage is sufficiently standardized to indicate a mandatory requirement, insofar as any complaint action by the Department is concerned. Other items, such as “should”, “recommend”, “preferred”, and the like, indicate desirable procedures or methods.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.03 SCOPE

These rules shall apply to all persons withdrawing water from either a surface water or ground water source if the average withdrawal is 10,000 gallons or more a day for any purpose, except those excluded by the Act and listed below:

(1) A person may withdraw water for agricultural purposes without having registered the withdrawal. If a person withdraws water for agricultural purposes and another purpose, the water used for agriculture shall not count towards the calculation of whether the withdrawal exceeds an average of ten thousand (10,000) gallons or more per day. For purposes of this

part, “agricultural purposes” shall mean use in the production or harvesting of an agricultural product, including, but not limited to, irrigation of crops, vines, production of hay, turf September, 2012 2 production and nursery stock production as defined at T.C.A. § 43-1-112, and watering of poultry or livestock.

(2) Nonrecurring withdrawals of water, including, but not limited to, the filling of a swimming pool from a residential water well and accidental withdrawals caused by failure of pipes or equipment.

(3) A person may withdraw water for emergencies involving human health and safety without having first registered the withdrawal, provided it is not done on a regular or recurring basis.

(4) The purchase of water from a utility by a customer, including other water utilities, does not constitute a withdrawal.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.04 DEFINITIONS

(1) “Act” means the Tennessee Water Resources Information Act.

(2) “Board” means the Water Quality Control Board of the Tennessee Department of Environment and Conservation.

(3) “Commissioner” means the Commissioner of the Department of Environment and Conservation, the Commissioner’s duly authorized representative and, in the event of the Commissioner’s absence or a vacancy in the office of Commissioner, the deputy Commissioner of Environment and Conservation.

(4) “Consumptive water use” means that portion of water that becomes incorporated into the product, consumed by humans or livestock, that is lost to evaporation or transpiration, or is otherwise removed from the local hydrologic environment from which it was obtained.

(5) “Department” means the Tennessee Department of Environment and Conservation. The terms “state,” department” and “division” are often used interchangeably in these rules and regulations.

(6) “Dewatering” means the withdrawal of water to facilitate construction or extraction of earth materials.

(7) “Division” means the Division of Water Supply. The terms “state”, “department” and “division” are often used interchangeably in these rules and regulations.

(8) “Emergency Water Use” means the withdrawal of water, for a period not exceeding thirty days, for the purpose of fire fighting, hazardous substance waste spill response, or other emergency withdrawal of water as determined by the Department.

(9) “Ground Water” means any water beneath the surface of the ground, including those under the direct influence of surface water, and includes any water from any well, cave, and spring.

(10) “Person” means any individual, corporation, company, limited liability company partnership, association, group, utility district, federal, state or local government agency, or any combination of them.

(11) “Public Utility” means any person engaged in the operation of a public water supply system whether serving domestic or commercial water uses or any combination.

September, 2012 3 (12) “Recurring” means the withdrawal of water more than 4 days a year.

(13) “Return Point” means the surface or ground water location where water withdrawn and used is returned or discharged.

(14) “Source” means a location where surface or ground water is available, including, but not limited to, a water well, cave, spring, stream, river, lake, or impoundment.

(15) “Surface Water” means any water located on the land surface that includes creeks, streams, rivers, lakes, and impoundments. It does not include ponds and impoundments that are not located on a stream and that are privately owned by the person withdrawing water where the water is returned to the same impoundment.

(16) “Use” means the purpose for which any withdrawal is made.

(17) “Withdraw” means to take water from any source on a regular or recurring basis by means of an intake structure, pipe and pump that diverts water away from a source, or by any other conveyance with or without the use of suction. This does not include nonrecurring withdrawals including, but not limited to, the filling of a swimming pool from a residential water well or the accidental withdrawal caused by failure of pipes or equipment.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.05 REGISTRATION REQUIREMENT

(1) Initial Registration - No person shall withdraw an average of ten thousand (10,000) or more gallons of water per day from a surface water or a ground water source unless the withdrawal is currently registered with the commissioner. Such registration shall be on forms furnished, upon request, by the commissioner. Any person required to submit a registration of withdrawal shall provide at a minimum to the commissioner the following information:

(a) An identification of all the withdrawal and return points. The withdrawal and return points shall be identified by name of source and facility and county in which the withdrawal and return points are located;

(b) The anticipated or proposed volume, frequency and times of year water is to be withdrawn;

(d) The use or uses for which the water withdrawn is applied as specified in Rule 0400-45- 08-.08, Classification of Water Uses.

(e) The estimated volume of water returned at each return point. Return points include, but are not limited to, municipal or industrial wastewater discharges, stream discharges, subsurface disposal, etc.

(f) The person completing and submitting the registration shall sign the form attesting to the accuracy of the information submitted.

(2) Annual Renewal - Any person who causes such a withdrawal shall annually renew their registration of such water withdrawal with the commissioner on forms provided for the

purpose on or before February 15 of every year. Information reported shall include the user’s name, address, sources and locations of withdrawal, volume of water withdrawn each September, 2012 4 calendar month for the previous twelve months, maximum day withdrawal and the month in which it occurred, method of withdrawal measurement, and any change in volume or points of withdrawal. Forms developed by the person withdrawing water may be used if prior approval is obtained from the department.

(3) Public water systems may comply with the annual water withdrawal registration requirements by providing water pumpage information to the department on a monthly basis.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.06 OWNERSHIP/OPERATIONAL RIGHTS

Persons withdrawing water from a source shall comply with all other laws, rules and regulations, and policies of the State. These specifically include, but are not limited to, the Interbasin Transfer Act, the Water Quality Control Act, and the Safe Drinking Water Act.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.07 MEASUREMENT METHODS AND STANDARDS

The commissioner shall accept a recognized method of measuring the quantities of water withdrawn.

Recognized methods of measuring the quantity of surface water withdrawn which are acceptable include any of the following:

(1) Flow meters accurate to within ten percent of calibration in accordance with the manufacturer’s recommendations;

(2) The rated capacity of the pump in conjunction with the use of an hour meter, electric meter or log;

(3) Any standard or method employed by the United States Geological Survey in determining water withdrawals;

(4) Any other method found to provide reliable water withdrawal data approved by the Department. Any person desiring to use an alternate method of measuring the volume of water withdrawal shall make a written request to the department. The request must describe the procedure to be used and furnish information on the accuracy of the method.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.08 CLASSIFICATION OF WATER USES

The following water use classifications shall be used when registering water withdrawals. Persons not covered by this Act that voluntarily register their water withdrawals should use the following water use classification.

(1) domestic water supply, including municipal water supplies (2) irrigation of crops and nursery stock (3) livestock watering (4) production (including harvesting) of an agricultural product September, 2012 5 (5) navigation (lock usage and flow augmentation)

(6) thermoelectric power production, including cooling purposes (excludes hydroelectric)

(7) recreational use (8) commercial, institutional or other general public use (9) industrial uses include manufacturing processing, washing, and cooling, but excludes mining related uses (defined below)

(10) hydroelectric power generation (provided none of it is used consumptively)

(11) mining (where water is used to wash or process an ore)

(12) dewatering (mining, quarry rock production, and other operations where water is withdrawn in other to conduct another activity.)

(13) any other use not defined above

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.09 POINTS OF WITHDRAWAL AND RETURN LOCATION/SOURCE IDENTIFICATION

(1) The point(s) of withdrawal and return shall be located at a minimum using any one of the following methods:

(a) Located on a 7.5 minute USGS topographic map.

(b) Coordinates obtained with a GPS unit (in decimal format).

(c) The name of the stream or river and river mile from the mouth of the river as shown on a 7.5 minute USGS topographic map.

(d) The name of the municipal or industrial wastewater plant.

(e) The name of the source and county where the intake, well or spring is located and the name of the source or discharge point and county where water is returned. Water returned through multiple private subsurface disposal systems only have to identify the county where the discharge takes place.

(2) State Driller Tag Number or other State Identification Number, if one has been assigned or public water system (PWS) entry point ID.

(3) Multiple points of withdrawal may be further identified and designated as W1, W2, W3 and so forth for reporting purposes. Multiple points of return may be further identified as R1, R2, R3, and so forth.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012. September, 2012 6

Tenn. Comp. R. & Regs. 0400-45-08-.10 RECORD MAINTENANCE

Persons subject to the water withdrawal provisions of these rules shall retain on their premises or at a convenient location near their premises the following records:

(1) Copies of Registrations of Withdrawals for the past three (3) years.

(2) All records and documents, including worksheets, pumpage records, etc., used to calculate the amount of water withdrawn.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.11 CHANGE OF PERSON RESPONSIBLE FOR WITHDRAWAL

Any change of person responsible for water withdrawn shall be reported to the Department within 60 days.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.12 COMPLIANCE AND CIVIL PENALTIES

(1) Any person who (a) fails to file a water withdrawal registration, or (b) fails to timely file a water withdrawal registration, or (c) fails to submit a true and accurate information on any registration form or report required by the Act and these rules has incurred a violation and is subject to an Order, including a penalty of up to $7,500 per day per violation as provided in the Act. Each day such violation continues is a separate violation.

(2) Any person who attempts to prevent or not to allow the commissioner’s agents to enter at a reasonable time upon any property other than dwelling places for the purpose of conducting investigations or studies or enforcing any of the provisions of this part has incurred a violation and is subject to an Order, including a penalty of up to $7,500 per day of violation as provided in the Act. Each day such violation continues is a separate violation.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Tenn. Comp. R. & Regs. 0400-45-08-.13 CONFIDENTIALITY OF DATA

(1) If specifically requested by the person registering the withdrawal and if it is deemed necessary by the commissioner to protect trade secret information as defined in T.C.A. § 47-25-1702, the commissioner shall keep such trade secret information confidential. To effectuate this provision, the registrant must submit specifically precluded data on separate forms using forms which are coded in such a manner as to conceal the identity of the facility or registrant.

(2) If an applicant makes a request for confidential treatment, the Division shall treat the information as confidential pending a determination of whether it qualifies and any review of that determination as provided herein. If the Division determines that any information is not September, 2012 7 entitled to confidential treatment for any reason, it shall inform the person in writing. A request for an informal review by the Commissioner or a designee may be filed within 30 days of receipt of the letter denying confidential treatment. The informal review shall not be conducted as a contested case under T.C.A. § 4-5-101 et seq. The Commissioner shall issue a written determination after the informal review. If no timely request for review is filed or upon the expiration of thirty days after the Commissioner’s written determination that the information is not entitled to confidential treatment, the Division may cease to treat the information as confidential.

History

Authority: T.C.A. §§ 69-7-301 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 18, 2012; effective September 16, 2012.

Chapter 0400-45-09 Water Well Licensing Regulations and Well Construction Standards (Transferred from 1200-04-09)

Tenn. Comp. R. & Regs. 0400-45-09-.01 DEFINITION OF TERMS

"Abandoned well" means any well that has permanently been discontinued from further use.

A well shall be declared abandoned when the pump has been disconnected or removed for reasons other than repair or replacement or when the well is in such a state of disrepair that continued use for the purpose intended is impracticable.

"Abandonment" means the act of properly sealing an abandoned well.

"Act" means the Water Wells Act of 1963 as amended (T.C.A. §§ 69-10-101 et seq.)

“Animal pen" means an enclosed area one-half (1/2) acre or less where ten or more animals congregate for feeding and watering where vegetation or ground cover has been destroyed or is missing and the area is covered with manure or mud.

"Aquifer" means a geologic formation, a group of such formations, or a part of a formation that will yield usable quantities of water to wells.

"Artesian" means ground water confined under sufficient hydrostatic pressure to rise above the aquifer containing it.

"Beneficial Use" means application of a resource to a purpose that produces economic or other benefits, tangible or intangible, economic or otherwise, such as procurement of water for domestic, industrial, or agricultural use or for a municipal water supply.

"Bentonite" means a clay derived from volcanic ash consisting of at least 85% montmorillonite. Bentonite is available in the following forms:

(a) "Bentonite granules" means 8 mesh pure bentonite, without additives.

(b) "Bentonite pellets" means commercially manufactured tablets made by compressing pure bentonite, without additives, into forms greater than 1/4 inch in size.

“Board” means Board of Ground Water Management.

"Borehole" means the cylindrical opening created by the action of a drill or auger as it penetrates the subsurface.

"Casing" means pipe or tubing, constructed of specified materials and having specified dimensions and weights, that is installed in a borehole during or after completion of the borehole to support the side of the hole and thereby prevent caving, to allow completion of the well, to prevent formation material from entering the well, and to prevent entry of undesirable water into the well.

"Certificate" means a written or printed statement or decal issued by the Department to the licensee which assigns a license number and license type to the license holder.

“Closed loop geothermal borehole” means a cylindrical opening created by the action of a drill or auger as it penetrates the subsurface greater than twenty feet in depth used to either extract or transfer heat from the earth for heating or cooling. This is also referred to as a geothermal well in the T.C.A. § 69-10-101 et seq.

“Closed Loop Installer” means a person who installs and grouts droplines or closed loops in closed loop geothermal boreholes. This may also be referred to as a looper.

“Commissioner" means the Commissioner of Environment and Conservation, the Commissioner’s duly authorized representative and, in the event of his absence or a vacancy in the office of Commissioner, the Deputy Commissioner of Environment and Conservation.

“Completion date of well" means the date that drilling equipment leaves or is removed from the well site. For closed loop geothermal borehole systems, the completion date of the borehole shall be the date of the drilling equipment is removed from the property.

"Completion of drilling" means the date that drilling equipment leaves or is removed from the well site. For closed loop geothermal boreholes, the completion of drilling shall be the date that the drilling equipment is removed from the property.

"Consolidated rock" means rock that is firm and coherent, solidified or cemented, such as granite, gneiss, limestone, slate or sandstone, which has not been decomposed by weathering.

"Contamination" means the act of introducing into water foreign materials of such nature, quality, and quantity as to cause degradation of the quality of the water.

"Department" means the Department of Environment and Conservation.

"Director" means the Director of the Tennessee Division of Water Resources.

"Domestic use" means the use of water for drinking, bathing, or culinary purposes.

“Drill” means to dig, drill, re-drill, construct, deepen or alter a well.

“Driller” means any person with knowledge and skill gained through practical experience in drilling operations who manages or supervises the digging, drilling, or redrilling of a well or borehole.

“Dropline” in the context of closed loop geothermal boreholes means the u-bend closed loop piping material placed in a closed loop borehole to circulate a liquid to transmit heat to a geothermal exchange unit. In the context of water wells the “dropline” means the piping which conveys water obtained from the water well to land surface.

“Employee” means a person hired by the license holder under the Act to work for wages or salary where the license holder has submitted for such person, a notarized affidavit of supervision.

“Experience” means the skill and knowledge derived from the actual direct participation and practice gained in a specific occupation. For drillers, experience includes the skill and knowledge gained in operating drilling equipment to drill and construct a well or closed loop geothermal borehole. For installers, experience includes the skill, knowledge and actual direct participation in determining the equipment required and installing equipment either in or on wells or closed loop geothermal boreholes. Such skill and knowledge must qualify the individual to deal with circumstances and problems that may be encountered by an occupation.

“Geothermal well” means a hole drilled into the earth, by boring or otherwise, greater than twenty feet in depth constructed for the primary purpose of adding or removing British Thermal Units (BTU) from the earth for heating or cooling. This is also referred to as a closed loop geothermal borehole.

“Grout" means a stable, impervious, minimum shrinkage bonding material that is capable of producing a watertight seal required to protect against the intrusion of contamination.

“Inactive well” means any well not in use and does not have functioning equipment, including bailers, associated either in or attached to the well.

“Installation of pumps" means the procedure employed in the placement and preparation for operation of pumps and pumping equipment in water wells, including all construction involved in making entrances to the well and establishing seals.

“Installer” means any person who installs or repairs well pumps or who installs filters or water treatment devices.

"Liner casing" means pipe that is installed inside a completed and cased well for the purpose of sealing off undesirable water or for repairing ruptured or punctured casing or screens.

“Log” means a record of the consolidated or unconsolidated formations penetrated in the drilling of a well, and includes general information concerning construction of a well.

“Monitoring well” means a hole drilled into the earth, by boring or otherwise, constructed for the primary purpose of obtaining information on the elevation or physical, chemical, radiological or biological characteristics of the ground water and/or for the recovery of ground water for treatment.

"Overburden” means unconsolidated earth material that overlies consolidated rock material.

“Open loop borehole” means a water well designed to produce source water above land surface to provide heat transfer to a geothermal unit.

"Person" means any individual, organization, group, association, partnership, corporation, limited liability company, utility district, state or local government agency or any combination of them.

"Pit" means a cavity or hole in the ground, the bottom of which is below the level of the surrounding turf.

"Pitless Adapter" or "pitless unit" means a device specifically manufactured for the purpose of allowing a below ground lateral connection between a well and its plumbing appurtenances.

"Potable water" means water that is not brackish or saline and does not contain total coliform bacteria or chemical constituents in such quantity or type as to render the water unsafe, harmful or generally unsuitable for human consumption.

“Production of water” means withdrawing water from the ground for beneficial use.

(a) Wells for the production of water include, but are not limited to, the following:

Borings that are used to locate, divert, withdraw, develop or manage ground water supplies for beneficial uses;
Test holes drilled to determine the availability of water supplies for beneficial uses; and 3. Wells drilled to supply water for ground water open loop heat pumps and air conditioners.

(b) The following are not wells for the production of water as used in these rules:

Post holes;
An excavation for the purpose of obtaining or prospecting for oil, natural gas, minerals other than water, products of mining and quarrying;
Injection wells regulated under Chapter 0400-45-06 of the rules of the Water Quality Control Board;
Cathodic protection wells;
Wells used for dewatering purposes in construction work;
Monitor wells, geographical test borings and piezometers that are regulated by rules of the Water Quality Control Board or otherwise by the Department;
Ponds, pits, sumps and drainage trenches;
Contaminant recovery wells otherwise regulated by the Department; and 9. Closed loop geothermal boreholes.

"Pumps and pumping equipment" means any equipment or materials utilized or intended for use in withdrawing or obtaining ground water, including well seals in a water well. Closed loops or droplines installed in closed loop geothermal boreholes are not considered pumping equipment.

"Recovery well" means any well constructed for the purpose of removing contaminated groundwater or other liquids from the subsurface.

"Repair" means work involved in deepening, reaming, sealing, installing, or changing casing depths, perforating, screening, or cleaning, acidizing, or redevelopment of a well excavation, or any other work which results in breaking or opening a well seal.

"Standard Dimension Ratio (SDR)" means the quotient obtained when the outside diameter of thermoplastic well casing is divided by the wall thickness.

"Static water level" means the level at which the water stands in the well when the well is not being pumped and is expressed as the distance from a fixed reference point to the water level in the well.

"Supervision" means the act of directing and managing full or part time unlicensed employees engaged in the business of constructing wells, or installing pumps, closed loops in closed loop geothermal boreholes or installing water treatment devices on wells.

“Water Treatment Equipment” means any equipment, devices or filters utilized in altering the characteristics or quality of ground water for its intended use.

“Water Well” means a hole drilled into the earth, by boring or otherwise, for the production of water.

“Well” means one of the three types of holes in the earth: geothermal well, a monitoring well, or a water well.

“Well closure” means the act of backfilling and sealing a well either active or abandoned in accordance with well abandonment standards.

"Well construction" means all acts necessary to construct a well including, but not limited to the location and excavation of the borehole; placement of casings, screens and fittings; development and testing.

“Well development" means the procedures used to remove mud or fine material from the drilled borehole, to correct any damage to the aquifer that occurred during drilling a water well and to improve the water passageways into the well from the aquifer.

"Well driller" means an individual, firm or corporation engaged in the business of constructing wells.

“Wellhead" means the upper terminal of the well including adapters, ports, valves, seals, and other attachments.

“Well owner” means the person who owns the real property on which a well exists or is to be drilled provided however, in the case of any monitoring well or remediation required by the Department or the Commissioner, the well owner shall be the person responsible for such monitoring or remediation.

“Well seal" means an approved arrangement or device used to cap a well or to establish and maintain a junction between the casing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the well at the upper terminal.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.02 REQUIREMENTS

Applicants for driller’s and installer’s licenses shall meet the following requirements to qualify for licensing under the Act:

(1) Be at least 18 years of age;

(2) Have a minimum of two (2) years experience, prior to the date of application, working in the occupation for which a license is being sought;

(3) Complete grade 10 in high school or submit proof of equivalent achievement demonstrated by successful completion of approved short courses or written examinations. Up to four years of full-time employment may be substituted for equal years of education. This shall be in addition to the experience requirements in paragraph (2) of this rule; and (4) Pass an examination as prescribed by the Board.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.03 SATISFACTORY PROOF OF EXPERIENCE

Satisfactory proof of experience shall consist of either of the following methods.

(1) A list of ten (10) wells the applicant has constructed or worked on during a minimum of the last two years prior to the date of making the application for a license. The information shall include for each well the following:

(a) Name and address of the owner or owners of each well;

(b) Location and intended use of each well;

(d) Date of completion; and (e) Work done by applicant and approximate customer cost.

(2) Copies of occupational licenses or certificates covering two years and indicating that the applicant has been engaged in the occupation for which a license is being sought.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.04 APPLICATIONS

(1) All applications for licensing shall be submitted to the Director on the form prescribed by the Board and provided by the office of the Director.

(2) An application will not be accepted for processing unless the application is complete, accompanied by the fee required, and signed by the applicant. The following fee schedules are assigned for each license application and renewal of license category:

Water Well Driller License (W) $100 Monitor Well Driller License (M) $100 Geothermal Driller License (G) $100 Geothermal Borehole Only Drilling License (B) $100 Well Closure License (C) $100 Pump Installer License (P) $50 Water Treatment Installer License (T) $50 Close Loop Installer License (L) $50 (3) No fee received with an application will be returned. This includes the fee received from an applicant who fails to pass an examination or meet the requirements of paragraphs (1), (2) and (3) of Rule 0400-45-09-.02.

(4) The individual who signs the application must meet the requirements of Rule 0400-45-09-.02 and paragraph (1) of Rule 0400-45-09-.05.

(5) Applicants who do not meet the requirements of paragraph (1), (2) and (3) of Rule 0400-45- 09-.02 will be notified that their application has been denied and the reasons therefore.

(6) Any person whose application has been denied may request in writing to the Board within thirty (30) days of receipt of the letter of denial, an informal meeting with the Board for the

purpose of explaining, or supplementing the application. Based on the person’s explanation, the Board may accept the application for processing.

(7) An applicant whose application has been denied may not file a new application for a period of thirty (30) days following the date of the letter of denial. A new application must be resubmitted with the required application fee.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.05 EXAMINATIONS

(1) All applicants who meet the requirements of paragraphs (1), (2) and (3) of Rule 0400-45-09- .02 will be required to take a written examination and thereafter appear before the Board for an interview.

(2) Written examinations to be given to applicants shall be approved by the Board.

(3) Applicants admitted to the written examination will be required to take a general examination related to borehole construction standards and related subjects including basic ground water hydrology. Closed loop installer applicants are not required to take a general exam. All applicants will be required to take one or more specialty examinations designed to test the competence and ability of the applicant to perform the work of a driller or installer. The specialty examinations may include, but are not limited to, the following:

(a) For Driller applicants:

Cable tool drilling;
Air rotary drilling;
Mud rotary drilling;
Reverse Circulation;
Monitor well;
Geothermal well drilling for closed loop geothermal boreholes; and 7. Well closure and abandonment.

(b) For Installer applicants:

Pump installation for water wells;
Installation of water treatment devices; and 3. Closed loop installation for closed loop geothermal boreholes.

(4) Examinations shall be offered at least four times annually in a manner and at a time and place prescribed by the Director. Applicants will not be allowed to carry any reference materials into either the written examination room or oral interview area. Each examination shall be monitored by such person(s) as may be designated by the Director, or by one or more members of the Board. No persons, other than members of the Board, monitors, and examinees will be permitted in the room while the written examination is being administered.

(5) The grade scored by each applicant on the written examination shall be posted in the space provided upon the examinee’s application form. Each applicant will be notified of his or her grade scored on the examination by first-class mail, sent to the address appearing on the application.

(6) A minimum grade of seventy (70) percent on the general and seventy (70) percent on any other specialty exam category is required to pass the written exam, and be eligible for an interview with the Board. Individuals whose license or combination of licenses have been revoked, refused to renew or suspended must retake and pass all applicable exams.

(7) A person failing an examination may apply for reexamination the next time examinations are offered by the Department, but no sooner than thirty (30) days from the date of the previous examination.

(8) Interviews of applicants will be conducted in accordance with paragraph (2) of Rule 0400-45- 10-.05.

(9) Based on the applicant’s answers to the questions in the interview, each Board member will vote for or against issuance of a license to the applicant. An applicant must receive a passing vote from a majority of the quorum present to be recommended for licensing.

(10) Applicants who pass both the written exam and interview with the Board will be recommended for licensing to the Commissioner.

(11) Holders of Tennessee Water Well Driller License who apply for a monitor or geothermal driller license before January 1, 2004, will not be required to appear for an oral interview provided they pass the required geothermal or monitor specialty exam.

(12) Experience as required in Rule 0400-45-09-.03 obtained in monitor well drilling or water well drilling by all applicants will satisfy the requirements of experience required for a geothermal well driller’s license.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09. Amendment filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-09-.06 LICENSES

(1) Issuance. An applicant recommended by the Board and approved by the Commissioner or the Commissioner’s designee shall be issued a license to engage in the type of business for which he has applied and has demonstrated a satisfactory level of competency to perform.

The Commissioner or the Commissioner’s designee may issue a restrictive license, which may allow a license holder to operate under limited conditions such as well closure operations only.

(a) Driller applicants shall be issued either one or combination of four licenses:

A water well driller license to construct wells for the production of water, (W for water wells).
A geothermal well driller license to drill closed loop geothermal boreholes and install closed loops in closed loop geothermal boreholes, (G for geothermal).
A monitor well driller license to construct wells for monitoring ground water, (M for monitor).
A well closure license to close and abandon wells, (C for well closure and abandonment).

(b) Installer applicants shall be issued one or a combination of three licenses:

A license to install pumps on water wells, (P for pump installation on water wells).
A license to install closed loops or droplines for heat transfer in closed loop geothermal wells, (L for closed loop or dropline installation in closed loop geothermal boreholes).
A license to install water treatment on water wells, (T for Treatment on water wells).

(c) A wallet-sized card bearing the name of the licensee, type or class of license, expiration date, license number and signature of the Commissioner or the Commissioner’s designee will be issued to the licensee and shall be carried on the person whenever engaged in the well or drilling contracting or installer business.

(d) All licenses issued pursuant to these rules shall be valid for a period not to exceed one year and shall expire on July 31 following the date of issuance.

(e) Reciprocity to drillers and installers licensed in other states will be granted by the Department provided the applicant makes a written request for reciprocity and the applicant meets the requirements of the written exam as required under paragraph (6) of Rule 0400-45-09-.05, the applicant is currently licensed in the state for the same category and in good standing in that state and reciprocal privileges have been granted by that state to a licensee in Tennessee. An oral interview will not be required.

(f) A licensee shall not allow any individual to operate under his license unless the individual to be supervised by the licensee is employed by the licensee and holds an installer or rig operator card. Proof of employment must be on file with the Department prior to commencement by the employee of any activities requiring supervision. Proof of employment shall consist of a notarized Affidavit of Supervision.

(g) All persons licensed by the Department under these rules shall keep the Department advised of their current address and must readily accept all mail sent to them by the Department.

The Department shall be notified of any change of address, phone number, company name or addition of a company name within thirty (30) days of the change.
For purposes of these rules, registered or certified mail sent with proper postage to the licensee’s last known address shall be considered adequate notification regardless of whether it is accepted or returned unclaimed.
Because of the Department’s duty to supervise license holders and because written communication is a necessary aspect of such supervision, a licensee’s refusal to accept mail or failure to claim registered or certified mail is a violation of these regulations and may result in enforcement action.

(h) All holders of licenses shall, when requested by the Director, give twenty-four (24) hour advance notice to the Division of Water Resources upon which any well construction or reconstruction for any part thereof, any well closure, well development or the installation of any pumping equipment or water treatment devices shall take place.

This notification shall include the owner’s name, address and location of the work site.

(i) In order to renew any license or combination of licenses, the licensee shall submit to the Commissioner satisfactory proof of the required credit hours of training approved by the Board of Ground Water Management or Director completed during the previous license year. Five (5) credit hours will be required to renew any license for the license period beginning August 1 through July 31 of the following year. First year license holders not previously licensed for any installer or driller category will not be required to obtain continuing education credits for their first year of renewal. Second and subsequent year license holders will be required to obtain continuing education credits thereafter to renew a license or combination of licenses.

(j) Approved training shall be designed to improve, advance or extend the licensee’s professional skill and knowledge relating to the ground water industry such as well drilling, pump installation and water treatment courses. Training may consist of any of the following, provided there is satisfactory proof of completion acceptable to the Commissioner or Board:

Courses, seminars, workshops or lectures;
Extension studies and correspondence courses;
Papers published in professional journals and requiring peer review;
Lectures and scheduled courses at national or regional meetings of the National Ground Water Association, Tennessee Water Well Association or its successors;
College-level or postgraduate course work given by accredited college or university.
Assignment of Credit (i) For courses for which continuing education units (CEUs) have been assigned, one CEU is equal to fifty minutes of instruction, that is approved by the Board;

(ii) Credits shall be approved on an hour for hour basis for attendance at an approved training program;

(iii) Credits are approved on a two for one hour basis for the instructor of an approved program;

(iv) One credit hour is approved for attendance at the annual National Ground Water Association Convention or South Atlantic Jubilee;

(v) One credit hour is approved for attendance at a state association convention;

(vi) Credits are approved on a credit hour for credit hour basis for a course, seminar or workshop approved by the National Water Well Association for continuing education;

(vii) Credit hours may not be carried over to a new CEU cycle.

Procedures for Approval of Activities (i) Activities submitted for approval shall be on a form provided by the Director and shall include the following information:

(I) Description of course or activity matter;

(II) Length of activities in hours;

(III) Name of instructor and qualifications;

(IV) Date, time and location.

(ii) A change in subject matter, length or instructor requires approval by the Director.

Proof of Continuing Education (i) The licensee is responsible for the submission of proof of all approved training. Inability of the applicant to substantiate credit hours submitted is grounds for disallowance of the credits in question.

(ii) Proof of continuing education consists of:

(I) Official transcripts from educational institution;

(II) A certificate or other documentation signed by the instructor or sponsor of the training attesting to the satisfactory completion of the training;

(III) Other documentation determined by the Director in light of the nature of training, to establish that training was actually received by the applicant.

(iii) A licensee who fails to satisfactorily complete the required continuing education credits due to an unusual event such as an incapacitating illness or similar unavoidable circumstances may make a written request to the Board of Ground Water Management for an extension of time. The board may set conditions as deemed appropriate to renew a license. All requests by licensees for an extension of time must be made in writing with supporting documentation.

(2) Renewal. Before a license can be renewed, a license holder in good standing must file an application for renewal on a form made available by the Director and submit with the completed application the annual fee as specified in the Act and continuing education credits on or before July 31 of each year.

(a) Upon approval by the Commissioner a renewal license will be issued for a period not to exceed one year and shall expire on July 31.

(b) A renewal certificate shall consist of a wallet-sized card in duplicate containing at least the name of the license, type or class of license, license number, expiration date and signature of the Commissioner or the Commissioner designee. One section of the card shall be kept with the original license certificate and the duplicate shall be carried by the licensee whenever engaged in the water well business.

(c) If the application and fee for renewal of a licensee is not received by the Director by the date of expiration, that license cannot be renewed and the license holder must file a new application to obtain a valid license.

(d) A duplicate license to replace any lost, destroyed or mutilated license will be issued by the Director upon receipt of written request from the licensee and a payment of fifteen dollars ($15) to cover the cost of reissuance.

(e) If a licensee’s employees will at any time be in charge of well or borehole construction, or pump or water treatment installation, or closed loop installation in the absence of the licensee, he shall request the Director to issue a wallet-sized identification operator card for them. This card shall bear the name of the employee to whom it is being issued and the signature and license number of the licensee under whose supervision the work is being performed. The card shall be carried by the licensee’s employee at all times at the work site.

(f) A decal shall be issued for identification purposes for each drilling rig, water truck, pump truck, and water treatment equipment vehicle used by a drilling contractor or installer. The decal shall be prominently displayed where it can be seen at all times from outside the vehicle.

(g) Decals furnished for drilling rigs and service vehicles are not transferable. The decals shall be removed and destroyed when a drilling rig or service vehicle is sold, traded or otherwise disposed of. A new decal for a newly acquired drilling rig or service vehicle will be provided without cost upon receipt of a written notice of acquisition of a different drilling rig or service vehicle.

(h) All drill rigs, water trucks, pump trucks, and water treatment equipment vehicles used by drillers and installers shall be permanently and prominently marked on the driver side door of the rig or vehicle for easy identification with the company name or name of the license holder. The letters shall be bold in print, on a background of contrasting color, and not less than two (2) inches in height. Portable magnetic signs will not be allowed unless the signs are permanently attached to the vehicle.

(i) If the application, renewal fee or requirements for continuing education are not received by the Director by the date of expiration, the license shall expire. Expired licenses may be reissued without examination or board appearance if the renewal fee and application are submitted within twelve (12) months of the date of expiration, all requirements for continuing education have been met and no additional monies are owed to the Department.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09. Amendment filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-09-.07 SUSPENSION AND REVOCATION

(1) The Commissioner may suspend or revoke a license or operator card and/or refuse to issue or renew a license or operator card if he finds that the applicant for, or holder of such license:

(a) Has intentionally made a material misstatement in the application for such license;

(b) Has willfully violated any provision of this chapter or any rule or regulation promulgated pursuant thereto;

(d) Has been guilty of fraudulent or dishonest practices;

(e) Has demonstrated a lack of competence as a driller of wells or as an installer;

(f) Has failed to comply with an order or assessment issued by the Commissioner; or (g) Has been convicted of a felony.

(2) A holder of a license which has been revoked in accordance with this rule, after a waiting period of not less than one (1) year after the license was revoked, may petition the Commissioner for a hearing for reinstatement of his license.

(3) Upon suspension, revocation or non-renewal of a license or combination of licenses, the Commissioner may with advice from the Board, impose such terms and conditions as in his judgment shall be considered just.

(4) Any person whose license is suspended, revoked or non-renewed shall not perform the duties of a well driller or installer in the State of Tennessee, or work under the supervision of a licensed driller or installer.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.08 ROLE OF COMPLAINTS IN ENFORCEMENT DECISIONS RELATED TO

LICENSEES.

(1) In making determinations as to whether to issue an order for corrective action, a penalty assessment, or a license revocation, the Commissioner may utilize information obtained from complaints by any persons.

(2) The Board may utilize its expertise to evaluate any complaints received from the public. The Board may then make a recommendation to the Commissioner as to what enforcement options are appropriate.

(3) In reaching these conclusions about enforcement action, the Commissioner and the Board may, in addition to any other investigation conducted by the Division, interview both the complainant and the licensee who is the subject of the complaint.

(4) If a licensee takes action to correct any violation of the Act or rules that is the subject of a complaint, such action and the degree of the effectiveness of the action are factors to be considered by the Commissioner and the Board in their decisions regarding appropriate enforcement action.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.09 APPEALS

Any person whose application is denied for any reason may request a review of the denial in accordance with the provisions of the Uniform Administrative Procedures Act (T.C.A. §§ 4-5-101 et seq.) by filing that request with the Commissioner within thirty (30) days of receipt of the denial.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.10 WELL CONSTRUCTION STANDARDS

These rules will apply solely to wells constructed for the production of water from underground sources and have no application to wells constructed for quarry blast holes or mineral prospecting, or any purpose other than production of water.

(1) Requirements (a) No person shall construct, reconstruct, or repair, or cause to be constructed or reconstructed or repaired any water well; nor shall any person install, repair, or cause to be installed or repaired any pump, pumping equipment, water filter or water treatment device to be used on a water well except in accordance with the provisions of the Wells Act (T.C.A. §§ 69-10-101 et seq.) and these rules.

(b) Every well driller, within sixty (60) days after completion of a water well, shall submit a report on the construction or reconstruction of the well to the Department. The well completion report shall be made on a form provided by the Department or a reasonable facsimile approved by the Department.

(c) A Notice of Intent to drill a water well must be submitted by the property owner or the licensed well driller to the Director in the manner prescribed by the Department, prior to commencement of drilling a water well in Tennessee. The licensed driller is required to have sufficient documentation that a Notice of Intent was submitted to the Division of Water Resources before beginning operations at a drill site. Sufficient documentation for a Notice of Intent being filed may include one of the following:

Fee receipt of the Notice of Intent.
Confirmation number of the Notice of Intent or other approved format approved by the Director and issued by the Department.

(d) The Notice of Intent fee or copy of the receipt for a Notice of Intent fee shall accompany the submission of the driller’s report. No well or borehole shall be drilled unless the driller has documentation that a Notice of Intent has been filed. All well reports shall be submitted with documentation of the Notice of Intent fee being paid.

Documentation of the fee being paid shall consist of the receipt originating from a Notice of Intent or money collected and enclosed with the original driller’s report by the driller for the Notice of Intent. A Notice of Intent and fee is not required for well closure, deepening or reworking any water well or closed loop geothermal borehole. The amount of the Notice of Intent fee shall be reviewed by the Department at least every five (5) years and shall currently be scheduled as follows:

Water wells for production of water per property site $75 (e) The requirement to furnish the Department a Notice of Intent fee payment shall not apply to water wells drilled in any local jurisdiction which is authorized, by private act or pursuant to the provisions of an adopted “home rule” charter, to regulate the location and construction of these wells and which has established a fee for the inspection of both geothermal and water wells approved by the Commissioner.

(f) A Notice of Intent fee shall not apply to any property owner, who within the past five years has filed a notice of intent and paid the fee for the same property. The property owner or driller must identify on the new Notice of Intent submitted for the property the identification number from the first Notice of Intent fee submitted.

(g) Checks returned for insufficient funds will be charged an established check processing fee and the Division will seek payment from the individual responsible for writing the check.

(h) A Notice of Intent shall expire one hundred and eighty days from the original date filed by the well driller or homeowner.

(i) When strict compliance with these standards is impractical, the driller or installer shall make application to the Department for approval of an alternative standard prior to the work being done. The Department may grant the request for an alternative standard if it determines the proposed standards offer an equivalent or higher level of protection to the environment. In an emergency or in exceptional instances, the Department will respond to a verbal request provided the applicant submits a written application within ten (10) days of the verbal application.

(j) Every well driller or person holding a well closure license, within sixty (60) days of abandonment of a water well, shall submit a report of the abandonment of the well or borehole to the Department. The abandonment report shall be made on a form provided by the Department or a reasonable facsimile approved by the Department.

The report shall include the same information as required on the completion report and shall include specific information on how the well was closed and the placement and type of backfill placed in the well bore. The abandonment report shall be signed by the licensed driller or person holding a well closure license. All well closure reports shall include a diagram showing the location and distance in feet of the closed well from one specific landmark and septic system or sewer systems on the property.

(2) Location (a) The construction of a water well is prohibited at other than a safe distance from any known potential source of contamination. The minimum safe distances shown in Table A shall apply for the sources of contamination listed therein.

(b) A water supply well may be constructed in an area subject to flooding provided the top of the water tight casing extends not less than two (2) feet above the one hundred (100) year flood plain.

A well located adjacent to a building shall be so located that the center line of the well extended vertically will clear any projection from the building by not less than five (5) feet.
New wells shall not be constructed in pits or basements.

(d) New wells shall not be located closer than ten (10) feet from a property line. New wells located from ten (10) feet to twenty-five (25) feet from a property line shall require a minimum of thirty-five (35) feet of casing installed below land surface with impervious material such as cement grout or bentonite chips, tablets or bentonite grout backfilled in the annular space to a depth of thirty-five feet.

TABLE A

MINIMUM DISTANCES TO SEPARATE WATER WELLS

FROM POTENTIAL SOURCES OF CONTAMINATION

SOURCES OF CONTAMINATION MINIMUM DISTANCES

Animal pens or feed lots 100 feet Leaching Pits; sewage lagoons 200 feet Pit Privys 75 feet Sewer lines 50 feet Sludge and septage disposal sites 100 feet Septic tanks and drain fields 50 feet House to septic tank connections, if the line is tight 10 feet House to sewer line, if the line is tight 10 feet (3) Source of Water Supply (a) The source of water for any well shall be at least nineteen (19) feet below the surface of the ground.

In the event that no other ground water source is available, a source of less than nineteen (19) feet deep may be developed provided that:

(i) Prior to the installation of the casing in the well, the Division of Water Resources Central Office is notified by phone regarding:

(I) County and street address of the well (II) Name and phone number of the well owner (III) Street address of owner if different from address of the well (ii) A minimum of ten (10) feet of casing is installed below ground surface.

(iii) The well is sealed from land surface to a minimum ten (10) feet below ground with either cement grout or bentonite.

(iv) The owner of the well is advised by the driller concerning the development of a water bearing zone less than nineteen (19) feet deep by sending a written report to the homeowner and to the Division, at the time the completion report is submitted, containing the following advisory:

(I) The owner may need to place a chlorinator on the well to treat the water for potential problems with microbiological contamination.

(II) A shallow water bearing zone may be more subject to surface contamination surrounding the well and the well yield may diminish over time.

(III) The homeowner should provide a copy of the report and disclaimer to any prospective buyer prior to any resale of the property where the well is located.

(b) The driller shall develop the most favorable water-bearing zone(s) and seal off any source(s) of less desirable quality.

(c) It shall be the duty of any person attempting to construct a water well to seal off salt water, oil, gas, or any other fluid or material which might contaminate a source of fresh water.

(4) Drilling Fluids for Water Wells (a) Water used during the construction of a water well shall be obtained from a public water supply, water well or protected spring box. Water taken from ponds, lakes, streams or other surface sources shall not be used.

(b) All water used shall also be treated with enough liquid bleach or hypochlorite granules to retain a free chlorine residual of at least two (2) parts per million.

(c) The driller shall denote on the water well report submitted to the Department from what source his drilling process water was obtained.

(d) Drilling fluids and additives shall be materials specified by the manufacturer for use in water well construction and approved by the Department.

(e) During the course of drilling a water well with air rotary equipment, a minimum of one (1) gallon of water per minute must be injected or added into the air stream. The amount of water injected shall be sufficient to control dust and to keep the hole cleaned out.

(f) The amount of rock drill oil used to lubricate down hole drilling hammers shall not exceed hammer manufacturer's recommendations. The oil used to lubricate the hammer shall be specifically designed for that purpose.

(g) Petroleum based products or byproducts spilled or leaked from a drill rig or pump truck in any quantity greater than one (1) quart shall be removed from the area within a twenty-five (25) foot radius around the well by the driller or installer responsible for the spill before the drill rig or pump truck leaves the site.

(5) Casing (a) Wells drilled for the production of water shall be cased with watertight casing extending from at least nineteen (19) feet below the land surface to a minimum of six (6) inches above land surface. For wells located in areas subject to flooding, see subparagraph (2)(b) of this rule. For water sources less than nineteen (19) feet deep see subparagraph (3)(a) of this rule.

The watertight casing in wells constructed to obtain water from a consolidated rock formation shall be firmly seated and sealed below all crevices that release inferior quality water or mud into the well or to a depth of at least five (5) feet below the top of the consolidated rock whichever is greater.
The watertight casing in wells constructed to produce water from an unconsolidated aquifer (such as saturated gravel or sand) shall extend at least to the top of the aquifer or to a depth of nineteen (19) feet which ever is greater.

(b) Except as otherwise specified in these regulations, the permanent well casing shall:

Casing shall be new or in like new condition. Such casing or pipe shall not be used unless free of leaks, corrosion, and dents; is straight and true, and not out of round, seamless or welded, black or galvanized steel pipe conforming to the weights and dimensions given in Table B and meeting the American Society for Testing and Materials (ASTM) Standards A53-87b or A589-85. Reject pipe shall not be used;
Have watertight joints that may be welded, or threaded and coupled; and 3. Be equipped with a drive shoe if the casing is to be driven.
Pipe sizes that are not listed in Table B and are less than ten (10) inches in diameter shall match listed values as closely as possible.
Pipe sizes that are ten (10) inches in diameter or larger shall be Schedule 20 pipe as a minimum.

TABLE B

MINIMUM DIMENSIONS AND WEIGHTS FOR WATER WELL CASING

Diameters in inches Minimum Wall Thickness in Inches Weight in Pounds per foot External Internal in Inches Plain Ends Only 3.500 3.250 0.125 4.51 4.000 3.732 0.134 5.53 4.500 4.216 0.142 6.61 5.500 5.192 0.154 8.79 6.000 5.672 0.164 10.22 6.625 6.255 0.185 12.72 8.625 8.249 0.188 16.90 (c) Thermoplastic well casing may be installed in wells constructed to obtain water from unconsolidated aquifers (such as saturated gravel, sand or overburden) provided:

The casing is new;
The casting meets or exceeds the requirements of ASTM Standard F-480-88 and bears the NSF (National Sanitation Foundation) seal in each section of casing;
The Standard Dimension Ratio (SDR) shall not exceed 26;
The casing is installed after the borehole has been drilled to the final depth of the finished well, and no additional drilling takes place after the casing has been installed; and 5. Joints shall be solvent cemented with a quick-setting cement, or threaded and coupled.

(d) In areas where the water is obtained from overburden above the consolidated rock surface, the casing shall be set at or just above the consolidated rock. A screen may be attached to the bottom of the casing or the lowermost few feet of the casing may be slotted or perforated to allow water to enter the well provided the top of the screen or the topmost perforation in the casing is at least 20 feet below land surface. The completed well shall be finished so that extraneous material such as sediment cannot enter the well.

(e) Water well casing shall extend a minimum of six inches above the finished land surface unless, site conditions dictate that the well head will be better protected below ground surface and the upper terminus is constructed in the following manner:

The casing is terminated just below ground surface in a watertight manhole cover.
The manhole cover lid and skirt shall be all cast steel or aluminum construction.
The manhole cover shall have a sufficient diameter to use a well cap below the manhole lid.
The manhole shall be secured by a concrete pad two inches thick and no less than 24 inches in diameter.
The manhole cover shall be equipped with a positive drain to an area where water cannot enter from flooding or where excessive runoff could back up through the drain to the well head. The drain may be located in the basement area of a house.
The manhole cover shall be clearly marked on the cover as a “water well”.
Construction techniques for casings cut off below ground level shall conform to the drawing in figure 1.

Manhole Cover W ater Line Electrical Conduit Drain Concrete Pad Surface 2"

Thick 24" in Diameter 12" x 12"

W atertight, C ast S teel or Aluminum Skirt and Manhole Cover BELOW GROUND SURFACE W ELL HEAD CONSTRUCTION Figure 1 (f) The upper terminus of the well head shall be capped with a watertight well seal or cap specifically designed for capping the well.

(6) Backfilling and Grouting (a) The grout material used in the backfilling or grouting of a water well shall consist of a mixture of Portland Class A cement or quick setting cement in a ratio of not over six (6.0) gallons of water per ninety-four (94) pound sack of cement, or a high solids mixing bentonite grout with a minimum of 20% solids and a weight of no less than nine and two tenths (9.2) pounds per gallon as measured by a standard mud balance. The use of bentonite, in chip or tablet form, ranging in size from one-quarter inch (1/4) to threequarters of an inch (3/4) will be allowed as an alternate seal to slurry grouting. The bentonite shall be mixed and applied in accordance with the manufacturer’s recommendations. The use of low solids bentonite drilling clay designed for use as a drilling fluid to form a filter cake on the side walls of the borehole and to increase viscosity of water) is prohibited for use as a grout or sealing material except as an additive. Only bentonite grout, bentonite tablets, or bentonite chips approved by the National Sanitation Foundation (NSF) or American National Standards Institute (ANSI) certified parties as meeting NSF product standard 60 or 61 shall be approved by the Department as appropriate grouting or sealing material.

(b) For wells completed with either steel or plastic well casing, the annular space between the casing and borehole wall of the well from a depth of three (3) feet to ten (10) feet below land surface shall be backfilled with an impervious material of either cement grout or bentonite as defined in subparagraph (a) of this paragraph. The remaining annular space between the casing and borehole wall shall be backfilled with an impervious material or combination of materials such as cement, bentonite, sand, puddled clay or well cuttings. However, the department recommends that the remaining annular space between the casing and the borehole wall of the well to the bottom of the watertight casing, be filled with the same grout or sealing material used from three to ten feet.

(c) Placement of the backfill material shall be done in such a way that there are no bridges or gaps in the annulus. The top of the backfill material shall remain level with the land surface surrounding the well.

(d) If bentonite is used for backfill, it shall be placed in accordance with the manufacturer’s recommendations. For example, the product “Holeplug” from Baroid requires the annular space in a well to be one and one half inches (1-1/2”) in clearance or more when “Holeplug” three fourths inch (3/4”) is used. The annular space must be a minimum of three fourths inch (3/4”) in clearance in the event that “Holeplug” three eighths inch (3/8”) bentonite is used.

(e) If cement based grout or bentonite based grout is used for backfill, it shall be placed around the casing by one of the following methods:

Pressure The annular space between the casing and the borehole wall shall be a minimum of one and five-tenths (1.5) inches, and grout shall be pumped or forced under pressure through the bottom of the casing until it fills the annular space around the casing and overflows at the surface; or 2. Pumping The annular space between the casing and formation shall be a minimum of one and five tenths (1.5) inches and grout shall be pumped into place through a pipe or hose extended to the bottom of the annular space which can be raised as the grout is applied, but the grout pipe or hose shall remain submerged in grout during the entire application; or 3. Other The annular space between the casing and the borehole wall shall be a minimum of two (2) inches and the annular space shall be completely filled with grout by any method that will insure complete filling of the space, provided the annular area does not contain water or other fluid. If the annular area contains water or other fluid, it shall be evacuated of fluid or the grout shall be placed by the pumping or pressure method.

(7) Well Screens (a) Any water well finished in an unconsolidated rock formation shall be equipped with a screen or perforated pipe that will adequately prevent the entrance of soil or formation material into the well after the well has been developed and completed by the well contractor.

(b) The well screen shall:

Be of steel, stainless steel, plastic or other Department approved material and shall be of a strength to satisfactorily withstand chemical and physical forces applied to it during and after installation;
Be of a design to permit optimum development of the aquifer with minimum head loss consistent with the intended use of the well;
Have openings designed to prevent clogging and shall be free of rough edges, irregularities or other defects that may accelerate or contribute to corrosion or clogging; and 4. Be provided with such fittings as are necessary to seal the top of the screen to the watertight casing and to close the bottom. If the screen is installed through the casing, a packer, seal or other approved design shall be used to prevent the entry of ground water into the well through any openings other than the screen.

Water quality to the extent that intermixing of the waters would result in deterioration of the water quality in any aquifer or zone.
Static water levels that would result in depletion of water from any aquifer or zone, or significant loss of head in any aquifer or zone.

(8) Gravel-Packed Wells (a) In constructing a gravel-packed well:

The gravel shall be composed of quartz, granite, or similar rock material and shall be clean, rounded, uniform, water-washed and free from clay, silt, or other deleterious material.
The gravel shall be placed in the annular space around the screens and casing by any method that will insure accurate placement and avoid bridging or segregation.
The gravel pack shall have a minimum thickness of at least one-inch and shall be placed a minimum of nineteen feet below land surface.
The gravel shall be disinfected using water with a free chlorine residual of at least 50 parts per million (ppm).

(b) The gravel pack shall not connect aquifers or zones which have differences:

In water quality that would result in deterioration of the water quality in any aquifer or zone.
In static water levels that would result in depletion of water from any aquifer or significant loss of head in any aquifer or zone.

(9) Large Diameter Wells (a) Large-diameter bored or augered wells may be cased with concrete pipe provided such wells are constructed as follows:

The bore hole shall have a minimum diameter of six (6) inches larger than the outside diameter of the casing.
The annular space around the casing shall be filled with grout to a depth at least five feet below the static water level or twenty (20) feet below land surface, whichever is greater. The grout shall be placed in accordance with the requirements of subparagraph (6)(d) of Rule 0400-45-09-.10.
The annular space around the casing below the grout shall be completely filled with sand or gravel that has been disinfected with water containing a freechlorine residual of at least 50 parts per million (ppm).
The sand or gravel material shall be composed of quartz, granite, or similar rock material and shall be clean, rounded, uniform, water-washed and free from clay, silt, or other deleterious material.

(b) The wellhead shall be completed in the same manner as required for other watersupply wells.

(10) Well Development. Prior to completion of a well for water supply, the driller shall take all steps necessary to:

(a) Remove any mud, drill cuttings, or other foreign matter from the well that would render the well useless for its intended purpose;

(b) Correct any damage to the aquifer that might have occurred during drilling; and (c) Disinfect the well.

(d) Fracturing as an aid in water well development:

Fracturing includes the use of explosives, acid or pumping fluids or air into water well in an attempt to increase the yield of the well. General water well disinfection procedure with chlorine is not considered fracturing. A licensed driller shall supervise fracturing and submit a rework report for each site.
Water used in fracturing must be obtained from a public water supply, water well or protected springbox and chlorinated a minimum of two (2) parts per million chlorine residual prior to injection.
Wells located closer than fifty (50) feet from known sources of pollution shall not be fractured. Known sources of pollution include but are not limited to septic tanks field lines and sewers.
All packers set in a zone to be fractured by fluid or air must be placed at depths greater than fifty feet below land surface or a depth greater than twenty feet below the bottom of water tight casing, or whichever is greater in depth from land surface.
The driller shall submit a report of driller within sixty (60) days upon completion of fracturing the well reworking the well, and denote in the comments section the zone fractured, water used and amount of pressure induced on each zone.

(11) Wellhead Completion (a) The top of the casing shall be cut off smooth and level, be free from dents and cracks, and shall terminate at least six (6) inches above the land surface. All wells shall be capped with an approved well cap.

(b) Underground installations leading from the well shall employ a pitless adapter which does not require welding at the casing. Pitless units or adapters shall comply with the Water Systems Council’s Pitless Adapter Division (PAD) PAS-1 (6th Ed., March 1987) and shall bear the PAD symbol of certification or shall otherwise have been approved by the Department.

(c) Pitless units or adapters shall be constructed and installed so as to prevent the entrance of contaminants into the well or potable water supply, conduct water from the well, protect the water from freezing, and provide access to water system parts within the well.

(d) Surface drainage shall be diverted away from the well head so that water is not allowed to stand around the casing.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09. Amendment filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-09-.11 INSTALLATION OF PUMPS, FILTERS, AND WATER TREATMENT UNITS

Primary responsibility for compliance with the provisions set forth herein for the installation of water well pumps, filters and water treatment units rests with the installer of these devices.

(1) The capacity of the pump shall be consistent with the intended use and yield characteristics of the well.

(2) The pump and related equipment for the well shall be conveniently located to permit easy access and removal for repair and maintenance.

(3) The base plate of a pump placed directly over the well shall be designed to form a watertight seal with the well casing or pump foundation.

(4) In installations where the pump is not located directly over the well, the annular space between the casing and pump intake or discharge piping shall be closed with a watertight seal designed specifically for this purpose.

(5) The well shall be properly vented at the wellhead to allow for pressure changes within the well. The vent shall be screened to prevent entry of insects.

(6) Any suction line installed underground between the well and pump shall be surrounded by six (6) inches of impervious material such as cement, or encased in a larger pipe that is sealed at each end.

(7) All conduits, valves and other plumbing fixtures used to convey water from a water-supply well to any building or other outlet shall be installed in accordance with manufacturer’s requirements.

(8) All pressure tanks shall be installed above ground unless the tank is specifically designated by the manufacturer for below ground burial.

(9) The electrical wiring and equipment used in connection with the installation of a water well pump shall:

(a) Meet underwriters specifications;

(b) Be installed in accordance with the National Electrical Code or local codes and ordinances if the latter are more restrictive;

(d) Be served by an entirely separate circuit from other equipment.

(10) Water filters and water treatment units shall be installed and serviced to accommodate water quality problems as determined by physical, chemical or bacteriological evaluation or field test; and the function of the equipment shall achieve the results specified by the manufacturer. In servicing and installing treatment units the sanitation of the water supply shall be protected.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.12 DISINFECTION OF WATER SUPPLY WELLS

(1) All water wells shall be disinfected upon completion of construction, reworking, pump installation or repairs as follows:

(a) A chlorine solution shall be placed in the well in sufficient dosage to produce a chlorine residual of at least one hundred (100) parts per million (ppm) in the water standing in the well (see Tables C and D for the correct amount). A chlorine solution may be prepared by dissolving dry hypochlorite granules (trade names include HTH, Chlor- Tabs, etc.) in water or by liquid bleach (trade names include Clorox, Purex, etc).

(CAUTION: When working with chlorine, persons should be in a well ventilated place.

The powder or strong liquid should not come in contact with skin or clothing. Solutions are best handled in wood, plastic or crockery containers because metals are corroded by strong chlorine solutions).

TABLE C

QUANTITY OF DISINFECTANT REQUIRED TO PRODUCE A FREE CHLORINE RESIDUAL OF 100

PARTS PER MILLION (PPM) IN DRILLED WELLS.

Feet of Water Liquid Bleach (Clorox, Purex, etc.)

(5.25 % Chlorine)

Dry Granules (HTH, Clor-Tabs, etc.)

(70% Chlorine)

Feet of Wate r Well Diameter Well Diameter 4-inch 6-inch 8-inch 4-inch 6-inch 8-inch 1/4 cup 1/2 cup 1 cup 1 tab. 2 tabs. 1/2 oz. 20 1/2 cup 1 cup 1 pt. 2 tabs. 4 tabs. 1 oz. 20 30 3/4 cup 1 1/2 cups 1 1/2 pts. 3 tabs. 1 oz. 1 1/2 oz. 30 40 1 cup 1 pt. 1 3/4 pts. 4 tabs. 1 1/4 ozs. 2 ozs. 40 50 1 1/4 cups 1 1/4 pts. 1 qt. 5 tabs. 1 1/2 ozs 2 1/2 ozs 50 60 1 1/3 cups 1 1/2 pts. 1 1/4 qts. 6 tabs. 1 3/4 ozs. 3 ozs. 60 70 1 1/2 cups 1 3/4 pts. 1 1/2 qts. 1 oz. 2 ozs. 3 1/2 ozs. 70 80 1 3/4 cups 1 qt. 1 3/4 qts. 1 oz. 2 1/4 ozs. 4 ozs. 80 90 1 pt. 1 1/4 qts. 2 qts. 1 1/4 ozs. 2 1/2 oz. 4 1/2 ozs. 90 100 1 1/4 pt. 1 1/4 qts. 2 1/4 qts. 1 1/4 ozs. 3 ozs 5 ozs. 100 120 1 1/3 pts. 1 1/2 qts. 2 1/2 qts. 1 1/2 ozs. 3 1/2 ozs. 6 ozs. 120 140 1 1/2 pts. 1 3/4 qts. 3 qts. 1 3/4 ozs. 4 ozs. 7 ozs. 140 160 1 3/4 pts. 2 qts. 3 1/2 qts. 2 ozs. 4 1/2 ozs. 1/2 lbs. 160 180 1 qt. 2 1/4 qts. 1 gal. 2 1/4 ozs. 5 ozs. 2/3 lbs. 180 200 1 1/4 qts. 2 1/2 qts. 1 1/4 gal. 2 1/2 ozs. 6 ozs. 3/4 lbs. 200 250 1 1/2 qts. 3 qts. 1 1/2 gals. 3 1/4 ozs. 1/2 lb. 1 lbs. 250 300 2 qts. 1 gal. 1 3/4 gals. 5 ozs. 2/3 lb. 1 lbs. 300 400 2 1/2 qts. 1 1/4 gal. 2 1/4 gals. 6 1/4 ozs. 3/4 lbs. 1 1/2 lbs. 400 500 2 3/4 qts. 1 1/2 gal. 2 3/4 gals. 1 lbs. 2 lbs. 500 Measures: 2 cups = 1 pint (pt) 7 tablets = 1 ounce (oz) 2 pints = 1 quart (qt) 8 ounces = 1/2 pound (lb) 4 quarts = 1 gallon (gal) 16 ounces = 1 pound (lb)

Equations for calculating amount of disinfectant required to chlorinate drilled wells with diameters larger than 8 inches:

Pints of liquid bleach = D h  10 Ounces of dry granules = D h  9 where: D = Diameter of well in feet h = height of water above bottom of well in feet.

TABLE D

QUANTITY OF DISINFECTANT NEEDED TO PRODUCE A FREE CHLORINE

RESIDUAL OF 100 PARTS PER MILLION (PPM) IN

DUG OR BORED WELLS

Feet of Water Liquid Bleach (5.25% Chlorine)

Well Diameter in feet Dry granules (70% chlorine)

Well Diameter in feet 2 ½ 3 4 5 2 1/2 3 4 5 1 1 1/4 cups 1 pt 1 Qt 1 1/4 qts 5 tabs 1 oz 2 ozs 3 ozs 2 1 1/4 qts 1 qt 1 1/2 qts 2 1/2 qts 1 1/2 ozs 2 ozs 4 ozs 6 ozs 3 1 qt 1 1/2 qts 2 1/4 qts 3 1/2 qts 2 1/4 ozs 3 ozs 6 ozs 9 ozs 4 1 1/4 qts 2 qts 3 qts 5 qts 3 ozs 4 ozs 1/2 lb 3/4 lb 5 1 1/2 qts 2 1/4 qts 4 qts 1 1/2 gals 4 ozs 5 ozs 3/4 lb 1 lb 10 3 qts 1 1/4 gals 2 gals 3 gals 7 ozs 1/2 lb 1 1/2 lbs 2 lbs 15 1 gal 1 3/4 gals 3 gals 4 1/2 gals 3/4 lb 1 lb 2 lb 3 lbs 20 1 1/2 gals 2 1/4 gals 4 gals 6 gals 1 lb 1 1/2 lbs 2 1/2 lbs 3 1/2 lbs Equations for calculating amounts of chlorine needed to disinfect dug or bored wells.

Pints of liquid bleach = D h  10 Ounces of dry granules = D h  9 where: D = diameter of well in feet h = height of water above bottom of well in feet.

(b) Place the required amount of liquid bleach or dry granules in the well by one of the following methods:

Dry granules or tablets may be dropped in the top of the well and allowed to settle to the bottom; or 2. Liquid bleach may be mixed with water and poured in the top of the well and allowed to settle to the bottom.

(c) Agitate the water in the well to insure thorough dispersion of the chlorine throughout the entire length of the well.

(d) The well casing, pump column and any other equipment above the water level in the well, shall be thoroughly rinsed with the chlorine solution as a part of the disinfecting process.

(e) The chlorine treated water shall stand in the well for a period not less than twelve (12) hours. The well shall, thereafter, be pumped until the odor of the chlorine is no longer detectable.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.13 REPAIR OF WATER WELLS

(1) All materials used in the replacement or repair of any water well shall meet the requirements for a new installation.

(2) Plastic pipe approved by the National Sanitation Foundation (NSF) and rated at 160 psi (SDR = 26) may be used for liner casing. The liner casing shall be installed with centering guides to insure proper centering in the well and the annular space around the liner casing shall be completely sealed at both ends to repel the inflow of extraneous material from the lined interval.

(3) Repairs to wells completed with the top of the well casing terminating below ground shall include extending the well casing above land surface in accordance with subparagraph (5)(a) of Rule 0400-45-09-.10.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.14 WELL REGISTRATION - IDENTIFICATION

(1) Each water well constructed or reconstructed shall be equipped before the drill rig leaves the site with an identification tag or decal bearing a registration number. The tag and registration number shall be supplied by the Department.

(2) The identification tag or decal shall be securely attached to the well casing or other appurtenance where it is readily visible.

(3) The identification tag or decal shall not be removed from the well unless otherwise approved by the Department.

(4) The registration number shall be recorded on the well completion report to be submitted by the driller to the Department.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Tenn. Comp. R. & Regs. 0400-45-09-.15 DATA AND RECORDS REQUIRED

(1) A “Report of Well Driller” (well completion report) shall be submitted to the Department on a form provided or approved by the Department within sixty (60) days after completion of the drilling, construction, reconstruction or closure of each water well.

(2) The report shall be true and accurate. The report shall include as a minimum the following accurate information about the well. Footage shall be accurate to the nearest foot of measurement:

(a) Name and address of the person for whom the well was drilled;

(b) The location of the well as denoted by county, street address and road name;

(c) The location of the well as denoted by the latitude and longitudinal coordinates of the well in degrees, minutes and seconds. The accuracy of the coordinates must be to the nearest second of the location;

(d) Proposed use of the well;

(e) The date completed for each well;

(f) The “log” of the well;

(g) The depth, diameter and general specifications for the well including;

Casing lengths used, type, diameter, wall thickness or SDR rating;
Liners used, location, type, diameter, wall thickness or SDR rating;
Bottom depth of casing, and depth of screen or slotted pipe;
Type backfill material used and location of backfill, and location of packers;
Static water level, depth to bedrock, (if encountered) for bedrock wells only;
Water bearing zones encountered in excess of one gallon per minute for bedrock wells only;
General water quality.

(h) Licensed driller’s name and Tennessee license number;

(i) The well driller tag number and Notice of Intent Number;

(j) Information on well head completion, i.e. well cap, well disinfection, information supplied by the homeowner to the driller or confirmation by the driller that the septic tank and field lines are located fifty (50) feet or greater from the water well.

(3) The original report shall be signed by the licensee and submitted to the Director. The licensed driller shall maintain a copy of each report and fee payment submitted for five (5) years.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09. Amendment filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-09-.16 WELL ABANDONMENT

(1) The driller or person holding a license for well closure shall backfill and close any newly drilled water well not intended for use in which casing has not been installed or from which casing has been removed, within fifteen (15) days after the drill rig leaves the site. The driller shall take all steps necessary to maintain safety around the site until the closure process is completed. Prior to closing any such well, the driller shall:

(a) Remove all equipment or material that may obstruct access to the bottom of the well;

(b) Check the entire depth of the well for obstructions that may interfere with sealing operations and remove them, and (c) Thoroughly chlorinate the well prior to sealing by the addition of sufficient quantities of liquid bleach or dry hypochlorite granules to produce a free chlorine residual of twentyfive (25) parts per million (ppm).

(2) Except as provided in paragraphs (3), (4), (5) and (6) of this rule water well plugging and closure shall be accomplished by a licensed driller by the following methods:

(a) For uncased water wells, a cement grout or bentonite as defined in subparagraph (c) of this paragraph or other grout material approved by the Department shall be placed in the well bore from two feet below land surface to a minimum of twenty-five (25) feet below land surface. Native soil may be used to backfill the borehole from land surface to two feet below land surface or the driller may use cement or bentonite to land surface. The well bore twenty-five (25) feet below land surface shall be filled with either bentonite, cement grout, clean crushed stone one half inch in diameter or less, well cuttings, puddled clay, sand or combined mixture of any of these listed materials.

Backfill shall remain level with land surface.

(b) For water wells with a minimum of nineteen feet of casing installed, a surface plug consisting of either cement grout or bentonite as defined in subparagraph (c) of this paragraph shall be placed in the well bore from land surface to a minimum of five (5) feet below land surface. An additional seal of cement grout or bentonite as defined in subparagraph (c) of this paragraph shall also be placed in the well bore for a minimum length of ten (10) feet. The top of this ten (10) foot seal shall either be located within twenty (20) feet below the bottom of the casing or at the top of the well screen or perforated pipe. The remaining well bore or casing shall be backfilled with either bentonite, cement grout, clean crushed stone one half inch in diameter or less, well cuttings, puddled clay, sand, or combined mixture of any of these listed materials.

Surface casing may be terminated two (2) feet below land surface and native soil may be placed in the well bore from two feet to land surface provided that the upper surface plug of cement or bentonite grout is placed in the borehole from two to seven feet below land surface. Backfill shall remain level with land surface.

(c) The grout material used in the plugging and abandonment of a water well shall consist of a grout material approved by the Department or a mixture consisting of Portland Class A cement or quick setting cement in a ratio of not over six (6.0) gallons of water per ninety-four (94) pound sack of cement, or a high solids bentonite grout with a minimum of 20% solids and a weight of no less than nine and two tenths (9.2) pounds per gallon as measured by a standard mud balance. The use of bentonite, in chip or tablet form, ranging in size from one-quarter inch (1/4”) to three-quarters (3/4) of an inch will be allowed as an alternate seal to slurry grouting. The bentonite shall be mixed and applied in accordance with the manufacturer’s recommendations. The use of low solids bentonite drilling clay (designed for use as a drilling fluid to form a filter cake on the side walls of the borehole and to increase viscosity of water) is prohibited for use as a grout or sealing material except as an additive. If bentonite is used as a sealing material only bentonite grout, bentonite tablets, or bentonite chips, approved by the National Sanitation Foundation (NSF) or American National Standards Institute (ANSI) certified parties as meeting NSF product standard 60 or 61 shall be approved by the Department as appropriate grouting or sealing material.

(d) Placement of the backfill material shall be done in such a way that there are no bridges or gaps in the well bore. The top of the backfill material shall remain level with land surface.

(3) Wells extending into more than one aquifer shall be filled and sealed in such a way that exchange of water from one aquifer to another is prevented.

(4) The sealing of flowing wells shall be accomplished only after the wells have been treated to reduce the flow to zero. This may be accomplished by introducing high specific gravity fluids which are approved for use in potable water systems into the bottom of the well bore and continuing until the flow ceases.

(5) The driller or a person holding a license for well closure may submit a written petition for an alternative method of well abandonment. Any alternate method of filling and sealing a well shall be submitted to the Director for review and written approval prior to sealing a well by such method. In an emergency or in exceptional instances, the Department will respond to a verbal request provided the applicant submits a written application within ten (10) days of the verbal application.

(6) Hand dug water wells greater than twelve inch in diameter without steel or plastic casing and less than sixty (60) feet in depth may be abandoned by a landowner, or the following individuals licensed in Tennessee: licensed engineers, licensed professional geologists, licensed building contractors, licensed pump installers, county environmentalists, or environmental specialists for the state of Tennessee. They must all follow the construction standards for the closure of a hand dug well. The landowner should contact the Division of Water Resources or a licensed driller prior to closing a hand dug well for additional technical assistance. The person, other than the landowner closing the hand dug well is responsible for submitting the well closure report for the hand dug well. A landowner who does the well closure is not required by law to complete a well closure report: however it is recommended that the landowner submit a letter to the Division of Water Resources similar to information submitted on a well closure report. The information serves as a public record of the landowners’ compliance with state well construction standards and will be important information for land appraisals and property transfer arrangements. No matter who does the job, the landowner is ultimately responsible for the closure of a hand dug well.

(7) Hand dug water wells may be closed by using the following procedures:

(a) Thoroughly chlorinate the well prior to sealing by the addition of sufficient quantities of liquid bleach or dry hypochlorite granules to produce a free chlorine residual of twentyfive (25) parts per million within the entire well.

(b) Cement grout or bentonite as defined in subparagraph (2)(c) of this rule must be used from five feet to two feet below land surface to place a barrier for the well. The remaining annular space from two feet to land surface may be filled with native soil or cement. Backfill must remain level with land surface.

(d) Native soil material, gravel less than one inch or less in diameter, cement or bentonite may be used as well closure material from five feet below land surface to the total depth of the well.

(8) All well closure reports shall include a diagram showing the location and distance in feet of the closed well from one specific landmark and septic system or sewer systems on the property.

(9) Well Abandonment-Existing Wells with Obstructions (a) Existing wells required to be closed for which no well construction report is on file and/or those that are partially filled or obstructed with soil, rock, construction debris or other materials must be cleaned out inside the well down to a minimum depth of twenty-five (25) feet below land surface to allow for proper sealing of the upper terminus of the well.

If the well does not open up and remains filled below twenty-five (25) feet, the well shall be backfilled and sealed from twenty-five (25) feet to land surface with a cement grout or bentonite as defined in subparagraph (2)(c) of this rule.
If the well opens up below twenty-five (25) feet while cleaning, the well shall be backfilled from its lowermost open depth to twenty-five (25) feet below land surface with either cement grout, bentonite, clean crushed stone one-half (½) inch diameter or less, well cuttings, puddled clay, sand or a combined mixture of any of these materials. Cement grout or bentonite as defined in subparagraph (2)(c) of this rule shall be used to backfill the well from twenty-five (25) feet to land surface.

(b) If the grading or elevation changes are expected at the site, native soil or crushed rock can be used to backfill the well from land surface to two (2) feet below land surface.

(c) The driller will be required to file a well closure report with the Department within sixty (60) days of the completion of the well abandonment.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09. Amendment filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-09-.17 GEOTHERMAL WELL CONSTRUCTION STANDARDS FOR CLOSED LOOP

GEOTHERMAL BOREHOLES.

(1) Location of Closed Loop Geothermal Boreholes (a) The construction of a closed loop geothermal borehole is prohibited at other than a safe distance from any potential source of contamination. The minimum safe distances shall apply for the sources listed below:

Source of structure Minimum Distances Sewer Line 10 feet Septic Tanks 25 feet Springs 100 feet Septic Drain Fields 25 feet Water Wells 100 feet House to septic tank connection 10 feet House to sewer line connection 10 feet (2) Source of Drilling Water for Closed Loop Geothermal Boreholes (a) All water used in drilling and construction of a closed loop geothermal borehole shall be from a public water supply, water well or protected spring box.

(b) Water used in the drilling or construction process shall be treated with enough chlorine product to retain a free chlorine residual of at least two (2) parts per million unless the water is obtained on site from a direct connection to a public supply equipped with a proper cross connection protection device.

(c) Drilling fluids and additives shall be materials specified by the manufacturer for use in either water or geothermal well drilling or construction and approved by the Department.

(d) During the course of drilling a closed loop geothermal borehole with air rotary equipment, a minimum of one gallon per minute (1) of water must be injected or added into the air stream unless the drill rig is equipped and uses a dust cyclone to control dust. The amount of water injected shall be sufficient to control dust and to keep the borehole cleaned out.

(e) Petroleum based products or byproducts spilled or leaked from a drill rig in any quantity greater than one (1) quart shall be removed from the drilling area before the drill rig is removed from the borehole being constructed.

(3) Grouting for Closed Loop Geothermal Boreholes (a) The entire borehole surrounding the closed loop shall be filled with a grout material approved by the Department. A cover from land surface to five (5) feet below land surface comprised of native soil material may be used in closed loop geothermal boreholes.

(b) Grout in closed loop geothermal boreholes is to be composed of cement, a bentonite cement mixture, high solids sodium bentonite or other grout material approved by the Department. Thermal grout, Thermal Grout Lite and Mix 111 Grout are three specific type grouts approved by the board for the grouting and closure of closed loop geothermal boreholes.

Cement grout shall be composed of Class A, Type I Portland Cement mixed with not more than six (6) gallons of clean water per bag (one cubic foot or 94 pounds) of cement with a density of 15 to 16 pounds per gallon, or to manufacturer’s specifications.
Bentonite-cement grout shall be composed of powdered bentonite (less than 5% by weight) mixed at not more that 8 gallons of water to the bag, with a density of 14 to 15 pounds per gallon, or to manufacturer’s specifications.
High solids sodium bentonite grout shall have minimum of 20% solids and be mixed per manufacturer’s specifications with water and/or other required additives.

(c) All grouting shall be accomplished using forced injection to emplace the grout. When emplacing the grouting material, the tremie pipe shall be lowered to the bottom of the zone to be grouted. The tremie pipe shall be kept full continuously from start to finish of the grouting procedure, with the discharge end of the tremie pipe being continuously submerged in the grout until the zone to be grouted is completely filled.

(d) The driller shall take all steps necessary to maintain safety around the borehole until the closed loop is installed and grouted in the borehole. Each ungrouted borehole or loop shall have a protective cover, or sand bag placed over the open borehole. The closed loop u-bend or dropline pipe shall be placed into the borehole to its proper depth and grouted in place within five (5) days of drilling each borehole unless the u-bend dropline pipe has been installed to its maximum depth with a dedicated tremie pipeline.

Each u-bend dropline pipe opening shall be taped or crimped or covered at land surface after installation of the loop. All Closed Loop Geothermal Boreholes shall be grouted in-place within fifteen (15) days of being drilled.

(e) When high solids bentonite grouts are used, a cover at the land surface at least the width of the borehole made of suitable materials, as approved by the Department, such as native soils, gravel, sand or thermoplastic material sufficient to support the weight of normal foot traffic shall be used as a covering for each borehole.

(f) Boreholes that encounter caves or large fractures below thirty (30) feet from land surface that prohibit the use of standard grouting procedures shall use one of the following materials to fill these intervals up to a maximum of thirty (30) feet in each well;

Chipped or granular bentonite;
Clean washed gravel ½ inch diameter or less;
Clean washed coarse sand; and 4. Liner casing shall consist of steel casing if the casing is permanently installed in the borehole (g) All drilled boreholes must be drilled to a minimum of four (4) inches in diameter or larger to allow for installation of the loop and tremi pipe unless prior approval has been granted by the Department. Well depths shall not exceed five hundred (500) feet unless prior approval has been granted by the Department.

(h) Geothermal systems consisting of five (5) boreholes or greater shall not be located within well head protection areas unless prior approval has been granted by the Department in writing. The driller must contact the Department to determine if a site is located within a well head protection area designated by the Department. The Director may set any conditions deemed necessary to protect the well head protection area, (i) A licensed geothermal driller or loop installer may request a variance from the Director to convert an existing water well into a closed loop geothermal well. A geothermal report is required within sixty (60) days upon completion of conversion if approved by the Department. There is no Notice of Intent or fee required for this conversion. The Director may approve or disapprove any request for conversion and set additional conditions as deemed necessary by the Director to protect the ground water resource.

(j) A licensed geothermal well driller may request a variance from the Department to convert a geothermal borehole at a geothermal system to a water well. A Notice of Intent fee and specific water well driller report for the converted well is required within sixty (60) days upon completion of converson if approved by the Department. The Department may approve or disapprove any request for conversion and set additional conditions as deemed necessary by the Department to protect the ground water resource.

(4) Reporting of Closed Loop Geothermal Boreholes (a) A “Report of Well Driller” for a closed loop geothermal borehole system shall be submitted by the driller to the Department within sixty (60) days after the drilling or closure of the last closed loop borehole in the system at the site. A Report of Well Driller shall also be submitted for a closed loop geothermal test borehole if drilled on the site to determine geology or heat transfer characteristics within sixty (60) days after drilling the borehole. See also paragraph (14) of this rule for Notice of Intent requirements for drilling.

(b) The report shall be true and accurate. Borehole footage shall be accurate to the nearest foot of measurement. The report shall include as a minimum the following accurate information about the system:

Name and address of the person for whom the closed loop geothermal boreholes were drilled;
The location of the system as denoted by county, street address and road name;
The location of the system as denoted by latitude and longitudinal coordinates of the center of the system, a diagram of the closed loop geothermal boreholes, and identification of other wells on the property and the location of the septic tank, field lines or sewer lines on the property. The accuracy of the coordinates must be to the nearest second of the location;
The date the last closed loop geothermal borehole was drilled at the system site and additional information as required by the Department;
The licensed driller’s name and contractor identification number, general specifications of the closed loop geothermal borehole such as depth, diameter, backfill and closed loop information;
Reserved;
For systems with ten or less closed loop boreholes, the driller is required to provide a master plat to both the owner and Division of Water Resources of the location of each borehole. The plat shall include related distances from major buildings, septic tanks and field lines and sewer lines and be submitted with the Report of Well Driller within sixty (60) days upon completion of drilling of the last borehole on a given project. Site plans drawn up by a licensed engineer may be used if the driller is unable to provide a master plat;
For systems with eleven or more boreholes. The driller is required to provide a master plat to the owner of the property. The plat shall include related distances from major buildings, septic tanks and field lines and sewer lines. The driller shall also submit a Report of Well Driller to the Division of Water Resources within sixty (60) days upon completion of drilling of the last borehole on a given project. Site plans drawn up by a licensed engineer may be used if the driller is unable to provide a master plat.

(5) A geothermal driller license or closed loop installer license is required to install a closed loop dropline or u-bend loop in a closed loop geothermal borehole. In a closed-loop geothermal borehole, the material used to make up the heat-exchange loop that is placed in the ground or into a body of water must be composed of high-density polyethylene or other material approved by the Department. All closed loop material placed in the borehole must be installed and grouted within fifteen (15) days upon completion of drilling of each borehole.

Each loop will be pressure tested to 100 pounds per square inch (psi) and maintain constant pressure for twenty (20) minutes before grouting and placement of loop into service. The entire system shall be free of leaks or pressure loss.

(a) High Density Polyethylene Pipe. This pipe must be manufactured in accordance with dimensional specifications of ASTM D-2513 or ASTM F-714 and must have a minimum cell classification of PE345434C up to PE345464C when tested under ASTM D-3350 to be acceptable for use in closed-loop heat pump systems. No other pipe shall be used for closed loop installation unless approved by the Department.

(6) Connecting Closed-Loop Pipe. The pipe must be thermally fused according to the pipe manufacturer’s specifications and must not leak after assembly. No other connection method shall be used unless approved by the Department.

(7) Heat Transfer Fluid. The fluid used inside the closed-loop assembly must be composed of:

(a) Heat transfer fluids:

Pure glycerin solution-glycerin must be ninety-six and one-half (96.5%) United States pharmacopoeia grade;
Food grade propylene glycol;
Dipotassium phosphate;
Water;
Methanol 6. Ethanol; or 7. Other fluids as may be approved in advance by the Division.

(b) It is the responsibility of the closed loop installer, driller, primary geothermal heat pump installer and owner to become familiar with the safe and proper use of these fluids and to take necessary precautions to ensure ground water protection.

(8) Boreholes with closed loop u-bend material in the borehole shall have all heat transfer fluid removed from the closed loop before borehole abandonment. This fluid shall be disposed in accordance with manufacturers specifications. The closed loop u-bend material shall either be completely removed from the borehole before closure and the borehole closed in accordance with subparagraph (10)(a) of this rule or the loop shall be pumped full of cement grout or bentonite or other material approved by the Department. The driller shall denote on the geothermal well abandonment report how much grout or bentonite was used in sealing the closed loop or u-bend material. The upper portion of the borehole to five feet below land surface may be filled with compacted earth or same material to fill the closed loop.

(9) The driller or person holding a license for well closure shall backfill and abandon any drilled closed loop borehole in accordance with subparagraph (10)(a) of this rule not intended for use within 15 days after the drill rig leaves the property. The driller shall take all steps necessary to maintain safety around the site until the closure process is completed. Prior to closing any such borehole the driller shall:

(a) Check the entire depth of the borehole for obstructions that may interfere with sealing operations and remove them, and (b) Thoroughly chlorinate the borehole prior to sealing by the addition of sufficient quantities of liquid bleach or dry hypochlorite granules to produce a free chlorine residual of 25 parts per million (ppm).

(10) Closed loop borehole plugging and abandonment shall be accomplished by a licensed driller by the following methods:

(a) For closed loop boreholes without thermal transfer pipe, or closed loops installed, a cement grout or bentonite or other approved sealing material approved by the Department shall be placed in the borehole from two (2) feet below land surface to a minimum of twenty-five (25) feet below land surface. Native soil may be used to backfill the borehole from land surface to two feet below land surface or the driller may use cement or bentonite to land surface. The borehole twenty-five (25) feet below land surface shall be filled with either bentonite, cement grout, clean crushed stone one half inch in diameter or less, well cuttings, puddled clay, sand or combined mixture of any of these listed materials. Backfill shall remain level with land surface.

(b) The grout material used in the plugging and abandonment of a closed loop borehole shall consist of a mixture of Portland Class A cement or quick setting cement in a ratio of not over six (6.0) gallons of water per ninety-four (94) pound sack of cement, or a high solids bentonite grout with a minimum of 20% solids and a weight of no less than nine and two tenths (9.2) pounds per gallon as measured by a standard mud balance or other type grout material approved by the Department. The use of bentonite, in chip or tablet form, ranging in size from one-quarter (1/4”) inch to three-quarters (3/4) of an inch will be allowed as an alternate seal to slurry grouting. The bentonite shall be mixed and applied in accordance with the manufacturer’s recommendations. The use of low solids bentonite drilling clay (designed for use as a drilling fluid to form a filter cake on the side walls of the borehole and to increase viscosity of water) is prohibited for use as a grout or sealing material except as an additive. If bentonite is used as a sealing material, only bentonite grout, bentonite tablets, or bentonite chips, approved by the National Sanitation Foundation (NSF) or American National Standards Institute (ANSI) certified parties as meeting NSF product standard 60 or 61 shall be approved by the Department as appropriate grouting or sealing material.

(c) Placement of the backfill material shall be done in such a way that there are no bridges or gaps in the borehole. The top of the backfill material shall remain level with land surface.

(11) Boreholes extending into more than one aquifer shall be filled and sealed in such a way that exchange of water from one aquifer to another is prevented.

(12) The driller or person holding a license for well closure may submit a written petition for an alternative method of borehole abandonment. Any alternate method of filling and sealing a well shall be submitted to the Director for review and written approval prior to sealing a borehole by such method. In an emergency or in exceptional instances, the Department will respond to a verbal request provided the applicant submits a written application within ten (10) days of the verbal application.

(13) Every licensed driller or person holding a license for well closure, within sixty (60) days of abandonment of a closed loop borehole, shall submit a report of the abandonment of the borehole to the Department. The well abandonment report shall be made on a form provided by the Department or a reasonable facsimile approved by the Department. The report shall include the same information as required on the completion report and shall include specific information on how the borehole was closed and the placement and type of backfill placed in the borehole. The abandonment report shall be signed by the licensed driller or person holding a license for well closure.

(14) Notice of Intent required to drill geothermal closed loop well system.

(a) A Notice of Intent to drill a closed loop geothermal borehole system must be submitted by the property owner or the licensed well driller to the Director in the manner prescribed by the Department, prior to commencement of drilling a water well or a closed loop geothermal borehole system in Tennessee. The licensed driller is required to have sufficient documentation that a Notice of Intent was submitted to the Division of Water Resources before beginning operations at a drill site. Sufficient documentation for a Notice of Intent being filed may include one of the following:

Fee receipt of the Notice of Intent.
Confirmation number of the Notice of Intent or other approved format approved by the Director and issued by the Department.

(b) The Notice of Intent fee or copy of the receipt for a Notice of Intent fee shall accompany the submission of the driller’s report. No well or borehole shall be drilled unless the driller has documentation that a Notice of Intent has been filed. All well reports shall be submitted with documentation of the Notice of Intent fee being paid.

Documentation of the fee being paid shall consist of the receipt originating from a Notice of Intent or money collected and enclosed with the original driller’s report by the driller for the Notice of Intent. A Notice of Intent and fee is not required for well closure, deepening or reworking any closed loop geothermal borehole. The amount of the Notice of Intent fee shall be reviewed by the Department at least every five (5) years and shall currently be scheduled as follows:

Geothermal well system (closed loop), ten boreholes or less $ 75 2. Geothermal well system (closed loop) eleven to fifty boreholes $150 3. Geothermal well system (closed loop) fifty-one boreholes or greater $500 4. Closed Loop test hole for thermal conductivity and geology $ 75 (c) The requirement to furnish the Department a Notice of Intent fee payment shall not apply to closed loop geothermal boreholes drilled in any local jurisdiction which is authorized, by private act or pursuant to the provisions of an adopted “home rule” charter, to regulate the location and construction of these wells and which has established a fee for the inspection of both geothermal and water wells approved by the Commissioner.

(d) A Notice of Intent fee shall not apply to any property owner who within the past five years has filed a Notice of Intent and paid the fee for the same property. The property owner or driller must identify on the new Notice of Intent submitted for the property the identification number from the first Notice of Intent fee submitted.

(e) Checks returned for insufficient funds will be charged an established check processing fee and the Division will seek payment from the individual responsible for writing the check.

(f) A Notice of Intent shall expire one hundred and eighty days from the original date filed by the well driller or homeowner.

(g) When strict compliance with these standards is impractical, the driller or installer shall make application to the Department for approval of an alternative standard prior to the work being done. The Department may grant the request for an alternative standard if it determines the proposed standards offer an equivalent or higher level of protection to the environment. In an emergency or in exceptional instances, the Department will respond to a verbal request provided the applicant submits a written application within ten (10) ten days of the verbal application.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09. Amendments filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-09-.18 MONITOR WELL CONSTRUCTION STANDARDS

(1) Construction standards for monitor wells are not promulgated under this statute.

Construction standards for monitor wells are regulated by the state agency requiring the monitor well to be placed into service. The Well Act only requires an individual to be licensed as a monitor well driller.

(2) Monitor well reports and Notice of Intent fees for monitor wells are not required to be submitted to the Division of Water Resources.

(3) Installer licenses are not required to install pumps or water treatment devices on monitor wells.

(4) Monitor wells are required to be constructed by licensed monitor well drillers.

(5) Monitor wells may be closed by a licensed water well driller, geothermal driller, monitor well driller or a person holding a license for well closure. Well closure standards for monitor wells are regulated by the agency requiring the monitor well to be placed into service and not the Division of Water Resources.

History

Authority: T.C.A. §§ 69-10-101 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed October 16, 2012; effective January 14, 2013. Rule renumbered from 1200-04-09.

Chapter 0400-45-10 Rules of the Board of Ground Water Management

Tenn. Comp. R. & Regs. 0400-45-10-.01 PURPOSE AND INTENT

It is the purpose of this chapter to address T.C.A. §§ 69-10-107(d) and (e) which require the Board of Ground Water Management to promulgate rules to mandate the creation of a conflict of interest policy for board members and establish the criteria to be used by the Board in making recommendations to the Commissioner regarding applications for driller’s and installer’s licenses.

History

Authority: T.C.A. §§ 69-10-107(d) and (e) and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-10-.02 DEFINITIONS

As used in this chapter, unless context otherwise requires:

(1) “Board” means the board of ground water management.

(2) “Borehole” means the cylindrical opening created by the action of a drill or auger as it penetrates the subsurface.

(3) “Closed loop geothermal borehole” means a cylindrical opening created by the action of a drill or auger as it penetrates the subsurface greater than twenty (20) feet in depth used to either extract or transfer heat from the earth for heating or cooling. This is also referred to as a geothermal well in T.C.A. § 69-10-101 et seq.

(4) “Commissioner” means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation.

(5) “Department” means the department of environment and conservation.

(6) “Drill” means to dig, drill, redrill, construct, deepen or alter a well.

(7) "Driller" means any person who digs, drills, redrills, constructs, deepens or alters a well.

(8) “Experience” means the skill and knowledge derived from the actual direct participation and practice gained in a specific occupation. For drillers experience includes the skill and knowledge gained in operating drilling equipment to drill and construct a well or closed loop geothermal borehole. For installers experience includes the skill, knowledge and actual direct participation in determining the equipment required and installing equipment either in or on wells or closed loop geothermal boreholes. Such skill and knowledge must qualify the September, 2015 2 individual to deal with circumstances and problems that may be encountered by an occupation.

(9) "Geothermal well" means a hole drilled into the earth, by boring or otherwise, greater than twenty feet (20') in depth constructed for the primary purpose of adding or removing British Thermal Units (BTUs) from the earth for heating or cooling.

(10) "Installer" means any person who installs or repairs well pumps or who installs filters and water treatment devices.

(11) "Well" means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well.

History

Authority: T.C.A. §§ 69-10-107(d) and (e) and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-10-.03 CONFLICT OF INTEREST

(1) The board shall create a conflict of interest policy governing conflicts of interests that requires board members to avoid conflicts of interest, identifies specific actions that are prohibited to be taken by a board member and, if a matter is considered by the board in which a member of the board has a conflict of interest, mandates disclosure that a conflict exists and recusal from the matter by the board member.

(2) Each board member during the first meeting of the board each calendar year, or the member’s first attendance of a board meeting of the calendar year, shall:

(a) Make a written disclosure of financial interests or other interests that the board member reasonably anticipates have potential to become a conflict of interest;

(b) Acknowledge in writing that the board member has read and understands all aspects of the board’s conflict of interest policy; and (c) State as a condition of serving as a board member that he or she is not in conflict with the conditions of the board’s conflict of interest policy.

History

Authority: T.C.A. §§ 69-10-107(d) and (e) and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-10-.04 RESERVED

History

Authority: T.C.A. §§ 69-10-107(d) and (e) and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2015; effective September 17, 2015.

Tenn. Comp. R. & Regs. 0400-45-10-.05 CRITERIA FOR MAKING RECOMMENDATIONS REGARDING LICENSE

APPLICATIONS.

(1) As provided in Rule 0400-45-09-.05, the board shall determine whether to recommend an applicant to the commissioner for licensing.

(2) To make the recommendation required by paragraph (1) of this rule, a quorum of the board shall interview an applicant that has complied with Rules 0400-45-09-.02 through 0400-45- 09-.05 to determine the quality and quantity of the applicant’s experience. Questioning by individual board members will include, but not be limited to, the following:

September, 2015 3 (a) Where and when the applicant’s experience was obtained;

(b) Types of equipment used by the applicant;

(d) Familiarity of the applicant with addressing problems such as:

Construction techniques used in each type of well drilled for each license applied for;
Operation of drilling equipment used in drilling wells or boreholes; and 3. Installation techniques and principles of operation for pumps and or water treatment devices;

(e) Knowledge of state well construction standards; and (f) Responsibilities of licensees to the well owner and the department.

History

Authority: T.C.A. §§ 69-10-107(d) and (e) and 4-5-201 et seq.
Administrative History: Original rule filed June 19, 2015; effective September 17, 2015.

0400-46 Water Resources (State Revolving Fund Program)

Chapter 0400-46-01 Priority Ranking System (Transferred from 1200-22-01 which was repealed)

Tenn. Comp. R. & Regs. 0400-46-01-.01 PRIORITY RANKING SYSTEM: GENERAL

(1) General (a) Introduction and Purpose This rule provides definitions of terms, general standards and procedures, and overview information applicable to these rules.

The purpose of these rules is to set forth criteria and procedures for developing and maintaining a Priority Ranking System and List for the financing of wastewater treatment works and wastewater facilities. The Priority Ranking System, as described in this rule, is the basis of eligibility determinations and potential allocations of financial assistance from the Department of Environment and Conservation. Pursuant to T.C.A.

Title 68, Chapter 221, Parts 8 and 10, the State of Tennessee is authorized to provide financial assistance to local governments for the construction of wastewater treatment works and wastewater facilities identified on the Department’s Project Priority List.

Each project’s Priority Rank is generated from the Project Criteria Points and the Priority Point Value (PPV) formula according to these rules. A potential applicant’s project will be placed on the Project Priority List following its evaluation and the assignment of a Priority Rank. The process of being placed on the Project Priority List may be initiated either by the Department or by written request from the potential applicant. The Department will maintain the Project Priority List.

(b) Use of Number and Gender As used in these rules:

Words in the masculine gender also include the feminine and neuter genders; and 2. Words in the singular also include the plural; and 3. Words in the plural include the singular.

(1) paragraph December, 2013 2 (a) subparagraph 1. part (i) subpart (I) item I. subitem A. Section (A) subsection (2) Definitions and References When used in these rules, the following terms have the meanings given below unless otherwise specified:

(a) Collector Sewer. The common lateral sewers within a publicly owned treatment system that are primarily installed to receive wastewater directly from facilities that convey wastewater from individual systems or from private property. This term also includes service connections for those facilities such as the following:

Crossover sewers that connect more than one property on one side of a major street, road, or highway to a lateral sewer on the other side when they are more cost effective than parallel sewers; and 2. Pumping units and pressurized lines serving individual structures or groups of structures when such units are cost effective and are owned and maintained by the municipality or utility district.

This definition excludes all facilities that convey wastewater from individual structures or from private property to the public lateral sewer.

(b) Combined Sewer Overflow (CSO). The overflow discharge from a sewer line that is designed as a sanitary sewer and a storm sewer.

(c) Conventional Pollutants. The conventional pollutants in wastewater effluent are 5-day biochemical oxygen demand (BOD ) and/or 5-day carbonaceous biochemical oxygen demand (CBOD ), ammonia nitrogen (NH -N) and/or total nitrogen (N-Total), phosphorus (P), dissolved oxygen (DO), fecal coliform and/or E. coli, total suspended solids (TSS), settleable solids (SS), and pH.

(d) Effluent Trading Projects. Effluent or water quality trading is an innovative approach to achieve water quality goals more efficiently. Trading is based on the fact that sources in a watershed can face very different costs to control the same pollutant. Trading programs allow facilities facing higher pollution control costs to meet their regulatory obligations by purchasing environmentally equivalent or superior pollution reductions from another source at lower cost, thus achieving the same water quality improvement at lower overall cost.

(e) Infiltration/Inflow (I/I) Correction. Procedures to reduce or eliminate infiltration/inflows that do not involve extensive excavation and/or replacement, including, but not limited to, the following:

December, 2013 3 1. Pressure testing and sealing procedures;

Limited excavation and replacement where severe infiltration/inflow problems have been documented and can be corrected. Examples of limited excavation and replacement are the replacement or repair of manhole covers, the repair of crushed pipe within an area of temporary or permanent groundwater, or the replacement or repair of a sewer segment beneath a waterway; and 3. Trenchless technologies such as sliplining, pipe bursting, cured-in-place pipe, etc.

(f) Interceptor Sewer (Interceptors). A sewer that is designed for one or more of the following purposes:

To intercept wastewater from a final point in a collector sewer and convey the wastewater directly to a treatment facility or another interceptor;
To replace an existing wastewater treatment facility and transport the wastewater to an adjoining collector sewer or interceptor sewer for conveyance to a treatment plant;
To transport wastewater from one or more municipal collector sewers to another municipality or to a regional plant for treatment; or 4. To intercept an existing major discharge of a raw or inadequately treated wastewater for transport directly to another interceptor or a treatment plant.

(g) Local Government. A county, incorporated town or city, metropolitan government, water and/or wastewater authority, or state agency that has authority to administer a wastewater facility, or any combination of two or more of the foregoing acting jointly to construct a wastewater facility. "Local government" shall also mean any publiclyowned utility district existing on July 1, 1984, or if created after that date, any publiclyowned utility district operating a wastewater facility with at least 500 customer connections.

(h) Major Sewer Rehabilitation. Construction that involves the removal and replacement of the existing pipes or manholes. This definition is considered applicable for this chapter under one or more of the following conditions: 1 In locations where pipes or manholes have lost their structural integrity, e.g., pipes or manholes are collapsed, broken, or badly deteriorated and cracked;

In cases where pipe size enlargement, change in grade, and/or line realignment are needed in addition to pipe deficiency corrections; or 3. In cases where damages to the existing pipes or manholes have been attributed to corrosion, soil movement, an increasing traffic load, or other similar factors, and it is desirable to prevent the recurrence of these damages by replacing the existing structures with structures of better quality and greater strength.

(i) National Pollutant Discharge Elimination System (NPDES) Permit. A permit issued by the Tennessee Department of Environment and Conservation, Division of Water Resources, to discharge treated wastewater into a body of water.

December, 2013 4 (j) Nonpoint Source (NPS) Pollution. Pollution occurring when precipitation moves over and through the ground, picking up and carrying away pollutants, and depositing them into waters of the state.

(k) Permit Limits. Limitations for pollutants discharged from WWTPs that are identified in an authorization, license, or equivalent control document issued by the Division of Water Resources that implements the requirements of the Tennessee Water Quality Control Act.

(l) Planning/Design. Facilities planning consists of those necessary plans and studies directly relating to existing and future conditions and effects of wastewater facilities or treatment works as outlined in the application requirements of Rule 0400-46-06-.06.

Design consists of creating those necessary bid/contract documents, plans, and specifications for the construction of wastewater facilities or treatment works consistent with the approved facilities plan and necessary to construct the proposed wastewater facilities.

(m) Pump Station/Force Main. A pump station is a mechanical device that raises and transfers wastewater. A force main is a pipe conveyance system for wastewater that is under hydraulic pressure due to energy imparted by a pump.

(n) Refinancing. A project previously constructed for which State Revolving Fund Loan Program funds may buy or refinance local debt obligations where the initial debt was incurred after March 7, 1985. Projects that have incurred debt using their own means of financing must have met the requirements of Chapter 0400-46-06 in order to be eligible for refinancing.

(o) Stormwater Projects. Projects that will convey, store, and/or treat accumulated surface flow water from precipitation.

(p) Wastewater Treatment Plant (WWTP). Any facility whose purpose is to store, treat, neutralize, stabilize, recycle, reclaim, or dispose of municipal sewage or wastewater.

(q) Water-Quality Impaired Stream Segment. Any stream segment that has been determined by the Division of Water Resources not to meet its classified uses.

All other terms used in this chapter are as defined in Chapter 0400-46-06 unless the context requires otherwise.

History

Authority: T.C.A. §§ 68-221-801 et seq., 68-221-1001 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-01.

Tenn. Comp. R. & Regs. 0400-46-01-.02 PRIORITY RANKING, PROJECT CRITERIA POINTS, AND PRIORITY POINT VALUE

(PPV) FORMULA.

(1) General Provisions for Priority Ranking, Project Criteria Points, and Priority Point Value (PPV) Formula.

(a) Purpose. The Priority Ranking System detailed in these rules has been developed to achieve optimum water quality management consistent with the goals and requirements of the Clean Water Act and the Tennessee Water Quality Control Act.

Municipal wastewater treatment projects and terms, as defined in Section 212 of the Clean Water Act, such as WWTP upgrades, collection system rehabilitation, infiltration and inflow correction projects, new collector sewers, and combined sewer overflow December, 2013 5 elimination projects and nonpoint source projects, as defined in Section 319 of the Clean Water Act, may be eligible for funding in accordance with these rules.

(b) Priority Ranking. All proposed projects for which the potential loan recipient has requested financial assistance will be assigned Project Criteria Points based on the project criteria defined in paragraph (2) of this rule. WWTP projects may be assigned additional points based on the Priority Point Value (PPV) formula delineated in paragraph (3) of this rule.

When a potential loan recipient operates or proposes to operate more than one WWTP, the PPV will be independently calculated for each WWTP discharge point on the basis of data specific to each WWTP’s discharge point.
When more than one project appears on the Priority List and those projects are an integral part of the cost-effective solution for one facility’s planning area, each of the projects may be assigned the same Priority Point Value as the WWTP that will receive and treat the combined wastewater flow.

(2) Project Criteria Points. Project Criteria Points will be assigned to individual wastewater facilities projects based on the following:

(a) WWTP discharges to a water-quality impaired stream segment will receive 100 Project Criteria Points in addition to any other applicable Project Criteria Points. WWTP projects with a compliance schedule in the NPDES permit requiring construction will receive 50 Project Criteria Points in addition to any other applicable Project Criteria Points.

(b) Wastewater collection system projects with a compliance schedule in the NPDES permit requiring construction will receive 50 Project Criteria Points in addition to any other applicable Project Criteria Points.

(c) Nonpoint Source (NPS) pollution projects affecting a water-quality impaired stream segment will receive 100 Project Criteria Points. Other NPS pollution projects will receive 25 Project Criteria Points. NPS pollution projects may be directed toward protection or improvement of the quality of ground water, surface water, or wetlands.

NPS pollution projects must be consistent with Tennessee’s approved Nonpoint Source Management Program requirements and be included in the State’s current EPAapproved Nonpoint Source Management Plan.

(d) Effluent-trading projects will receive 50 Project Criteria Points in addition to any other applicable Project Criteria Points.

(e) Combined Sewer Overflow (CSO) projects will receive 25 Project Criteria Points.

(f) Infiltration/Inflow (I/I) correction projects and major sewer rehabilitation projects will receive 25 Project Criteria Points. Construction of projects that will transport and treat I/I at the WWTP will receive 10 Project Criteria Points.

(g) Storm water management projects affecting a water-quality impaired stream segment will receive 100 Project Criteria Points. Storm water management projects with a compliance schedule in the NPDES permit requiring construction will receive 50 Project Criteria Points. All other storm water management projects will receive 25 Project Criteria Points.

December, 2013 6 (h) Collection lines to be constructed to address an existing public health problem caused by failed septic systems will receive a minimum of 40 Project Criteria Points up to a maximum of 100 Project Criteria Points. If a Department-certified septic system failure survey utilizing either color infrared aerial photography or ground inspections has been conducted in the project area, Project Criteria Points may be obtained by multiplying the percentage of failing systems by the 100-point maximum Project Criteria Points as follows:

Project Criteria Points = 100 x Department-certified percent of septic systems failing 2. Proposed projects will receive a minimum of 40 Project Criteria Points if they are in an area where a Department-certified septic system failure survey was not conducted or where the percentage of failing septic systems was less than 40 percent.

(i) Any wastewater project proposed for development and/or growth potential, i.e., projects that were not planned to address a water quality problem or a public health problem, will receive 5 Project Criteria Points. WWTPs that are required to serve new collectors as part of the approved facilities plan will receive the same Project Criteria Points as the collectors.

(j) Interceptors and pump stations will receive varying Project Criteria Points. Interceptors and/or pump stations that eliminate a WWTP discharge point that was included in an approved facilities plan will receive the same Project Criteria Points as the WWTP.

Interceptors and/or pump stations proposed as part of an I/I elimination project will receive the same Project Criteria Points as the I/I elimination project. Interceptors and/or pump stations proposed as part of a collection system project will receive the same Project Criteria Points as the collection system project.

(k) Planning/Design projects will receive Project Criteria Points based upon the proposed project type.

(l) Section 212 projects that are also associated with the construction of nonpoint source projects shall have an additional 20 Project Criteria Points.

(m) Section 212 projects with zoning that demonstrates preservation of greenspace shall have an additional 15 Project Criteria Points.

(n) Section 212 projects with zoning that demonstrates riparian buffer zones of at least 150 feet shall have an additional 10 Project Criteria Points.

(o) Section 212 projects demonstrating an enforced buffer zone ordinance shall have an additional 5 Project Criteria Points.

(p) Refinancing projects will receive 1 Project Criteria Point.

(q) In accordance with T.C.A. § 6-58-109(b), all State Revolving Fund projects within Counties that have an approved growth plan will receive 5 Project Criteria Points in addition to any other applicable Project Criteria Points.

(3) Priority Point Value (PPV) Formula.

The PPV formula assigns numerical points to a specific WWTP project based on the product of the Receiving Stream Hydraulic Factor (RSHF), Severity of Pollution Factor (SPF), and Water Quality Improvement Factor (WQIF), as follows:

December, 2013 7 PPV = (RSHF) x (SPF) x (WQIF)

(a) The RSHF will be determined based on the ratio of plant discharge to stream flow using the following equation:

RSHF = 1.0 +

Plant Flow , where Stream Flow + Plant Flow 1. Stream flow is the lowest stream flow measured upstream of the WWTP discharge for any 7 consecutive days in a 10-year period. The Department may allow the use of the dilution flow for impoundments.

Plant flow is the average daily flow reported on Monthly Operating Reports or Discharge Monitoring Reports submitted to and certified by the Department.

(b) The SPF will be determined based upon whether violations of the WWTP’s permit limits have occurred. The SPF will be determined using the following equation:

SPF = 1.0 + the sum of point values from the following effluent parameters:

Biochemical Oxygen Demand, 5-Day (BOD ) and/or Carbonaceous Biochemical Oxygen Demand (CBOD ) Violation If the actual BOD and/or CBOD concentration in the WWTP effluent has exceeded the permit limit for BOD and/or CBOD for two consecutive months or three or more times during the last year, the project receives 1 point 2. Total Nitrogen (N-Total) and/or Ammonia Nitrogen (NH -N) Violation If the actual N-Total and/or NH -N concentration in the WWTP effluent has exceeded the permit limit for N-Total and/or NH -N for two consecutive months or three or more times during the last year, the project receives 1 point 3. Phosphorous (P) Violation If the actual P concentration in the WWTP effluent has exceeded the permit limit for P for two consecutive months or three or more times during the last year, the project receives 1 point 4. Dissolved Oxygen (DO) Violation If the actual DO concentration in the WWTP effluent has been less than the minimum permit limit for DO for two consecutive months or three or more times during the last year, the project receives 0.5 points 5. Fecal Coliform and/or E. coli Violation If the actual fecal coliform and/or E. coli concentration has exceeded the permit limit for fecal coliform and/or E. coli for two consecutive months or three or more times during the last year, the project receives 1 point (c) The WQIF applies only to a receiving stream that is a water-quality impaired stream segment. The WQIF will be determined based on the receiving stream’s designated December, 2013 8 stream-use classification(s) for recreation, fish and aquatic life, and/or domestic water supply.

The WQIF is the number obtained from the equation:

WQIF = 1.0 + F + G + H, where 1. Recreation, denoted as F, is assigned a numerical value based upon the following:

(i) If the existing effluent violates recreational bacterial standards (Chapter 0400-40-03) and causes a significant adverse impact on the receiving waters beyond the mixing zone or precludes the actual use of the receiving waters for body contact recreation beyond the mixing zone, the recreation factor F will be assigned ................................................................ 2 points (ii) If there is no significant impact on recreation, F will be assigned. .... 0 points 2. Fish and Aquatic Life, denoted as G, is assigned a numerical value based upon the following:

(i) If the existing effluent contains one or more conventional pollutants in excess of the permit limits established by the Department or contained in the WWTP’s NPDES Permit or results in violations of the dissolved oxygen standard for fish and aquatic life (Chapter 0400-40-03) in the receiving waters beyond the mixing zone, G will be assigned ......................... 3 points (ii) If there is no significant impact on fish and aquatic life, G will be assigned. .......................................................................................................... 0 points 3. Domestic Water Supply, denoted as H, is assigned a numerical value based upon the following:

(i) If the existing effluent contains one or more conventional pollutants in concentrations exceeding the domestic water supply standard (Chapter 0400-40-03) in waters affecting an existing community water treatment plant, H will be assigned ................................................................ 4 points (ii) If there is no significant adverse impact on domestic water supply, H will be assigned ............................................................................................ 0 points 4. No WQIF points will be awarded for F, G, and H if the existing treatment facility is not operated and maintained properly, as determined by the Department’s evaluation of the facility’s operation and maintenance.

History

Authority: T.C.A. §§ 68-221-801 et seq., 68-221-1001 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-01.

Tenn. Comp. R. & Regs. 0400-46-01-.03 PROGRAM MANAGEMENT

(1) The assigned Project Criteria Points and the calculated Priority Point Value are applicable only to WWTP projects and will be summed to establish a proposed project’s Priority Rank.

Projects will be placed on the Priority Ranking List in ascending order by Priority Rank, i.e., in descending order by total project priority points.

December, 2013 9 (2) When the project is placed on the Priority Ranking List, the potential loan recipient is responsible for providing a written detailed project description, a schedule of events, and an up-to-date project cost estimate to the Department. The Department may request adjustments to the cost estimate at its discretion.

(3) The Department will use the project cost estimates on the Priority Ranking List to allocate available funds to as many potential loan recipients as possible in order to protect public health and the environment. The Department may limit the award amount per loan in order to provide funds to more potential loan recipients.

(4) The priority of available funds will be assigned to those projects with the highest Priority Rank on the Priority Ranking List with preference given to those projects that are ready to proceed.

(5) The Department may bypass projects on the Priority Ranking List that are not ready to proceed. The Department may also bypass projects if a completed loan application has not been received within 90 days after notification from the Department to the potential loan recipient that failure to submit the completed application will result in a bypass.

(6) Proposed projects with a lower Priority Rank may be fundable by virtue of bypass.

Preference will be given to those lower-ranked projects that are ready to proceed and that will make progress towards compliance with the enforceable requirements of the Clean Water Act and the Tennessee Water Quality Control Act.

(7) Projects may be purged from the Priority Ranking List annually, on April 15. Projects may be reinstated to the Priority Ranking List upon the Department’s receipt of a letter requesting the reinstatement. The letter must also include a written, detailed project description and an upto-date project schedule and cost estimate.

(8) The Department will remove a project from the Priority Ranking List prior to April 15 annually when financial assistance has been awarded or upon receipt of a written request from the potential loan recipient that they no longer want to include their project on the Priority Ranking List.

History

Authority: T.C.A. §§ 68-221-801 et seq., 68-221-1001 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-01.

Chapter 0400-46-02 Repealed (Transferred from 1200-22-02 which was repealed)

Tenn. Comp. R. & Regs. 0400-46-02-.01 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.11 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.02 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.03 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.04 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.05 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.06 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.07 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.08 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.09 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-02-.10 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-221-801, et seq.; and 68-221-1001, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-02. Repeal filed February 21, 2024; effective May 21, 2024.

Chapter 0400-46-04 Repealed (Transferred from 1200-22-04 which was repealed)

Tenn. Comp. R. & Regs. 0400-46-04-.01 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-221-201, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-04. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-04-.04 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-221-201, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-04. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-04-.02 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-221-201, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-04. Repeal filed February 21, 2024; effective May 21, 2024.

Tenn. Comp. R. & Regs. 0400-46-04-.03 REPEALED

History

Authority: T.C.A. §§ 4-5-201, et seq., and 68-221-201, et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-04. Repeal filed February 21, 2024; effective May 21, 2024.

Chapter 0400-46-06 State Revolving Fund (Transferred from 1200-22-06 which was repealed)

Tenn. Comp. R. & Regs. 0400-46-06-.01 INTRODUCTION

The purpose of the “Wastewater Facilities Act of 1987” enacted by the General Assembly of the State of Tennessee, (amended T.C.A. Title 68, Chapter 221, Part 10) is to facilitate statewide compliance with State and Federal water quality standards; to provide local governments in Tennessee with low-cost financial assistance relative to necessary wastewater facilities construction through the creation of a selfsustaining revolving loan program so as to improve and protect water quality and public health; and to establish fiscal self-sufficiency of wastewater facilities. It is intended that the revolving loan program be used in coordination with State and Federal assistance programs.

History

Authority: T.C.A. §§ 68-221-1001 et seq., 68-221-1005, and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22- 06.

Tenn. Comp. R. & Regs. 0400-46-06-.02 DEFINITIONS

As used in these rules:

(1) Act. The Wastewater Facilities Act of 1987, T.C.A. §§ 68-221-1001 et seq.

(2) Alternative technology. Proven wastewater treatment processes and techniques which provide for the reclaiming and reuse of water, productively recycle wastewater constituents or otherwise eliminate the discharge of pollutants or recover energy. Specifically, alternative technology includes land application of effluent sludge; aquifer recharge; aquaculture; direct reuse (non-potable); horticulture; revegetation of disturbed lands; containment ponds; sludge composting and drying prior to land application; self-sustaining incineration; methane recovery; co-disposal of sludge and solid waste and individual and onsite systems.

Alternative technology also includes a wastewater collection system other than conventional system. This includes, but is not limited to, small diameter pressure, gravity and vacuum sewers carrying partially or fully treated wastewater and which demonstrate a significant savings in the life cycle cost of the project when compared to an appropriate conventional technology.

(3) Authority. The Tennessee Local Development Authority as created by T.C.A. Title 4, Chapter 31.

(4) Best Management Practices. A practice or combination of practices which has been determined to be the most effective and practicable means of preventing or reducing water pollution to a level compatible with water quality goals.

(5) Borrower. Local government which has entered into a loan agreement with the Authority and the Department to fund a wastewater treatment facility.

(6) Clean Water Act. The Water Pollution Control Act of 1972, PL 92-500, as amended 33 U.S.C. §§ 1251 et seq., and rules and regulations promulgated thereunder.

(7) Collector Sewer. Lateral sewers within a publicly owned treatment system, which are primarily installed to receive and convey wastewater for treatment. Service connections designed for connection with those facilities including:

(a) Crossover sewers connecting more than one property on one side of a major street, road, or highway to a lateral sewer on the other side; and, (b) Pumping units and pressurized lines serving individual structures or groups of structures when such units are owned and maintained by the borrower.

This definition excludes facilities which convey wastewater on private property to the public lateral sewer.

(8) Combined sewer. A sewer that is designed as a sanitary sewer and a stormwater sewer.

(9) Construction. The erection, acquisition, alteration, reconstruction, improvement, or extension of wastewater facilities, including preliminary planning to determine the economic feasibility of wastewater treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, procedures, and other similar action necessary in the building of wastewater facilities, and the inspection supervision of the construction of wastewater treatment works.

(10) Department. The Tennessee Department of Environment and Conservation.

(11) Depreciation. An element of expense resulting from the use of long-lived assets. It is conventionally measured by allocating the expected net cost of using the asset (original cost less estimated salvage value) over its estimated useful life in a systematic and rational manner.

(12) Director. The Director of the Division of Water Resources within the Department.

(13) Enforceable requirements of the Clean Water Act. Those conditions or limitations of permits issued under Sections 402 or 404 of the Clean Water Act or T.C.A. § 69-3-108 which, if violated, could result in the issuance of a compliance order or initiation of a civil or criminal action under Section 309 of the Clean Water Act or the Water Quality Control Act. If a permit has not been issued, or where no permit applies, the term shall include the requirements necessary to meet the provisions of the T.C.A. § 69-3-101 et seq.

(14) EPA. The United States Environmental Protection Agency.

(15) Excessive infiltration/inflow. The quantities of infiltration/inflow which can be economically eliminated from a sewer system as determined in a cost-effective analysis that compares the costs for correcting the infiltration/inflow conditions to the total costs for transportation and treatment of the infiltration/inflow.

(16) Infiltration/Inflow Correction. Techniques which eliminate excessive infiltration/inflow. This definition refers to excessive infiltration/inflow reduction techniques that do not involve extensive excavation and/or replacement. Techniques considered to be infiltration/inflow correction include but are not limited to the following:

(a) Pressure testing and sealing procedures;

(b) Excavation and replacement where documented and severe infiltration/inflow problems can be corrected. Specific examples are replacing or repairing manhole covers, repairing crushed pipe within an area of temporary or permanent groundwater and replacement or repair of a sewer segment beneath a waterway; and, (c) Trenchless technologies such as sliplining.

(17) Initiation of operation. The date when all but minor components of a project have been built, all treatment equipment is operational and the project is capable of functioning as designed and constructed.

(18) Innovative technology. Developed wastewater treatment processes and techniques which have not been fully proven under the circumstances of their contemplated use and which represent a significant advancement over the state of the art in terms of significant reduction in life cycle cost of the project when compared to an appropriate conventional technology.

(19) Interceptor sewer. A sewer which is designed for one or more of the following purposes:

(a) To intercept wastewater from a final point in a collector sewer and convey such wastes directly to a treatment facility or another interceptor;

(b) To replace an existing wastewater facility and transport the wastes to an adjoining collector sewer or interceptor sewer for conveyance to a treatment plant;

(c) To transport wastewater from one or more municipal collector sewers to another municipality or to a regional plant for treatment; or (d) To intercept an existing major discharge of a raw or inadequately treated wastewater for transport directly to another interceptor or to a wastewater plant.

(20) Local Government. A county, incorporated town or city, metropolitan government, or state agency which has authority to administer a wastewater facility, or any combination of two or more of the foregoing acting jointly to construct a wastewater facility. “Local government” shall also mean any publicly owned utility district existing July 1, 1984, or if created after that date, any publicly owned utility district operating a wastewater facility and comprising at least 500 customer connections.

(21) Major rehabilitation. Techniques which involve the removal of the existing pipes, pumps, or manholes from the ground and replacing them with new ones under one or more of the following conditions:

(a) In locations where pipes or manholes have lost their structural integrity, such as pipes or manholes which are collapsed, crushed, broken, or badly deteriorated and cracked;

(b) In cases where pipe size enlargement, change in grade and/or line realignment are needed in addition to pipe deficiency corrections; or (c) In cases where the causes of damages to the existing pipes or manholes, including but not limited to corrosion, soil movement, and increasing traffic load, have been identified and it is desirable to prevent the recurrence of these damages by replacing the existing structures with new ones having better quality and greater strength.

(22) Nonexcessive infiltration. The quantity of flow which is less than 120 gallons per capita per day, domestic base flow plus infiltration, or the quantity of infiltration which cannot be economically and effectively eliminated from a sewer system as determined in a costeffective analysis.

(23) Nonexcessive inflow. The rainfall induced peak inflow rate which does not result in chronic operational problems related to hydraulic overloading of the treatment works during storm events. These problems may include but are not limited to surcharging, backups, bypasses, and overflows.

(24) Nonpoint Source (NPS) Pollution. Pollution emitting from sources other than point source.

(25) Operation and Maintenance. Activities required to assure the dependable and economical function of treatment works.

(a) Operation is the control of the unit processes and equipment which make up the treatment works. This includes financial and personnel management records laboratory control, process control, safety and emergency operation planning.

(b) Maintenance is the preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance and replacement of equipment.

(26) Planning/Design Facilities planning consists of those necessary plans and studies which directly relate to wastewater facilities or treatment works needed to comply with the requirements of Rules 0400-46-06-.06 and 0400-46-06-.08. Design consists of those necessary drawings, plans and specifications which directly relate to wastewater facilities needed to comply with the approved facilities plan.

(27) Priority Ranking List. A numerical listing of wastewater facility projects by priority points generated through the State Priority Ranking System, Chapter 0400-46-01, for which the State is authorized to provide financial assistance pursuant to T.C.A. Title 68, Chapter 221, Parts 8 and 10.

(28) Project. The activities or tasks the Department identifies in the loan agreement for which the borrower may expend, obligate or commit funds.

(29) Project Performance Standards. Performance and operational requirements applicable to the project, including the enforceable requirements of the Clean Water Act, and the design criteria upon which the plans and specifications are based.

(30) Project schedule. A timetable specifying the dates of key project events including but not limited to, the following: submittal of facility plan, submittal of plans and specifications, advertising for bidding, notice to proceed, and project completion.

(31) Security. That which is determined by the Authority to be acceptable to secure a loan to a local government under this Act and includes but is not limited to revenues of the facility, ad valorem taxes, state-shared taxes, letters of credit or bond insurance.

(32) State Revolving Fund (SRF) Loan. Loan program as established in the Wastewater Facilities Act of 1987.

(33) Useful life. The period during which a wastewater facility operates; this is not design life which is the period during which a wastewater facility is planned and designed to operate.

(a) For purposes of a cost-effective analysis the components of a wastewater facility shall have a useful life as follows:

Land - permanent;
Wastewater conveyance structures, including, but not limited to, collection system, outfall pipes, interceptors, force mains, and tunnels - 50 years;
Other structures, including, but not limited to, plant building, concrete process tankage, basins, and lift station structures - 50 years;
Process equipment - 20 years; and, 5. Auxiliary equipment - 15 years.

(b) Other useful life periods will be acceptable when sufficient justification can be provided to the Department. Where a system or a component is for interim service, the anticipated useful life shall be reduced to the period of interim service.

(34) User. A single municipal, domestic, commercial or industrial connection to a wastewater facility.

(35) User charge. A charge levied on users of a wastewater facility, or that portion of the ad valorem taxes paid by a user, for the user’s proportionate share of the cost of debt retirement, operation and maintenance, and depreciation of such works.

(36) Value Engineering. A specialized cost control technique which uses a systematic and creative approach to identify and to focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project.

(37) Wastewater facility. Any facility, including the reserve capacity thereof, whose purpose is to collect, store, treat, neutralize, stabilize, recycle, reclaim or dispose of wastewater, including treatment or disposal plants, interceptors, outfall, and outlet sewers, pumping stations, equipment and furnishings thereof and their appurtenances which are necessary to accomplish the foregoing purposes. “Wastewater facility” shall also include best management practice projects for controlling nonpoint sources of water pollution and the planning or replanning requirements of designated management authorities.

History

Authority: T.C.A. §§ 68-221-1001 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-06.

Tenn. Comp. R. & Regs. 0400-46-06-.03 PRIORITY

(1) General. The Authority will award loans to local governments for planning, design and construction of wastewater facilities under the provisions of T.C.A. Title 4, Chapter 31; Title 7,

Chapter 82; and Title 68, Chapter 221, only for projects on the Priority Ranking List.

(2) Obligation of SRF Loans. Funds will be allocated to projects based on the list established by the Priority Ranking Rules, Chapter 0400-46-01.

History

Authority: T.C.A. §§ 68-221-1001 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-06.

Tenn. Comp. R. & Regs. 0400-46-06-.04 ELIGIBILITY

(1) Loans shall be made only to local governments that:

(a) Have the authority to operate a wastewater facility that is on the Priority Ranking List.

(b) In the opinion of the Authority, demonstrate tangible financial capability to assure sufficient revenues to operate and maintain the wastewater facility for its useful life and to repay the loan;

(d) Agree to adjust periodically fees and charges for services of the wastewater facility in order that loan payments and costs of the wastewater facility are timely paid;

(e) Certify to comply with a plan of operation approved by the Department regarding the quality, compensation, and number of facility personnel for the life of the loan;

(f) Agree to maintain financial records in accordance with governmental accounting standards and to conduct an annual audit of the facility’s financial records; and (g) Provide such assurances as are reasonably requested by the Authority and the Department.

(2) Projects funded in whole or part from the SRF must be consistent with plans developed under

Section 205, 208, 303(e) or 319 of the Clean Water Act.

(3) Loans may be made to provide local governments with funds to conduct facilities planning and design.

History

Authority: T.C.A. §§ 68-221-1001 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-06.

Tenn. Comp. R. & Regs. 0400-46-06-.05 USES OF THE FUND

The SRF shall only be used:

(1) To make loans; and, (2) To pay program administration costs.

History

Authority: T.C.A. §§ 68-221-1001 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-06. Amendment filed April 17, 2015; effective July 16, 2015.

Tenn. Comp. R. & Regs. 0400-46-06-.06 APPLICATION PROCEDURE

(1) Applicants for SRF loans must submit an application on forms furnished by the Department.

(2) The Department shall review the loan application to ensure that it is complete and shall inform the applicant in writing of the determination and/or other information required.

(3) The Department shall submit recommendations for loans to the Authority.

(4) A facilities plan must be submitted and approved by the Department before approval of any loans which do not include planning. Potential loan applicants should confer with Departmental reviewers in the initial stages of the facilities planning process. A facilities plan shall contain the following information:

(a) identification of the planning area boundaries and characteristics, the existing problems and needs and problems for the next 30 or more years;

(b) demonstration that each sewer system is not or will not be subject to excessive infiltration/inflow;

(c) systematic identification, screening, study, evaluation, and cost-effective analysis of conventional technologies, as well as innovative, and alternative technologies;

(d) adequate evaluation of the environmental impacts of alternatives to support the costeffective analysis;

(e) if collection lines are included, establishment of whether they are for replacement or major rehabilitation necessary to the total integrity and performance of the wastewater treatment works servicing the community, or they are for a new collection system in an existing or planned wastewater treatment capacity;

(f) documentation on the project’s consistency with the approved elements of any applicable water quality management plan approved under Section 208 or 303(e) of the Clean Water Act; and, (g) a concise description of the selected alternative with an appropriate level of detail.

(5) User charge system.

(a) General. The borrower of an SRF loan must obtain the Department’s approval of its user charge system. If the borrower has a user charge system in effect at the time of the application, the borrower shall demonstrate that it meets the provisions of this paragraph or amend it as required.

(b) Rates. The user charge rate must produce adequate revenues to provide for the following expenditures:

Operation and maintenance expenses;
Interest; and 3. Depreciation or principal payment, whichever is greater.

These costs shall be reviewed by the borrower on an annual basis as a part of the budget process and the rates adjusted accordingly for the life of the loan.

(c) Operating deficits. The user charge system wilI require maintenance of user rate structures necessary to fund the current expenditures in subparagraph (b) of this paragraph, and to liquidate any retained earnings deficit over a period of time to be determined by the Department.

(d) Rate resolution.

Prior to loan approval, the applicant shall provide the Department with an adopted resolution which proposes a user rate that meets the requirements of the user charge system described in subparagraph (b) of this paragraph.
Prior to ninety percent payment of loan proceeds, the local government shall submit for Departmental approval the enacted user rate which meets the requirements described in subparagraph (b) of this paragraph.

(6) Intermunicipal agreements. If the project will serve two or more local governments, the borrower shall obtain Department approval of executed intermunicipal agreements prior to loan approval. These agreements may be in the form of contracts or other legally binding instruments necessary for the financing, construction, operation and maintenance of the proposed treatment works. At a minimum, it must include the basis upon which costs are allocated.

(7) Plans and Specifications.

(a) Plans and Specifications. All plans and specifications must be in accordance with the Facilities Plan/Engineering Report as approved by the Department, and should be consistent with the State Design Criteria for Sewage Works. The borrower must own easements and/or land, or have taken condemnation proceedings needed to construct the project before plans and specifications for a construction loan will be approved by the Department.

(b) Sewer Use Ordinance. All borrowers who do not have a Sewer Use Ordinance (SUO) in effect at the time of application are required to obtain the Department’s approval of an enacted SUO prior to the approval of plans and specifications for the project. The SUO must protect the technical and financial integrity of the collection and treatment system including provisions for the control of inflow/infiltration, toxicity, and maximum system use by all eligible customers.

(c) Pretreatment Program. If the borrower does not have a pretreatment program approved by the Department and the proposed project will result in the discharge of industrial wastes into the collection system, then an industrial survey in accordance with 40 CFR 403.8(f)(2)(i) (as amended) must be conducted. Results of the survey are to be submitted to the Division of Water Resources to determine if a pretreatment program must be developed.

History

Authority: T.C.A. §§ 68-221-1001 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-06. Amendment filed April 17, 2015; effective July 16, 2015.

Tenn. Comp. R. & Regs. 0400-46-06-.07 CONDITIONS

(1) Federal Requirements. During the period the SRF is capitalized by EPA grant money, any project funded must meet the following requirements:

(a) Title II Requirements. Projects must comply with the applicable requirements of Title II of the Clean Water Act cited in 40 CFR 35.3135 (f)(1) (as amended).

(b) Environmental Review. An environmental review of the proposed project meeting the requirements of 40 CFR 35.3140 (as amended) must be conducted.

(c) Other Federal Authorities. Projects must comply with other applicable federal authorities cited in 40 CFR 35.3145 (as amended).

(2) Loan Agreement.

(a) The loan agreement will be a legally binding contract between the State and the borrower. The agreement will contain general conditions and may, if necessary, contain special conditions.

(b) The general conditions will be requirements of law, regulations and policies of the State.

(c) The special conditions of the loan agreement will relate to specific provisions unique for an individual project including, but not limited to, time schedules and performance requirements.

(3) Loan Amendments. A loan amendment must be approved by the Department and the

Authority and shall be required when the final cost of the project is determined to be greater than the total amount approved in the loan agreement.

Loan amendments may be made to the original contract to include but not be limited to differences between the original construction cost estimate and the contract price.

(4) Procurement. Procurement transactions for equipment and construction must be conducted in a manner providing full and open competition consistent with the standards of 40 CFR 31.36 (as amended). The Department will review proposed procurement transactions for equipment and construction which exceed $25,000 prior to contract award. SRF loan participation for any project costs may be limited to amounts determined reasonable by the Department.

(5) Inspections. During project construction the borrower shall provide continuous inspection by qualified inspectors in sufficient numbers to ensure the project complies with approved plans and specifications.

The Department will conduct interim inspections to determine compliance with approved plans and specifications and loan agreement, as appropriate.

The borrower shall notify the Department in writing within 30 days of Initiation of Operation so that an operation and maintenance inspection and final inspection can be made by the Department.

(6) Loan Payments.

(a) Documentation. The Department shall review and certify the loan share of the appropriate project costs incurred and as certified and documented in the borrower’s most recent payment request which includes proper invoices to support costs. The payment will be in accordance with Request For Disbursement of Funds form as provided by the Department. The Authority shall pay the loan share of the project costs as certified by the Department.

(b) Non-Compliance. Payments shall be limited to work that complies with approved plans, specifications, and project schedules as determined by the Department.

(c) Adjustments. The Department may at any time review and audit requests for payment and make adjustments for, but not limited to, math errors, items not built or bought, and unacceptable construction.

(d) Release. By its acceptance of final payment, the borrower releases and discharges the Department, its officers, agents, and employees from all liabilities, obligations, and claims arising out of the project work under the loan, subject only to exceptions previously contractually arrived at and specified in writing between the Department and the borrower.

(7) Files and Records. All files and records pertaining to the project shall be maintained by the borrower throughout the project and made accessible to the Department and the Comptroller.

These files and records must be retained by the borrower for at least three years after construction completion.

(8) Change Orders. Changes in the project work that are consistent with the objectives of the project and that are within the scope and funding level of the loan agreement do not require the execution of a formal loan amendment, however, where the change order will result in the expenditure of more funds than the loan amount, a loan amendment must be executed prior to the implementation of the changes. The Department will determine the reasonableness of cost for all change orders.

(9) Project Performance.

(a) The borrower shall notify the Department in writing within 30 days of the actual date of Initiation of Operation.

(b) Following written notification to the recipient, the Department may unilaterally designate an Initiation of Operation date if the recipient fails to submit a reasonable date.

(c) One year after the date of Initiation of Operation, the borrower shall certify to the Department in writing whether or not the wastewater facility meets its project performance standards.

(d) The borrower shall take corrective action necessary to bring a project into compliance with the project performance standards.

(10) Reservation of Rights. Nothing in this rule:

(a) Prohibits a borrower from requiring more assurances, guarantees, or indemnity or other contractual requirements from any party performing project work; or, (b) Affects the Department’s right to take remedial action, including, but not limited to, administrative enforcement action and actions for breach of contract against a borrower that fails to carry out its obligations under this chapter.

(11) Effect of Approval or Certification of Documents. Review or approval of facilities plans, design drawings and specifications or other documents by or for the Department does not relieve the borrower of its responsibility to properly plan, design, build and effectively operate and maintain the wastewater facilities as required by law, regulations, permits and good management practices. The Department is not responsible for increased costs resulting from defects in the plans, design drawings and specifications or other subagreement documents.

(12) Value Engineering. During the design of the project the Director will determine when and to what degree value engineering will be conducted. Those value engineering determinations recommended by the Director shall be implemented by the local government and loan eligibility will be limited accordingly.

(13) Operation and Maintenance Manual. Prior to ninety percent payment of loan proceeds, all construction loan borrowers shall submit to the Department a draft Operation and Maintenance Manual for its approval as to adequacy and completeness. This shall apply only to loans for wastewater treatment plants. A final, plant-specific Operation and Maintenance Manual shall be submitted to the Department for its approval one year after Initiation of Operations.

History

Authority: T.C.A. §§ 68-221-1001 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. . Rule originally numbered 1200-22-06.

Tenn. Comp. R. & Regs. 0400-46-06-.08 FINANCING METHOD

(1) A construction loan, including loans made solely for equipment, shall be made for a period of time not to exceed 30 years or the useful life, whichever is shorter.

(2) A Planning and Design loan shall not exceed five years.

(3) Repayment of the interest of the loan will begin upon reimbursement to borrower of costs incurred.

(4) Repayment of the principal amount of the construction loan shall begin within 90 days after Initiation of Operation, or within 120 days after the borrower has borrowed 90 percent of the approved loan amount, whichever event occurs earlier.

(5) Repayment of the principal amount of loans other than construction loans must begin within two years of loan approval or within 120 days after the borrower has borrowed 90 percent of the approved loan amount, whichever event occurs earlier.

(6) The interest rates for SRF loans shall be fixed for the duration of the loan.

(7) The Department shall utilize the most current Ability to Pay Index (ATPI) developed by the University of Tennessee Center for Business and Economic Research to determine interest rates for SRF borrowers. Interest rates shall not exceed market values according to appropriate Bond Buyers Index. Local governments which fall within the lower scale of the ATPI will be offered the lower interest rate.

(8) The Department will recommend interest rates to the Authority.

History

Authority: T.C.A. §§ 68-221-1001 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed September 16, 2013; effective December 15, 2013. Rule originally numbered 1200-22-06. Amendment filed April 17, 2015; effective July 16, 2015.

0400-48 Water Resources (Groundwater Protection)

Chapter 0400-48-01 Regulations To Govern Subsurface Sewage Disposal Systems (Transferred from 1200-01-06)

Tenn. Comp. R. & Regs. 0400-48-01-.01 SUBSURFACE SEWAGE DISPOSAL SYSTEMS - GENERAL

(1) General (a) Purpose, Scope and Applicability The purpose of these regulations is to provide for the implementation of T.C.A. Title 68 Health, Safety and Environmental Protection, Chapter 221 Water and Sewerage, Part 4 Subsurface Sewage Disposal Systems.

(b) Use of Number and Gender As used in these rules:

Words in the masculine gender also include the feminine and neuter genders; and 2. Words in the singular include the plural; and 3. Words in the plural include the singular.

(1) paragraph (a) subparagraph 1. part (i) subpart (I) item I. subitem A. section (A) subsection

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.02 DEFINITIONS

“Accessible Community Sewer” means a public sewerage system where its utilization by a given piece of property is not limited because of physical or other features as determined by the Commissioner.

“Advanced Treatment System (ATS)” means an approved treatment device in compliance with Rule

Tenn. Comp. R. & Regs. 0400-48-01-.03 may apply as deemed necessary by the Department either on an area basis or site specific basis.

(2) Water Table- The water table shall be at least four (4) feet below the bottom of the disposal field, except that a lesser depth may be permitted where soil conditions provide adequate protection for groundwater.

(a) Borings for determination of perched groundwater and the water table may be required by the Commissioner. In such cases, borings shall be made to a minimum depth of six (6) feet or as site conditions so warrant. Sufficient time shall be provided for stabilization of groundwater before water table elevations are recorded. In sandy soil this may require as little as thirty (30) minutes, while clay soil may require several hours or overnight. Borings shall be located by number on the plat. Borings shall be conducted during the wettest part of the year and at a time approved by the Commissioner.

(3) Rock - At sites where surface rock or subsurface rock formations exist to such degree as to affect operational effectiveness of subsurface sewage disposal systems, a sufficient number of borings to a minimum depth of six (6) feet may be required by the Commissioner to determine whether subsurface sewage disposal systems can be expected to give satisfactory service. Such borings shall be located by number on the plat and the results recorded.

(a) Rock formations shall be at a depth greater than four (4) feet below the bottom of the disposal field trenches, provided a lesser depth may be permitted where soil conditions so warrant.

(b) Rock may be removed in the septic tank excavation if a smooth, firm, level bedding is provided.

(4) Other Site Considerations:

(a) Areas consisting of fill shall be excluded from the area considered for installation of the disposal fields unless soil conditions provide for adequate filtration and will prevent outcropping of sewage effluent.

(b) Gullies, ravines, dry stream beds, natural drainage ways, sinkholes, wells, springs, cisterns, streams and caves shall be excluded from consideration as usable areas for subsurface sewage disposal systems.

Depth to rock formations must be a minimum of four (4) feet from the surface of the ground and trench depth shall not exceed thirty (30) inches.
Slopes must be thirty (30) percent or less.
The area must not be subject to flooding.
All other site suitability criteria must be met.

(d) Maximum slope permitted for the area to be used for the disposal field shall be determined by the consideration of lateral flow of effluent to the surface of the slope.

Slopes of more than thirty (30) percent shall be considered unsuitable unless soil conditions will prevent lateral movement of sewage effluent to the ground surface.

Slopes exceeding fifty (50) percent shall be considered unsuitable.

(e) Lot Grading - The area to be used for the disposal field shall not be disturbed when grading the lot. However, where this is unavoidable, a re-evaluation shall be made after grading has been completed. After the suitability of any area to be used for subsurface sewage disposal has been evaluated and approved for construction, no change shall be made to this area unless the Commissioner is notified and a re-evaluation of the area’s suitability is made prior to the initiation of construction.

(f) When soils evaluations indicate the soil absorption rate to be less than ten (10) minutes per inch, a conventional subsurface sewage disposal system shall not be used.

(5) Soil Improvements (a) Site Requirements 1. Sites where soil improvement is necessary to change soil absorption rates to the acceptable range shall be considered unsuitable for subsurface sewage disposal until the improvement is adequately noted on the recorded final plat and in addition, noted on the permit at the time of issuance.

Sites where soil protection practices are necessary to maintain soil absorption rates within the acceptable range shall be considered unsuitable for subsurface sewage disposal until the protection practice is adequately noted on the recorded final plat and in addition, noted on the permit at the time of issuance.

(b) Design 1. The improvement and/or protection practices shall be of such location, configuration and construction to adequately collect, remove and discharge by gravity all interfering surface and subsurface water and not to collect sewage or any effluent from a subsurface sewage disposal system.

The minimum trench width of the soil improvement and/or protection practice shall be twelve (12) inches.

(c) Material Specifications 1. The gravel in the improvement and/or protection practices must be of sufficient amount, size and quality to allow storage and free movement of the collected water.

If an impermeable barrier is necessary for proper performance of the improvement and/or protection practice, the barrier must be of sufficient strength and durability to withstand the conditions under which it must perform.
The collection pipe must have a minimum diameter of four (4) inches, or equivalent, and must be designed to collect groundwater. It must be constructed to withstand the conditions and weights under which it must perform.
The outlet pipe must be at least ten (10) feet in length and have a minimum diameter of three (3) inches, unless otherwise specified on an engineered drainage plan, and be a minimum of Schedule 40 PVC. The outlet pipe must be of sufficient length to extend into the corrugated pipe in order to allow for a suitable connection. The outlet pipe must be fixed to the corrugated pipe as to not allow for easy removal. The outlet pipe must extend to the surface and the end must be modified to not allow entry of animals, but will allow sediment to exit.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.04 ADDITIONAL SITE REQUIREMENTS AND LIMITATIONS FOR SUBDIVISION

APPROVAL AND INDIVIDUAL LOTS AND ISSUANCE OF CONSTRUCTION PERMITS.

(1) Suitability of Site - Prior to the design of subsurface sewage disposal systems, the suitability of the site must be demonstrated through acceptable soil absorption rates, acceptable soil conditions, freedom from groundwater interference or slowly permeable strata below the level of the disposal field and other topographic characteristics. For lots that are not part of a subdivision as defined herein, the Commissioner may determine site suitability, acceptable soil absorption rates, acceptable soil conditions, freedom from groundwater interference or impervious strata below the level of the disposal field and other topographic characteristics.

For lots that are not part of a subdivision as defined herein, where the services of a soil consultant are utilized, then the requirements established in subparagraph (3)(a) of Rule

Tenn. Comp. R. & Regs. 0400-48-01-.05 PERCOLATION TEST PROCEDURES

(1) Type of Test Holes - The holes shall be dug or bored, with horizontal dimensions from six (6) to twelve (12) inches and vertical sides to the depth as appropriate for the type of system to be installed and the house that is to be constructed.

(2) Preparation of Test Holes - Carefully scratch the bottom and sides of the holes with a knife blade or sharp pointed instrument in order to remove any smeared soil surfaces, and to provide a natural soil interface into which water may percolate. Remove all loose material from the holes. Add two (2) inches of coarse sand or fine gravel to protect the bottom from scouring and sediment.

(3) Conducting the Test - Carefully fill the holes with clear water to a minimum depth of twelve (12) inches over the gravel. No additives shall be used at any time during the percolation test procedures. In most soils, it is necessary to refill the holes by supplying a surplus reservoir of water, possibly by means of an automatic siphon, to keep water in the holes at least four (4) hours and preferably overnight. The measurement period of the test shall begin twenty-four (24) to thirty (30) hours after initial filling.

(4) Percolation Rate Measurement - Percolation rate measurement shall be made on the day following the procedure described under item (3) of the percolation test form and calculations of area required for disposal fields shall be based on Appendix II.

(5) If greater than six (6) inches of water remains in the test holes after the overnight presoaking period, adjust the depth to approximately six (6) inches over the gravel. From a fixed reference point, measure the drop in water level over a thirty (30) minute period. This drop is used to calculate the percolation rate.

(6) If six (6) inches, or less, of water remains in the holes after the overnight presoaking period, add clear water to bring the depth of water in the holes to approximately six (6) inches over the gravel. From a fixed reference point measure the drop in the water level at approximately thirty (30) minute intervals for four (4) hours, refilling to approximately six (6) inches over the gravel after each reading. The drop that occurs during the final thirty (30) minute period is used to calculate the percolation rate. The drop that occurs during prior periods provides information for possible modification of the procedure to suit local circumstances.

(7) Only percolation rates generated as the result of the complete four (4) hour measurement period will be considered valid for plat approval or permit issuance.

(8) Tests shall be conducted by an engineer or surveyor licensed in the State of Tennessee. An approved soil consultant or a registered professional environmentalist registered in the State of Tennessee may conduct percolation tests if they are not employed by a State, Regional, District, County or Municipal Department of Environment and Conservation.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.06 CONSTRUCTION PERMIT

(1) No property owner or installer of a subsurface sewage disposal system shall construct, alter, extend or repair subsurface sewage disposal systems within the State of Tennessee unless he holds a valid construction permit issued by the Commissioner.

(2) The Commissioner shall refuse to grant a permit for the construction of a subsurface sewage disposal system where there is an accessible public sewerage system. The recipient of a permit for construction of a subsurface sewage disposal system shall be the responsible person(s) for adhering to the construction requirements of these regulations.

(3) These rules also apply in correcting existing failures; however, the Commissioner may allow repairs if the site does not meet the soil suitability, disposal field length and reserve area requirements. Repair permits are necessary when installing tanks (septic or dosing) and/or installing absorption field line in order to correct an existing failure.

(4) The construction permit shall have an expiration date effective three (3) years from the date of issuance. All construction permits issued prior to February 4, 1990 shall expire on June 30, 1996.

(5) Electrical Inspector Notification (a) Any person who intends to construct or locate a house or establishment, mobile or permanent, after June 30, 1994, shall furnish evidence to the official electrical inspector that:

An application for a subsurface sewage disposal system construction permit has been made (on a form provided by the Division of Water Resources), or 2. The house or establishment is served by a public sewerage system.

(b) Provided however, this shall not apply to farm buildings or other buildings which are not connected to a public sewerage system or a subsurface sewage disposal system.

(c) Where an existing subsurface sewage disposal system is to be utilized, a statement shall be provided by the Division of Water Resources (upon notification by the landowner or their agent) that will serve as evidence that the requirements of T.C.A. § 68-221-414(a) have been met.

(d) Where there is an established countywide building permit program, as determined by the Commissioner, or where power is being restored, the provisions of this rule shall not apply.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.07 DESIGN OF THE CONVENTIONAL DISPOSAL FIELD

(1) The size of the conventional subsurface sewage disposal system shall be determined by the following:

(a) The suitability of the site shall be determined by a high or extra-high intensity soil map completed by an approved soil consultant and other criteria established by these regulations. The soil absorption rates that range from ten (10) through seventy-five (75) minutes per inch are acceptable. Soil absorption rates for soil series and phases of soil series that are established in Appendix I shall apply. The absorption rates for soil series and phases that have been recognized by the Natural Resource Conservation Service in Tennessee, but not listed in Appendix I shall be established by the Department. Rates for soil variants and miscellaneous land types may be established by an approved soil consultant, but may require approval by the Department.

(b) Where percolation tests are conducted the size of the subsurface sewage disposal system shall be determined by the rate found in Appendix II. The minimum square footage of trench bottom installed per bedroom shall be three hundred seventy (370).

(c) On individual lots where the Commissioner determines site suitability, an estimated soil absorption rate up to and including seventy-five (75) minutes per inch may be established. The size of the conventional subsurface sewage disposal system shall be determined by the rate found in Appendix II.

(d) Soils with absorption rates greater than seventy-five (75) minutes per inch as determined by a soil evaluation shall be considered unsuitable for conventional subsurface sewage disposal. Soils with percolation rates less than one hundred six (106) minutes per inch may be used for conventional systems under authority of T.C.A. § 68-221-403(c)(1).

(2) Where conventional subsurface sewage disposal systems are installed, sufficient additional area must be available for the expansion of the disposal field in an amount large enough to install a secondary subsurface sewage disposal field as defined by these regulations.

(3) Design of the disposal field shall be of the recirculating (level lot) or serial distribution type or a modification of either, depending on the characteristics of the site.

(a) Recirculating Design - A recirculating design provides equal distribution of the effluent throughout the entire system by connecting successive trenches on both ends and by maintaining the grade in the bottom of these trenches from level to no more than four (4) inches. In this manner, the entire absorption area within the sewage system is utilized concurrently.

(b) Serial Distribution - In serial distribution, each adjacent trench is connected to the next by a closed pipe laid on an undisturbed section of ground. The arrangement is such that all effluent is discharged to the first trench until it is filled. Excess liquid is then carried by means of a closed line (relief line) to the next trench. In this manner, each portion of the subsurface system is used in succession.

When the estimated daily flow volume exceeds seven hundred fifty (750) gallons for a single system, a properly designed dosing system shall be used for discharging septic tank effluent into the disposal field. The Commissioner shall require design plans by a licensed engineer. The Commissioner may also require:

(i) Prior to design approval, a licensed engineer must agree, in writing, to monitor the installation and construction of the system and upon completion, provide a final set of construction as-built plans encompassing all components of the system and certification that the installation is in accordance with the design specifications.

(ii) Prior to design approval, it shall be the responsibility of the Department to review the aforementioned design and notify the engineer, in writing, of approval of the plans, denial of the plans or needed modifications to the plans.

When the design daily flow from a single source exceeds three thousand (3,000) gallons per day, siphons or pumps shall be used which shall discharge to separate disposal fields. Each system shall not exceed a design capacity of three thousand (3,000) gallons per day.
Discharges from dosing systems shall be designed to maximize the distribution of the effluent throughout the system.
Buffer zones shall be required at a frequency and size as determined by a detailed soil/site evaluation.

(4) Construction Procedure for Disposal Field (a) The pipe size from the septic tank to the disposal field or to the dosing chamber shall not be less than three (3) inches in diameter (inside measurement) and shall be functionally equivalent to Schedule 40 PVC except when Rule 0400-48-01-.15 applies.

The pipe from the septic tank to the disposal field shall be of sufficient length to rest on undisturbed earth.

(b) Materials and equipment used in subsurface sewage disposal systems shall be those which have specifications outlined in these regulations.

(c) The disposal field trenches shall follow the ground surface contours so that variations in trench depth will be minimized.

(d) A minimum of six (6) feet of undisturbed earth between adjacent trench walls shall be required.

(e) Adjacent trenches in a serial distribution system shall be connected with a relief line in such a manner that each trench is completely filled with septic tank effluent to the full depth of the media before effluent flows to a succeeding trench.

(f) In constructing relief lines, care must be exercised to insure that an undisturbed block of earth remains between trenches. The trench for the relief pipe, where it connects with the preceding absorption trench, shall be dug no deeper than the top of the media.

The relief line shall rest on undisturbed earth and backfill must be carefully tamped.

This section pertains primarily to a serial distribution system. Pipe for relief lines shall have no perforations and shall have a minimum inside diameter of three (3) inches and shall be Schedule 40 PVC or functionally equivalent. All couplings and/or connections must be accomplished with materials/fittings manufactured specifically for Schedule 40 PVC or functionally equivalent to the point of connection with the pipe in the disposal field and shall provide a secure connection. The lengths of pipe used for relief lines shall not be considered part of the required absorption area.

(g) The influent and effluent relief lines in each individual trench shall be as far from each other as practical in order to prevent short circuiting.

(h) Invert of the overflow pipe in the first relief line shall be at least four (4) inches lower than the invert of the septic tank outlet.

(i) Trenches shall not be excavated when the soil is wet enough to smear or compact easily.

(j) Media for the disposal fields shall consist of crushed rock, gravel or other suitable material as approved by the Department, and shall be size number 2, 3, 4 or 24 coarse aggregate, as defined by ASTM D-448-86. The material shall be free from dust, sand, clay or excessive fines. At least ninety (90) percent of the material must pass a two and one-half (2 1/2) inch screen and not more than five (5) percent may pass a onehalf (1/2) inch screen.

(k) Media for the disposal fields shall extend from at least two (2) inches above the top of the perforated field line pipe to at least six (6) inches below the bottom of the perforated field line pipe to achieve a minimum of twelve (12) inches total, except for systems designed pursuant to T.C.A. § 68-221-403(i).

(l) The top of the disposal field media shall be below the invert of the septic tank outlet.

(m) The media for the disposal fields shall be covered with untreated building paper, a layer of straw at least two (2) inches thick or other material determined to be equivalent by the Commissioner.

(n) Soil material excavated from trenches should be used in backfilling and should be left mounded over the trenches until initial settling has taken place.

(o) There shall be a minimum of twelve (12) inches of ground cover over the disposal field media and the maximum shall be thirty-six (36) inches of fill, except for systems designed pursuant to T.C.A. § 68-221-403(i).

(p) The bottom of the trenches and the distribution lines shall have a grade from level to no greater than four (4) inches.

(q) All pipes (tight lines) under paved areas or under driveways shall be Schedule 40 PVC or functionally equivalent and have a minimum inside diameter of three (3) inches. The lengths of pipe used for relief lines and tight lines shall not be considered part of the required absorption area.

(r) The pipe used in the disposal field trenches shall have a minimum diameter of four (4) inches, be perforated with one-half (1/2) inch holes and conform to or exceed the standards of the most current version of ASTM F-405.

(s) The area of the disposal field shall not be used for vehicular traffic or vehicular parking.

Dozers, trucks and other heavy vehicles shall not be allowed to run over the septic tank, field lines or other parts of the system.

(t) Systems with electrical components must obtain an electrical inspector’s approval associated with the subsurface sewage disposal system electrical component(s) prior to being considered for construction inspection.

(u) The maximum depth of a trench shall be forty-eight (48) inches. The minimum depth shall be twenty-four (24) inches, except for systems designed pursuant to T.C.A. § 68- 221-403(i).

(v) The area of the disposal field shall not be used for any underground utilities.

(w) A septic tank must not be bypassed by direct line (laundry, grease, etc.) to field line.

(x) Down-spouts shall not be connected to the subsurface sewage disposal system.

Down-spouts or other surface water shall be diverted away from the subsurface sewage disposal system.

(y) Water lines shall not cross, pass through, or go under the subsurface sewage disposal field. Water lines may cross, but not be located in the same trench with, a tight line leading from a septic tank or dosing tank to a disposal field provided the water line is sleeved in a continuous twenty (20) feet section of Schedule 40 PVC pipe or equivalent (a minimum of ten (10) feet on either side of the tight line) and the water line is a minimum of one (1) foot vertically above the tight line.

(5) No system shall be covered without the inspection and authorization of the Commissioner.

(6) Conventional Substitute Products (a) A Large Diameter Gravelless Pipe (LDGP) System is a subsurface sewage disposal system that has one (1) basic design principle different from conventional subsurface sewage disposal systems, which is that an eight (8) or ten (10) inch inside diameter corrugated polyethylene perforated pipe is used for the storage and distribution of effluent in a trench in lieu of a four (4) inch diameter pipe and gravel. A filter, fabric wrap around the pipe prevents soil infiltration into the pipe; and prevents small, suspended solids from moving out of the pipe.

LDGP systems exceeding seven hundred fifty (750) gallons of estimated daily flow volume shall meet the minimum requirements established in subparagraph (3)(c) of this

rule.

Site and Soil Requirements (i) The site and soil requirements are the same as for a conventional subsurface sewage disposal system. Where the soil absorption rate exceeds sixty (60) minutes per inch, gravel backfill, leveled with the top of the LDGP, shall be required in accordance with subparagraphs (4)(j) and (m) of this rule and a trench width of twenty-four (24) inches.

(ii) An area of suitable soil must be available equivalent in size to that necessary to install and duplicate a conventional subsurface sewage disposal system.

(iii) The size of the LDGP system shall be determined by the following:

(I) The suitability of the site shall be determined by a high or extra-high intensity soil map completed by an approved soil consultant and other criteria established by these regulations. The soil absorption rates that range from ten (10) through seventy-five (75) minutes per inch are acceptable. Soil absorption rates for soil series and phases of soil series that are established in Appendix I shall apply. The absorption rates for soil series and phases that have been recognized by the Natural Resource Conservation Service in Tennessee, but not listed in Appendix I shall be established by the Department. Rates for soil variants and miscellaneous land types may be established by an approved soil consultant, but may require approval by the Department. The rate found in Table I shall determine the size of the LDGP system.

(II) On individual lots where the Commissioner determines site suitability, an established soil absorption rate up to and including seventy-five (75) minutes per inch may be established. The size of the LDGP system shall be determined by the rate found in Table I.

(III) Where percolation tests are required to determine the absorption rate, the size of the LDGP system shall be determined by the rate found in Table I (370 linear foot minimum).

Table I Soil Absorption Rates and Corresponding Trench Length Requirements for LDGP Systems Absorption Rate (mpi)

Trench Length (ft/gal) Trench Length (ft/bedroom) 8 in Pipe 10 in Pipe 8 in Pipe 10 in Pipe 10 0.600 0.400 83 55 15 0.700 0.467 95 64 30 1.000 0.667 125 84 45 1.250 0.834 150 100 60 1.450 0.967 165 110 75 1.600 1.067 185 124 80 1.650 1.100 190 126 85 1.700 1.134 195 130 90 1.750 1.167 200 134 95 1.800 1.200 208 139 100 1.850 1.234 215 144 105 1.900 1.267 223 149 Examples:

The soil absorption rate is thirty (30) minutes per inch. A three (3) bedroom home is to be located on this site. If an eight (8) inch inside diameter pipe is used:

( ) ft 375 Bedroom ft Bedrooms 3=       The soil absorption rate is ninety-five (95) minutes per inch. A four (4) bedroom house is to be located on this site. If a ten (10) inch inside diameter pipe is used:

() ft 556 Bedroom ft 139 Bedrooms 4=       The soil absorption rate is forty-five (45) minutes per inch. A commercial building generating five hundred (500) gallons of wastewater per day is to be located on this site. If a ten (10) inch inside diameter pipe is used:

() ft 174 gallon ft 0.834 gallons 500=         The soil absorption rate is eighty-five (85) minutes per inch. An industrial plant generating three hundred seventy-five (375) gallons of wastewater per day is to be located on this site. If an eight (8) inch inside diameter pipe is used:

() ft 638 gallon ft 1.700 gallons 375=         2. Layout of the LDGP System (i) The linear footage required is determined from Table I.

(ii) The location of the septic tank and the disposal field shall be in accordance with Rule 0400-48-01-.11.

(iii) The lateral lines shall be placed on contour. The maximum length of a single line should not exceed one hundred (100) feet unless conditions require a longer line.

(iv) The trench bottom of each lateral shall have a grade from level to no greater than two (2) inches per one hundred (100) feet.

(v) A minimum of six (6) feet of undisturbed earth between adjacent trench walls shall be required.

(vi) Trench width shall be a maximum of eighteen (18) inches when the soil absorption rate is sixty (60) minutes per inch or less. Trench width shall be a minimum of twenty-four (24) inches with gravel backfill when the soil absorption rate exceeds sixty (60) minutes per inch.

(vii) Trench depth shall range between twenty-two (22) and forty-eight (48) inches for eight (8) inch pipe and twenty-four (24) and forty-eight (48) inches for ten (10) inch pipe.

(viii) The large diameter pipe shall be positioned in the trench so that the top location stripe is on top. Sections of pipe shall be securely joined and the filter wrap must cover all joints and the ends of each line. All couplings and/or connections must be accomplished with material/fittings manufactured specifically for large diameter gravelless pipe. Where a supply or tight line ties into the side of a large diameter gravelless pipe, the supply line or tight line shall not penetrate the pipe more than two (2) inches.

(ix) Soil material excavated from trenches should be used in backfilling and should be left mounded over the trenches until initial settling has taken place.

(x) The invert of the overflow pipe in the first relief line shall be at least four (4) inches lower than the invert of the septic tank outlet. The trench for the relief line, where it connects with the preceding LDGP, shall be dug no deeper than the top of the LDGP. In a recirculating design, the top of the LDGP must be a minimum of one (1) inch below the invert of the septic tank outlet.

Equipment and Material Specifications (i) Septic Tank - Rules 0400-48-01-.08 and 0400-48-01-.09 shall apply.

(ii) Pipe – (I) The eight (8) and ten (10) inch inside diameter tubing shall be corrugated polyethylene, meeting the requirements of ASTM F667, Standard Specification for Large Diameter Corrugated Polyethylene Tubing.

(II) Perforations shall be cleanly cut and uniformly spaced along the length of the tubing as follows: two (2) rows of three-eighths (3/8) to one-half (1/2) inch diameter holes located 115° - 125° apart along the bottom half of the tubing with each row of holes 57.5° - 62.5° up from the bottom centerline. These perforations should be staggered so that there is only one (1) hole in each corrugation. Perforations must be located in the minimum diameter portions of the pipe.

(III) The tubing shall be marked with an easily visible top location stripe.

(iii) Filter Wrap - All large diameter pipe shall be encased with a spun bonded nylon, or other material of similar strength and durability. If the filter wrap is installed at the point of manufacture, then the corrugated pipe and filter wrap shall be shipped in a protective covering that will prevent damage to the filter wrap. This wrap shall meet or exceed the following general qualities:

Physical Properties Minimum Values Weight 0.75 oz/yd Thickness 4.4 mm Grab Strength Machine Direction 19 lbs Transverse Direction 11 lbs Burst strength 26 psi Air Permeability 500 cfm/ft Water Flow Rate (3 ft head pressure) 200 gpm/ft (b) A Chamber System is a media replacement system consisting of a plastic arch-shaped open bottomed chamber. Chamber systems that exceed seven hundred fifty (750) gallons of estimated daily flow volume shall meet the minimum requirements established in subparagraph (3)(c) of this rule.

Site and Soil Requirements (i) The site and soil requirements are the same as for a conventional subsurface sewage disposal system.

(ii) An area of suitable soil must be available equivalent in size to that necessary to install and duplicate a conventional subsurface sewage disposal system.

Layout of the Chamber System (i) The size of a chamber system shall be equivalent to the total linear footage required for a three (3) feet wide conventional subsurface sewage disposal system. However, where the soil absorption rate is from ten (10) to sixty (60) minutes per inch, the total linear footage may be reduced by thirty (30) percent. If a portion of a unit is left over after determining the total linear footage required, round up to the nearest whole unit.

(ii) The location of the septic tank and the disposal field shall be in accordance with Rule 0400-48-01-.11.

(iii) The lateral lines shall be placed on contour. The maximum length of a single line should not exceed one hundred (100) feet unless conditions require a longer line.

(iv) The trench bottom of each lateral shall have a grade from level to no greater than two (2) inches per lateral line.

(v) A minimum of six (6) feet of undisturbed earth between adjacent trench walls shall be required.

(vi) Trench width shall be no more than six (6) inches wider than the product width, with the maximum trench width being thirty-six (36) inches.

(vii) Trench depth shall range from twenty-four (24) to forty-eight (48) inches.

(viii) Soil material excavated from trenches should be used in backfilling and should be left mounded over the trenches until initial settling has taken place.

(ix) The top of the chambers shall be below the invert of the septic tank outlet.

(x) The trench for the relief pipe, where it connects with the preceding absorption trench, shall be dug no deeper than the invert of the opening in the end plate.

Equipment and Material Specifications (i) Septic Tank - Rules 0400-48-01-.08 and 0400-48-01-.09 shall apply.

(ii) Chamber – (I) Chambers of varying heights and widths may be approved on an individual basis by the Director of the Division of Water Resources.

(II) Each chamber must be designed to interlock with adjacent chambers, inlet plate or end plate forming a complete disposal trench that consists of an inlet plate and a solid end plate to be located at the distal end of each terminal trench.

(III) The chamber sidewall must be designed to allow effluent to pass laterally into the soil.

(IV) Chambers shall be constructed of materials meeting the material property requirements of the International Plumbing and Mechanical Officials (IAPMO) Property Standard 63-2005.

(c) Expanded Polystyrene Expanded polystyrene (EPS) synthetic aggregate systems are cylinders comprised of EPS aggregate contained in high strength polyethylene netting. Cylinders may vary in diameter and are produced both with and without a distribution pipe.

Site and Soil Requirements (i) The site and soil requirements are the same as for a conventional subsurface sewage disposal system.

(ii) An area of suitable soil must be available equivalent in size to that necessary to install and duplicate a conventional subsurface sewage disposal system.

Layout of the EPS System (i) The size of an EPS system shall be equivalent to the total linear footage required for a three (3) feet wide conventional subsurface sewage disposal system. However, where the soil absorption rate is from ten (10) to sixty (60) minutes per inch, the total linear footage may be reduced by thirty (30) percent for approved EPS product configuration totaling 36 inches in width.

If a portion of a unit is left over after determining the total linear footage required, round up to the nearest whole unit.

(ii) The location of the septic tank and the disposal field shall be in accordance with Rule 0400-48-01-.11.

(iii) The lateral lines shall be placed on contour. The maximum length of a single line should not exceed one hundred (100) feet unless conditions require a longer line.

(iv) The trench bottom of each lateral shall have a grade from level to no greater than two (2) inches per lateral line.

(v) A minimum of six (6) feet of undisturbed earth between adjacent trench walls shall be required.

(vi) Trench width shall be no more than six (6) inches wider than the product width, with the maximum trench width being thirty-six (36) inches.

(vii) Trench depth shall range from twenty-four (24) to forty-eight (48) inches.

(viii) Soil material excavated from trenches should be used in backfilling and should be left mounded over the trenches until initial settling has taken place.

(ix) The top of the EPS bundles shall be below the invert of the septic tank outlet.

(x) The trench for the relief pipe, where it connects with the preceding absorption trench, shall be dug no deeper than the top of the EPS bundles.

(xi) All couplings and/or connections must be accomplished with material/fittings manufactured specifically for EPS products.

(xii) The EPS bundles shall be covered with untreated building paper or other material determined to be equivalent by the Commissioner.

Equipment and Material Specifications (i) Septic Tank - Rules 0400-48-01-.08 and 0400-48-01-.09 shall apply.

(ii) EPS Product – (I) Each EPS product configuration shall be approved independently.

(II) Each EPS bundle responsible for assuring effluent distribution must be designed to connect to adjacent bundles.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.08 SEPTIC TANK CAPACITY

(1) For residences, the liquid capacity of the septic tank shall be based on the following:

Number of Bedrooms Septic Tank Capacity 2 or less 750 gallons 3 900 gallons a 1000 gallons a For each additional bedroom, add two hundred fifty (250) gallons (2) For facilities other than residences, the net volume or effective liquid capacity below the flowline of a septic tank for flows up to five hundred (500) gallons per day shall be at least seven hundred fifty (750) gallons. For flows between five hundred (500) and fifteen hundred (1500) gallons per day, the capacity of the tank shall be equal to at least one and one-half (1 1/2) days’ liquid sewage flow. With flows greater than fifteen hundred (1500) gallons per day the minimum effective tank liquid capacity shall equal one thousand one hundred twenty-five (1125) gallons plus seventy-five (75) percent of the daily sewage flow; or V=1125+0.75Q where V is the volume of the tank in gallons and Q is the daily sewage flow in gallons.

Additional tank volume may be necessary where unusual waste water characteristics are expected from a facility. Expected normal sewage flows may be determined from a list as provided by the Department or actual known water usage data for any facility to be served may be used if available.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.09 DESIGN OF SEPTIC TANKS

(1) A septic tank shall be watertight, structurally sound, and not subject to excessive corrosion or decay. Septic tanks installed after January 1, 1991 shall be of two (2) compartment design.

The inlet compartment of a two (2) compartment tank shall be between two-thirds (2/3) and three-fourths (3/4) of the total tank capacity.

(2) Minimum standards of design and construction of precast reinforced concrete septic tanks:

(a) The liquid depth may range from thirty (30) to sixty (60) inches for septic tanks of less than three thousand (3000) gallons capacity and may not exceed seventy-eight (78) inches for septic tanks with a capacity of three thousand (3000) gallons or greater.

(b) All tanks shall be manufactured with a partition so that the tank contains two (2) compartments. The partition shall be located at a point not less than two-thirds (2/3) nor more than three-fourths (3/4) the length of the tank from the inlet end. The tank wall thickness must remain not less than two and one-half (2 1/2) inches thick throughout the tank except for blockouts or the groove for a slide-in partition. The groove for the slide-in partition shall leave a concrete thickness of not less than two and one-fourth (2 1/4) inches in the tank walls. The partition shall be structurally sound and not subject to excessive corrosion or decay.

(c) There shall be three (3) blockouts in the inlet compartment, one (1) on the tank end and one (1) on each sidewall, and a blockout in the partition and the outlet end of the tank. The blockouts for these openings shall leave a concrete thickness of not less than one (1) inch in the tank wall. The blockouts shall be made for a minimum of four (4) inch pipe or a maximum of six (6) inch pipe. In lieu of the partition wall blockout, a four (4) to six (6) inch slot extending at least half way across the width of the tank may be used. The top of the slot shall be located no closer than twelve (12) inches to the liquid level and the bottom of the slot shall be no lower than four (4) inches below the midpoint of the liquid depth. A four (4) inch diameter, or equivalent, air passage opening in the partition shall be provided above the liquid level of the tank.

(d) The tees or baffles shall be a minimum diameter of either three (3) inch cast iron soil pipe tee branch, three (3) inch cast iron sanitary tee branch, three (3) inch cast-in-place baffle, or three (3) inch PVC tee branch or equivalent in durability and performance as determined by the Director of the Division of Water Resources.

(e) The inlet invert shall enter the tank at least one (1) inch, preferably three (3) inches, above the liquid level of the tank.

(f) An inlet tee or baffle shall be provided to divert the incoming sewage downward and extend at least twelve (12) inches below the liquid level.

(g) The partition tees or baffles and outlet tee or baffle shall extend eighteen (18) inches or one-third (1/3) the liquid depth, whichever is the lesser, below the liquid level of the tank. A tee or baffle shall be provided on the first compartment side of the partition at the same elevation as the outlet tee or baffle unless an intercompartmental connecting slot is utilized as described in subparagraph (c) of this paragraph.

(h) Air space equal to at least twenty (20) percent of the liquid depth shall be provided between the top of the tank and the liquid level.

(i) Adequate access openings above each tee or baffle must be provided in the tank top.

Access shall be provided for cleaning or rodding out of the inlet pipe, and the interconnecting tees or baffles in the partition, for inserting the suction hose for tank pumping, and for entrance of a person if internal repairs are needed after pumping. If the knockouts on the inlet compartment sides of the tank are to be used access to these tees or baffles shall also be provided for cleaning and rodding of the inlet pipe.

To accomplish this, it may be necessary to extend the tee so they will be located under an access port or a cleanout must be provided on the inlet line immediately outside the septic tank. A manhole opening shall be provided to each compartment with each having a minimum opening of eighteen (18) inches by eighteen (18) inches as the opening cuts the plane of the bottom side of the top of the tank. All circular shaped manholes shall have a minimum diameter of twenty (20) inches as the opening cuts the plane of the bottom side of the top of the tank. The manhole covers shall be beveled on all sides in such manner as to accommodate a uniform load of one hundred fifty (150) pounds per square foot without damage to the cover or the top of the tank. If the top of the tank is to be multislab construction, the slabs over the inlet of the tank, partition, and outlet of the tank must not weigh in excess of one hundred fifty (150) pounds each. Multislab construction must allow for a minimum access hole size of six (6) inches by six (6) inches to each compartment. Manhole covers, opening covers, or slabs shall have a handle of steel or other corrosion resistant material equivalent in strength to a No. 3 reinforcing rod (rebar).

(j) The tank shall be properly vibrated and rodded prior to curing to eliminate honeycomb.

(k) The top, bottom, ends, and sides of the tank must have a minimum thickness of two and one-half (2 1/2) inches except for blockouts or the slide in partition groove.

(l) After curing, tanks manufactured in two (2) sections shall be joined and sealed at the joint by the manufacturer by using a mastic sealant and/or pliable sealant that is both waterproof and corrosion resistant.

(m) Tank Labeling - Precast septic tanks shall be provided with a suitable legend, cast or etched in the wall at the outlet end and within six (6) inches of the top of the tank, identifying the manufacturer by name and address or registered trademark and indicating the liquid capacity of the tank in gallons.

(3) Plans for prefabricated tanks, other than those for precast reinforced concrete tanks, shall be approved by the Department on an individual basis as determined by the information furnished by the designer which indicates the tank will provide equivalent effectiveness as those designed in accordance with the provisions of paragraph (2) of this rule.

(4) Septic tanks other than approved prefabricated tanks shall be constructed consistent with the provisions of paragraph (2) of this rule except as follows:

(a) Cast-in-place concrete septic tanks shall have a minimum wall thickness of six (6) inches.

(b) Cast-in-place septic tanks of one thousand (1000) gallons or less shall have a minimum top and bottom thickness of four (4) inches.

(c) Cast-in-place concrete septic tanks with a capacity of greater than one thousand (1000) gallons shall have a minimum top and bottom thickness of six (6) inches.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.10 EFFLUENT TREATMENT DEVICES / SYSTEMS

(1) Septic Tank and/or Dosing Tank Filters, Conventional Sand Filters, Recirculating Gravel Filters and other devices may be used to improve the quality of septic tank effluent in an approved subsurface sewage disposal system.

(a) Sand Filters and Recirculating Gravel Filters shall be designed by a licensed engineer and shall be submitted to the Department for review.

(b) Treatment devices other than those listed in this section may only be used if approved by the Department as meeting accepted engineering practices.

(c) Maintenance requirements for devices or systems in this section shall be applied as deemed necessary by the Commissioner.

(2) An Advanced Treatment System (ATS) is a secondary treatment device that is used to improve the quality of septic tank effluent for residential wastewater flows. Only those ATS devices that have been tested and meet the requirements of NSF (National Sanitation Foundation) Standard 40 may be considered for approval in Tennessee.

(a) System Approval 1. Any manufacturer intending to market an ATS model in Tennessee shall submit evidence to the Department showing that the model has been tested and meets the provisions of the NSF Standard 40. All testing of ATS models must be performed by a certifier that has been accredited by the American National Standards Institute (ANSI). All ATS models marketed in Tennessee shall be listed by NSF as meeting the provisions of Standard 40 for Class I systems.

All pertinent data regarding the ATS unit including; installation guidelines, owner’s manuals, maintenance requirements, authorized dealers, warranty information and unit design and configuration shall be submitted to the Department for consideration. If the Commissioner determines that the ATS model meets the requirements of this rule, he will inform the manufacturer in writing.
The Department will maintain a list of approved ATS models that have submitted the required information and are compliant with the requirements in these regulations. The department may remove any ATS model if the model fails to meet the requirements of this section or if the performance of an ATS is deemed to endanger public health.
To maintain ATS model approval, all manufacturers shall maintain an adequate level of replacement parts and service.

(b) Operation and Maintenance 1. After December 31, 2009, only an individual certified by the manufacturer and approved by this Department in accordance with Rule 0400-48-01-.19 shall install or personally supervise the installation of each ATS. Once an ATS is installed pursuant to this section, the owner of the property shall perpetually operate and maintain it properly. This requirement shall run with the land and be binding upon all future owners of the property. A maintenance provider approved by this department in accordance with Rule 0400-48-01-.23 shall perform this operation and maintenance on the ATS.

Routine operation and maintenance shall be performed at three-month intervals.

However, the frequency of system visits may be adjusted by the Commissioner depending upon the ATS’s complexity, system performance and manufacturer’s recommendations.

The manufacturer shall execute a four (4) year operation and maintenance contract with the owner of each ATS sold and installed. The costs of such contract shall be included in the original price of the installed ATS. The contract shall require that the manufacturer provide the following services, unless the damage or failure is caused by abuse by the homeowner or a third party outside the control of the manufacturer or technician.

(i) All manufacturer’s required or recommended mechanical and physical inspections and adjustments;

(ii) The inspecting, repair and cleaning or replacement of any filters or mechanical components, as required or as may be necessary;

(iii) Service calls at request of owner to inspect, adjust, repair or replace components;

(iv) Any necessary repairs to the effluent disposal system associated with the ATS; and (v) Measure the sludge and have it pumped out and properly dispose of it, when necessary.

(c) General Requirements 1. An ATS will be considered for residential wastewater applications up to fifteen hundred (1500) gallons per day. However, commercial applications may be considered by the department on an individual basis.

A deed restriction must be recorded with the deed of the property providing notification to all future owners that the property is served by an ATS and subject to the operation and maintenance requirements of these regulations. Proof of that recording must be provided to this office before any permit is issued for an ATS.
The property owner at the time of initial installation of the ATS and any subsequent owner, for the life of the system, shall have in effect a contract for operation and maintenance of the ATS with an approved maintenance provider under Rule 0400-48-01-.23. These contracts will be reviewed by this department on an annual basis. Failure of a property owner to maintain such a contract will be considered a Class C misdemeanor and subject to civil penalties for each violation or day that the violation continues.
Any ATS permitted for installation shall be properly equipped to participate in NSF’s web-based onsite monitoring program, or such other program deemed by the Department to be substantially similar, to assure that the system is maintained in perpetuity. The manufacturer shall provide the necessary equipment and include the cost for participation for the first four years in the price of the ATS after which time the maintenance provider contracted to operate and maintain the system will be responsible for participation. Participation in the NSF monitoring program is required for the life of the system or until cessation of the program by NSF or the Commissioner.
An ATS used as part of a packaged Subsurface Drip Disposal (SDD) system must maintain approval from this department.
All ATS shall incorporate or be preceded by a septic or trash tank. ATS units that have a trash tank size specified in their NSF listing shall have trash tanks sized accordingly. ATS units that do not have trash tank requirements in their NSF listing shall be preceded by a septic tank sized in accordance with Rule 0400-48- 01-.08.
All ATS shall incorporate appropriate sensors and telemetric alarms that are capable of immediately notifying the maintenance provider and this Department of a critical malfunction as determined by the Commissioner.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.11 LOCATION OF SEPTIC TANKS, DOSING CHAMBERS AND ABSORPTION FIELDS

(1) The location of septic tank, dosing chamber, advanced treatment system and disposal field shall be selected in accordance with the following minimum distances in feet, bearing in mind that local conditions may require increased distances of separation.

Septic and Dosing Tanks and / or ATS Disposal Field Water Supply 50 50 Dwellings 5 10 Property Lines 10 10 Easements Boundaries 10 10 *Gullies, Ravines, Dry Stream Beds, Natural Drainageways, Sinkholes, Streams and Cut Banks 15 25 Water Lines 10 10 House to Tank Connections -- 10 Septic and Dosing Tanks -- 5 *These distances may increase or decrease as soil conditions so warrant as determined by the Commissioner after a special investigation by an approved soil consultant.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.12 DESIGN OF DOSING SYSTEMS

(1) Dosing Chamber The dosing chamber, access riser and riser cover shall be watertight, structurally sound and not subject to excessive corrosion or decay. The dosing chamber shall be of one (1) compartment design. They shall be of such construction and size as specified in paragraphs (2), (3), and (4) of Rule 0400-48-01-.09, excluding those requirements strictly relating to two (2) compartments.

(a) The access riser shall have a minimum diameter of twenty-four (24) inches and extend to the finished grade or above. Rectangular or square risers may be allowed provided the size of the opening provides the equivalent access as a circular riser. An access riser with a minimum diameter of sixteen (16) inches may be used provided the threaded union on the pump outlet pipe is located within two (2) feet of the top of the access riser. The access riser shall be located near the outlet end of the tank, directly above the pump or siphon, supply line, switches and other fixtures.

(b) The dosing chamber volume shall be a minimum of two (2) times daily wastewater flow except when an alternate pump equipped with an in-tank supply line and switch assembly is on-site and ready for use. If the alternate pump, in-tank supply line and switch assembly is on-site and ready for use, the minimum dosing chamber volume shall be a total of the volume of water below the static level plus the designed dosing volume plus one-half (1/2) the daily flow.

(2) Design of Pumps, Pipes and Controls (a) The gallons per minute (gpm) flow in a dosing system shall be determined by the distribution network it doses. If the distribution network is of such design that the gpm flow is not confined to specific amounts, the minimum flow shall be ten (10) gpm.

(b) Total dynamic head (TDH) shall be determined by adding the following:

Elevation head is the difference in elevation between the bottom of the pump and the highest ground elevation at the disposal field. The minimum assigned elevation head shall be five (5) feet.
Friction head shall be determined from Appendix III plus fittings loss.
Pressure head is the amount of pressure desired at the distribution network and shall be a minimum of one (1) foot.

(c) When pumping uphill, a check valve must be utilized if the volume of effluent which will flow back into the tank exceeds one-fourth (1/4) daily flow.

(d) The dosing volume shall be between one-fourth (1/4) and one-half (1/2) daily flow, except in those situations where the minimum dose exceeds one-half (1/2) daily flow, then the calculated minimum dose shall be the dosing volume.

(e) Pipe and Fittings 1. All pipe materials shall be a minimum of Schedule 40 PVC.

All fittings shall be pressure fittings.
All connections shall be adequately cleaned with cleaning solvent and glued with PVC solvent cement.
If used, the gate or globe valve(s) and check valve shall be either bronze or PVC.
The supply line shall be designed and installed to drain after each use unless system design requires a check valve.

(f) Pump, Float Controls and Alarm System 1. The pump shall be a good quality, effluent pump and be of sufficient size to meet or exceed the gallons flow requirement and the total dynamic head requirement set forth by the system.

The pump float controls must be adjustable.

(i) The controls must be sealed against entry of effluent or gases.

The alarm system.

(i) The high water alarm shall be required and consist of an audible and visible alarm located in a visible place and clearly marked “wastewater system alarm”.

(ii) The alarm and alarm switches shall be placed on a separate electrical circuit from the pump power line.

(iii) The alarm float control shall be placed so as to be activated when the pump chamber water level rises above the “pump on” float control.

(g) Pump and Controls 1. The pump must be placed so that the intake is a minimum of eight (8) inches above the bottom of the pump chamber.

As a means to remove the pump from the pump chamber, a material of sufficient strength and durability must be secured to the pump and access riser.
The pump control must be positioned so the “pump off” switch is slightly above the top of the pump and the “pump on” switch is at the desired dosing depth.

The “pump off” switch for pumps specifically designed to operate with the pump motor casing exposed to air, may be located at a lower elevation provided an adequate depth of wastewater is maintained above the pump intake to insure that the pump intake will not draw in air.

The pump outlet pipe must be connected to the supply manifold with a threaded union or similar device.
When a disposal system requires a specific pressure head, a PVC or bronze, gate or globe valve shall be placed in the supply line.
If the effluent is pumped downhill, a five-thirty seconds (5/32) inch siphon breaker hole must be drilled in the bottom of the supply line inside the pump tank, above the liquid level.
All electrical installations shall be installed to meet the current wiring methods of the current edition of the “National Electric Code” (NEC) adopted by the State Fire Marshall’s office.

(3) Where a dosing system is required in accordance with part (3)(c)1 of Rule 0400-48-01-.07, and where elevation permits gravity flow to be utilized, dosing siphons may be used in lieu of pumps to distribute septic tank effluent to the disposal field.

(a) Dosing Siphons 1. The single dose volume for siphons shall not exceed a total of one-fourth (¼) of the daily flow. In the case of dual siphons, this limit shall apply to the single dose volume for each individual siphon.

If the absorption field is of divided design, dual siphons designed for automatic alternating operation may be installed within a single dosing chamber.
Dosing siphons shall be fabricated of materials that are non-corrosive, and are of adequate structural strength and durability. Siphons shall be mounted and installed to the precise elevations required to ensure proper operation.

(b) Dosing Siphon Chambers 1. The dosing siphon chamber size and volume, and selected siphon drawdown, shall be coordinated in the design so as to produce the desired single dose volume.

Dosing siphon chambers shall be watertight single compartment round or rectangular precast reinforced concrete structures with an access riser of twentyfour (24) inch minimum diameter.
Dosing siphon chambers shall be of large enough dimension to allow working room for repair and replacement as required.

(c) Splash boxes shall be installed at the head of each absorption field in order to reduce the entry velocity of the dosing chamber effluent. The access riser and cover shall be watertight and have a minimum diameter of twenty-four (24) inches, extending to the finished grade or above, shall be installed on each splash box to allow for inspection and flow verification. Splash box volume and exit pipe dimension shall be adequate to prevent splash box overflow and/or siphon interruption.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.13 MAINTENANCE OF SUBSURFACE SEWAGE DISPOSAL SYSTEM

(1) It is the property owner’s responsibility to maintain the system in a safe and sanitary manner.

(2) Should the system malfunction, the Commissioner shall issue, in writing, a maximum thirty (30) day notice to the owner requiring repair, replacement or improvement of the system.

(3) Any ATS system permitted under paragraph (2) of Rule 0400-48-01-.10 must be maintained in accordance with paragraph (2) of Rule 0400-48-01-.10.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.14 GREASE TRAPS

(1) Grease Traps in Commercial Buildings - Kitchen drain lines from institutions, hotels, restaurants, schools, lunchrooms and other establishments from which flow a relatively high volume of grease may be discharged to a grease trap. Grease trap effluent shall also be treated in the septic tank before being discharged into the disposal field.

(2) Grease traps shall be constructed to insure that both the inlet and outlet are properly submerged to trap grease and that the distance between inlet and outlet is sufficient to allow separation of the grease so that grease solids will not escape through the outlet.

(3) Grease traps shall be vented so they will not become airbound. A cover shall be provided and located so as to be conveniently accessible for servicing and cleaning. The cover shall be designed to prevent odor and exclude insects and vermin.

(4) Garbage Grinder Waste - Waste from garbage grinders shall not pass through any grease trap before being discharged to a septic tank.

(5) Sizing the Grease Trap - Proper sizing of the grease trap should be based on efficiency ratings and flow capacities, which are determined by the number and kinds of sinks or fixtures discharging into the trap.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.15 ALTERNATIVE METHODS OF SUBSURFACE SEWAGE DISPOSAL

(1) Regarding alternative methods of subsurface sewage disposal, if a conflict occurs between this rule and other rules of these regulations, the items of this rule shall apply. However, the Commissioner may allow repairs if the site does not meet soil suitability and reserve area requirements. The wastewater flow for residences or other similar establishments served by alternative methods of subsurface sewage disposal shall be based upon one hundred fifty (150) gallons per bedroom per day.

(2) Large Alternative Subsurface Methods of Sewage Disposal - Any alternative subsurface sewage disposal system that has a wastewater flow greater than seven hundred fifty (750) gallons per day shall be considered a large alternative subsurface sewage disposal system.

(a) A site specific design for each large alternative subsurface sewage disposal system shall be submitted to the department for review.

(b) The design shall be stamped with the seal of a licensed engineer.

(c) Prior to design approval, a licensed engineer must agree, in writing, to monitor the installation and construction of the system and upon completion, provide a final set of as built plans encompassing all components of the system and certification that the installation is in accordance with the design specifications.

(d) It shall be the responsibility of the department to review the aforementioned design and notify the engineer, in writing, of approval of the plans, denial of the plans or needed modifications to the plans.

(3) A Low Pressure Pipe (LPP) system is a subsurface sewage disposal system, which has three (3) basic design principles different from conventional subsurface sewage disposal systems.

They are: (1) uniform distribution of effluent, (2) dosing and resting cycles, and (3) shallow placement of trenches. When lots that are less than twenty thousand (20,000) square feet are proposed, the department shall determine the necessity, location and design of buffer zones. LPP systems shall not be used to dispose of wastewater wherein the average concentration of grease exceeds one hundred fifty (150) milligrams per liter (mg/L) because of the clogging potential of the distribution network.

LPP systems designed to accommodate wastewater flows in excess of seven hundred fifty (750) gallons per day must be designed by a licensed engineer. The design shall be reviewed by the department applying the requirements of paragraph (2) of this rule.

(a) Site and Soil Requirements 1. Prior to the design of the LPP system, the suitability of the site must be demonstrated through acceptable soil absorption rates, acceptable soil conditions and other topographic characteristics. The acceptable soil absorption rate range shall be from ten (10) minutes per inch through seventy-five (75) minutes per inch as determined by an extra-high intensity soil map prepared by an approved soil consultant. If the soil absorption rate is determined to be greater than seventy-five (75) minutes per inch based upon the extra-high intensity soil map, then percolation tests may be conducted. However, soils with absorption rates in excess of seventy-five (75) minutes per inch due to wetness that cannot be corrected by drainage shall not be eligible for percolation tests.

Percolation rates from seventy-six (76) minutes per inch through one hundred twenty (120) minutes per inch are acceptable if no water problems exist.

A minimum soil depth of thirty (30) inches over any underlying restrictive horizon is required. However, a modified LPP system may utilize a maximum of six (6) inches of compatible fill, as determined by an approved soil consultant, to obtain the required thirty (30) inches of depth.
Slopes of more than thirty (30) percent shall be considered unsuitable.
An area of suitable soil must be available to install the initial system and maintain a suitable area of adequate size for one hundred (100) percent duplication.
The size of the LPP system shall be determined by the following:

(i) An extra-high intensity soil map, provided by a soil consultant approved by the department, shall establish the soil absorption rate.

(ii) If the extra-high intensity soil map determines that a percolation test is necessary to establish a rate, the percolation holes shall be located in a grid pattern with maximum perpendicular distances between holes of twenty-five (25) feet and the gridded portion shall encompass the entire area to be utilized for the system and duplicate area. Greater distances may be allowed as determined by the Commissioner. The percolation test procedure in Rule 0400-48-01-.05 shall apply.

(iii) The daily wastewater flow divided by the loading rate (Table II) shall determine the area (ft ) required for the initial system.

(iv) Hydraulic overloading of the disposal field may occur when excessive amounts of effluent are distributed over a continuous common slope.

Therefore, buffer zones are required if there is more than six (6) feet of elevation difference between the upper and lower laterals or if the distance between the upper and lower laterals exceeds fifty (50) feet. The buffer zone size and the use of soil improvement or soil protection practices are site specific and shall be determined by the Commissioner based on the recommendation of an approved soil consultant. The buffer zone shall not be included as part of the reserve area.

Table II.

Maximum Loading Rate Established Rate (mpi)

Loading Rate (gpd/ft ) 10 0.400 20 0.400 30 0.350 40 0.300 45 0.275 50 0.250 60 0.200 75 0.150 90 0.100 120 0.050 (b) Layout of the LPP System 1. The required linear footage is determined by dividing the amount of required square footage of suitable soil area by five (5).

The location of the septic tank, dosing chamber and the disposal field shall be in accordance with Rule 0400-48-01-.11.
The lateral lines shall be placed on contour and lengths shall not exceed those specified as follows: 5/32 in. Orifice Maximum Lateral Length (ft)

Pipe Size (in)

Hole Spacing (ft) 1 1.25 1.5 2 3 50 75 100 140 4 55 80 110 150 5 60 90 120 N/A 6 65 100 125 N/A 7 70 110 135 N/A 8 75 120 145 N/A 3/16 in. Orifice Maximum Lateral Length (ft)

Pipe Size (in)

Hole Spacing (ft) 1 1.25 1.5 2 3 30 55 75 115 4 35 60 85 130 5 40 65 100 145 6 45 75 110 150 7 50 80 115 N/A 8 55 85 125 N/A 7/32 in. Orifice Maximum Lateral Length (ft)

Pipe Size (in)

Hole Spacing (ft) 1 1.25 1.5 2 3 30 50 65 90 4 35 55 70 105 5 40 60 80 115 6 45 65 85 130 7 50 70 95 140 8 55 80 105 150 1/4 in. Orifice Maximum Lateral Length (ft)

Pipe Size (in)

Hole Spacing (ft) 1 1.25 1.5 2 3 30 40 60 80 4 35 45 65 90 5 35 55 70 100 6 40 60 75 110 7 40 65 80 120 8 45 70 85 130 4. The trench bottom of each lateral shall be at the same elevation throughout that lateral.

The distance between laterals (center to center) shall not be less than five (5) feet.
Trench width shall be a minimum of twelve (12) inches.
Trench depth shall range between eighteen (18) and twenty-two (22) inches.
A minimum of twelve (12) inches of soil material shall be present between the bottom of the trenches and the restrictive layer.
Individual lateral lines shall be a maximum of one hundred (100) feet in length, unless supported by an engineered design.

(c) Dosing and Distribution System Design 1. The dosing rate per linear foot of disposal trench shall be uniform over the entire system. This may be accomplished by varying the hole spacing, hole sizing or placement of valves in the manifold or laterals to compensate for changes in ground elevation. Table III shall be used to calculate dosing rates.

Table III.

Pressure Head vs. gpm Flow Per Hole Pressure Head Hole Diameter (in) ft psi 5/32 3/16 7/32 1 0.43 0.29 0.42 0.56 2 0.87 0.41 0.59 0.80 3 1.30 0.50 0.72 0.98 4 1.73 0.58 0.83 1.13 5 2.16 0.64 0.94 1.26 2. The first and last holes in a lateral shall be thirty (30) inches from the ends of the lateral. Hole spacing shall not exceed seven and one-half (71/2) feet.

Hole sizes shall be within the range of five thirty-seconds (5/32) inches through seven thirty-seconds (7/32) inches.
Calculation of gallons per minute (gpm) flow and total dynamic head.

(i) The gallons per minute flow amount that the pump must provide shall be determined by adding the gallons per minute flows per hole over the system dosed by that pump.

(ii) The total dynamic head (TDH) shall be determined by adding the following:

(I) Elevation head is the difference in elevation between the bottom of the pump and the highest ground elevation at the disposal field. The minimum assigned elevation head shall be five (5) feet.

(II) Friction head shall be determined from Appendix III plus fittings loss.

(III) A pressure head average of three (3) feet shall be used for TDH calculations. The range shall be one (1) through five (5) feet.

When pumping uphill, a check valve must be utilized if the volume of the supply line, manifold and the volume of the laterals that drain back into the pump tank exceeds one-fourth (1/4) daily flow.
The minimum dosing volume shall be determined by adding the volume of the supply line, manifold and five (5) times the volume of the laterals. If a check valve is utilized, the minimum dosing volume shall be determined by adding the volume of the manifold and five (5) times the volume of the laterals.
The dosing volume shall be between one-fourth (1/4) and one-half (1/2) daily flow, except in those situations where the minimum dose exceeds one-half (1/2) daily flow, then the calculated minimum dose shall be the dosing volume.

(d) Equipment and Material Specifications 1. Septic Tank and Dosing Chamber (i) The septic tanks shall conform to all design, construction and installation criteria set forth in Rules 0400-48-01-.08 and 0400-48-01-.09.

(ii) The dosing chamber shall conform to all design construction and installation criteria set forth in Rule 0400-48-01-.12.

Pipe and Fittings (i) All pipe materials shall be PVC and have a minimum equivalent strength of Schedule 40.

(ii) All fittings shall be pressure fittings.

(iii) All connections shall be adequately cleaned with cleaning solvent and glued with PVC solvent cement.

(iv) The gate or globe valve(s) and check valve shall be either bronze or PVC.

(v) The lateral pipe diameter shall be a minimum of one (1) inch.

(vi) The distal end of each lateral shall be equipped with a capped turn-up that provides above-ground access.

Pump, Float Controls and Alarm System (i) The pump shall be an effluent pump of sufficient quality and size to meet or exceed the flow requirement and the total dynamic head requirement of the system.

(ii) The pump float controls must be adjustable and must be sealed against entry of effluent or gases.

(iii) Alarm System (I) A high water alarm shall be required and consist of an audible and visible alarm located in a visible place and clearly marked “wastewater system alarm”.

(II) The alarm and alarm switches shall be placed on a separate electrical circuit from the pump power line.

(III) The alarm float control shall be placed so as to be activated when the pump chamber water level rises above the “pump on” float control.

Disposal Field Media The disposal field media size shall be within the range of one-half (1/2) to one (1)

inch. It must be washed and free of fines.

(e) Installation Procedures 1. Site Preparation and Imported Fill (i) The soil area reserved for the initial and duplicate systems must not be cut, filled, compacted or disturbed in any manner prior to or after system installation.

(ii) No site preparation shall occur if the soil is wet. The designated person responsible for monitoring system installation shall determine when the soil is adequately dry.

(iii) If imported fill is used during installation it must be of compatible material, which shall be determined by the soil consultant approved by the department. The area to be filled must be disked prior to adding fill. The fill material must be applied with a minimum amount of wheeled traffic and must be incorporated to ensure even mixing.

Supply Line and Manifold (i) The manifold and laterals shall be designed and installed to drain after each use.

(ii) The supply line shall be designed and installed to drain after each use unless system design requires a check valve.

(iii) A tee to tee connection between the manifold and laterals shall be used except in situations where the topographic, soil and other site conditions allow the manifold and laterals to be at right angles. If the manifold and laterals are at right angles then crosses or tee to tee connections may be utilized.

Distribution Laterals (i) The distribution laterals shall be constructed with a minimum disposal field media depth of nine (9) inches, with three (3) inches above the lateral pipe invert.

(ii) The disposal field media must be covered with untreated building paper, straw or other acceptable material that will allow movement of water and restrict soil movement.

Pump and Controls (i) The pump must be placed so that the intake is a minimum of eight (8) inches above the bottom of the pump chamber.

(ii) As a means to remove the pump from the pump chamber, a material of sufficient strength and durability must be secured to the pump and access riser.

(iii) The pump control must be positioned so the “pump off” switch is slightly above the top of the pump and the "pump on" switch is at the desired dosing depth.

(iv) The pump outlet pipe must be connected to the supply manifold with a threaded union or similar device.

(v) A PVC or bronze, gate or globe valve shall be placed in the supply line to adjust the specific pressure head.

(vi) If the effluent is pumped downhill, a five thirty-seconds (5/32) inch siphon breaker hole must be drilled in the bottom of the supply line above the water level inside the pump tank.

(vii) All electrical installations shall be installed to meet the current wiring methods of the current edition of the “National Electric Code” (NEC) adopted by the State Fire Marshall’s office.

The completed landscape must be shaped to prevent water from ponding or flowing over the system.

(4) A Mound System is a soil absorption system that is located above the natural soil surface and constructed with suitable fill material. The system differs from the conventional subsurface sewage disposal system in three (3) ways: (1) uniform distribution of effluent, (2) dosing and resting cycles and (3) above ground construction. When lots that are less than twenty thousand (20,000) square feet are proposed, the department shall determine the necessity, location and design of buffer zones. Mound systems shall not be used to dispose of wastewater wherein the average concentration of grease exceeds one hundred fifty (150) milligrams per liter (mg/L) because of the clogging potential of the distribution network.

Mound systems designed to accommodate wastewater flows in excess of seven hundred fifty (750) gallons per day must be designed by a licensed engineer in accordance with T.C.A. § 62-2-101 et seq. The design shall be reviewed by the department applying the requirements of paragraph (2) of this rule.

(a) Site and Soil Requirements 1. Prior to the design of the mound system, the suitability of the site must be demonstrated through acceptable soil absorption rates, acceptable soil conditions and other topographic characteristics.

The size of the mound system shall be determined by the following:

(i) An extra-high intensity soil map, provided by a soil consultant approved by the department, shall establish the soil absorption rate.

(ii) If the extra-high intensity soil map, determines that a percolation test is necessary to establish a rate, the percolation holes shall be located in a grid pattern with the maximum perpendicular distances between the holes being twenty-five (25) feet and the gridded portion shall encompass the entire area to be utilized for the system and duplicate area. Greater distances may be allowed as determined by the Commissioner. The percolation test procedure in Rule 0400-48-01-.05 shall apply.

(iii) The daily wastewater flow divided by the infiltrative capacity of medium sand (1.2 gal/ft /day) shall determine the area (ft ) required for the distribution bed.

The requirements relating to rock, groundwater and other site conditions established in paragraphs (2), (3) and (4) of Rule 0400-48-01-.04 shall apply. A minimum soil depth of twenty-four (24) inches over any underlying restrictive horizon is required. However, a modified mound system may utilize up to four (4) inches of additional sand backfill reducing the minimum depth of soil to any underlying restrictive horizon to twenty (20) inches.
The acceptable soil absorption rate range for the mound system shall be from ten (10) minutes per inch through seventy-five (75) minutes per inch as determined by an extra-high intensity soil map conducted by an approved soil consultant. If the soil absorption rate is determined to be greater than seventy-five (75) minutes per inch based upon a soils map prepared by an approved soil consultant, percolation tests may be conducted. However, soils with absorption rates in excess of seventy-five (75) minutes per inch due to wetness that cannot be corrected by drainage shall not be eligible for percolation tests. Percolation rates from seventy-six (76) minutes per inch through one hundred twenty (120) minutes per inch are acceptable if no water problems exist.
An area of suitable soil must be available to install the initial system and maintain a suitable area of adequate size for one hundred (100) percent duplication.
If tree stumps or boulders are present within the areas designated for the initial and duplicate systems, adequate area must be available to compensate for the area occupied by the boulders and tree stumps.
The basal area available for a mound must be equal to or greater than the basal area required for a given soil absorption rate.

(i) On sloping sites, the basal area available is that area directly below and downslope of the distribution bed. On level sites, the basal area available is that area below and on both sides of the distribution bed. That area below the end slopes shall not be included as available basal area.

(ii) The basal area required is determined by dividing the daily flow by infiltrative capacity of the soil. The infiltrative capacity for a given soil absorption rate can be found below:

Absorption Rate (mpi)

Infiltrative Capacity (gal/ft /day) 10 – 29 1.20 30 – 60 0.74 61 – 120 0.24 8. Slopes steeper than twelve (12) percent shall not be utilized. Sites with soil absorption rates of sixty-one (61) through one hundred twenty (120) minutes per inch shall not exceed a slope of six (6) percent.

When cluster mounds are used, buffer zones are required at a frequency and size as determined by an extra-high intensity soil map and site evaluation.

(b) Layout of the Mound System 1. The mound shall be located so as to insure that the distribution bed is situated parallel to slope contour.

The location of the septic tank, dosing tank and disposal mound shall be in accordance with Rule 0400-48-01-.11.
The distribution bed shall be constructed level and its thickness shall be constant. A layer of uncompacted straw six (6) inches thick, untreated building paper or acceptable synthetic fabric shall be placed between the distribution bed and the clay cap.
Configuration (i) The end slope gradient of the mound shall not be steeper than three (3) horizontal to one (1) vertical. The distance from the gravel bed to the toe of the end slope is calculated by multiplying the average mound height by the horizontal slope figure.

(ii) The upslope and downslope gradient of the mound shall not be steeper than three (3) horizontal to one (1) vertical. The distance from the gravel bed to the toe of either the upslope or the downslope side is calculated by multiplying the mound height at the appropriate edge of the gravel bed by the horizontal slope figure and then by the slope correction factor found in Table IV.

Table IV.

Downslope and Upslope Width Corrections for Mounds on Sloping Sites Slope Percent Downslope Correction Factor Upslope Correction Factor 0 1.00 1.00 2 1.06 0.94 4 1.14 0.89 6 1.22 0.86 8 1.32 0.80 10 1.44 0.77 12 1.57 0.73 (iii) The distribution bed thickness shall be a minimum of nine (9) inches with a minimum of six (6) inches of aggregate below the distribution network.

(iv) The bed width shall not exceed ten (10) feet.

(v) The sand fill thickness beneath the gravel bed shall be a minimum of one (1) foot.

(vi) The cap above the distribution bed shall consist of one (1) foot of clayey subsoil at its center tapering to one-half (1/2) foot at its edges.

(vii) The entire finished mound shall be covered with one-half (1/2) foot of soil material suitable for plant growth.

(c) Dosing and Distribution System Design 1. The dosing rate per linear foot of lateral shall be uniform throughout the entire distribution network.

Hole spacing and location shall be such so as to provide uniform distribution of effluent over the entire distribution bed. If the last hole is equal to or greater than one-half (1/2) of the hole spacing distance from the distal end of the lateral, a hole shall be placed in the end cap or adjacent to it.
Hole sizing, spacing, lateral length and diameter shall be derived from Table V.

The hole diameter shall range from five thirty-seconds (5/32) through one-fourth (1/4) inch.

The system must be designed and placed so that the laterals and manifold drain after each dosing.
Calculation of gallons per minute (gpm) flow and total dynamic head (TDH).

(i) The gallons per minute flow, which the pump must provide, shall be determined by adding the combined gallons per minute flows of each hole.

(ii) The total dynamic head (TDH) shall be determined by adding the following:

(I) Elevation head is the difference in elevation between the bottom of the pump and the laterals in the distribution bed. The minimum assigned elevation head shall be five (5) feet.

(II) Friction head shall be determined from Appendix III plus fittings loss.

Table V.

Allowable Lateral Lengths (ft) for Three (3) Pipe Diameters, Three (3) Perforation Sizes and Two (2) Perforation Spacings Perforation Pipe Diameter (in)

Spacing Diameter 1 1 1/4 1 1/2 30 in 5/32 in 42 ft 68 ft 85 ft 30 in 3/16 in 34 ft 52 ft 70 ft 30 in 7/32 in 30 ft 45 ft 57 ft 30 in 1/4 in 25 ft 38 ft 50 ft 36 in 5/32 in 45 ft 70 ft 90 ft 36 in 3/16 in 36 ft 60 ft 75 ft 36 in 7/32 in 33 ft 51 ft 63 ft 36 in 1/4 in 27 ft 42 ft 54 ft (III) A pressure head average of three (3) feet shall be used for TDH calculations. The range shall be one (1) through five (5) feet.

The minimum dosing volume shall be determined by adding the volume of the supply line, manifold and five (5) times the volume of the laterals.
The dosing volume shall be between one-fourth (1/4) and one-half (1/2) daily flow, except in those situations where the minimum dose exceeds one-half (1/2) daily flow, then the calculated minimum dose shall be the dosing volume.
When pumping uphill, a check valve must be utilized if the volume of the supply line, manifold and the volume of the laterals that drain back into the pump tank exceeds one-fourth (1/4) of the daily flow. If a check valve is utilized, the minimum dosing volume shall be determined by adding the volume of the manifold and five (5) times the volume of the laterals.

(d) Equipment and Material Specifications 1. Septic Tank and Dosing Tank (i) The septic tank shall conform to all design, construction and installation criteria set forth in Rules 0400-48-01-.08 and 0400-48-01-.09.

(ii) The dosing chamber shall conform to all design, construction and installation criteria set forth in Rule 0400-48-01-.12.

Pipe and Fittings (i) All pipe materials shall be PVC and have a minimum equivalent strength of Schedule 40.

(ii) All fittings shall be pressure fittings.

(iii) All connections shall be adequately cleaned with cleaning solvent and glued with PVC solvent cement.

(iv) The gate or globe valve(s) and check valve shall be either bronze or PVC.

(v) The lateral pipe diameter shall be a minimum of one (1) inch.

(vi) The distal end of at least one (1) lateral shall be equipped with a capped turn-up.

Pump, Float Controls and Alarm System (i) The pump shall be an effluent pump of sufficient quality and size to meet or exceed the gallons flow requirement and the total dynamic head requirement of the system.

(ii) The pump float controls must be adjustable and must be sealed against entry of effluent or gases.

(iii) Alarm System (I) A high water alarm shall be required and consist of an audible and visible alarm located in a visible place and clearly marked “wastewater system alarm.”

(II) The alarm and alarm switches shall be placed on a separate electrical circuit from the pump power line.

(III) The alarm float control shall be placed so as to be activated when the pump chamber water level rises above the “pump on” float control.

Disposal Field Media The media size shall be within the range of one-half (1/2) to one (1) inch. It must be washed and free of fines.
Sand (i) The particle sizes shall be predominantly (fifty (50) percent or greater) medium sand (0.50 to 0.25 mm) with no more than twenty (20) percent fine sand (0.25 to 0.10 mm) and be free from silt and clay.

(ii) The sand shall be composed of stable materials and not subject to chemical deterioration.

Clay Cap Above the Distribution Bed - The cap shall be clayey subsoil.
Final Cover - The final cover shall consist of non-clayey, friable, fertile soil capable of supporting plant growth.

(ii) No site preparation shall occur if the soil is wet. The designated person responsible for monitoring system installation shall determine when the soil is adequately dry.

(iii) All trees within the area designated for the mound shall be cut to ground level and all excess vegetation shall be removed.

(iv) The area designated for the mound shall be plowed to a minimum depth of eight (8) inches prior to addition of the sand fill. This area shall be plowed on contour.

(v) After any area is plowed there shall be no large equipment or wheeled traffic on or over said area. If a small tracked vehicle is used for construction there shall be a minimum of six (6) inches of sand between the track and plowed layer.

Supply Line and Manifold (i) The manifold and laterals shall be designed and installed to drain after each use.

(ii) The supply line shall be designed and installed to drain after each use unless the system design requires a check valve.

(iii) The supply line shall be installed so as to prevent freezing and shall not enter from the downslope side.

Pump and Controls (i) The pump must be placed so that the intake is a minimum of eight (8) inches above the bottom of the pump chamber.

(ii) As a means to remove the pump from the pump chamber, a material of sufficient strength and durability must be secured to the pump and access riser.

(iii) The pump control must be positioned so the “pump off” switch is slightly above the top of the pump and the “pump on” switch is at the desired dosing depth.

(iv) The pump outlet pipe must be connected to the supply manifold with a threaded union or similar device.

(v) Immediately after the union, a gate or globe valve shall be placed in the supply line. The valve may be either PVC or bronze and shall be used to adjust the pressure on the system to the desired head.

(vi) If the effluent is pumped downhill, a five thirty-seconds (5/32) inch siphon breaker hole must be drilled in the bottom of supply line above the water level in the pump tank.

The completed system must be shaped to prevent water from ponding or flowing over the system.

(5) A Waste Stabilization Lagoon may provide satisfactory sewage treatment for residences where soil conditions are not suited for absorption systems and flows are seven hundred fifty (750) gallons per day or less. Waste stabilization lagoons require a minimum tract of five (5) acres.

(a) Site and Soil Requirements 1. Prior to the design of the waste stabilization lagoon, the suitability of the site must be demonstrated through acceptable soil absorption rates, acceptable soil conditions and other topographic characteristics.

The soil characteristics shall be determined by the following:

(i) An extra-high intensity soil map shall establish the soil rate. The absorption rate may be estimated by an approved soil consultant but may require approval by the department.

(ii) A pit profile description to a depth of six (6) feet below ground surface shall be generated for each lagoon cell (primary and duplicate). Each description shall identify: soil structure, soil color, including mottles, texture including coarse fragments, plasticity and consistency for each distinct horizon in the soil profile.

(iii) The depth of the seasonal high water table shall be noted if it is located within six (6) feet of the soil surface.

The soil absorption rate must be a minimum of one hundred twenty (120) minutes per inch as estimated by an approved soil consultant.
An area of suitable soil must be available to install the initial system and maintain a suitable area of adequate size for one hundred (100) percent duplication.
The lagoon shall be located in soils where the vertical separation from the bottom of the lagoon and bedrock and rock formations, or more permeable material, are a minimum of one (1) foot.
Predominant redoximorphic features shall not be located within six (6) inches of the ground surface. The lagoon shall not be located in areas subject to flooding as determined by the department. The soil profile shall not be hydric in classification.
Slopes greater than eight (8) percent shall be considered unsuitable.
Selection of the site shall include a clear sweep of the surrounding area by prevailing winds. Heavy timber must be removed for a distance of one hundred (100) feet from the water’s edge to enhance wind action and prevent shading.
Areas consisting of fill shall be excluded from the area considered for installation of the waste stabilization lagoon and disposal field.
Lot Grading - The area to be used for the waste stabilization lagoon and disposal field shall not be disturbed when grading the lot. However, where this is unavoidable, a re-evaluation shall be made by an approved soil consultant after grading has been completed. After the suitability of any area to be used for a waste stabilization lagoon has been evaluated and approved for construction, no change shall be made to this area unless the Commissioner is notified and a reevaluation of the area’s suitability is made prior to the initiation of construction.

(b) Location - A minimum acreage tract of five (5) acres is required and larger areas may be necessary.

Minimum Separation Distances (i) The lagoon shall be located a minimum of two hundred (200) feet from property lines, as measured from the water’s edge.

(ii) The lagoon shall be located a minimum of two hundred (200) feet from the nearest residence, commercial or industrial establishments, any habitable building or public use area. With the owner’s permission the lagoon may be within a lesser distance of his home.

(iii) The lagoon shall not be located closer than fifty (50) feet away from any spring or well. Greater horizontal separation distances may be required depending on engineering and hydrogeological data and type of water supply.

(iv) The lagoon shall not be closer than fifty (50) feet away from a stream, lake or impoundment.

(v) The lagoon shall not be located closer than fifty (50) feet from gullies, ravines, dry stream beds, natural drainage ways, sinks, caves and cut banks.

(c) Design of the Waste Stabilization Lagoon 1. The capacity of a two (2) cell lagoon shall be equivalent to a sixty (60) day minimum retention time based upon an average daily sewage flow of one hundred fifty (150) gallons per bedroom for residences. The minimum water surface area of both cells shall be one thousand two hundred fifty (1,250) square feet.

A properly sized and constructed two (2) compartment septic tank shall precede the lagoon.
The shape of the lagoon shall be such that there are no narrow or elongated portions. Round, square or rectangular cells are considered most desirable.

Rectangular cells shall have a length not exceeding three (3) times the width. No islands, peninsulas or coves shall be permitted. Embankments must be rounded at corners to minimize accumulations of floating materials.

The embankment top width shall be a minimum of two (2) feet.
The embankment slopes shall not be steeper than two (2) horizontal to one (1) vertical on the inner and outer sides.
Inner embankment slopes shall not be flatter than three (3) horizontal to one (1) vertical. Outer embankment slopes shall be sufficient to prevent the entrance of surface water into the lagoon.
Freeboard (the distance from the top of the water to the top of the embankment) shall be at least two (2) feet after settling. Additional freeboard may be provided.
Embankments shall be seeded with a locally hardy grass from the outside toe to the water line, to minimize erosion and facilitate weed control. Alfalfa or similar long-rooted crops that may interfere with the water holding capacity of the embankment shall not be used. Riprap may be necessary under unusual conditions to provide protection of embankments from erosion.
On sloping areas, a diversion ditch or soil improvement practices shall be located immediately upslope from the embankment. The ditch or soil improvement practice shall be installed to intercept and remove all surface and subsurface water and shall be protected from erosion.
The gravity flow lagoon influent line shall be Schedule 40 PVC or equivalent and have a minimum diameter of three (3) inches with a minimum grade of one-fourth (1/4) inch per foot. When gravity flow is utilized, the outlet invert of the septic tank shall be a minimum of one (1) foot above the high water level in the lagoon.

The water level of each cell shall be at an elevation lower than the original ground surface.

The influent line shall be center discharging at a point two (2) feet beneath the water level. A watertight cleanout shall be provided in the influent line near the lagoon embankment and shall extend upwards to finished grade.
The effluent line from each cell shall be designed to maintain the water level of that cell at a depth of four (4) feet and be located so as to minimize shortcircuiting from the influent line.
The effluent from the second cell shall be disposed of by a subsurface sewage disposal system.
The subsurface sewage disposal system shall be constructed according to paragraph (4) of Rule 0400-48-01-.07 and shall require a minimum of one hundred fifty (150) square feet of soil absorption trench bottom area.
The finished grade above the subsurface sewage disposal system shall be lower in elevation than the invert of the effluent discharge line from the last cell.

(d) Dosing of the System (applicable only when pumping is necessary)

If pumping to the lagoon is necessary, the total dynamic head (TDH) shall be determined by the summation of the elevation head, friction head and three (3) feet of pressure head.
The gallons per minute (gpm) flow amount, which the pump must provide shall be a minimum of ten (10) gpm.
The dosing volume shall be less than one-half (1/2) daily flow.
A check valve must be utilized when pumping uphill.

(e) Equipment and Material Specifications 1. Septic tank and dosing tank.

(i) The septic tank shall conform to all design, construction and installation criteria set forth in Rules 0400-48-01-.08 and 0400-48-01-.09.

(ii) The dosing chamber shall conform to all design, construction and installation criteria set forth in Rule 0400-48-01-.12.

Pipe Materials (i) All pipe materials shall be PVC and have a minimum equivalent strength of Schedule 40 PVC.

(ii) If pumping is necessary, all fittings shall be pressure fittings.

(iii) All connections shall be adequately cleaned with cleaning solvent and glued with PVC solvent cement.

(f) Construction 1. The area designated for the lagoon liquid storage area and embankments shall be stripped of vegetation. The organic material removed during excavation of the lagoon shall not be used in embankment construction.

The area designated for the lagoon liquid storage area and embankments shall be stripped of soils that will not form an effective seal.
The liquid storage area of the lagoon must be sealed to prevent excessive exfiltration.
Embankments shall be constructed of impervious materials and compacted sufficiently to form a stable structure.
The influent line shall be installed at sufficient depth to protect the line from freezing and be properly bedded to prevent structural damage to the pipe from wheeled vehicles that cross the area. Slope of the line shall be such that excessive flow velocities do not cause scouring at the discharge point, but shall be adequate to prevent deposition within the line.
Effluent from the last cell shall be withdrawn from six (6) inches below the water surface. This shall be accomplished by placing a tee, with the run in a vertical position, on the inlet end of the effluent pipe.
The lagoon area shall be enclosed with a minimum four (4) feet high woven or chain-link or other restricting fence to preclude livestock and discourage trespassing. The fence shall be so located to permit mowing of the embankment top and slopes. A gate of sufficient width to accommodate mowing equipment shall be provided.
Appropriate warning signs shall be provided to designate the nature of the facility and discourage trespassing.

(g) Operation and Maintenance 1. It shall be necessary to fill the lagoon with water prior to using it for waste disposal.

Vegetation growing along the water’s edge and in the water shall be mowed or otherwise removed at least annually.
It shall be necessary to maintain a consistent water depth of four (4) feet at all times of the year.

(6) A Subsurface Drip Disposal (SDD) System is a subsurface sewage disposal system, which utilizes pressurized drip irrigation line for the uniform application of treated wastewater throughout the disposal field. SDD systems shall be designed and installed to utilize the upper profiles of a suitable soils area through the uniform distribution of effluent, dosing and resting cycles, and shallow installation of the disposal line. SDD systems are to be proceeded by a treatment device capable of achieving secondary effluent treatment standards unless otherwise determined by this department.

SDD systems designed to accommodate wastewater flows in excess of seven hundred fifty (750) gallons per day must be designed by a licensed engineer. The design shall be reviewed by the department applying the requirements of paragraph (6) of this rule.

(a) Site and Soil Requirements 1. Prior to the design of the SDD system, the suitability of the site must be demonstrated through acceptable soil properties, soil conditions and topographical characteristics. Acceptable soil textural and structural properties are shown in Table VII.

The design and installation of the SDD system shall be based on the most restrictive naturally occurring soil horizon or layer to a depth of twenty (20) inches or twelve (12) inches below the installation depth of the drip line, whichever is greater.
An area of suitable soil must be available to install the primary system and maintain a suitable area of adequate size for a one hundred (100) percent duplicate area.
An extra-high intensity soil map, provided by a soil consultant listed by the department, shall establish the soil properties.

(i) An extra-high intensity soil map for use to design a SDD system shall provide site-specific profile descriptions establishing the texture and structure (shape and grade) for each suitable soil unit mapped.

(ii) Profile descriptions require the excavation of soil pits in order to allow for site-specific pedon descriptions. The soil column shall be described to a depth of thirty-six (36) inches or to rock or fragipan whichever is shallower.

There shall be a minimum of two (2) pits per acre with at least one pit in any suitable soil unit intended for use, unless a different frequency is specified by the Commissioner.

(iii) Slope classes (Table VI) for extra-high intensity soil maps used for SDD systems shall be delineated as follows:

Table VI.

Slope Classes Slope Classes 0 - 9 % 10 - 20 % 20 - 30 % 30 - 40 % 40 - 50 % > 50 % (iv) Percolation tests shall not be allowed to establish soil properties for the design of SDD systems.

The size of the SDD system shall be determined by the following:

(i) The daily wastewater flow divided by the loading rate (Table VII) shall determine the area (ft ) required for the initial system.

Table VII.

Hydraulic Loading Rates (gpd/ft ) - For Subsurface Drip Disposal (SDD) Systems TEXTURE STRUCTURE HYDRAULIC LOADING RATE (gpd / ft )

BOD ≤ 30 mg/L SHAPE GRADE Coarse Sand, NA NA NA * Loamy Coarse Sand Sand NA NA NA * Loamy Sand, Single Grain Moderate, Strong 0.50 Fine Sand, Loamy Fine Sand, Massive, Weak 0.40 Very Fine Sand, Loamy Very Fine Sand Coarse Sandy Loam, Sandy Loam Massive Structureless 0.30 Platy Weak 0.20 Moderate, Strong Not Used Blocky, Granular Weak 0.40 Moderate, Strong 0.50 Loam Massive Structureless 0.20 Platy Weak, Moderate, Strong Not Used Blocky, Granular Weak 0.30 Moderate, Strong 0.40 Silt Loam Massive Structureless 0.20 Platy Weak, Moderate, Strong Not Used Blocky, Granular Weak 0.20 Moderate, Strong 0.30 Sandy Clay Loam, Clay Loam, Silty Clay Loam Massive Structureless NA * Platy Weak, Moderate, Strong Not Used Blocky, Granular Weak 0.20 Moderate, Strong 0.20 Sandy Clay, Clay, Silty Clay Massive Structureless Not Used Platy Weak, Moderate, Strong Not Used Blocky, Granular Weak 0.075 Moderate, Strong 0.10 * Requires a special site investigation Table VII compiled from: EPA, Netafilm, GeoFlow, AL, NC, MS, GA, TX, AR and TN (ii) When slopes exceed nine (9) percent, slope correction factors (Table VIII) shall be used to adjust area requirements.

Table VIII.

Slope Correction Factors Slope Class Depth to Restrictive Layer ≤ 23 in ≥ 24 in 10% - 20% 15% 0% 20% - 30% 35% 15% (iii) Slopes of more than fifty (50) percent shall be considered unsuitable.

(iv) For sites with slopes between thirty (30) to fifty (50) percent a special investigation shall be conducted to evaluate those soils to determine: depth to rock, kind of rock and particle size class designation to a depth of six (6) feet or to hard rock, whichever is shallower.

(v) SDD systems designed for sites with slopes greater than thirty (30) percent must be designed by a licensed engineer. The department shall review the design.

(b) Design and Layout of the SDD System 1. The required minimum linear tubing footage is determined by dividing the amount of required square footage of suitable soil area by two (2). However when slope correction factors are required, the minimum linear tubing footage is calculated on the required square footage (without the addition of the slope correction factors) divided by two (2). The approximate tubing spacing is then determined by dividing the required square footage (including the slope correction factor) by the minimum linear tubing footage. Complete coverage of the required square footage (including any slope correction factor) is required. Designers are permitted to specify a closer tubing spacing and additional tubing, as soil and site conditions may accommodate to insure complete coverage of the disposal area.

The location of the septic tank, effluent treatment unit, dosing chamber, and the disposal field shall be in accordance with Rule 0400-48-01-.11.
The drip disposal lines shall be placed on contour. The maximum length of a single line or maximum drip zone size shall be in compliance with the manufacturer’s recommendations and is subject to approval by the department.
Drip disposal lines and drip emitters shall be spaced on twenty-four (24) inch centers unless an alternative spacing is required by the use of slope correction factors. Tubing spacing other than twenty-four (24) inch centers may be considered on a case-by-case basis through the GWP Central Office.
All components of an SDD system shall be designed and manufactured to resist the corrosive effects of wastewater and household chemicals, and meet applicable ASTM standards.
All SDD systems shall include an automatic filtration system capable of removing suspended solids to a level recommended by the drip disposal line manufacturer or to a maximum particle size of no more than 120 microns, whichever is smaller.

The filtration system shall be sized to provide the specified filtration level at or above peak flow conditions.

All SDD systems shall be designed to automatically flush each disposal field or zone at a minimum fluid velocity of two (2) feet per second. Flushing velocity is measured at the distal end of the drip disposal line. Flushing frequency shall be at least the minimum frequency recommended by the drip disposal line manufacturer or at a minimum once every thirty (30) days.
The filter flush, and network forward flushing volumes are to be hydraulically acceptable to and not adversely affect the pretreatment unit design for systems that flush to the pre-treatment tank. Systems designed to continuously forward flush to the dosing tank shall incorporate a system to automatically flush the filter to the pre-treatment tank.
Air / vacuum release valves shall be placed at the highest point of each zone. All valves shall be installed under a protective cover allowing grade level access.
Non-pressure-compensating turbulent flow drip emitters shall not be used in any SDD or packaged SDD system.
Valves or appropriate fittings to allow for easy measurement of system pressures shall be provided on the pump output, and on each supply and return manifold of each zone.
SDD systems shall be timed dosed at regular intervals. Demand dosing shall not be used. Minimum dose calculations shall include at least three (3) times the volume of the tubing plus the volume of the supply and return manifolds. All SDD systems shall incorporate a flow meter to accurately determine the volume of flow to the disposal field. The approved system shall also provide the means to calculate pump cycles, alarm events, pump run time, and automated flushing events.
Systems designed to continuously forward flush shall incorporate a flow meter on the supply and return in order to accurately determine the volume of flow dosed in the disposal field.
SDD systems shall have a dosing tank capacity that will allow float placement to provide for a minimum working volume of fifty (50) percent of the peak design flow. This volume should be calculated from the timer enable to the high water alarm floats. The dosing chamber shall also provide a reserve capacity of at least fifty (50) percent of the peak daily flow above the high water alarm. The alarm and alarm switches shall be placed on a separate electrical circuit from the pump power line.
SDD systems shall be designed to prevent the redistribution of effluent by gravity in the disposal area.

(c) Construction Specifications 1. All supply and return manifolds, lines and pressure pipe network elements shall be constructed using Schedule 40 PVC or equivalent.

Any turn in the drip disposal line greater than ninety (90) degrees shall be made using flexible sections of PVC or functional equivalent. The drip line shall be secured to the flexible PVC using fittings manufactured for that purpose.
All electrical installations shall be installed to meet the current wiring methods of the current edition of the “National Electric Code” (NEC) adopted by the Department of Commerce and Insurance.
Drip disposal line shall be installed at a depth of eight (8) to twelve (12) inches below the natural soil surface. A buffer of twelve (12) inches of undisturbed soil below the drip disposal line to rock or restrictive horizon shall be maintained throughout the disposal field.
Drip disposal line shall be installed with the contour of the ground and in such a manner to prevent damage to the tubing and comply with the manufacturer’s recommendations.

(d) General Requirements 1. SDD systems may only be used if the effluent introduced to the SDD system has been treated to secondary effluent treatment standards.

Permits for SDD systems will only be considered for systems that are designed by a licensed engineer or have been previously approved as a packaged SDD system by this department.
This Department will maintain a list of approved SDD systems either packaged with an ATS or independently.
No manufacturer marketing an SDD system independently or packaged with an ATS in Tennessee shall deny the sale of replacement parts or deny technical guidance to any maintenance provider listed in accordance with Rule 0400-48- 01-.23.
The property owner at the time of initial installation of a SDD system and any subsequent owner, for the life of the system, shall have in effect a contract for operation and maintenance of the SDD with an approved maintenance provider under Rule 0400-48-01-.23. These contracts will be reviewed by this department on an annual basis. This requirement can be included with the ATS contract specified in Rule 0400-48-01-.10.
SDD systems will not be considered for the purposes of subdivision plat approval or permit issuance unless the SDD system is to be utilized as the primary system.
SDD systems will be considered for residential applications up to and including fifteen hundred (1500) gallons per day. However, commercial applications may be considered by the department on an individual basis.
Upon installation of a packaged SDD system, a representative of the company holding the packaged approval shall inspect the system to certify that the system was installed to the approved specifications and provide GWP with a detailed layout of the system components. For systems designed by a licensed engineer, the engineer must submit construction as-built drawings showing the location of all components of the system.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.16 EXPERIMENTAL METHODS OF TREATMENT AND DISPOSAL OTHER THAN

THOSE PROVIDED IN THESE REGULATIONS.

(1) Experimental methods of treatment and disposal of sewage in lieu of those provided herein shall not be utilized unless approval has been granted by the department.

(2) Prior to issuance of an experimental sewage system permit, an amendment to the deed (reflecting the presence of such system) shall be completed, notarized and recorded at the Register of Deeds Office in the county where the system will be located. A copy of such shall be submitted to the department.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.17 PRIVIES AND COMPOSTING TOILETS

(1) Pit privies shall be constructed to prevent a health hazard and prevent insect and rodent accessibility and shall not be located less than fifty (50) feet from a water supply or less than ten (10) feet from any habitable building or property line.

(2) Composting toilets must be certified by the National Sanitation Foundation (NSF) to be in compliance with NSF Standard 41, and be published in their “Listing of Certified Wastewater Recycle / Reuse and Water Conservation Devices,” before they may be used for disposal of human excreta by non-water carriage methods.

(3) A pit privy or composting toilet shall not be permitted for a facility where the facility has running water available unless there is an acceptable means to dispose of wastewater.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.18 APPROVED SOIL CONSULTANTS

(1) An approved soil consultant shall be one who meets all of the following requirements:

(a) Graduation from an accredited college or university with a bachelor’s degree in soil science, agronomy and/or agriculture with an emphasis in plant and soil science or agronomy, or graduation from an accredited college or university with a minimum of thirty (30) quarter hours biological, physical and earth sciences and an additional twenty-two and one-half (22 1/2) quarter hours in soil science.

(b) A minimum of two (2) years full time or equivalent of soil evaluation experience in accordance with the United States Department of Agriculture system. Experience must include studies of soil physical characteristics, geology, and soil relationships, soillandscape relationships, soils identification, landscape features, mapping techniques, interpretive ranges, sewage systems and soil improvement design variations.

(c) Candidates must pass a written examination to demonstrate mastery in soil science. A test result of eighty (80) percent correct shall constitute a passing score.

(d) Candidate must pass a field soil mapping test to demonstrate mastery in soil classification, soil mapping, soil interpretations and cartography skills. A score of eighty (80) percent is satisfactory. Candidate then receives interim approval as a soil consultant.

(e) After completing the first five (5) soil maps, if no serious errors were made, the candidate then becomes a soil consultant approved to make general and high intensity soil maps.

(f) If the candidate fails the written examination, the field test or any of the first five (5) soil maps, the testing procedure may begin again after a six (6) month period. The second time, if the candidate fails the written test, the field mapping test or any of the first five (5) high intensity soil maps, the testing procedure may begin again after a twelve (12) month waiting period. The testing procedure may be repeated only one time.

(g) After a period of one year and the completion of a minimum of twenty-five (25) high intensity soil maps with a total of one hundred (100) acres, and approved soil consultant who has not been reprimanded or suspended may apply to become approved to make all intensity soil maps.

(h) Soil maps shall be made to comply with criteria set forth by the most current edition of the “Soils Handbook of Tennessee” prepared by the Division of Water Resources.

(2) Revocation of Approval (a) The department may review the performance of any approved soil consultant and require the submission of any soil map or other information necessary for performance review.

(b) The department may revoke or suspend the approval of any soil consultant for the practice of any fraud or deceit in obtaining the approval or any gross negligence, incompetence or misconduct in the practice of soil evaluation or any continued disregard of evaluation criteria as required by the “Soils Handbook of Tennessee” prepared by the Division of Water Resources. Any person whose approval as a soil consultant has been denied, suspended or revoked, may request a hearing before the Commissioner by making such request in writing within thirty (30) days of the date of his denial, suspension or revocation. Any hearing granted under this rule shall be conducted in accordance with T.C.A. §§ 4-5-301 et seq.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.19 INSTALLER OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS

(1) (a) No person shall engage in the business of constructing, installing, altering or extending or repairing a subsurface sewage disposal system unless he has a valid annual permit issued by the Commissioner. This rule does not apply to the property owner or the property owner’s tenant doing his own work on his own property where such property is the residence of the owner or tenant, provided that nothing in this rule shall act to remove the requirement that any person must secure a construction permit as provided by law and duly promulgated regulations.

(b) Any person who is, on the effective date of these rules, or intends to become after the effective date of these rules, an installer, shall make application for the installer’s permit in writing on a form furnished by the department.

(2) (a) No permit under this rule shall be granted until:

An application is filled out in its entirety, unless otherwise specified by the Commissioner; and 2. The installer scores a grade of seventy (70) percent or above on a written or oral test developed by the department. This test requirement does not apply, however, to an installer who was licensed the previous year and who performed satisfactory work, as determined by the Division of Water Resources, during the previous year. The test shall cover design, location and installation of conventional/alternative subsurface sewage disposal systems.

(b) A permit to install subsurface sewage disposal systems may be denied where the applicant has had a previous permit denied, suspended or revoked due to unsatisfactory work, where such unsatisfactory work is material to the subject matter of the permit.

(3) Permits shall not be transferable or assignable and shall automatically become invalid upon a change of ownership or upon suspension or revocation.

(4) When a permit has been denied, suspended or revoked, a hearing may be requested before the Commissioner by making such request in writing within thirty (30) days of the date of his denial, suspension, or revocation. Any hearing granted under this rule shall be conducted in accordance with T.C.A §§ 4-5-301 et seq.

(5) Permits shall expire on the 31st day of December following the date of issuance.

(6) An application for a permit shall contain the following:

(a) Name of business;

(b) Business address and phone number;

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.20 SEPTIC TANK PUMPING CONTRACTOR

(1) Domestic Septage Removal Permit - Persons engaged in the business of removing and disposing of domestic septage from septic tanks, holding tanks, portable toilets or other similar sewage treatment or disposal facilities covered within the provision of these rules shall obtain an annual permit from the Commissioner.

Septic tank pumping contractors are authorized under the domestic septage removal permit to pump the contents of grease traps that are a part of subsurface sewage disposal systems.

This grease trap waste must be disposed of in a manner approved by the Commissioner.

Grease trap waste may not be disposed of on a domestic septage disposal site, as authorized under these rules.

(2) (a) No permit under this rule shall be granted until:

An application is filled out in its entirety, unless otherwise specified by the Commissioner; and 2. The contractor has demonstrated to the Commissioner that he is capable of conducting the operation in accordance with the rules as set forth herein; and (b) A domestic septage removal permit may be denied where the applicant has had a previous permit denied, suspended or revoked due to unsatisfactory work, where such unsatisfactory work is material to the subject matter of the permit.

(3) Application for permit shall contain the following:

(a) Business name, owner’s name, address and telephone number;

(b) Signature of applicant and date of application;

(c) Written permission of the proper official when contents are to be disposed of by discharging into a public or community wastewater treatment plant;

(d) Written permission of the landowner and disposal site operator, if different from the landowner, for each land application site used, including a copy of the domestic septage disposal site permit(s);

(e) Tank capacity, in gallons, license number and state of registration for each vehicle used to transport domestic septage;

(f) Counties in which the contractor intends to conduct most of his business.

(4) Monitoring Logs - A monthly log, on a form provided by the Department, of all pumpings and discharges shall be maintained. The log shall include, but not be limited to, the following:

(a) Date domestic septage is collected;

(b) Address of collection;

(d) Volume in gallons collected;

(e) Type of waste hauled;

(f) The discharge location, by treatment plant name or land disposal site permit number;

(g) The date, time and total number of gallons of domestic septage applied to the approved disposal site (if applicable);

(h) Method of pathogen reduction and vector attraction reduction for each load (if applicable);

(i) The following statement of certification:

“I certify, under penalty of law, that all domestic septage has been disposed of at an approved wastewater treatment facility, or that the site requirements of paragraph (6) of

Rule 0400-48-01-.22, have been met.”

(5) Vehicle Identification - All vehicles engaged in domestic septage removal shall carry on both sides of the vehicle the name and address of the firm or operator conducting the business and the domestic septage removal permit number under which the business is being conducted. All lettering shall be at least two (2) inches high in bold print on a background of contrasting colors. All vehicles used for transporting domestic septage shall have an identifying sticker, provided by the department, attached to the vehicle in a location determined by the department.

(6) Vehicle Maintenance - Every vehicle used for domestic septage removal purposes shall be equipped with a watertight tank and shall be maintained in a clean and sanitary condition.

Liquid wastes shall not be transported in an open body vehicle unless contained within suitable portable receptacles. All pumps, valves and hose lines shall be maintained so as to prevent leakage. A splash plate or other approved method of dispersal shall be used for land application.

(7) Portable Receptacles - All portable receptacles used for transporting liquid or solid wastes shall be watertight, equipped with tight-fitting lids and cleaned daily.

(8) Domestic Septage Removal Permit (a) Permits shall not be transferable or assignable and shall automatically become invalid upon a change of ownership or upon suspension or revocation.

(b) Permits shall expire on the 31st day of December, following the date of issuance.

(c) When a permit has been denied, suspended or revoked, a hearing may be requested before the Commissioner by making such request in writing within thirty (30) days of the date of the denial, suspension or revocation. Any hearing granted under this

section shall be conducted in accordance with T.C.A. §§ 4-5-301 et seq.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.21 FEES FOR SERVICES

(1) Fees for services are assessed pursuant to the following:

Specific Procedure Covered by Fee Fee (a) Conventional, chamber, EPS and large diameter gravelless pipe subsurface sewage disposal systems permit application processing, making inspections and other regulatory activities relative to the construction of new conventional, chamber and large diameter gravelless pipe subsurface sewage disposal systems and modification or expansion of existing systems because of additions resulting in added wastewater flow, but not for repair of malfunctioning systems. Permits shall be granted or denied within forty-five (45) days of receipt of all necessary information.

Four hundred dollars ($400) up to one thousand (1,000) gpd design flow plus one hundred dollars ($100) for each additional one thousand (1,000) gpd flow, or portion thereof.

(b) Alternative subsurface sewage disposal systems permit application up to one thousand (1,000) gpd. design flow processing (excluding chamber, EPS and large diameter gravelless pipe systems), making inspections and other enforcement activities relative to the construction of alternative subsurface sewage disposal systems and modification or expansion of existing systems because of additions resulting in added wastewater flow, but not for repair of malfunctioning systems. Permits shall be granted or denied within forty-five (45) days of receipt of all necessary information.

Five hundred dollars ($500) plus one hundred fifty dollars ($150) for each additional one thousand (1,000) gpd flow, or portion thereof.

(c) Experimental subsurface sewage disposal systems permit application processing, making inspections and other enforcement activities relative to the construction of experimental subsurface sewage disposal systems and expansion of systems because of additions resulting in added wastewater flow, but not for repair of malfunctioning systems. Permits shall be granted or denied within fortyfive (45) days of receipt of all necessary information.

Five hundred dollars ($500).

(d) Subdivision evaluation and plat approval for individual lots - Evaluations of lots within proposed subdivisions to determine and to specify limitations on their usability for subsurface sewage disposal systems.

Two lots or less One hundred fifty dollars ($150) per lot Three lots to ten lots One hundred dollars ($100) per lot Greater than ten lots One thousand dollars ($1,000) for the first ten lots plus sixty five dollars ($65) for each additional lot (e) Inspections of existing subsurface sewage disposal systems.

Two hundred dollars ($200) per inspection.

(f) Installer and Pumper Permits - Enforcement activities relative to sewage system installers and septic tank pumpers. Permits shall be granted or denied within forty-five (45) days of the date of application.

Two hundred dollars ($200) per annual permit for pumpers and installers. The $200 annual installer permit applies to installation of conventional, chamber, EPS and large diameter gravelless pipe systems. If an installer wishes to be permitted for installation of alternative systems, an additional one hundred dollars ($100) applies for each type of alternative system.

(g) Sewage Surveys - Activities involved in the inspections and surveying of subsurface sewage disposal systems.

Actual costs.

(h) Water Samples - Collection of water samples for bacteriological laboratory analysis, but does not include samples collected in enforcement activities.

Mail Deliver One hundred fifteen dollars ($115) per sample.
Direct Deliver Two hundred fifteen dollars ($215) per sample.

(i) Plans Review - Review of designs for large Seven hundred fifty dollars ($750) per conventional or large alternative subsurface sewage disposal systems to the point of permit issuance. proposed system.

(j) Domestic Septage Disposal Site Permit - Permit application processing, making inspections and other regulatory activity relative to domestic septage disposal sites Permits shall be granted or denied within forty-five (45) days of receipt of all necessary information.

Four hundred dollars ($400).

(k) Training - Non-state agencies and individuals.

Calculated costs.

(l) Certificate of Verification by homeowners of existing system.

One hundred dollars ($100).

History

Authority: T.C.A. §§ 68-221-401 et seq., 68-203-101 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200- 01-06. Amendment filed January 8, 2014; effective April 8, 2014.

Tenn. Comp. R. & Regs. 0400-48-01-.22 DOMESTIC SEPTAGE DISPOSAL

(1) When permission for use is obtainable, a public, community or private wastewater treatment facility shall be used to dispose of domestic septage. When permission to use wastewater treatment facilities cannot be obtained, then a permitted domestic septage disposal site may be used in accordance with this rule. A domestic septage disposal site permit shall be obtained from the Commissioner.

(2) Domestic Septage Disposal Site Permit - Any site used for the disposal of the domestic septage from septic tanks or other sewage treatment or disposal facilities covered within the provisions of these regulations shall require an annual permit from the Commissioner. The operator of the site shall obtain this permit prior to any use of the site and shall be responsible for the proper use and maintenance of the site.

(3) (a) No permit under this rule shall be granted until:

An application is filled out in its entirety, unless otherwise specified by the Commissioner;
The operator has demonstrated to the Commissioner that he is capable of operating the site in accordance with the regulations as set forth herein; and 3. The department has determined that the site meets the minimum requirements as set forth herein.

(b) A domestic septage disposal site permit may be denied, suspended or revoked when the disposal site does not meet the minimum requirements as set forth herein or where it is determined that the operator is not operating the site in accordance with the regulations as set forth herein.

(4) Application for permit shall contain the following:

(a) Business name, address and telephone number of operator;

(b) Name, address and telephone number of applicant;

(c) Written permission of the landowner. The landowner must agree, in writing, to abide by the land use restrictions as provided in these rules;

(d) A high intensity soil map of the proposed disposal area prepared in accordance with Rules subparts (3)(a)1(i) and (3)(a)(2)(i) of Rule 0400-48-01-.03. This map must note any areas where slope exceeds twelve (12) percent or where there is less than twentyfour (24) inches of soil material before subsurface bedrock formations, fragipans, seasonal high water table or water are encountered;

(e) A plat, with seal and signature of a registered surveyor, of sufficient scale and accuracy to locate pertinent features. This plat shall include, but not be limited to, the property boundaries, disposal boundaries, buildings, underground utilities, roads, surface waters, water supplies, water courses, sinks, sinkholes, caves, etc.;

(f) The crop to be grown on the disposal site for the coming year; and (g) Any additional information that the Commissioner determines is necessary to properly evaluate the site.

(5) Permits for Domestic Septage Disposal Site (a) Permits shall not be transferable or assignable and shall automatically become invalid upon a change of land or business ownership or upon suspension or revocation.

(b) Permits shall expire on the 31st day of December, following the date of issuance.

section shall be conducted in accordance with T.C.A. §§ 4-5-301 et seq.

(6) (a) Land application of domestic septage shall be approved as follows:

(i) The pH of the domestic septage shall be raised to a minimum of twelve (12) or higher by the addition of an alkali such as hydrated lime or quicklime, and without adding more alkali, the domestic septage shall remain at a pH of twelve (12) or higher for at least thirty (30) minutes prior to being land applied;

(ii) Domestic septage shall be injected below the surface of the soil. When domestic septage is injected below the surface of the soil, no significant amount of domestic septage shall be present on the surface of the soil within one (1) hour after the domestic septage is injected; or (iii) Domestic septage shall be incorporated into the surface of the soil within six (6) hours of land application; and 2. The vehicle must be in motion during land application to evenly distribute the domestic septage over the site. A splash plate or other effective method of dispersal shall be used for land application.

(b) Grease and/or the contents of grease traps shall not be disposed of at any domestic septage disposal site approved under these rules.

(c) Commercial or industrial wastewater shall not be disposed of at any domestic septage disposal site approved under these rules.

(d) The contents of portable toilets, Type III marine sanitation devices, or similar materials shall not be applied to domestic septage disposal sites unless the site is approved in conjunction with the Director of the Division of Water Resources.

(7) Site Restrictions (a) Soil requirements 1. Domestic septage disposal sites shall have a slope of twelve (12) percent or less.

The soil material in the domestic septage disposal site shall be at least twentyfour (24) inches deep before subsurface rock formations or seasonal ground water is encountered.
Domestic septage disposal sites shall have a well-established sod cover unless domestic septage is injected below the soil surface or incorporated into the soil surface within six (6) hours of land application.
The minimum soil absorption rate shall be thirty (30) minutes per inch. There are no upper limits on soil absorption rates.

(b) The annual application rate (AAR) for domestic septage shall not exceed the annual application rate calculated using the equation: 0026.0 AAR N = Where:

AAR = Annual application rate in gallons per acre per 365 day period.

N = Amount of nitrogen in pounds per acre per 365 day period needed by the crop or vegetation grown on the land.

Once the annual application rate has been reached for an approved domestic septage disposal site, no additional domestic septage disposal will be allowed on that site during that calendar year.

Five hundred (500) feet from any habitable building or public use area. With the owner’s permission, the site may be within a lesser distance of his residence.
One hundred (100) feet from adjoining property, any highway or public road, sink, cave or bedrock outcrop.
Three hundred (300) feet from surface waters or any point where it can pollute any water course or groundwater.
Five hundred (500) feet from water supplies or bathing areas.
No disposal in areas subject to flooding, as determined by the department.

(d) Grazing restrictions - Animals shall not be allowed to graze on the land for thirty (30) days after application of domestic septage.

(e) Public access to the domestic septage disposal site shall be restricted for one year after application of domestic septage. Examples of restricted access include remoteness, posting “no trespassing” signs and/or simple fencing.

(f) Crop restrictions 1. Food crops with harvested parts that touch the domestic septage/soil mixture and are totally above ground shall not be harvested for fourteen (14) months after application of domestic septage.

Food crops with harvested parts below the surface of the land shall not be harvested for thirty-eight (38) months after application of domestic septage.
Animal feed, fiber and those food crops that do not touch the soil surface shall not be harvested for thirty (30) days after application of domestic septage.

(8) Facility Standards (a) Storage facilities shall be identified and approved and must be used if pumping is continued when the site is not accessible or usable.

(b) Mixing facilities for lime and domestic septage shall be identified, inspected and approved by the Commissioner.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.23 MAINTENANCE PROVIDER FOR ADVANCED TREATMENT SYSTEMS AND

SUBSURFACE DRIP DISPOSAL SYSTEMS.

(1) An approved maintenance provider shall be one who meets all of the following requirements:

(a) Any person who, on or after, the effective date of these rules, is or intends to become after the effective date of these regulations, a maintenance provider, shall make application for approval in writing on a form furnished by the department.

(b) After December 31, 2010, persons applying for approval to become a maintenance provider must have a high school education or equivalent.

(2) No approval under this rule shall be granted until:

(a) An application is filled out in its entirety, unless otherwise specified by the Commissioner.

(b) The maintenance provider candidate attends and successfully complete a training course approved by the Division of Water Resources; and (c) The maintenance provider candidate scores a grade of eighty (80) percent or above on a written test developed by the department. This test requirement does not apply, however, to a maintenance provider who was approved the previous year and who performed satisfactory work, as determined by the Division of Water Resources, during the previous year.

(3) Approval to maintain ATS, SDD, or packaged systems may be denied where the applicant has had a previous approval denied, suspended or revoked, or has been shown to provide unsatisfactory work, where such unsatisfactory work is material to the subject matter of the approval. Failure to timely provide maintenance tasks required by the manufacturer or this Department shall constitute unsatisfactory work.

(4) This Department will maintain a list of approved maintenance providers that have met the requirements of this rule and provided satisfactory work.

(5) Approvals shall not be transferable or assignable and shall automatically become invalid upon any suspension or revocation becoming final.

(6) When an approval has been denied, suspended or revoked, a hearing may be requested before the Commissioner by making such request in writing within thirty (30) days of the date of his denial, suspension, or revocation. Any hearing granted under this rule shall be conducted in accordance with T.C.A. §§ 4-5-301 et seq. If no such hearing is timely filed, the denial, suspension, or revocation is final.

(7) Approvals shall expire on the 31st day of December following the date of approval.

(8) An application for approval shall contain the following:

(a) Name of business;

(b) Business address and phone number;

(d) Address and phone number of owner; and (e) Proof of Professional Development Hours (Renewal Only).

(9) Annual Renewal (a) Any maintenance provider approved in accordance with this rule will be responsible for obtaining at least 6 Professional Development Hours (PDH’s) annually. Courses qualifying as having PDH’s will be approved by this Department.

(b) Maintenance provider approval annual renewal will be considered upon submittal of application and proof of PDH at the close of each calendar year.

(10) Maintenance Providers Responsibilities:

(a) Any maintenance provider approved in accordance with this rule shall be responsible to provide proof of the operation and maintenance agreement referenced in this rule and the deed of the property, and paying the appropriate tracking fee for each ATS, SDD, or packaged system that the provider has under an operation and maintenance contract. Proof of maintenance contract and the associated tracking fee shall be due on the anniversary of the certificate of completion of the system.

(b) Services provided by a maintenance provider shall include, but are not limited to, any operational or maintenance requirements in these rules for such systems operated and maintained.

(c) In the event that a property owner chooses not to renew or cancels an operation and maintenance contract with a maintenance provider, the maintenance provider shall notify the Department within 30 days of such action.

(d) Any maintenance provider approved in accordance with this rule will be responsible for maintaining manufacturers certification for any ATS models being maintained.

Documentation of such certifications shall be provided to this department.

(e) Maintenance providers shall be responsible for notifying this Department of any condition, event, or failure of an ATS, SDD or packaged system that is outside the parameters of routine operation.

(f) Operation and maintenance visits shall be conducted by the approved maintenance provider. Any individual making such visits shall meet the requirements of this rule and be listed by this Department as an approved maintenance provider.

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

Tenn. Comp. R. & Regs. 0400-48-01-.24 SEVERABILITY

(1) Severability If any provision or application of any provision of these rules is held invalid, that invalidity shall not affect other provisions or applications of these rules.

Appendix I Average Soil Absorption Rates (mpi) for Soil Series and Phases of Soil Series Soil Series or Phase Soil Absorption Rate Note Soil Series or Phase Soil Absorption Rate Note Abernathy 30 1 Bloomingdale > 75 4 Adaton > 75 2 Bodine (Cherty) 30 Adler 30 1 Bolton 45 Agee > 75 4 Bonair 30 4 Alcoa 45 Bonn > 75 2 Allegheny 30 Bosket 30 1 Allen 45 Boswell > 75 Alligator > 75 4 Bouldin 10 Almaville > 75 4 Bowdre 30 4 Almo > 75 Bradyville Alticrest 30 5 ≥ 20 in to clay 75 Altavista 30 2 < 20 in to clay > 75 Alva 15 1 Brandon 30 Amagon 75 1 Brantley > 75 Apison 45 5 Brasstown 45 Arkabutla 45 4 Braxton Armour 30 ≥ 24 in to clay 75 Armuchee > 75 5 < 24 in to clay > 75 Arrington 30 1 Brevard 30 Ashe 15 3 Briensburg 30 1 Askew 45 1 Britton > 75 Ashwood > 75 3 Brookshire 15 Atkins 30 4 Bruno <10 1 Augusta > 75 2 Bryson 2 Balfour 30 ≥ 24 in to fragipan 75 Barbourville 15 1 < 24 in to fragipan > 75 Barfield > 75 2 Buncombe <10 1 Barger 2,6 Burgin > 75 2 ≥ 20 in to fragipan 75 Burton 30 3 < 20 in to fragipan > 75 Busseltown Bays > 75 3 ≥ 20 in to fragipan 75 6 Baxter (Cherty) 60 < 20 in to fragipan > 75 Beason > 75 2 Byler 2 Bedford ≥ 24 in to fragipan 75 ≥ 24 in to fragipan 75 < 24 in to fragipan > 75 < 24 in to fragipan > 75 Calhoun > 75 2 Beechy 30 4 Calloway > 75 2 Bellamy 2,6 Calvin > 75 3 ≥ 20 in to fragipan 75 Camp 30 1 < 20 in to fragipan > 75 Cannon 15 1 Bewleyville 45 Capshaw > 75 2 Bibb 15 4 Captina Biffle 45 5 ≥ 24 in to fragipan 75 2 Biltmore <10 1 < 24 in to fragipan > 75 2 Birds 30 4 Carbo > 75 3 Bland > 75 3 Cataska > 75

Appendix I (continued)

Average Soil Absorption Rates (mpi) for Soil Series and Phases of Soil Series Soil Series or Phase Soil Absorption Rate Note Soil Series or Phase Soil Absorption Rate Note Caylor 60 Delanco 30 2 Center 75 2 Dellrose (Cherty) 30 Chagrin 30 1 Dewey 60 Chenneby 45 2 Dexter 30 Chewacla 30 4 Dickson 2 Chickasaw > 75 ≥ 24 in to fragipan 75 Christian > 75 < 24 in to fragipan > 75 Citico 45 Dilton 75 2 Claiborne 45 Ditney 30 5 Clarksville (Cherty) 30 Donerail > 75 Clarkrange 2 Dowelltown > 75 2 ≥ 24 in to fragipan 75 Dubbs 45 1 < 24 in to fragipan > 75 Dulac 2 Clifton 45 ≥ 24 in to fragipan 75 Cloudland 2 < 24 in to fragipan > 75 ≥ 24 in to fragipan 75 Dundee 60 4 < 24 in to fragipan > 75 Dunmore Cobstone 15 1 ≥ 24 in to clay 60 Coghill > 75 5 < 24 in to clay 75 Coile > 75 5 Dunning > 75 2 Colbert > 75 Dyer 45 4 Collegedale > 75 Eagleville > 75 3 Collins 30 1 Ealy 15 1 Commerce 60 4 Egam > 75 1 Conasauga > 75 2 Elk 45 Conagree 15 1 Elkins 45 4 Convent 45 4 Elliber 30 Cookeville 60 Ellisville 30 1 Corryton > 75 Emory 30 1 Cotaco 30 1 Enders > 75 Craggey > 75 Ennis 30 1 Craigsville 15 1 Enville 45 4 Crevassee <10 1 Etowah 30 Crider 30 Eustis <10 Crossville 30 3 Eupora 30 4 Culleoka 30 5 Evard 45 Cumberland 45 Fairmount > 75 3 Curtistown 30 Falaya 45 4 Cuthbert > 75 3 Falkner > 75 Cynthiana > 75 3 Fannin 30 5 Dandridge > 75 3 Farragut Deanburg 30 ≥24 in to shale material 75 Decatur 45 < 24 in to shale material > 75 DeKalb 15 5 Fletcher 45 Dekoven > 75 4 Forestdale > 75 4

Appendix I (continued)

Average Soil Absorption Rates (mpi) for Soil Series and Phases of Soil Series Soil Series or Phase Soil Absorption Rate Note Soil Series or Phase Soil Absorption Rate Note Fountain > 75 2 Ina 45 4 Frankstown (Cherty) 45 Inman > 75 3 Freeland 2 Iron City 60 ≥ 24 in to fragipan 75 Iuka 30 1 < 24 in to fragipan > 75 Jeffrey 30 3 Fullerton (Cherty) 45 Jefferson 30 Fullerton 60 Jefferson Gilpin > 75 3 Stoney 15 Gladdice > 75 3 Cobbly 15 Gladeville > 75 3 Gravelly 15 Godwin > 75 4 Johnsburg > 75 2 Greendale (Cherty) 30 1 Junaluska 45 5 Grenada 2 Keener 45 ≥ 24 in to fragipan 75 Landisburg > 75 2 < 24 in to fragipan > 75 Lanton > 75 1 Groseclose > 75 Lawrence > 75 2 Guin 15 Lax Gumdale > 75 2 ≥ 24 in to fragipan 75 Guthrie > 75 4 < 24 in to fragipan > 75 Guyton > 75 2 Leadvale > 75 2 Hagerstown 60 Lee 30 4 Hamblen 30 1 Leesburg 30 Hampshire > 75 Lehew 30 5 Hanceville 45 Lewistown > 75 Harpeth 30 Lexington 30 Hartsells 30 5 Lickdale 60 4 Hatchie > 75 2 Lily 30 5 Hawthorne 45 5 Lindell 30 1 Hayesville 45 Lindside 30 1 Hayter 45 Linker 30 5 Hector > 75 3 Litz > 75 3 Hendon 2,6 Lintonia 45 ≥ 20 in to fragipan 75 Lobdell 30 1 < 20 in to fragipan > 75 Lobelville 30 1 Henry > 75 2 Lomond 45 Hermitage 30 Lonewood 60 Hicks 45 Lonon 45 Hillwood 45 Loring Hiwassee 45 ≥ 24 in to fragipan 75 Hollywood > 75 2 < 24 in to fragipan > 75 Holston 45 Lost Cove 30 Humphreys 30 Lucy 30 Huntington 30 1 Luverne > 75 Hymon 30 1 Lynnville 45 4 Iberia > 75 4 Magnolia > 75

Appendix I (continued)

Average Soil Absorption Rates (mpi) for Soil Series and Phases of Soil Series Soil Series or Phase Soil Absorption Rate Note Soil Series or Phase Soil Absorption Rate Note Manse 30 Oaklimeter 30 1 Mantachie 45 4 Ocana 15 1 Marsh 45 3 Ochlochkonee 30 1 Masada 30 Oktibbeha > 75 Matney 30 3 Oliver > 75 4 Maury 45 Ooltewah 30 1 Maymead 30 Opeduon > 75 3 McCamy 30 3 Openlake > 75 1 Melvin 45 4 Orrville 30 4 Memphis 45 Pace 75 2 Mercer 2 Paden 2 ≥ 24 in to fragipan 75 ≥ 24 in to fragipan 75 < 24 in to fragipan > 75 < 24 in to fragipan > 75 Mhoon 60 4 Pailo 60 Mimosa > 75 Paraloma 2 Minter > 75 4 ≥ 24 in to fragipan 75 Minvale 45 < 24 in to fragipan > 75 Minvale (Cherty) 30 Pembroke 45 Morganfield 30 1 Perkinsville 45 Monongahela 2 Petros > 75 3 ≥ 24 in to fragipan 75 Pettyjon 45 1 < 24 in to fragipan > 75 Philo 30 1 Monteagle 60 3 Pickaway 2 Montevallo > 75 3 ≥ 24 in to fragipan 75 Morehead > 75 4 < 24 in to fragipan > 75 with drainage 75 Pickwick 60 Mountview 45 Pikeville 45 Muskingum 60 3 Platt 30 Mullins > 75 4 Pope 30 1 Muse > 75 Porters 30 5 Natchez 60 Potomac 45 1 Needmore > 75 5 Prader 45 4 Nella 15 Prentiss 2 Nesbitt 75 ≥ 24 in to fragipan 75 Neubert 15 1 < 24 in to fragipan > 75 Newark 30 4 Providence 2 Nixa ≥ 24 in to fragipan 75 ≥ 24 in to fragipan 75 < 24 in to fragipan > 75 < 24 in to fragipan > 75 Pruitton 45 1 Noah 75 Pottsville > 75 3 Nolichucky 30 Purdy > 75 4 Nolin 30 1 Ramsey > 75 3 Norene > 75 4 Ranger 45 5 Northcove 30 Red Hills 45 5 Nugent <10 1 Reelfoot 60 4

Appendix I (continued)

Average Soil Absorption Rates (mpi) for Soil Series and Phases of Soil Series Soil Series or Phase Soil Absorption Rate Note Soil Series or Phase Soil Absorption Rate Note Renox 45 Soco 45 5 Richland 2 Solway > 75 3 ≥ 24 in to fragipan 75 Spivey 15 < 24 in to fragipan > 75 Staser 30 1 Riverby 15 1 State 30 1 Roane > 75 4 Statler 30 1 Roanoke > 75 2 Steadman > 75 4 Robertsville > 75 4 (with drainage) 75 Robinsonville 15 1 Steekee > 75 3 Roellen > 75 2 Steens 75 2 Rosebloom 45 4 Stemley 2 Routon > 75 2 ≥ 24 in to fragipan 75 Russellville 2 < 24 in to fragipan > 75 ≥ 24 in to fragipan 75 Stiversville 30 < 24 in to fragipan > 75 Suches 1 Ruston 30 (well drained) 45 Saffell 30 (moderately well drained Safford > 75 with subsurface drain) 45 Sandhill 15 3 Sugargrove 45 5 Sango 2 Sulphura > 75 3 ≥ 24 in to fragipan 75 Sullivan 30 1 < 24 in to fragipan > 75 Sumter > 75 Savannah 2 Sunlight > 75 3 ≥ 24 in to fragipan 75 Susquehanna > 75 < 24 in to fragipan > 75 Swafford 2 Sees > 75 ≥ 24 in to fragipan 75 Sensabaugh 30 1 < 24 in to fragipan > 75 Sengtown 60 Swaim > 75 Sequatchie 30 1 Sweatman > 75 Sequoia > 75 Sykes Sewanee 30 1 Depth to clay ≥ 30 in 60 Shack 2,6 Depth to clay 24 - 30 in 75 ≥ 20 in to fragipan 75 6 Depth to clay < 24 in > 75 < 20 in to fragipan > 75 Sylco > 75 5 Shady 45 Taft > 75 2 Shannon 30 1 Talbott > 75 3 Shelocta 45 Talladega > 75 3 Sharkey > 75 4 Tallant 60 3 Shouns 60 Tarklin 2 Shubuta 75 ≥ 24 in to fragipan 75 Silerton < 24 in to fragipan > 75 ≥ 24 in to clay 75 Tasso < 24 in to clay > 75 ≥ 24 in to fragipan 75 Skidmore 30 1 < 24 in to fragipan > 75 Smithdale 30 Tate 30

Appendix I (continued)

Average Soil Absorption Rates (mpi) for Soil Series and Phases of Soil Series Soil Series or Phase Soil Absorption Rate Note Soil Series or Phase Soil Absorption Rate Note Teas > 75 3 Unicoi > 75 3 Tellico 45 Upshur > 75 Tichnor > 75 4 Urbo > 75 Tickfaw > 75 4 Vacherie > 75 4 Tigrett 30 1 Vaiden > 75 2 Tilsit Vicksburg 30 1 ≥ 24 in to clay 75 2 Wakeland 45 4 < 24 in to clay > 75 2 Wallen 45 5 Tioga 10 1 Watauga 30 5 Tippah Waverly 45 4 ≥ 24 in to clay 75 Waynesboro 60 < 24 in to clay > 75 Waynesboro Tiptonville 45 1 (gravelly) 30 Toccoa > 75 1 Weaver 30 1 (with drainage) 30 Wehadkee 45 4 Tooterville > 75 4 Welchland 15 1 Townley > 75 5 Wellston 75 Trace 45 1 Weon > 75 Transylvania 15 1 Whitesburg 45 1 Trappist > 75 5 Whitwell 45 2 Tsali > 75 5 Wilcox > 75 Tunica > 75 4 Wolftever > 75 2 Tate 30 Woodmont 75 2 Tupelo > 75 2 Woolper > 75 Tuscumbia > 75 4 Worthen 30 2 Tusquitee 30 Wynnville 2 Tyler > 75 2 ≥ 24 in to fragipan 75 Una > 75 4 < 24 in to fragipan > 75 Unaka 30 5 Zenith 45 5 Notes 1. Flooding or standing water during brief periods of high rainfall makes many areas of these soils unsuitable even though the absorption rate is favorable. Areas protected from flooding or otherwise not subject to flooding may be suitable. These are dominantly well drained and moderately well drained soils along rivers and streams.

A seasonally high water table due to position in landscape and/or soil properties make most areas of these soils unsuitable.
Depth to bedrock is generally not sufficient to accommodate a septic tank system. There are some spots of these soils with adequate depths.
Flooding and / or a seasonally high water table make these soils unsuitable sites for subsurface sewage disposal systems. Areas protected from flooding and / or artificially drained may be suitable.
Depth to bedrock is generally sufficient to accommodate a filter field system. There are some spots of these soils with inadequate depths.
Depths less than twenty-four (24) inches and equal to or greater than twenty (20) inches shall be used on extra-high intensity soil maps in support of modified mound and drip dispersal consideration only.

Appendix II SOIL ABSORPTION / PERCOLATION RATES AND CORRESPONDING ABSORPTION AREA REQUIREMENTS Absorption / Percolation Rate Absorption Area (As Trench Bottom Rates Area)

(mpi) (ft /gallon) (ft /bedroom) 10 1.2 165 15 1.4 190 30 2.0 250 45 2.5 300 60 2.9 330 75 3.2 370 80 3.3 380 85 3.4 390 90 3.5 400 95 3.6 415 100 3.7 430 105 3.8 445 NOTE: Round percolation rates to next highest increment of five (5).

NOTE: Trenches of two (2) to three (3) feet in width are preferred. For trenches greater than three (3) feet in width, increase the absorption area by the following factors:

Trench Width Factor 4 ft 1.33 6 ft 1.50 8 ft 1.60 EXAMPLES:

The soil absorption rate is 15 minutes per inch. A factory with a daily flow of 3,000 gallons is to be located on this site.

() ft 2100 Trenchft 2 gallon ft 1.4gpd 3000 =       2. The soil absorption rate is 30 minutes per inch. A 4 bedroom house is to be constructed.

() ft 333 Trenchft 3 Bedrooms 4 Bedroom ft =       NOTE: Flow rates for non-residential establishments shall be based on the memo from Kent D.

Taylor to the Division of Ground Water Protection Field Office Managers dated July 8, 1993, regarding expected sewage flow from non-residential establishments.

Appendix III Friction Loss (ft), Through 100 ft of Schedule 40 PVC Pipe Pipe Diameter (in) Pipe Diameter (in)

Flow (gpm) 1 1 1/4 1 1/2 2 3 4 6 Flow (gpm) 4 6 1 0.09 200 2.32 0.32 2 0.32 0.09 225 2.88 0.39 3 0.68 0.18 0.08 250 3.50 0.48 4 1.17 0.31 0.14 275 4.18 0.57 5 1.76 0.46 0.22 0.06 300 4.91 0.67 6 2.47 0.65 0.31 0.09 325 5.69 0.77 7 3.28 0.86 0.41 0.12 350 6.53 0.89 8 4.20 1.10 0.52 0.15 375 7.41 1.01 9 5.22 1.37 0.65 0.19 400 1.14 10 6.35 1.67 0.79 0.23 425 1.27 11 7.57 1.99 0.94 0.28 450 1.41 12 2.34 1.10 0.33 475 1.56 13 2.71 1.28 0.38 500 1.72 14 3.11 1.47 0.43 0.06 550 2.05 15 3.54 1.67 0.49 0.07 600 2.40 16 3.98 1.88 0.56 0.08 650 2.79 17 4.46 2.10 0.62 0.09 700 3.20 18 4.95 2.34 0.69 0.10 750 3.63 19 5.47 2.58 0.77 0.11 800 4.09 20 6.02 2.84 0.84 0.12 850 4.58 25 4.29 1.27 0.19 900 5.09 30 6.02 1.78 0.25 0.07 950 5.63 35 2.37 0.35 0.09 40 3.03 0.44 0.12 45 3.77 0.55 0.15 50 4.58 0.67 0.18 60 6.42 0.94 0.25 70 1.25 0.33 80 1.60 0.43 0.06 90 1.99 0.53 0.07 100 2.41 0.64 0.09 125 3.65 0 .9 0.13 150 6.11 1.36 0.19 175 6.80 1.81 0.25 NOTE: 160 psi pipe is assumed to be SDR 26.

Computed by the Hazen Williams Formula, assuming C = 140: 87.4 85.1 00113.

D LQ h f = Where: h f = Head Loss (ft)

L = Pipe Length Q = Flow (gpm)

D = Pipe Inside Diameter (in)

History

Authority: T.C.A. §§ 68-221-401 et seq. and 4-5-201 et seq.
Administrative History: Original rule filed June 20, 2013; effective September 18, 2013. Rule renumbered from 1200-01-06.

0400-49 Water Resources (Water and Wastewater Operator Certification)

Chapter 0400-49-01 Rules Governing Water and Wastewater Operator Certification (Transferred from 1200-05-03)

Tenn. Comp. R. & Regs. 0400-49-01-.01 APPLICATION FOR CERTIFICATE

(1) Application for certification by examination.

(a) A separate application for each certification shall be made on an original form approved by the Board for that purpose and available upon request from the Secretary of the Board.

(b) An application for certification must be submitted to the Secretary of the Board and include the following items:

A sworn application signed by the applicant.
Payment of a non-refundable $100 fee for each application for examination.
A copy of any verifying document in support of an application must be submitted with the application unless the applicant has previously provided such documentation to the Secretary of the Board. This includes, but is not limited to, proof of high school education or equivalent of the applicant. College transcripts, if needed to document experience credit, must be submitted directly from the college and/or university to the Secretary to the Board. Credit for enrollment in special training courses and programs will only be granted to an applicant upon verification that he/she satisfactorily completed all course or program requirements. If training credit is requested, a copy of a course attendance card, a class roster, or a certificate of completion must be submitted to the Secretary.

Verification of work experience must be provided in a written document signed by a certified operator of a similar or higher classification, familiar with the applicant’s work experience. However, if no such person is available, it may be documented by a person in authority with the system. The Board may exempt applicants from the verification of work experience requirement where there are unusual circumstances.

(c) A complete application must be received by the Secretary sixty (60) days or more in advance of the scheduled examination date for consideration. Applications received less than sixty (60) days prior to an examination date will be reviewed for the next examination. Upon written request by an applicant, the Board may choose to review, at the next Board meeting, a late exam application where extenuating circumstances contribute to the delay.

(d) Applications will be reviewed for completeness and for compliance with the requirements of Rules 0400-49-01-.07 and 0400-49-01-.09 for education and experience by staff of the Board under the supervision of the Secretary. The operating experience of an applicant will be determined through the end of the month in which the examination for the operator classification desired is given.

Applications which are not complete or which provide inadequate information to allow a reasonable judgment of experience and/or education shall either be returned to the applicant by the Secretary for amendment or the Secretary may request additional information from the applicant. Upon notification of a deficiency in an application by the Secretary, the applicant shall have ten (10) days or up to the Board meeting date, whichever date comes first, to submit the required information. If an amendment to the application is not received by the aforementioned date, the application will be denied, and the applicant must submit a new application and fees for further consideration.
The staff of the Board under the supervision of the Secretary shall make a recommendation to approve, disapprove, or refer to the Board each applicant with a complete application.
Upon consideration of the recommendation of the Secretary and after any evaluation considered desirable by the Board, the Board shall act to approve or disapprove all applicants with complete applications.
If an application for examination is denied, the applicant must submit a new application with fees for consideration for any future examination.

(2) Application for certification by reciprocity.

(a) A separate application for each certification shall be made on an original form approved by the Board for that purpose and available upon request from the Secretary of the Board.

(b) An application for certification must be submitted to the Secretary of the Board and include the following items:

A sworn application signed by the applicant.
Payment of a non-refundable $100 for each application for reciprocity.
A copy of any verifying document in support of an application must be submitted with the application unless the applicant has previously provided such documentation to the Secretary of the Board. This includes, but is not limited to, proof of high school education or equivalent of the applicant. College transcripts, if needed to document experience credit, must be submitted directly from the college and/or university to the Secretary to the Board. Credit for enrollment in special training courses and programs will only be granted to an applicant upon verification that he/she satisfactorily completed all course or program requirements. If training credit is requested, a copy of a course attendance card, a class roster, or a certificate of completion must be submitted to the Secretary.

(c) A complete application must be received by the Secretary sixty (60) days or more in advance of the scheduled Board meeting date for consideration. Applications received less than sixty (60) days prior to the Board meeting date will be reviewed at the next Board meeting. Upon written request by an applicant, the Board may choose to review a late reciprocity application where extenuating circumstances occur.

Applications which are not complete or which provide inadequate information to allow a reasonable judgment of experience and/or education shall either be returned to the applicant by the Secretary for amendment or the Secretary may request additional information from the applicant. Upon notification of a deficiency in an application by the Secretary, the applicant shall have ten (10) days or up to the Board meeting date, whichever date comes first, to submit the deficient information. If an amendment to the application is not received by the aforementioned date, the application will be denied, and the applicant must submit a new application with fees for further consideration.
Verification of certification from the reciprocating state must be received before staff of the Board can make a recommendation and before the application can be offered to the Board for review.
The staff of the Board under the supervision of the Secretary shall make a recommendation to approve, disapprove, or refer to the Board each applicant with a complete application.
Upon consideration of the recommendation of the Secretary and after any evaluation considered desirable by the Board, the Board shall act to approve or disapprove all applicants with complete applications.
If an application for reciprocity is denied, the applicant must submit a new application with fees for consideration for any future reciprocity requests.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03. Amendments filed January 18, 2017; effective April 18, 2017.

Tenn. Comp. R. & Regs. 0400-49-01-.02 EXAMINATIONS

(1) All examinations shall be taken in a manner provided by the Board; however, the Board may approve alternate examination methods if an applicant has a disability which would prevent him/her from taking the provided methods of examination. The Board may provide examinations in written or electronic formats.

(2) All examinations shall be taken by the applicant without the assistance of course text materials, student notes, computer stored materials, or other materials.

(3) The examination may contain one or more of the following type questions: matching, multiple choice, true-false, discussion, short answer, and problems.

(4) An applicant who correctly scores at least seventy percent (70%) on a written examination, and who is otherwise eligible, shall receive a certificate of competency.

(5) An applicant shall be notified in writing whether his/her examination score was satisfactory for the issuance of a certificate.

(6) An applicant who fails to achieve a satisfactory score may reapply for the next examination by submitting an abbreviated application for examination with fees, but he/she shall not be eligible to take another examination for the particular operator classification which he/she failed until five months have elapsed from the date that examination was taken.

(7) All examinations shall be administered by the Board or its authorized representatives who are empowered to maintain the integrity of all examinations.

(8) (a) An applicant shall be guilty of cheating upon a written examination who does an act including, but not limited to, the following:

violates paragraph (2) of this rule; or 2. without express authorization from examination officials, (i) removes examination materials furnished by the Board or the written examination itself, in whole or in part, from the examination room, or (ii) aids another applicant in answering examination questions during a written examination; or 3. violates the examination rules.

(b) Upon a determination by the Commissioner that an applicant is guilty of cheating upon a written examination for a particular operator classification, the applicant shall not be issued an initial certificate of competency for that classification.

(c) An applicant shall be ineligible to again apply for certification in that same operator classification for one year from the date the determination of cheating becomes final.

(9) Required training.

(a) Any person seeking to apply to sit for a Grade III or Grade IV examination who failed to achieve a satisfactory score on two previous examinations for the same operator classification for which the person is seeking to apply shall complete 30 hours of Board-sanctioned comprehensive training before the Board will consider the application.

(b) A person seeking to apply to sit for a Grade I or Grade II examination who failed to achieve a satisfactory score on two previous examinations for the same operator classification for which the person is seeking to apply shall complete 18 hours of Board-sanctioned comprehensive training before the Board will consider the application.

(c) A person seeking to apply to sit for a Small Water Systems or a Biological/Natural Systems examination who failed to achieve a satisfactory score on two previous examinations for the same operator classification for which the person is seeking to apply shall complete 18 hours of Board-sanctioned comprehensive training before the Board will consider the application.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03. Amendments filed January 18, 2017; effective April 18, 2017. Amendments filed April 12, 2021; effective July 11, 2021.

Tenn. Comp. R. & Regs. 0400-49-01-.03 FEES

(1) Fees for Certification (a) Fees for certification shall be required of each applicant and paid in advance as follows:

Application fee for each operator examination or reciprocity request applied for................................................................................................. $100 2. Missed examination fee ................................................................... $50 3. Discount annual renewal fee for each operator certificate:

(Payment prior to February 1) ........................................................... $50 4. Standard annual renewal fee for each operator certificate:

(Payment from February 1 through June 30) ........................................ $100 (b) No application fee will be returned.

(c) Upon payment of an application fee and approval by the Board, an applicant may take any one scheduled examination during the following 12 months. If an applicant chooses not to take or fails to appear for the first examination offered after receiving approval, the applicant must reapply on a form approved by the Board and submit the missed examination fee to be scheduled for a subsequent exam within the established time. The reapplication must occur 60 days in advance of the examination he/she wishes to take. If an applicant does not take the examination within 12 months of the Board's approval, he/she must reapply by submitting a new application with fees in order to be considered to take a subsequent examination.

(d) Each year a certified operator shall submit to the Board for the following year a completed certificate renewal application and a fee for the renewal of each operator certificate he/she possesses. Applications received prior to February 1 of each year shall be subject to discount renewal fees. Applications received February 1 through June 30 of each year shall be subject to standard renewal fees. Any person failing to meet the June 30 deadline may, within 90 days of the deadline, request that the Board grant a variance. The Board may grant a variance when the delay was caused by extenuating circumstances. A completed certificate renewal application or appropriate annual renewal fee for an expired certificate not received by the Board by June 30 shall preclude the recertification of the operator in his/her expired classification until he/she shall have fulfilled all the requirements for the issuance of an initial certificate in that classification, including the satisfactory completion of a written examination. When an operator classification is upgraded, the certificate he/she was upgraded from becomes void; and no additional fee payment is necessary until renewal.

(2) Reserved.

(3) Fees for Cross Connection Control Testing Application (a) Fees for Cross Connection Control Testing Application shall be required of each person and paid in advance as follows:

Application fee for a Cross Connection Control Basic Test (Department employees who assist with cross connection control training or testing are exempt)........................................................................................................... $60 2. Application fee for Cross Connection Control Renewal Test (Department employees who assist with cross connection control training or testing are exempt)........................ .................................................................................... $60 (b) Application fees are not refundable or transferable.

(c) The application for testing conducted by the Department must be received a minimum of thirty (30) days in advance of the test he/she wishes to take, however, applications from private institutions may be received the day the test materials are submitted to the Fl eming Training Center.

(d) Prior to sitting for a test, an applicant must present proof of completion of training accepted by the Department for the appropriate test. Basic training may be accepted by the Department if it has a minimum class length of 480 minutes (300 minutes minimum in classroom), including but not limited to the following topics: hydraulic and backflow principles, theory of backflow and cross connection, codes and regulations of a cross connection control program, responsibilities and actions in a cross connection control program and mechanical equipment for cross connection control. Acceptable training must also provide a minimum of one working practice station and test kit for each three students. Renewal training may be accepted by the Department if it has a minimum class length of 300 minutes (180 minutes minimum in classroom) including but not limited to the following topics: hydraulic and backflow principles, theory of backflow and cross connection, codes and regulations of a cross connection control program, responsibilities and actions in a cross connection control program and mechanical equipment for cross connection control. Acceptable training must also provide a minimum of one working station and test kit for each three students.

(e) An applicant must take the test within twelve (12) months of receipt of the training certificate.

History

Authority: T.C.A. §§ 4-5-201, et seq.; 68-203-101, et seq.; and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03. Amendments filed January 18, 2017; effective April 18, 2017. Amendments filed April 12, 2021; effective July 11, 2021.

Tenn. Comp. R. & Regs. 0400-49-01-.04 GENERAL

(1) Certification under T.C.A. §§ 68-221-901 et seq., being the “Water and Wastewater Operator Certification Act,” is available to any operator of a water treatment plant, a wastewater treatment plant, a water distribution system, or a wastewater collection system who meets the minimum qualifications of a given classification.

(2) Each person in direct charge at a water treatment plant, a wastewater treatment plant, a water distribution system, or a wastewater collection system shall hold a certificate in a grade equal to or higher than the grade of the treatment plant, distribution system, or collection system he/she operates. The grade of a facility will be established by the criteria set forth in this chapter of rules.

(3) All operating personnel making process control/system integrity decisions about water quality or quantity that affect public health must be certified. A designated certified operator must be available for each operating shift.

(4) Each water supply system and wastewater system required to have a certified operator shall, no later than the first day of August annually, inform the Board, through its designated agent, the Division of Water Resources, in writing of the name of each person who is a certified operator in direct charge of any water treatment plant, wastewater treatment plant, water distribution system or wastewater collection system it operates. A system shall notify the Division of Water Resources in writing within thirty (30) days of its loss of the services of a certified operator in direct charge.

(5) A certified operator shall be responsible for keeping the Board Secretary informed of his/her current address.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03.

Tenn. Comp. R. & Regs. 0400-49-01-.05 DEFINITIONS

(1) “Available” means that a certified operator must be on site or able to be contacted as needed to initiate the appropriate action in a timely manner, based on system size, complexity and the quality of either the source water or the receiving stream.

(2) “Board” means the board of certification as described in T.C.A. § 68-221-905.

(3) “Commissioner” and “Department” mean the Commissioner of the Tennessee Department of Environment and Conservation or his/her duly authorized representative.

(4) “Operating shift” is that period of time during which operator decisions that affect public health are necessary for proper operation of the system.

(5) “Person in direct charge” as used in these rules means the person or persons expressly designated to be in direct charge and so named in writing to the Board’s authorized representative by each water supply system and wastewater system, whose decisions and directions to system personnel control the manipulation of equipment and thereby determine the quality and quantity of the water supplied by a water treatment plant or a water distribution system, or the quality of the effluent from a wastewater treatment plant or the integrity of a wastewater collection system.

(6) “Process control/system integrity decisions” means decisions regarding the manipulation of equipment, chemicals or processes that determine the quality and quantity of the water supplied by a water treatment plant or a water distribution system, or the quality of the effluent from a wastewater treatment plant or the integrity of a wastewater collection system.

(7) “Written examination” means an examination taken in either written or electronic format.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03. Amendments filed April 12, 2021; effective July 11, 2021.

Tenn. Comp. R. & Regs. 0400-49-01-.06 CLASSIFICATION OF WATER TREATMENT PLANTS AND WATER DISTRIBUTION

SYSTEMS.

(1) Water treatment plants shall be classified by the Board or its authorized representative into one of five groups, designated either as Small Water, Grade I, II, III, or IV. These classifications shall be made according to the number of population served, the type of treatment plant, and the complexity of treatment required for a particular water.

(2) The classification of a water treatment plant or a water distribution system may be changed by the Board or its authorized representative because of changes in the conditions or the circumstances upon which the original classification was based. Notice of such a classification change shall be given to the management officers of the plant or system.

(3) Types of Water Systems:

(a) Water Treatment. A water treatment plant using filtration, iron removal, and/or limesoda softening processes or requiring chemical or bacteriological control of operation will be classified in accordance with the following point totals:

Grade IV 61 or more points Grade III 35 to 60 points Grade II 16 to 34 points Grade I 15 or less points Point totals for plant classification shall be computed in accordance with the following rating value criteria:

Rating Value Points Design Flow - For every one million gallons per day design capacity, or fraction thereof, a plant will be awarded a rating value of:..................................... 1 pt.

Water Supply Source - Based upon the type and quality of the raw water source, a plant will be awarded rating values of:

Groundwater........................................................................ 3 pts.

Ground water under the direct influence of surface water............... 5 pts.

Surface water........................................................................ 5 pts.

Average raw water quality................................................... 0-10 pts.* Treatment Process - A plant employing any of the following treatment processes will be awarded rating values of:

Aeration ............................................................................ 4 pts.

Presettling ........................................................................ 2 pts.

Flash mix .......................................................................... 2 pts.

Coagulation........................................................................ 6 pts.

Flocculation ....................................................................... 5 pts.

Settling ............................................................................ 5 pts.

Upflow Solids Contact .......................................................... 8 pts.

Lime softening .................................................................... 5 pts.

Gravity Filtration slow sand ............................................................... 2 pts. rapid ..................................................................... 6 pts.

Pressure Filtration .............................................................. 3 pts.

Recarbonation ................................................................... 3 pts.

Membrane Filtration ............................................................ 20 pts.

Activated alumina .............................................................. 10 pts.

Ion Exchange ..................................................................... 5 pts.

Chemical Treatment - A plant utilizing any of the following chemicals or chemical treatment processes will be awarded rating values of:

Fluoridation ....................................................................... 3 pts.

Disinfection Gaseous chlorine ..................................................... 5 pts.

Liquid or powdered chlorine ....................................... 3 pts.

Chlorine dioxide ...................................................... 7 pts.

Ozonization (on-site generation) ................................. 10 pts.

On-site generation of Chlorine .................................... 5 pts.

Mixed Oxidants ........................................................ 7 pts.

UV Light ................................................................. 3 pts.

Taste and Odor Control Peroxide ................................................................ 3 pts.

Potassium Permanganate ......................................... 2 pts.

Powdered activated carbon ....................................... 4 pts.

Activated carbon columns .......................................... 6 pts.

Activated carbon slurry ............................................. 8 pts.

Chemical Stabilization (polyphosphate, Soda Ash, etc.) ................................. 4 pts.

Laboratory Control by Plant Personnel - Based upon the type and the difficulty of the laboratory work performed at a plant, a plant will be awarded rating values of:

Bacteriological ............................................................... 0-10 pts.* Chemical ...................................................................... 0-10 pts.* Total Points ** * See Table 1 ** If a rating value points total would not accurately reflect special conditions at a plant and a material distortion in its rating would occur, the Board will establish the classification of the plant after a review of its special conditions.

Table 1 *Average Raw Water Quality - Points are assigned to a plant as follows:

Raw water quality varies enough to require treatment process changes less than thirty-six (36) days each calendar year ................................................ 2 pts.

Raw water quality varies enough to require treatment process changes thirty-six (36) days or more each calendar year ................................................ 5 pts.

Raw water quality varies enough to require treatment process changes due to existing industrial waste pollution sources ......................................... 10 pts. *Laboratory Control by Plant Personnel (Bacteriological) - Points are assigned in accordance with the type of laboratory control performed at the plant:

Lab work done outside of plant ....................................................... 0 pts.

Enzyme Substrate Method ............................................................. 4 pts.

Membrane filter procedure ............................................................. 5 pts.

Fermentation tubes or any dilution method ........................................ 7 pts.

Biological identification .................................................................. 10 pts. *Laboratory Control by Plant Personnel (Chemical) - Points are assigned in accordance with the type of laboratory control performed at the plant:

Lab work done outside the plant ..................................................... 0 pts.

Colorimetric methods for simple tests such as chlorine, pH ................... 3 pts.

Procedures such as titration, jar tests .............................................. 5 pts.

More advanced determinations including inorganics ............................ 7 pts.

Highly sophisticated instrumentation such as atomic absorption and gas chromatography ..................................................................... 10 pts.

(b) Grade I Distribution. This classification is for a water distribution system that serves at least fifty (50) service connections but no more than five thousand (5,000) service connections. This classification serves as a certificate to operate a small water system.

(c) Grade II Distribution. This classification is for a water distribution system that serves more than five thousand (5,000) service connections. This classification serves as a certificate to operate a small water system.

(d) Small Water Systems. This classification includes:

All community and non-transient non-community water systems which have a ground water source not under the direct influence of surface water and serve less than fifty (50) service connections, provided the system does not use any treatment other than disinfection, and those systems which purchase water for resale and serve less than fifty (50) service connections; and 2. Transient non-community water systems which have a ground water source not under the direct influence of surface water and serve less than one-hundred (100) service connections, provided the system does not use any treatment other than disinfection and/or cartridge filtration.

This classification serves as a distribution system certification for those systems meeting the definition of a small water system.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03.

Tenn. Comp. R. & Regs. 0400-49-01-.07 CLASSIFICATIONS AND QUALIFICATIONS OF WATER TREATMENT PLANT

OPERATORS AND WATER DISTRIBUTION SYSTEM OPERATORS.

(1) (a) Grade IV Water Treatment Plant Operator - Certification as an operator in this classification will be made only upon the satisfactory completion by the applicant of the requirements of either part 1. or 2. of this subparagraph.

An applicant must have a bachelor degree in engineering, chemistry or a related science from an accredited college or university, must have twelve (12) months of operating experience at a Grade III or a Grade IV Water Treatment plant, and must satisfactorily complete a written examination.
An applicant must have a high school education or equivalent, must have sixty (60) months of operating experience at a Grade III or a Grade IV Water Treatment plant, and must satisfactorily complete a written examination. Within the discretion of the Board, college course work in related science or engineering courses satisfactorily completed or Board sanctioned comprehensive training in chemistry, bacteriology, and the fundamentals of water treatment satisfactorily completed through schools for operators, correspondence courses, or other special training may be credited toward the required operating experience to a maximum equivalency of thirty-six (36) months.
To receive full time operating experience credit, a minimum of 100% of the activities must be work experience duties. The Board reserves the right to adjust calendar months of experience to a reduced number of months of experience where it is obvious that an applicant’s experience routinely includes other duties.

The Board encourages documented apprenticeship training programs and classroom training provided by the employer to better prepare an operator to make decisions in plant operation to assure public health protection.

(b) Grade III Water Treatment Plant Operator 1. An applicant must have a high school education or equivalent, must have twelve (12) months of operating experience at a Grade III water treatment plant or twelve (12) months at a Grade II and six months at a Grade III, and must satisfactorily complete a written examination. Board sanctioned comprehensive training in chemistry, bacteriology, and the fundamentals of water treatment satisfactorily completed through schools for operators, correspondence courses, or other special training programs may be credited toward the required operating experience to a maximum equivalency of three (3) months.

To receive full time operating experience credit, a minimum of 50% of the activities must be work experience duties.

(c) Grade II Water Treatment Plant Operator 1. An applicant must have a high school education or equivalent, must have twelve (12) months of operating experience at a Grade I or a Grade II Water Treatment plant, and must satisfactorily complete a written examination. Board sanctioned comprehensive training in chemistry, bacteriology, and the fundamentals of water treatment satisfactorily completed through schools for operators, correspondence courses, or other special training programs may be credited toward the required operating experience to a maximum equivalency of three (3) months.

To receive full time operating experience credit, a minimum of 33% of the activities must be work experience duties.

(d) Grade I Water Treatment Plant Operator 1. An applicant must have a high school education or equivalent, must have twelve (12) months of operating experience at a Grade I water treatment plant or a small water system, and must satisfactorily complete a written examination. Board sanctioned comprehensive training in chemistry, bacteriology, and the fundamentals of water treatment satisfactorily completed through schools for operators, correspondence courses, or other special training programs may be credited toward the required operating experience to a maximum equivalency of three (3) months.

To receive full time operating experience credit, a minimum of 33% of the activities must be work experience duties.

(e) Small Water System Operator - An applicant must have a high school education or equivalent, and must have three (3) months of experience in a water system classified as a “small water system” and must satisfactorily complete a written examination.

(f) Grades I & II Water Distribution System Operator 1. An applicant must have a high school education or equivalent, must have twelve (12) months of operating experience at a water distribution system, and must satisfactorily complete a written examination. Board sanctioned comprehensive training including installation, operation, maintenance and repair of distribution systems, satisfactorily completed through schools for operators, correspondence courses, or other special training programs may be credited toward the required operating experience to a maximum equivalency of three (3) months.

To receive full time operating experience credit, a minimum of 50% of the activities must be work experience duties.

(2) Reclassifications Resulting from Amendments of this Chapter (a) The reclassification of a water treatment plant or a water distribution system that immediately occurs as a result of amendments to this chapter shall not reduce the operator classification of a certified operator then employed at that plant or system to a lower operator classification.

(b) The reclassification of a water treatment plant or a water distribution system that immediately occurs as a result of amendments to this chapter shall raise the operator classification of a certified operator then employed at that plant or system to a higher operator classification equivalent with the new classification of the plant or system. This subparagraph shall apply only to a certified operator whose operator classification, immediately prior to reclassification of the plant or system pursuant to amendments to this chapter, is at least equivalent with the classification of the plant or system at which he/she is employed.

(c) An applicant for examination who is employed at a water treatment plant or a water distribution system that has been reclassified by the Department and certified at the appropriate level may have his/her experience at the facility applied at a rate equal to the level of the reclassified facility.

(d) An operator classification authorized under prior rules that is eliminated upon amendments to this chapter becoming effective shall be reclassified to the highest comparable operator classification authorized under these rules.

(e) An operator’s classification may be changed by the Board if the operator is employed at a water plant or distribution system that has been incorrectly classified by the Department for one year or more. The operator must hold a valid certificate equal to the incorrect plant or system classification and must have applied for and achieved the certificate based on the incorrect classification.

(3) Operating Experience Credit for Approved Study (a) For part (1)(a)2. of this rule, the Board may approve for each one (1) semester hour, or one and one half (1½) quarter hours, of academic study satisfactorily completed at an accredited college or university in related science or engineering courses as equal to one month of the operating experience required as a qualification of a certified water treatment plant operator.

(b) For parts (1)(a)2., (1)(b)1., (1)(c)1., (1)(d)1., and (1)(f)1. of this rule, each day of Board sanctioned comprehensive training, satisfactorily completed, through schools for operators, correspondence courses, or other special training programs may be equal to one month of the operating experience required as a qualification of a certified water treatment plant operator.

(4) Work Experience (a) The Board may approve the water treatment operating experience required in parts (1)(a)1., (1)(a)2., (1)(b)1., (1)(c)1., and (1)(d)1. of this rule in two or more of the following work experience duties:

Operation and/or maintenance of:

Pretreatment systems Coagulant feed systems Filtration systems Fluoride feed systems Stabilization feed systems Hypochlorination systems Gas chlorination systems Pumps and/or motors Laboratory Control Tests Interpretation and plant adjustments (b) An operator applying for a Grade IV water treatment system certification may be granted partial credit by the Board for up to sixty percent (60%) of any approved operating experience obtained in a wastewater system.

(c) The Board may approve the distribution system operating experience required in part (1)(f)1. of this rule in two or more of the following work experience duties:

Operation and/or maintenance of:

Pumps Booster stations Fire hydrants Valves Storage tanks Distribution system flushing Pipeline installation Tap installation Leak detection Leak repairs Cross connection control (5) Summary of Water Treatment Plant and Distribution System Operator Education and Experience Requirements Water Treatment Plant Operators Classification Experience Maximum Training or College Classwork Maximum Related Work Substitution Experience needed with: HS Education BS Degree Substitution Grade IV Gained at a Grade III or IV Water Plant *60 months 12 Months 36 Months 36 Months *Regardless of the substitution allowances, a minimum of 1 year of actual work experience is required Grade III Gained at a Grade III Water Plant 12 Months 3 Months Gained at a Grade II and Gained at a Grade III 12 Months 6 Months 3 Months Grade II Gained at a Grade I or II Water Plant 12 Months 3 Months Grade I Gained at a Grade I Water Plant or SWS 12 Months 3 Months Grade SWS Gained at a Small Water System (SWS) 3 Months Distribution System Operators Classification Experience Maximum Training or College Classwork Maximum Related Work Substitution Experience needed with: HS Education Substitution Grade II Gained at a Distribution I or II System 12 Months 3 Months Grade I Gained at a Distribution I or II System 12 Months 3 Months

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03.

Tenn. Comp. R. & Regs. 0400-49-01-.08 CLASSIFICATION OF WASTEWATER TREATMENT PLANTS AND WASTEWATER

COLLECTION SYSTEMS.

(1) Wastewater treatment plants shall be classified by the Board or its authorized representative into one of five groups, designated either as Biological/Natural, Grade I, II, III, or IV. These classifications shall be made in accordance with the point total scheme below which takes into account the design flow of the plant, its type of unit processes, its character, and the volume of wastewater it treats.

(2) The term “collection system” means a system for the collection and transmission of wastewater to a treatment plant.

(3) The classification of a wastewater treatment plant or a wastewater collection system may be changed by the Board or its authorized representative because of changes in the conditions or the circumstances upon which the original classification was based. Notice of such a classification change shall be given to the management officers of the plant or system.

(4) Types of Wastewater Systems:

(a) A wastewater treatment plant, except Biological/Natural, will be classified either as Grade I, II, III or IV in accordance with the following point totals:

Grade IV .................................................................................76 or more points Grade III ................................................................................... 56 to 75 points Grade II ..................................................................................... 55 points or less Grade I................... This classification is for a wastewater treatment plant with a capacity of seventy-five thousand (75,000) gallons per day or less.

This classification serves as a Collection System certification for Grade I Collection Systems with less than fifteen (15) service connections.

Biological/Natural... This classification is for wastewater systems using natural biological treatment as the predominant means for treatment. This includes stabilization ponds, intermittent sand filters, recirculating sand filters, spray-irrigation, constructed wetlands, aerated lagoons, and overland flow systems. This classification serves as a Collection System certification for Grade I Collection Systems with less than fifteen (15) service connections.

Point totals for plant classification shall be computed in accordance with the following rating value criteria:

Rating Value Points Design Flow - For every one million (1,000,000) gallons per day design capacity, fraction thereof, a plant will be awarded rating value of: ................................. 2 pts.

(30 points maximum)

Effluent Discharge - Based upon the following factors, a plant will be awarded rating values of:

Receiving stream (sensitivity) ....................................................... 0-7 pts.* Land disposal – evaporation ........................................................ 2 pts.

Subsurface disposal ................................................................... 4 pts.

Variation in Raw Wastes - Based upon the variation in the quality of the raw wastes, plant will be awarded a rating value of: .................................................... 0-6 pts.* Preliminary Treatment Units - A plant employing any of the following preliminary treatment processes will be awarded rating values of:

Manually cleaned screens ............................................................... 2 pts.

Mechanically cleaned screens .......................................................... 3 pts.

Preaeration .................................................................................. 2 pts.

Comminutor, barminutor, grinders, etc ............................................... 3 pts.

Grit removal .................................................................................. 3 pts.

Raw sewage pumping .................................................................... 3 pts.

Flow equalization basins (Aerated) ................................................... 5 pts.

Flow equalization basins (Unaerated) ................................................. 2 pts.

Fine screens ................................................................................ 3 pts.

Primary Treatment Units - A plant employing any of the following primary treatment processes will be awarded rating values of:

Pre-chlorination ............................................................................. 3 pts.

Primary Clarifiers ........................................................................... 5 pts.

Primary Clarifiers with chemical settling aid ......................................... 7 pts.

Swirl system ................................................................................. 3 pts.

Secondary Treatment Units - A plant employing any of the following secondary treatment processes will be awarded rating values of:

Secondary Clarifiers ...................................................................... 5 pts.

Flocculation with or without chemical aid ........................................... 7 pts.

Trickling Filter without recirculation ................................................... 6 pts.

Trickling Filter with recirculation ........................................................ 8 pts.

Activated Sludge+ Oxidation ditch ..................................................................... 8 pts.

Mechanical aeration .............................................................. 9 pts.

Diffused or dispersed aeration ................................................ 10 pts.

Batch Treatment (ICEAS, etc ................................................. 10 pts.

Pure oxygen ....................................................................... 15 pts. + Add ten (10) additional points for a two-stage activated sludge facility Tertiary Treatment Units/Advanced Treatment - A plant employing any of the following tertiary, or advanced, treatment processes will be awarded rating values of:

Polishing pond or Effluent flow equalization ........................................ 2 pts.

Land application of treated effluent ................................................... 5 pts.

Chemical treatment removal ........................................................... 6 pts.

Denitrification .............................................................................. 10 pts.

Sand or mixed media filters ............................................................. 8 pts.

Activated Carbon Beds .................................................................. 10 pts.

Nitrification required by permit By Activated Sludge ............................................................... 6 pts.

Nitrification by other process .................................................... 5 pts.

Disinfection - Based upon the type of disinfection process employed, a plant will be awarded rating values of:

Chlorination ................................................................................. 5 pts.

Dechlorination .............................................................................. 5 pts.

Ozonization ................................................................................. 10 pts.

Ultraviolet .................................................................................... 5 pts.

Sludge Treatment and Handling - A plant employing any of the following sludge treatment and handling facilities will be awarded rating values of:

Anaerobic digestion Unheated ............................................................................ 5 pts.

Heated ............................................................................. 10 pts.

Aerobic digestion ........................................................................... 7 pts.

Drying beds ................................................................................. 3 pts.

Sand bed with polymer added .......................................................... 5 pts.

Gravity thickener ........................................................................... 5 pts.

Dissolved air floatation thickener ....................................................... 8 pts.

Vacuum filter ................................................................................ 8 pts.

Centrifuge ................................................................................... 8 pts.

Belt Press, Plate & Frame ............................................................... 8 pts.

Solids reduction (Incinerator, wet oxidation, etc.) ................................ 15 pts.

Land application ............................................................................ 5 pts.

Chemical stabilization with lime ......................................................... 8 pts.

All other dewatering units including wedgewire and vacuum beds, both with polymers ...................................................................... 5 pts.

Composting: Invessel ................................................................... 10 pts.

Composting: Static Pile .................................................................. 5 pts.

Sludge Lagoon .............................................................................. 3 pts.

Laboratory Control by Plant Personnel - Based upon the type and difficulty of laboratory work performed at a plant, a plant will be awarded rating values of:

Bacteriological (Complexity) ....................................................... 0-10 pts.* Chemical/Physical (Complexity) ................................................... 0-10 pts.* Total Points ** * See Table 2 ** If a rating value points total would not accurately reflect special conditions at a plant and a material distortion in its rating would occur, the Board will establish the classification of the plant after a review of its special conditions.

Table 2 Effluent Discharge - Points are assigned to a plant based upon the following receiving stream sensitivity criteria ..................................................................... 0-7 pts.* The key concept is the degree of dilution provided under low flow conditions. Assigned point values are:

Secondary, or equivalent to secondary, wastewater treatment only is required .... .................................................................................................. 1 pt.

Advanced secondary treatment ........................................................ 3 pts.

Tertiary treatment .......................................................................... 5 pts.

Effluent used in a direct reuse system ................................................ 7 pts.

Variation in Raw Wastes - Points are assigned to a plant based upon the variation from slight to extreme of the following factors: ............................................... 0-6 pts.* The key concept is frequency and/or intensity of deviation or excessive variation from normal or typical fluctuations; such deviation can be in terms of strength, toxicity, shock.

Recurring deviations or excessive variations in strength and/or flow less than 100 percent ....................................................................................... 0 pts.

Recurring deviations or excessive variations in strength and/or flow from 100 to 200 percent ................................................................................. 2 pts.

Recurring deviations or excessive variations in strength and/or flow of more than 200 percent ................................................................................. 4 pts.

Raw wastes subject to toxic waste discharges ..................................... 6 pts.

Laboratory Control by Plant Personnel - Points are assigned in accordance with the type of laboratory control performed at the plant:

Bacteriological/biological (complexity) .......................................... 0-10 pts.* The key concept is to credit bacteriological/biological lab work done on-site by plant personnel. Assigned point values are:

Lab work done outside the plant ....................................... 0 pts.

Membrane filter procedures ........................................... 3 pts.

Use of fermentation tubes or any dilution method ............... 5 pts.

Biological identification ................................................. 7 pts.

Chemical/physical (complexity) .................................................... 0-10 pts.* The key concept is to credit chemical/physical lab work done on-site by plant personnel.

Lab work done outside the plant ....................................... 0 pts.

Push-button or visual methods for simple tests such as pH, settleable solids ......................................................... 3 pts.

Additional procedures such as DO, COD, BOD, gas analysis, titrations, solids, volatile content ...................................... 5 pts.

More advanced determinations such as specific nutrients, total oils, phenols, etc ............................................................... 7 pts.

Highly sophisticated instrumentation such as atomic absorption and gas chromatography ................................................... 10 pts.

These terms describe the minimum level of effluent quality attainable for treated wastewater under standard design conditions in terms of the arithmetic mean of the values for effluent samples collected in a period of thirty (30) consecutive days for the following parameters: five-day biochemical oxygen demand (BOD ); total suspended solids (TSS); and acidity/alkalinity (pH).

“Equivalent to secondary wastewater treatment” means the 30-day average for BOD does not exceed 45 mg/l and there is no ammonia limit.
“Secondary wastewater treatment” means the 30-day average for BOD does not exceed 30 mg/l and there is no ammonia limit.
“Advanced secondary wastewater treatment” means that the biochemical oxygen demand is expressed as the carbonaceous form (CBOD ) that is equal to or greater than 10 mg/l and is equal to or less than 25 mg/l; and there is an ammonia limit.
“Tertiary wastewater treatment” means that the CBOD is less than 10 mg/l and there is an ammonia limit.

(b) Grade I Collection System. This classification is for a wastewater collection system that uses collector and/or transmission lines to transport wastewater to a treatment plant and which serves no more than five thousand (5,000) service connections.

(c) Grade II Collection System. This classification is for a wastewater collection system that uses collector and/or transmission lines to transport wastewater to a treatment plant and which serves more than five thousand (5,000) service connections.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03.

Tenn. Comp. R. & Regs. 0400-49-01-.09 CLASSIFICATIONS AND QUALIFICATIONS OF WASTEWATER TREATMENT

PLANT OPERATORS AND WASTEWATER COLLECTION SYSTEM OPERATORS.

(1) (a) Grade IV Wastewater Treatment Plant Operator Certification as an operator in this classification will be made only upon the satisfactory completion by the applicant of the requirements of either parts 1. or 2. of this subparagraph.

An applicant must have a bachelor degree in engineering, chemistry or a related science from an accredited college or university, must have twelve (12) months of operating experience at a Grade III or a Grade IV Wastewater Treatment plant, and must satisfactorily complete a written examination.
An applicant must have a high school education or equivalent, must have sixty (60) months of operating experience at a Grade III or a Grade IV Wastewater Treatment plant, and must satisfactorily complete a written examination. Within the discretion of the Board, college course work in related science or engineering courses satisfactorily completed, or Board sanctioned comprehensive training in chemistry, bacteriology, and the fundamentals of wastewater treatment satisfactorily completed through schools for operators, correspondence courses, or other special training, may be credited toward the required operating experience to a maximum equivalency of thirty-six (36) months.
To receive full time operating experience credit, a minimum of 100% of the activities must be work experience duties. The Board reserves the right to adjust calendar months of experience to a reduced number of months of experience where it is obvious that an applicant’s experience routinely includes other duties.

(b) Grade III Wastewater Treatment Plant Operator 1. An applicant must have a high school education or equivalent, must have twelve (12) months of operating experience at a Grade II wastewater treatment plant or a Grade III wastewater treatment plant, and must satisfactorily complete a written examination. Board sanctioned comprehensive training in chemistry, bacteriology, and the fundamentals of wastewater treatment satisfactorily completed through schools for operators, correspondence courses, or other special training programs may be credited toward the required operating experience to a maximum equivalency of three (3) months.

To receive full time operating experience credit, a minimum of 50% of the activities must be work experience duties.

(c) Grade II Wastewater Treatment Plant Operator 1. An applicant must have a high school education or equivalent, must have twelve (12) months of operating experience at a Grade I wastewater treatment plant or a Grade II wastewater treatment plant, and must satisfactorily complete a written examination. Board sanctioned comprehensive training in chemistry, bacteriology, and the fundamentals of wastewater treatment satisfactorily completed through schools for operators, correspondence courses, or other special training programs may be credited toward the required operating experience to a maximum equivalency of three (3) months.

To receive full time operating experience credit, a minimum of 33% of the activities must be work experience duties.

(d) Grade I Wastewater Treatment Plant Operator 1. An applicant must have a high school education or equivalent, must have twelve (12) months of operating experience in a Grade I wastewater treatment plant or twelve (12) months operating experience at a biological/natural system and six (6) months at a Grade I wastewater treatment plant, and must satisfactorily complete a written examination. Board sanctioned comprehensive training in chemistry, bacteriology, and the fundamentals of wastewater treatment satisfactorily completed through schools for operators, correspondence courses, or other special training programs may be credited toward the required operating experience to a maximum equivalency of three (3) months.

To receive full time operating experience credit, a minimum of 33% of the activities must be work experience duties.

(e) Biological/Natural System Operator 1. An applicant must have a high school education or equivalent, must have twelve (12) months of operating experience in a wastewater system classified as a biological/natural system, and must satisfactorily complete a written examination.

Board sanctioned comprehensive training in chemistry, bacteriology, and the fundamentals of wastewater treatment satisfactorily completed through schools for operators, correspondence courses, or other special training programs may be credited toward the required operating experience to a maximum equivalency of three (3) months.

To receive full time operating experience credit, a minimum of 33% of the activities must be work experience duties.

(f) Grades I & II Wastewater Collection System Operator 1. An applicant must have a high school education or equivalent, must have twelve (12) months of operating experience at a wastewater collection system, and must satisfactorily complete a written examination. Board sanctioned comprehensive training including installation, operation, maintenance and repair of collection systems, satisfactorily completed through schools for operators, correspondence courses, or other special training programs may be credited toward the required operating experience to a maximum equivalency of three (3) months.

To receive full time operating experience credit, a minimum of 50% of the activities must be work experience duties.

(2) Reclassifications Resulting from Amendments to this Chapter (a) The reclassification of a wastewater treatment plant or a wastewater collection system that immediately occurs as a result of amendments to this chapter shall not reduce the operator classification of a certified operator then employed at that plant or system to a lower operator classification.

(b) The reclassification of a wastewater treatment plant or a wastewater collection system that immediately occurs as a result of amendments to this chapter shall raise the operator classification of a certified operator then employed at that plant or system to a higher operator classification equivalent with the new classification of the plant or system. This subparagraph shall apply only to a certified operator whose operator classification, immediately prior to reclassification of the plant or system pursuant to amendments to this chapter, is at least equivalent with the classification of the plant or system at which he/she is employed.

(c) An applicant for examination who is employed at a wastewater treatment plant or a wastewater collection system that has been reclassified by the Department, and certified at the appropriate level, may have his/her experience at the facility applied at a rate equal to the level of the reclassified facility.

(e) An operator’s classification may be changed by the Board if the operator is employed at a wastewater plant or collection system that has been incorrectly classified by the Department for one (1) year or more. The operator must hold a valid certificate equal to the incorrect plant or system classification and the operator must have applied for and achieved the certificate based on the incorrect classification.

(3) Operating Experience Credit for Approved Study (a) For part (1)(a)2. of this rule, the Board may approve each one (1) semester hour, or one and one half (1½) quarter hour, of academic study satisfactorily completed at an accredited college or university in related science or engineering courses as equal to one month of the operating experience required as a qualification of a certified wastewater treatment plant operator.

(b) For parts (1)(a)2., (1)(b)1., (1)(c)1., (1)(d)1., (1)(e)1., and (1)(f)1. of this rule, each day of Board sanctioned comprehensive training, satisfactorily completed, through schools for operators, correspondence courses, or other special training programs may be equal to one month of the operating experience required as a qualification of a certified wastewater treatment plant operator.

(4) Work Experience (a) The Board may approve the wastewater treatment operating experience required in parts (1)(a)1., (1)(a)2., (1)(a)3., (1)(b)1., (1)(c)1., (1)(d)1., and (1)(e)1. of this rule in two (2) or more of the following work experience duties:

Control of:

Solids pumping from clarifiers Scum removal in clarifiers Return and waste sludge rates Aeration rates Recirculation rates to trickling filter or rotating biological contactor (RBC)

Operation of:

Disinfection system feed rates Digesters and/or solids conditioning processes Performance of:

Calculations and plant control Interpretation of laboratory test results Interpretation of process control data Cleaning and maintenance of preliminary treatment Adjustment of wastewater levels or flow through a lagoon system (b) An operator applying for a Grade IV wastewater system certification may be granted partial credit by the Board for up to forty percent (40%) of any approved operating experience obtained in a water supply system.

(c) The Board may approve the collection system operating experience required in part (1)(f)1. of this rule in two or more of the following work experience duties:

Operation and/or maintenance of:

Pumps Lift stations Valves Lines and equipment Pipeline installation Service connection installation Leak detection TV crew activities Line repairs Line cleaning Manhole maintenance Pretreatment (5) Summary of Wastewater Treatment Plant and Collection System Operator Education and Experience Wastewater Treatment Plant Operators Classification Experience Maximum Training or College Classwork Maximum Related Work Substitution Experience needed with: HS Education BS Degree Substitution Grade IV Gained at a Grade III or IV Wastewater Plant *60 months 12 Months 36 Months 24 Months *Regardless of the substitution allowances, a minimum of 1 year of actual work experience is required Grade III Gained at a Grade II or III Wastewater Plant 12 Months 3 Months Grade II Gained at a Grade I or II Wastewater Plant 12 Months 3 Months Grade I Gained at a Grade I Wastewater Plant 12 Months 3 Months Gained at Biological/Natural and Grade I Wastewater Plant 12 Months 6 Months Grade BNS Gained at a BNS Wastewater Plant 12 Months 3 Months COLLECTION SYSTEM OPERATORS Classification Experience Maximum Training or College Classwork Maximum Related Work Substitution Experience needed with: HS Education Substitution Grade II Gained at a Collection I or II System 12 Months 3 Months Grade I Gained at a Collection I or II System 12 Months 3 Months

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03.

Tenn. Comp. R. & Regs. 0400-49-01-.10 CONTINUING EDUCATION

(1) Completion of Continuing Education Requirements. At least once during every continuing education period each certified operator shall satisfactorily complete the required number of continuing education hours approved by the Board for the particular type of certificate he/she holds.

(2) Continuing Education Period. The continuing education period is three calendar years and shall begin either with the date the certified operator obtained his/her certificate or the date the certified operator last satisfactorily completed the required number of continuing education hours and shall end at the conclusion of the annual continuing education term three calendar years thereafter. An annual continuing education term shall begin each year on October 1 and shall end on September 30 of the following year.

(3) Failure to Complete Continuing Education Requirements. The failure of an operator to satisfactorily complete the required number of continuing education hours approved by the Board Secretary during his/her continuing education period shall be grounds for the denial of his/her application for the renewal of his/her certificate. An operator that fails to satisfactorily complete the required number of continuing education hours during his/her continuing education period due to extenuating circumstances may make a written request to the Board for an extension of time to do so. All requests by an operator for an extension of time to meet the continuing education requirement must be made in writing to the Board either within two months of the elapsed continuing education period or by the date of return of the operator to active employment, whichever is later. All such requests must be accompanied by complete supporting documentation of the circumstances causing the failure to meet the continuing education requirement.

(4) Notification of Satisfactory Completion. An operator shall notify the Board Secretary upon his/her satisfactory completion of the continuing education requirement by furnishing appropriate documentation of course completion. Notification by the operator is not necessary in those cases where an agency notifies the Board Secretary of such activity.

(5) A certified operator shall only receive credit for a continuing education course that is completed in its entirety. A certified operator attending the same continuing education course more than once in two consecutive continuing education periods shall only receive credit for the operator’s first attendance.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03. Amendments filed April 12, 2021; effective July 11, 2021.

Tenn. Comp. R. & Regs. 0400-49-01-.11 SUMMARY SUSPENSION AND REVOCATION OF CERTIFICATE

(1) An operator’s certificate may be revoked when:

(a) In accordance with paragraph (2) of this rule, an operator has not used reasonable care, judgment, or the application of his/her knowledge in the performance of his/her duties as a certified operator, or (b) In accordance with paragraph (3) of this rule, an operator is incompetent to perform those duties properly; or (c) In accordance with paragraph (4) of this rule, an operator has practiced fraud or deception.

(2) An operator shall be deemed to have not used reasonable care, judgment, or the application of his/her knowledge in the performance of his/her duties if he/she does not comply with the laws, rules, permit requirements, or orders of any governmental agency or court which govern the water supply system or the wastewater system he/she operates. Such acts of noncompliance include but are not limited to the following:

(a) The intentional or the negligent failure by the operator or persons under his/her supervision to act that results in a water supply system facility or a wastewater system facility not operating in the manner in which it is capable of being operated for the performance of its designed function.

(b) The intentional or the negligent failure by the operator or persons under his/her supervision to comply with the monitoring, sampling, analysis, or reporting requirements for a water supply system facility or a wastewater system facility.

(c) The intentional or the negligent unlawful discharge of wastes from a water supply system facility or a wastewater system facility.

(d) The intentional or the negligent failure by the operator or persons under his/her supervision to notify the Department of conditions: which may affect the quantity or quality of water being supplied to the customers of a water supply system; which cause the pollution of the waters of the State of Tennessee; or, which are violative of a standard of water quality promulgated by any governmental agency.

(3) An operator shall be deemed to be incompetent to perform his/her duties properly when he/she does not possess the basic skills and knowledge necessary to operate a water supply system facility or a wastewater system facility including laboratory functions or if he/she fails to have a system of verification and oversight of employees under his/her charge.

Incompetency shall be determined by examining the technical skills of the operator in operating the type of facility of which he/she is in direct charge.

(4) An operator shall be deemed to have practiced fraud or deception as follows:

(a) Obtained his/her certificate through fraud, deceit, or the submission of inaccurate data regarding his/her qualifications upon his/her application for a certificate.;

(b) Has practiced fraud or deception during the performance of his/her duties as a certified operator; or (c) Has prepared and/or signed reports of laboratory analysis results for the system that:

Contain inaccurate data and are known or should be known by the operator to be false; or, 2. Contain inaccurate data because the operator has not used reasonable care, judgment, or the application of his/her knowledge either in the performance of the laboratory analysis or in the preparation of the laboratory analytical reports.

(5) Revocation (a) The Commissioner may initiate the process to revoke a certificate when he/she believes an operator has engaged in any of the activities set forth in paragraph (1) of this rule.

(b) The Commissioner shall give notice by mail to the affected operator of facts or conduct that warrants revocation of the certificate and give the affected operator an opportunity to show compliance with these rules by conducting an informal hearing as provided in T.C.A. § 4-5-320(c).

(c) After the T.C.A. § 4-5-320(c) informal hearing, if the Commissioner determines that the affected operator has failed to demonstrate compliance, the Commissioner shall issue a notice of hearing for revocation and include a recommendation to the Board to revoke and reinstate or not to reinstate the certificate. Any recommendation of reinstatement of the certificate shall include terms for such reinstatement.

(d) The notice of hearing for revocation shall contain the information required by part 1. of this subparagraph and be served in accordance with part 2. of this subparagraph.

The notice shall include:

(i) A statement of the time, place, nature of the hearing, and the right to be represented by counsel;

(ii) A statement of the legal authority and jurisdiction under which the hearing is to be held, including a reference to the particular sections of the statute and rules involved; and (iii) A short and plain statement of the facts or conduct that warrant a revocation. (If the Commissioner is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon timely, written application a more definite and detailed statement shall be furnished ten (10) days prior to the time set for the hearing.)

A copy of the notice of hearing shall be:

(i) Served upon the operator no later than thirty (30) days prior to the hearing date; and (ii) Served by personal service, return receipt mail or equivalent carrier with a return receipt, A person making personal service on the operator affected shall return a statement indicating the time and place of service, and a return receipt must be signed by the operator affected. However, if the affected operator evades or attempts to evade service, service may be made by leaving the notice or a copy of the notice at the affected operator’s dwelling house or usual place of abode with some person of suitable age and discretion residing therein, whose name shall appear on the proof of service or return receipt card. Service may also be made by delivering the notice or copy to an agent authorized by appointment or by law to receive service on behalf of the affected operator, or by any other method allowed by law in judicial proceedings.

(6) Summary Suspension and Revocation (a) The Commissioner may initiate the process of summary suspension and revocation of the certificate when the Commissioner believes that an emergency action is needed to protect the public health, safety or welfare.

(b) The Commissioner shall give a notice to the affected operator by any reasonable means and shall inform the affected operator of the intended action, the acts or conduct that warrants summary suspension and revocation of the certificate and hold an informal hearing, as provided in T.C.A. § 4-5-320(d), to give the operator an opportunity to address the issue of whether there is an emergency.

(c) The Commissioner shall appoint a hearing officer to conduct this T.C.A. § 4-5-320(d) hearing and the hearing shall be recorded and transcribed.

(d) After the informal hearing as provided in T.C.A. § 4-5-320(d), if the Commissioner determines that an emergency action is warranted, the Commissioner shall issue an Order of Summary Suspension and a notice of hearing for revocation and include a recommendation to the Board to reinstate or not to reinstate the certificate. Any recommendation of reinstatement of the certificate shall include terms for such reinstatement.

(e) The Order of Summary Suspension and the notice for revocation shall contain the information required by part (5)(d)1. of this rule and be served in accordance with part (5)(d)2. of this rule.

(f) When the Commissioner has issued an Order of Summary Suspension and Notice of Revocation, the Board shall conduct its revocation hearing and render a decision within ninety (90) days of the operator’s summary suspension. In the event the Board does not render its decision within ninety (90) days of the operator’s summary suspension, the Order of Summary Suspension shall expire and no longer be in force or effect.

However, the Commissioner may reissue an Order of Summary Suspension in accordance with this paragraph, for a period not to exceed ninety (90) days.

(7) The revocation hearing before the Board shall be held in accordance with T.C.A. §§ 4-5-301 et seq. and Rule Chapter 1360-04-01 Uniform Rules of Procedure for Hearing Contested Cases Before State Administrative Agencies.

(8) The Board may revoke the certificate of an operator when it is found that the operator has practiced fraud or deception; that reasonable care, judgment or the application of such operator’s knowledge was not used in performance of such operator’s duties; or that the operator is incompetent to properly perform such operator’s duties. If the certificate is revoked and is to be reinstated, the Board shall determine the timing, terms and conditions for reinstatement.

(9) An operator who receives an order of the Board for the revocation of his/her certificate may appeal the order to the Chancery Court of Davidson County within sixty (60) days.

(10) An operator whose certificate is revoked for failure to use reasonable care, judgment or the application of operator knowledge in performing the operator’s duties or for incompetency shall be ineligible to again apply for certification as an operator for a minimum of one (1) year.

An operator whose certificate is revoked for practicing fraud or deception, willfully violating regulations or permit conditions, or falsifying records and reports shall be ineligible to again apply for certification as an operator for a minimum of five years. When an operator whose certificate has been revoked has applied for a certificate after the minimum time has passed, the Board shall determine whether the operator has taken appropriate action to address the circumstances that were the cause of the revocation. The Board may request records and review his/her experience, education, training and past performance. The Board may request the former operator’s presence at a meeting of the Board and interview him/her to assess the potential of future violations. After the reviews, the Board shall decide to accept or refuse the application.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03.

Tenn. Comp. R. & Regs. 0400-49-01-.12 CIVIL PENALTIES

(1) The Commissioner may assess the civil penalty authorized by law against a municipality, utility district, corporation, or any person operating a water supply system or a wastewater system if the competency of the person in direct charge of a system facility has not first been certified in accordance with these rules.

(2) A certified operator may be assessed the civil penalty authorized by law for the same acts and omissions that would constitute grounds for the revocation of his/her certificate by the Board.

(3) Prior to issuing an order that assess a civil penalty, in accordance with paragraphs (1) and (2) of this rule the Commissioner may hold a show cause meeting with the person or entity to whom the order is proposed to be issued.

History

Authority: T.C.A. §§ 4-5-201, et seq. and 68-221-901, et seq.
Administrative History: Original rule filed May 21, 2014; effective August 19, 2014. Rule renumbered from 1200-05-03.

Chapter 0400-51-01 Oil and Gas Program (Terms) (Transferred from 1040-01-01)

Tenn. Comp. R. & Regs. 0400-51-01-.01 DEFINITIONS OF TERMS

For the purpose of rules contained in Divisions 0400-51 through 0400-58 the terms set out herein shall have the meaning indicated.

(1) “Abandoned well” shall mean either of the following:

(a) A well that was not adequately plugged or closed at conclusion of operations such that it constitutes or may constitute a threat to public health or the environment; or (b) A well that has no owner, operator or other responsible person (hereinafter called “responsible party”) who can be located, or such responsible party has failed or refused to undertake actions, where required by law, to abate the threat.

(2) “Access Road” shall mean any road built and used exclusively by the operator (except public roads) which provides access to and/or ends at a wellhead, tank, pit or other facility related to oil and gas exploration and/or production.

(3) “Active Work Area” as it pertains to a well site, shall mean that portion of the initially disturbed area necessary for production-related equipment, materials, and facilities, as determined by the supervisor.

(4) “Aquifer shall mean a geologic formation or portion thereof which contains and is capable of yielding a sufficient quantity of groundwater to serve as a domestic or public water supply or other use.

(5) “Automatic Custody Transfer” shall mean that the liquid hydrocarbons is automatically measured as it is transferred from the producer to the carrier.

(6) “Barrel (or, Barrel of Oil or Condensate)” shall mean the amount of 42 standard United States liquid measure gallons of 231 cubic inches per gallon, computed at a temperature of 60 degrees Fahrenheit.

(7) “Base Fluid” shall mean the continuous phase fluid type, such as water or nitrogen gas, used in a hydraulic fracturing treatment.

(8) “Blooey Line” shall mean the discharge pipe from a well drilled by air drilling. The blooey line is used to conduct the air or gas used for circulation away from the rig to reduce the fire hazard as well as to transport the cuttings a suitable distance from the well.

(9) “Blow-Out” shall mean an uncontrolled escape of oil, gas and/or water from the well.

(Rule 0400-51-01-.01, continued June, 2013 2 (10) “Blow-Out Preventer” shall mean a properly selected casinghead control fitted with special gates or discs which may be closed around the drill pipe, or which completely closes the top of the casing if the pipe or tools are withdrawn.

(11) “Board” shall mean the State Board of Water Quality, Oil and Gas as authorized and created by Title 69, Chapter 3, Tennessee Code Annotated.

(12) “Bonding Agent” shall mean any entity that issues a bond for an operator to submit to the state to assure the plugging of a well or reclamation of a well site.

(13) “Bottomhole Pressure” shall mean the pressure in pounds per square inch of an oil and/or gas well determined at the face of the producing horizon by means of a pressure-recording instrument, adopted and recognized by the oil and gas industry.

(14) “Brush and Rock Plug” shall mean an obstruction, made of wood and stone, and placed in the well bore to form an effective base for plugging material.

(15) “Casing Pressure” shall mean the pressure built up between the casing and the tubing when the casing and tubing are packed off at the top of the well.

(16) “Casinghead Gas” shall mean any gas or vapor, or both, indigenous to an oil stratum and produced from such stratum with oil. It shall be treated as gas, if sold, for the purpose of paying privilege tax.

(17) “Chemical(s)” shall mean any element, chemical compound, or mixture of elements and compounds that has its own specific name or identity such as a chemical abstract service number.

(18) “Chemical Abstracts Service” shall mean the division of the American Chemical Society that is the globally recognized authority for information on chemical substances.

(19) “Chemical Abstracts Service Number or CAS Number” shall mean the unique identification number assigned to a chemical by the Chemical Abstracts Service.

(20) “Chemical Disclosure Registry” shall mean the chemical registry website known as fracfocus.org developed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. If such website becomes permanently inoperable, then chemical disclosure registry shall mean another publicly accessible information website that is designated by the Supervisor.

(21) “Chemical Family” shall mean a group of chemicals that share similar chemical properties and have a common general name.

(22) “Christmas Tree” shall mean an assembly of valves and fittings at the head of the casing of a well to control the flow. Also spoken of as "wellhead connections".

(23) “Circulation” shall mean the passing of approved fluid down through the drill stem and up to the surface, in the process of rotary drilling or in setting casing.

(24) “Common Source of Supply” shall comprise and include the area, which is underlain or that, from geological or other scientific data or from drilling operations or other evidence, appears to be underlain by a common accumulation of oil or gas or both; provided, that if any such area is underlain or appears from geologic or other scientific data or from drilling operations or other evidence to be underlain by more than one common accumulation of oil or gas, or both, separated from each other by strata of earth and not connected with each other, then (Rule 0400-51-01-.01, continued June, 2013 3 such area, as to each said common accumulation of oil or gas, or both, shall be deemed a separate common source of supply.

(25) “Condensate” shall mean liquid hydrocarbons that were in the gaseous phase in the reservoir at initial reservoir condition. It shall be treated as oil for the purpose of paying privilege tax.

(26) “Conductor Pipe” or “Conductor Casing” shall mean the short string of casing that is not cemented in place and serves primarily to keep the top of the well bore open in unconsolidated material.

(27) “Conservation” shall mean conserving, preserving, guarding, or protecting the oil and gas resources of the State by obtaining the maximum efficiency with minimum waste in the production, transportation, processing, refining, treating, and marketing of the un-renewable oil and gas resources of the State.

(28) “Correlative Rights” shall mean that action or regulation by the Board, which affords a reasonable opportunity to each person entitled thereto to recover or receive the oil and/or gas under his tract or tracts without being required to drill unnecessary wells or incur other unnecessary expense to recover or receive such oil or gas or its equivalent.

(29) “Cubic Foot of Gas” shall mean the volume of gas contained in one cubic foot of space at a standard pressure base of 14.73 psi and a temperature base of 60 degrees Fahrenheit.

(30) “Department” shall mean the Tennessee Department of Environment and Conservation.

(31) “Developed Area” shall mean acreage assigned by the Board to a drilling or production unit on which a well has been completed that is capable of producing oil or gas.

(32) “Directional Drilling” shall mean the drilling of a well that deviated from the vertical by more than 5 degrees.

(33) “Disposal Well” shall mean a well drilled or converted for subsurface disposal of waste products or brine, and its related surface facilities.

(34) “Drilling Mud” shall mean any approved mixture of water and clay or other material as the term is commonly used in the industry.

(35) “Dry Hole or Dry Well” shall mean a well found incapable of producing either oil or gas in sufficient quantities to justify completion or continued production.

(36) “Equitable Share of the Production” shall mean, as to each person, that part of the authorized production from the pool that is substantial in the proportion that the amount of recoverable oil and gas, or both, in the developed area of his tracts in the pool bears to the recoverable oil or gas, or both, in the total of the developed area in the pool.

(37) “Exploitation Well” shall mean a well drilled or to be drilled to one or more pools of oil and/or gas with reasonable assurance of obtaining commercial production.

(38) “Exploration Well” shall mean a well drilled in unproven or semi proven territory for the

purpose of ascertaining the presence of commercial oil and/or gas accumulations.

(39) “Field” shall mean the general area which is underlain or appears to be underlain by at least one pool and including the pool or pools beneath the area.

(40) “Flow Lines” shall mean the pipes that carry the fluids or gas from a wellhead to storage or processing equipment located at or near the well site.

(Rule 0400-51-01-.01, continued June, 2013 4 (41) “Forced-change of operator” shall mean any oil or gas well being taken over by a new operator without the signatures from the original permittee or previous operator of record.

(42) “Fracturing” or “to fracture” shall mean the process of pumping fluids, gas or other substances with or without a proppant down a well under pressure expressly designed to initiate and propagate fractures or fracture networks in the target producing formation to facilitate oil or gas extraction.

(43) “Gas” shall mean all natural gas and all other fluid hydrocarbons not defined as oil, including condensate because it originally was in a gaseous phase in the reservoir, but excluding helium and other rare gases.

(44) “Gas/Oil Ratio (GOR)” shall mean the portion of a well bore drilled laterally into a common source of supply for production or injection purposes.

(45) “Gathering Line” means a pipeline that transports gas or oil from a well or current production facility to a transmission line, main meter, compressor station, or tank battery.

(46) “Health Professional” shall mean a physician, physician assistant, nurse practitioner, registered nurse, or emergency medical technician licensed by the State of Tennessee.

(47) “Horizontal Drainhole” shall mean the portion of a well bore drilled laterally into a common source of supply for production or injection purposes.

(48) “Horizontal Drainhole End Point” shall mean the terminus of a horizontal drainhole.

(49) “Horizontal (Lateral) Drilling” shall mean controlled directional drilling of wells with lateral penetration through productive reservoirs.

(50) “Hydraulic Fracturing Additive” shall mean any chemical substance or combination of substances, including any chemicals and proppants, which is intentionally added to a base fluid for puposes of preparing a hydraulic fracturing fluid for treatment of a well.

(51) “Hydraulic Fracturing Fluid” shall mean the fluid, including the applicable base fluid and all hydraulic fracturing additives, used to perform a hydraulic fracturing treatment.

(52) “Illegal Gas” shall mean gas that has been produced, transported, or sold in violation of any

rule, regulation, or order of the Board.

(53) “Illegal Oil” shall mean oil that has been produced, transported, or sold in violation of any rule,

regulation, or order of the Board.

(54) “Illegal Product” shall mean any product derived in whole or in part from illegal oil or illegal gas.

(55) “Interested Party” shall mean any person who owns an interest within the area of, or proximate to, the tracts directly affected by the permit application.

(56) “Intermediate Casing” shall mean the string of casing set with cement after the surface casing and before the production casing that is used in the well bore to isolate, stabilize, or provide well control.

(57) “Lease Tank” shall mean the tank or other receptacle into which the oil is produced either directly from a well or from a well through gas separator, gun barrel, or similar equipment.

(Rule 0400-51-01-.01, continued June, 2013 5 (58) “Market Demand” shall mean the amount of oil reasonably needed for current consumption, use, storage, or working stocks, within and without the State, or the amount of gas of any type reasonably needed for current consumption, use, or storage, within and without the State.

(59) “Mechanical Plug” shall mean a manufactured device to seal the well bore or inside diameter of casing.

(60) “Multiple Completion” shall mean the completion of any well so as to permit simultaneous production from two or more common sources of supply with such common sources of supply completely segregated.

(61) “Neet Cement” shall mean a complex, finely ground, kiln-fired calcium carbonate silicate which, when mixed with water, forms a slurry that will harden in the well bore and casing and effectively seal formations penetrated by the well bore.

(62) “Nomination” shall mean the amount of oil or gas for which a purchaser has a definite and bona fide need during a given period.

(63) “Non-producing well” shall mean any well shown on the Annual Well Report (Form CN-1272) that indicates production of 12 barrels or less of oil per year or 25 mcf or less of gas per month.

(64) “Oil” shall mean crude petroleum that was originally in an oil phase in the reservoir.

(65) “Operator” shall mean the person to whom the drilling permit has been issued, whether owner or not, supervising or responsible for drilling, operating, repairing, abandoning or plugging of wells subject to this act.

(66) “Organization Report” shall mean the form (CN-0219) required by Rule 0400-52-02-.01 to be submitted with a permit application that names the responsible parties for the well.

(67) “Owner” shall mean the person who has the right to drill into and to produce from any pool, and to appropriate the production for himself or others.

(68) “Person” shall mean any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, and includes any government or political subdivision or any agency thereof.

(69) “Pool” shall mean an underground reservoir containing a common accumulation of crude petroleum oil or natural gas or both. Each zone of the general structure which is completely separated from any other zone in the structure is covered by the term "pool" as used therein.

(70) “Pooled Unit” shall mean two or more tracts of land, of which their ownership may be different, that are consolidated and operated as a single tract for production of oil and/or gas, either by voluntary agreement between the owners thereof, or by exercising of the authority of the Board under the statute. When such tracts are consolidated by Board authority, the size of the consolidation tract shall not exceed the size, with permitted tolerance, of a "Drilling Unit" as herein defined. In no such case is there any actual change in the title or ownership of the original tracts.

(71) “Pollution” shall mean damage or injury from the loss, escape or unapproved disposal of any substance at any well or structure installation subject to these rules.

(72) “Pollution Control Structures” shall mean structures designed to prevent pollution, including but not limited to, berms, dikes, diversion drainage ditches, hay bales, pits, or tanks.

(Rule 0400-51-01-.01, continued June, 2013 6 (73) “Producer” shall mean the owner or operator of a well or wells capable of producing oil or gas, or both, in paying quantities.

(74) “Producing Formation” shall mean a formation from which oil or gas is being or has been produced. In the context of plugging operations, producing formation shall mean a formation from which oil or gas has been produced in the general vicinity of a well to be plugged.

(75) “Producing Well” shall mean any well that produces quantities greater than 12 barrels of oil per year or 25 mcf of gas per month.

(76) “Product” shall mean any commodity made from oil or gas.

(77) “Production Casing” shall mean the string of casing that is run for the purpose of confining or producing hydrocarbons and associated fluids from one or more producing formations.

(78) “Production Unit or Proration Unit” shall mean a drilling unit on which a well producing oil and/or gas has been completed, and which is recognized as such for the purpose of production by the Board.

(79) “Property Line” as used herein shall mean the boundary dividing tracts on which mineral rights, royalty, or leases are separately owned except that where conventional units shall have been created for the drilling of the well, the boundaries of the unit shall be considered the "property line".

(80) “Proppant” shall mean sand or any natural or man-made material that is used in a fracturing treatment to prop open the artificially created or enhanced fractures.

(81) “Purchaser” shall mean any person who directly or indirectly purchases, transports, takes, or otherwise removes production to his account from a well, lease, or common source of supply.

(82) “Reclamation” shall mean the regrading of all surface disturbed areas associated with oil and gas operations except water areas, replacement of the topsoil or substitution with suitable topsoil material, application of suitable mulch and soil nutrients where necessary, and the establishment of a vegetative cover that is in accordance with acceptable standards as set forth in the rules and regulations of the Board.

(83) “Represented Party” shall mean any person who is known to the applicant, after diligent search, to own an interest within the area of, or proximate to, the tracts directly affected by the application and who is also known to have either a consultant or attorney representing him in conservation matters.

(84) “Salt Water” shall mean water, commonly referred to as oil field brine, which is produced in association with oil and/or gas and which is generally considered unsuitable for human consumption or for irrigation because of its high content of dissolved solids.

(85) “Separator” shall mean an apparatus for separating oil, gas, water, etc., with relative efficiency, as it is produced.

(86) “Shut-In Pressure” shall mean the pressure noted at the wellhead when the well is completely shut-in. Not to be confused with bottomhole pressure.

(87) “Stripper Well” shall have the ordinary meaning as that term is generally understood in the oil and gas industry (well capable of producing 10 barrels or less per day).

(Rule 0400-51-01-.01, continued June, 2013 7 (88) “Substitute Unit Well” shall mean any well already drilled to, or to be drilled to, completed or recompleted in the unitized reservoir which in the interest of good conservation practices should be designed to take the place of and become the unit well as determined by special order.

(89) “Supervisor” shall mean the State Oil and Gas Supervisor as designated by the Commissioner of Environment and Conservation.

(90) “Surface Casing” shall mean the string of casing set with cement to prevent contamination of groundwater from drilling fluids and water or hydrocarbons from producing formations.

(91) “Total Water Volume” shall mean the total quantity of water from all sources used in a hydraulic fracturing treatment, including surface water, ground water, produced water or recycled water.

(92) “Trade Secret” shall have the meaning set forth in T.C.A. § 47-25-1702(4) of the Tennessee Uniform Trade Secrets Act.

(93) “Transmission Line” means a pipeline, other than a gathering line, that transports gas from a gathering line or storage facility to a gas distribution center or storage facility.

(94) “Transporter” shall mean every person engaged in the transportation of oil or gas from tanks or other receptacles located at the place of production in this State.

(95) “Tubingless Completion” shall mean the completion of any well so as to permit the passage of production from one separate underground source through one production casing set in the well.

(96) “Waste” in addition to its ordinary meaning, shall mean "physical waste" as that term is generally understood in the oil and gas industry. It shall include: (1) underground waste and inefficient, excessive, or improper use or dissipation of reservoir energy, including gas energy and water drive, of any pool; and the locating, spacing, drilling, equipping, operating, or producing of any oil well or gas well in a manner which results, or tends to result, in reducing the quantity of oil or gas ultimately recoverable from any pool; and (2) surface waste and the inefficient storing of oil and the locating, spacing, drilling, equipping, operating, or producing of oil wells or gas wells in a manner causing or tending to cause unnecessary or excessive surface loss or destruction of oil or gas.

(97) “Well Cuttings” shall mean rock samples obtained from rotary or cable tool drilling operations.

The Supervisor at his discretion, may determine the required frequency for collecting well cuttings.

(98) “Well Integrity” shall mean the containment of subsurface zones or formations containing hydrocarbons produced into a well, and the containment of that production within the well all the way to the surface.

(99) “Well Site Equipment” means the equipment, including but not limited to an associated tank battery, production and hydrocarbon equipment at an oil and gas lease or location.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

0400-52 Oil and Gas Program (Drilling, Re-Entering, Plugging and Abandoning Exploratory Oil and Gas Wells)(Transferred from 1040-02)

Chapter 0400-52-01 Bond (Transferred from 1040-02-01)

Tenn. Comp. R. & Regs. 0400-52-01-.01 AMOUNT OF PLUGGING BOND

(1) A Plugging Bond is required to be in force for a well from the time a drilling or re-entry well permit is granted until the well is plugged and abandoned. The bond shall be for the sum of $2000 for wells from 0 to 2500 feet in depth; $3000 for wells that are deeper than 2500 feet, but less than or equal to 5000 feet in depth; for all wells deeper than 5000 feet the bond shall increase $3000 at the rate of $1.00 for every foot deeper than 5000 feet. The bonds shall be written in such a manner that the Principal and Bonding Agent hereto are firmly bound to the Department, jointly and severally, for the payment of the full penal sum of the bond so that the well shall be plugged and abandoned in accordance with the rules and regulations of the Board. An individual well bond shall be released upon the proper plugging of the well and the filing with the Supervisor of a Plug and Abandon Report (Form CN-0217), driller's log, downhole surveys, well cuttings and cores, and other data as required, or if the permit has been canceled because of lack of proper activity.

(2) The Bonding Agent may notify the Supervisor in writing of its desire to terminate its liability under the bond by giving written notice to the Supervisor. The Supervisor shall thereupon require the Principal in the bond to file a new bond, or to effect a change of operators on the well within 60 days. If the Principal can no longer be contacted, then any interested party may seek a change of operators on the well in accordance with subparagraph (2)(a) of Rule 0400- 52-02-.02. If a new bond is filed by the Principal, or a change of operators is approved by the Supervisor, liability under the original bond shall cease and terminate as to acts and operations occurring after the effective date of the new bond or approval of the change of operators, and the original bond shall be released upon written request by the Bonding Agent. If a new bond is not filed within the 60 days, or a change of operators has not been approved, the Supervisor shall revoke the permit secured by the bond and require the Principal to plug the well in accordance with the rules and regulations of the Board. In the event of the failure of the Principal to plug the well, the supervisor may issue a notice of noncompliance to the Principal and the Bonding Agent requiring the Bonding Agent either to cause the well to be plugged, or forfeit the amount of the bond to the Department. The Bonding Agent shall then have 60 days in which to plug the well. If the well has not been plugged within that time limit, then a notice of forfeiture shall be issued, as provided for under

Rule 0400-52-01-.06. The Bonding Agent shall then have 21 days in which to petition the Board for a hearing relative to the bond forfeiture, pursuant to the Administrative Procedures Act, T.C.A. § 4-5-101 et seq. If a hearing is requested, no further action shall be taken against the bond until such hearing has taken place and a final order given by the Board. If the well is plugged in the interim, then the notice of forfeiture shall be canceled and the bond released.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013. June, 2013 2

Tenn. Comp. R. & Regs. 0400-52-01-.02 BLANKET PLUGGING BOND

(1) In lieu of an individual bond per well, any well operator may file with the Supervisor a blanket bond in the sum of $20,000 covering a maximum of 10 wells from 0 to 5000 feet in depth; $30,000 covering a maximum of 10 wells that are deeper than 5000 feet, but are less than or equal to 10,000 feet in depth; and no blanket bonds for wells deeper than 10,000 feet either drilled or to be drilled by the Principal in the bond at any one time. Additional wells may be covered by the bond only if wells originally covered by the bond are plugged or transferred to another operator, on a one-for-one basis with the wells to be added to the bond. Otherwise, an additional bond shall be filed for each additional group of 10 wells. The terms of such blanket bonds shall be in full compliance with the requirements for an individual well bond. A blanket bond shall be released upon the proper plugging of all wells of the operator (Principal) covered by the bond, and the filing with the Supervisor of the Plug and Abandon Reports, driller's logs, downhole surveys, well cuttings and cores, and other data as required for such wells. A blanket bond may be canceled by the Bonding Agent, notifying the Supervisor in writing, delivered personally or by registered mail, that the operator is no longer authorized by the Bonding Agent to obtain permits under said bond. If or when all wells permitted under said bond have been plugged and abandoned according to the rules and regulations of the Board, or existing permits have been canceled because of lack of proper activity, the Supervisor shall release the bond.

Rule 0400-52-02-.02. If a new bond is filed by the Principal, or a change of operators is approved by the Supervisor on all wells covered by the bond, liability under the original bond shall cease and terminate as to acts and operations occurring after the effective date of the new bond, or approval of the changes of operators, and the original bond shall be released upon written request by the Bonding Agent. If a new bond is not filed within the 60 days, or a change of operators has not been approved on all wells covered by the bond, the Supervisor shall revoke the permit(s) secured by the bond and require the Principal to plug the well(s) in accordance with the rules and regulations of the Board. In the event of the failure of the Principal to plug the well(s), the Bonding Agent may either cause the well(s) to be plugged, or forfeit the amount of the bond to the Department. This action shall be initiated by the issuance of a notice of noncompliance, as provided for under Rule 0400-52-01-.07. The Bonding Agent shall then have 60 days in which to plug the well(s). If the well(s) have not been plugged within that time limit, then a notice of forfeiture shall be issued, as provided for under Rule 0400-52-01-.06. The Bonding Agent shall then have 21 days in which to petition the Board for a hearing relative to the bond forfeiture, pursuant to the Administrative Procedures Act, T.C.A. § 4-5-101 et seq. If a hearing is requested, no further action shall be taken against the bond until such hearing has taken place and a final order given by the Board. If the well(s) are plugged in the interim, then the notice of forfeiture shall be canceled and the bond released.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-01-.03 RECLAMATION BOND

(1) A reclamation bond is required to be filed with the Supervisor at the time an operator's permit application is submitted, and shall be effective from the time the initial surface disturbances begin until the well is plugged and the site and access roads are reclaimed. The bond shall be for the sum of $1,500 per well site. The bond shall be in favor of the Department, and shall be a performance bond, conditioned that the well site and access roads shall be reclaimed in June, 2013 3 accordance with the rules and regulations of the Board. Upon satisfactory completion of regrading and revegetation of all disturbed areas except active work areas and access roads needed for oil or gas production, the Supervisor shall release one-third of the reclamation bond, or reduce the amount of the reclamation bond by one-third. Access roads that will continue to be used by the landowner for other legitimate purposes and maintained in usable condition, which condition reduces erosion to a practical minimum, shall not have to be revegetated by the operator. Such usage shall be established by the landowner by sworn affidavit. After plugging of the well and final reclamation of the well site, and after plantings have survived two growing seasons with an established ground cover of at least 90% herbaceous and/or woody species of which at least 80% are perennial species, the supervisor shall release the remainder of the reclamation bond.

(2) This paragraph shall be applicable only when the same Bonding Agent is responsible for both the plugging and reclamation bonds on a well. The Bonding Agent may notify the Supervisor in writing of its desire to terminate its liability under the reclamation bond by giving written notice to the Supervisor. The Supervisor shall thereupon require the Principal in the reclamation bond to file a new bond, or to effect a change of operators on the well within 60 days. If the Principal can no longer be contacted, then any interested party may seek a change of operations on the well in accordance with subparagraph (2)(a) of Rule 0400-52-02- .02. If a new reclamation bond is filed by the Principal, or a change of operators is approved by the Supervisor, liability under the original bond shall cease and terminate as to acts and operations occurring after the effective date of the new bond, or approval of the change of operators, and the original bond shall be released upon written request by the Bonding Agent. If a new reclamation bond is not filed, or a change of operators has not been approved within 60 days, the Supervisor shall revoke the permit secured by the plugging and reclamation bonds and require the Principal to plug the well and reclaim the well site and access roads in accordance with the rules and regulations of the Board. In the event of the failure of the Principal to plug the well and reclaim the well site and access roads, the Bonding Agent may either cause the well to be plugged and the well site and access roads to be reclaimed, or forfeit the amount of the bonds to the Department. This action shall be initiated by the issuance of notices on noncompliance as provided for under Rule 0400-52- 01-.07. The Bonding Agent shall then have 30 days in which to plug the well and reclaim the well site and access roads. If the well has not been plugged and the well site and access roads have not been reclaimed within that time limit then notices of forfeiture shall be issued as provided for under Rule 0400-52-01-.06. The Bonding Agent shall then have 21 days in which to petition the Board for a hearing relative to the bond forfeitures, pursuant to the Administrative Procedures Act T.C.A. § 4-5-101 et seq. If a hearing is requested, no further action shall be taken against the plugging and reclamation bonds until such hearing has taken place and a final order has been given by the Board. In the event the Bonding Agent causes the well to be plugged and the well site and access roads to be reclaimed the plugging bond shall be released, and the amount of the reclamation bond shall be reduced by one-third, to $1,000, unless such reduction has previously taken place. The remainder of the reclamation bond shall be released only after plantings have survived two growing seasons with an established ground cover of at least 90% herbaceous and/or woody species provided that at least 80% are perennial species.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-01-.04 RELIEF OF RESPONSIBILITY

A permittee's bonds and other responsibilities to a well or wells shall be relieved upon approval by the Supervisor of a successor's Application to Change Operators (Form CN-0237), furnishing bonds, and the tendering of authority on Form CN-0237 by the permittee requesting the Supervisor to approve the successor's application.

June, 2013 4

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-01-.05 EXECUTION

Any of the following shall serve as bonds:

(1) A surety bond executed by the well operator as principal and by a corporate surety authorized to do business in Tennessee; or (2) Cash; or (3) A certified check; or (4) A Certificate of Deposit, if it is made out exactly as follows: "Operator Name and Tennessee Department of Environment and Conservation or Tennessee Department of Environment and Conservation"; and does not contain any terms or conditions that provide that the issuing bank may charge against the deposit any debt of the depositor(s) owing to it (set-off terms); or any terms or conditions that provide that anyone whose signature appears on the signature card may withdraw funds from the account. The operator shall be entitled to any interest earned on a certificate of deposit as the same becomes due and payable. The treasurer of the State of Tennessee shall receive and hold the originals of such certificates in the name of the State of Tennessee, in trust, for the purpose for which such deposit is made, and shall at all times be responsible for the custody and safekeeping of such deposits; provided, however, that the certificate may be returned to the issuing financial institution as may be necessary for renewal from time to time; or (5) An irrevocable letter of credit issued by any federally insured bank or savings and loan association. The letter of credit shall comply with the format shown on Form CN-0120 (Comprehensive Bond Identification).

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-01-.06 FORFEITURE

(1) The Supervisor shall cause a notice of noncompliance to be served upon the operator by certified mail, addressed to the permanent address shown on the application for a permit:

(a) If the requirements with respect to proper plugging upon abandonment of a well or wells and submission of all required records and data have not been complied with within the time limits set by the Board or Department, and/or, (b) If the requirements with respect to proper reclamation of the well site(s) and access roads have not been complied with within the time limits set by the Board or Department.

(2) The notice shall specify in what respects the operator has failed to comply with this chapter or the regulations or orders of the Board or Department.

(3) If the operator has not reached an agreement with the Supervisor, or has not complied with the requirements set forth within 30 days after mailing the notice, the plugging bond shall then be forfeited to the Department, and the money used by the Department to properly plug the well(s), and/or the reclamation bond used to reclaim the well site(s) and access roads.

June, 2013 5 (4) In the case of the plugging bonds, such bonds are penal in nature, and the full amount of the bond shall be forfeited.

(5) In the case of reclamation bonds, such bonds are considered to be performance bonds, and any portion of a reclamation bond not expended to perform the reclamation work shall be refunded to the operator or his Bonding Agent if the conditions of the bond are fully satisfied.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-01-.07 NOTICE OF NONCOMPLIANCE

At any time the Supervisor causes a notice of noncompliance to be served upon an operator (principal), copies of such notice shall be mailed to the resident agent writing such bond (where the address is known) and to the Bonding Agent at the address provided to the Tennessee Department of Commerce and Insurance for receipt of notices. The Bonding Agent shall be afforded the opportunity to act in behalf of the operator (principal) within the time set forth in regard to the proper plugging of the well or wells and submission of required well records, down hole data, and plugging reports and/or reclamation of the well site and access roads. Should the operator (principal) and Bonding Agent fail to comply within the time provided, then and only in that event, the plugging bond shall be forfeited, and/or the reclamation bond used to reclaim the well site and access roads.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-02 Permits (Transferred from 1040-02-02)

Tenn. Comp. R. & Regs. 0400-52-02-.01 PERMIT REQUIRED

(1) A permit is required from the Supervisor before any person shall conduct operations described in Chapter 0400-52-01 through Chapter 0400-52-12. Each permit, when granted, shall expire 365 days after issuance unless the applicant has commenced operations and reasonably continues said operations pursuant to the permitted objective. Any permit now in force shall expire 365 days from the date of this rule unless permittee complies with this requirement. If a permitted location is to be abandoned without the commencement of any drilling activity, then the operator shall notify the Supervisor in writing within 30 days after expiration of the permit.

(2) No work shall begin on a well pursuant to this chapter before a permit for such work on the well has been issued by the Supervisor. Furthermore, any work the operator may do, or may have done, shall be at his own risk and with the full understanding that the Supervisor may find it necessary to require changing the well location or operation plans, or otherwise deny the permit because of noncompliance with applicable rules and regulations and require that the well be plugged. No requests for exceptions shall be considered for a well that was started before a permit was issued.

(a) A legible copy of this permit shall be displayed on location upon commencement of drilling operations and remain on display at said location until completion of the well.

(3) Fifteen day progress on drilling, upon request of the Supervisor, shall be mailed to the Supervisor describing well activities for the previous week.

(4) Organization Report (Form CN-0219) shall be made to the Supervisor prior to the issuance of a permit. The applicant shall name all parties responsible for the well and give contact information for them on the Organization Report consistent with the record submitted to the Secretaries of States for any corporation or limited liability company. If such persons have previously filed an Organization Report with the Supervisor, it shall not be necessary to submit another report, unless there has been a change in the information originally submitted.

(5) The operator shall indicate on the permit application, on a space provided, if the operator has the legal right to drill and produce the well.

(6) A notice to surface owners of oil and gas estates is required as follows:

(a) No later than the filing of the application with the Department for a permit to drill and prior to initiating any site preparation, the applicant shall give notice by certified mail, return receipt requested, of his intent to drill to the property owner or owners of the surface of the land to be drilled or to be affected by the surface disturbances listed in subparagraph (c) of this paragraph.

(b) The property owners to be notified under this paragraph shall be the property owners of record in the property tax assessor’s office in the county where the property is located.

(c) The notice shall include a well location plat which shows the proposed location of the oil and gas well site, the proposed location of all new ingress and egress, the location of all diversions, drilling pits, dikes, and related structures and facilities, the location of proposed storage tanks and all other surface disturbances. Said plat shall comply with

Chapter 0400-52-03.

(d) The notice shall state that the property owner and applicant have 15 working days from the date of mailing to discuss the location of surface disturbances in connection with the drilling operation. It shall also state that if the property owner and applicant are unable to resolve differences regarding the location of surface disturbances, either or both may request in writing a hearing before the Supervisor or his representative. The notice shall provide the name and address of the Supervisor.

(e) The applicant shall file with the Supervisor, as a part of the application, written certification that the notice required by subparagraph (a) of this paragraph has been given, including the name and address of each property owner given notice and the date on which each notice was mailed.

(f) The applicant and the property owners given notice under subparagraph (a) of this paragraph shall attempt to resolve any differences between them regarding surface disturbances related to the proposed drilling operation. If those differences cannot be resolved, then a hearing and order may be obtained as follows:

Any property owners entitled to notice (or the applicant) may request, within 15 working days of the mailing of the notice required in subparagraph (a) of this paragraph, that the Supervisor or his representative conduct a hearing. A request for hearing under this paragraph shall be in writing to the Supervisor, and shall be mailed by certified mail, return receipt requested within 15 working days of the mailing of the notice required in subparagraph (a) of this paragraph. The purpose of the hearing shall be to minimize the impact of the proposed drilling operation on the surface of the land.
The hearing shall be conducted as a contested case pursuant to the Administrative Procedures Act under Title 4, Chapter 5, Part 3 and shall be held before a hearing officer sitting alone. For purposes of the hearing, the Supervisor or his representative shall be the hearing officer. The hearing shall be held within 10 working days of receipt of a request for hearing by the Supervisor or his representative, and shall be held in the county of the proposed oil and gas well.

Notice of the hearing shall be given to all persons entitled to notice under subparagraph (a) of this paragraph and the applicant.

The hearing officer shall render a decision within 10 calendar days of the hearing. The decision shall be considered a final order not subject to further agency review pursuant to T.C.A. § 4-5-315(a)(1).
For purposes of this subparagraph, "working day" means all calendar days excluding Saturdays, Sundays, and legal holidays as designated in T.C.A. § 15- 1-101.

(g) Notwithstanding any other requirement for a permit to drill, such a permit may only be issued:

If the applicant submits to the Supervisor statements of no objection signed by all property owners entitled to notice under subparagraph (a) of this paragraph; or 2. If a hearing is not requested as provided in part (f)1. of this paragraph; or 3. Upon the issuing of a final order pursuant to part (f)3. of this paragraph.

(h) For purposes of satisfying the requirements of subparagraph (g) of this paragraph for issuing a permit:

The Supervisor may treat the persons named in the applicant’s certification of property owners, under subparagraph (e) of this paragraph, as being all of the property owners entitled to notice under subparagraph (a) of this paragraph, unless the Supervisor has actual notice to the contrary.
If a request for hearing as provided in part (f)1. of this paragraph is not delivered to the office of the Supervisor within 15 working days plus 3 additional days after the date notice-of-intent to drill was mailed to each property owner, as stated in the applicant’s certification of notice, under subparagraph (e) of this paragraph, the Supervisor may assume that no hearing was requested, unless he has actual notice to the contrary.

(7) Inspection and approval of all access roads, surface disturbances, and pollution control structures at a proposed well site by the designated gas and oil field inspector is required prior to the issuance of any permit under this chapter.

(8) Permits shall not in any way be construed as a certification by the State of Tennessee that any property interest in the premises covered by a permit is vested in the permit; they are issued solely under the regulatory powers vested in the Board and the Department under the provisions set forth in Title 60 of the Tennessee Code and the rules and regulations promulgated by the Board pursuant to Title 60.

(9) In the event of litigation over a particular tract of land, or in the event a tract of land is contested as to the ownership of oil and gas rights, the policy of the Board shall be to issue permits in order to preserve the physical integrity of that particular tract without prejudicing any claimants to the title of that land.

(10) In the case of any well that is proposed to be fractured using a cumulative total of more than 200,000 gallons of water-based liquids:

(a) The Supervisor shall give notice to the public by e-mail, including a list of interested persons and agencies who have requested such notification, and by posting on the Department website. The Public Notice shall include the following information:

Name, address, and telephone number of the Division contact where further information can be obtained.
Name and location of the applicant.
The location of the well proposed to be fractured.
A brief description of the well plan including information regarding the sources of water to be used as base fluid, fracturing methods, whether or not an Aquatic Resource Alteration Permit for water withdrawal will be required, and estimated amounts and methods of wastewater disposal.
A brief description of the procedures for the Supervisor to make a final determination of whether to issue the permit.

(b) Interested persons may submit written comments for 30 days from the date of Public Notice. Any comments received shall be considered by the Supervisor, and the Supervisor shall provide written responses to those comments. Prior to Public Notice, the Supervisor may require additional information from the applicant in these cases, including but not limited to information on water sources, fracturing methodologies, and methods of wastewater disposal. The Supervisor will notify the public of permit issuance or denial through the Division’s website.

(c) The applicant shall provide the Department’s Public Notice of the proposed well to owners of any property within ½ mile of the proposed well head or any residence that has any drinking water wells within a ½ mile radius of the proposed wellhead within 14 days of the date of the Public Notice. In the case of a horizontal well, the ½ mile radius shall be measured from the terminus of the horizontal well bore. The determination of the presence of any such drinking water wells shall include at a minimum the information available on the Division of Water Resources Well Log Tracking System.

The applicant shall collect a sample of any such well at the request of the owner and have the sample analyzed for Total Petroleum Hydrocarbons (TPH), BTEX (benzene/toluene/ethyl benzene/xylene), pH, chlorides, Total Organic Carbon (TOC) and Total Dissolved Solids, to demonstrate the condition of the water well prior to the drilling of the well to be fractured. Landowners opting for their well to be sampled by the applicant must submit a written request to the applicant within 14 days of receiving the Public Notice from the operator or the applicant is under no obligation to sample the well. Sampling results shall be provided to the Supervisor and drinking water well owner as soon as results are obtained. Sample collection protocols shall be comparable to those specified in the Department’s “Quality System Standard Operating Procedure for Chemical and Bacteriological Sampling of Surface Water”. Sample analyses shall be conducted by a certified laboratory utilizing standard methods and minimum detection levels consistent with Tennessee Department of Health laboratories.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original, rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-02-.02 DRILLING PERMIT

(1) Applications for a permit to drill a well for oil and gas shall be made on Application for Permit to Drill (Form CN-0211) and submitted to the Supervisor’s office for approval. The application shall be accompanied by a copy of a location plat, bond, Organization Report (Form CN- 0219) and a fee of five hundred dollars ($500). The application shall give the name and address of the drilling contractor, if known; otherwise notification shall be made by letter to the Supervisor as soon as determined. Information submitted with the application shall include the intent to fracture the well, as well as an estimate of the volume of fluids to be used to fracture. The application shall also include a plan for erosion control, prevention of pollution of surface waters, and reclamation of all areas disturbed by the operations, including access roads. The plan shall conform to the requirements of Rule 0400-52-09-.05. The plan shall be sufficiently detailed to allow a gas and oil field inspector to locate the site of the facilities to be constructed and estimate the expected environmental impact, but does not have to include detailed engineering design drawings. The plan shall also include identification of all drinking water wells within a ¼ mile radius of the proposed wellhead, except where a ½ mile radius is required, as specified in paragraph (10) of Rule 0400-52-02- .01. The Supervisor may require modifications in the operator’s plan if such modifications are necessary to prevent pollution or to promote reclamation. Upon approval, the operator’s plan shall be a condition of the permit. Failure to comply with the plan shall be grounds for revocation of the permit and forfeiture of the bond.

(2) A drilling permit shall be amended by filing an Application to Amend Well Permit (Form CN- 0228) with the Supervisor and paying a fee of $100 if the well name, number, elevation, location, or proposed total depth is changed. If the well location is changed, 1 copy of a revised survey plat shall be filed with the application. The amended permit is subject to the same terms and conditions as a well permit, including erosion control requirements. A person who is granted a drilling permit can only transfer the permit and attendant rights to another person after submitting an Application to Change Operators (Form CN-237) and receiving approval of the application from the Supervisor. The person to whom the permit is being transferred shall file an Organization Report (Form CN-0219), post a well plugging bond and a reclamation bond, if needed, and pay a fee of $100. The transfer of a permit from the original permittee to another operator, with or without the approval of the Supervisor, does not relieve the original permittee of obligations occurring before the transfer, and the bond shall not be released until all material at the time of transfer has been submitted. Unless change of operator forms have been processed or approved by the office of the Supervisor, any operation conducted on the well in question is the responsibility of the original permittee, and his bond shall not be released until all State requirements have been met.

(a) If an Application to Change Operators (Form CN-0237) is to be submitted without the signature of the current permittee, it shall be considered a forced change of operator, then the following items shall also be submitted:

Copy of the lease and assignments, if any, under which the permit was originally issued, or subsequently transferred, if those documents are available, or an affidavit from the landowner that no prior oil and gas leases are still active. An affidavit from the original landowner that there are no other unexpired oil and gas leases, if the title to the land has changed hands since the Department issued the permit on the land in question, or, if the original landowner cannot be located, an affidavit by the new operator or his agent that he has checked the grantor index in the register’s office and found no unexplained conveyance of the oil and gas rights by the original landowner.
Copy of the lease and assignments, if any, under which the permit shall be transferred to the new operator.
Copy of a certified letter to the current permittee requesting that an Application to Change Operators (Form CN-0237) be signed, and also stating that if the application is not signed, and no written objection to a change of operator without that signature is submitted to the Department in writing within 10 working days of receipt of said letter, the new operator shall seek approval from the Department of that Approval to Change Operators without said signature. In addition, the applicant shall send the certified mail notice to the current address that is registered with the Board or the Department as shown on the Organization Report (Form CN-0219).
A copy of a Court Order relative to the inactive or expired status of any prior oil and gas leases may be submitted in lieu of the items mentioned in parts 2. and 3. of this subparagraph.
If a written objection to approving the Application to Change Operators (Form CN-0237) is properly submitted to the Department, the staff shall administratively deny the application. If the applicant seeks to have the application considered further, he may then apply for a hearing before the Board. The Board shall then consider approval of the application only when there is no doubt as to the ownership of the oil and gas rights of the applicant. If a cloud or a question as to the title is determined to exist by the Board, then the Board shall deny the application, and refer the applicant to the court for a ruling on the question of ownership.

(b) If a well or wells revert back to a landowner, whether by court action, or by lease expiration or other provisions, and the well will remain in operation, then the landowner shall submit an Application to Change Operators (Form CN-0237), file an Organization Report (Form CN-0219), post a well plugging bond, post a reclamation bond if required, pay a fee of $100, and otherwise comply with well spacing rules. If the well will be used for domestic gas only, then a plugging bond in the amount of $1,500 shall be required.

For domestic gas use wells deeper than 2,500 feet, the plugging bond shall increase at a rate of $1.00 for every foot deeper than 2,500 feet. No reclamation bond shall be required for a well or wells that revert back to a landowner and will be used for domestic gas only.

(c) Before a well can be turned over to a landowner for use as a fresh water well, the operator shall set a 100 foot plug within 300 feet of the surface, or a cement plug at 50 feet above the casing shoe, whichever is the deeper, and the well shall be completed as a water well, and approved by the Department’s Division of Water Resources. No Organization Report (Form CN-0219) is required, and in lieu of a plugging bond the landowner shall submit a notarized letter agreeing to assume liability for any subsequent plugging which might be required.

(3) If drilling operations cease for a period of 30 days, the operator shall notify the Supervisor in writing of the reason for the shutdown and the date on which operations shall be resumed.

(4) All wells shall be either properly plugged or completed within a period of 6 months following cessation of drilling. Upon written request to the Supervisor by the operator, showing valid cause for requiring additional time, a reasonable extension of as much as 90 days additional may be granted.

(5) An applicant who requests a permit to drill on site which is closer than normal statewide spacing to the boundary of an offsetting oil and gas lease, or mineral or surface property, or on a tract of land which is contested as to the ownership of oil and gas rights, shall comply with the following procedures:

(a) Notify by certified mail all affected offset and/or separate owners of oil and gas leases and mineral and surface property, as can reasonably be determined, that he is applying for a permit to drill a well; and submit a copy of the drill-site location plat with the notice.

(b) Publish the operator’s name, lease name, well number and description of the drill-site location in a newspaper of general circulation in the county where the well is to be drilled, with a statement that if any interested owner objects to the drilling of said well, they should make their objections known to the Supervisor.

(c) If, within 10 days after the notice, there are no objections to issuing the permit, then the Supervisor shall issue the permit, provided all other requirements have been complied with.

(d) If there is an objection or objections to issuing the permit, the objector or objectors shall furnish the applicant and the Supervisor the basis of the objection and support his contentions with documents, etc., within 10 days after the date of the notice.

(e) If the applicant, after receiving an objection, still wants the permit he shall then apply for a hearing before the Board. The Board shall then decide whether or not to issue the permit or refer the applicant to the court for relief.

(6) If more than one applicant applies for a permit to drill the same or a conflicting location on a tract of land at a permissible distance from an offset or offsetting well, the first application received in the Supervisor’s office shall be issued the permit, provided the applicant complies with all other rules and regulations governing permits to drill a well. If the first applicant fails to exercise his permit privilege, then the next applicant of record, based on time submittal, shall receive the permit, provided he complies with all other requirements.

(7) If the ownership of the drill site tract of land is contested, all claimants shall be identified by an accompanying letter.

(8) Requests for permits for a voluntary pooled drilling unit, or for two or more leases or tracts that have been pooled for exploration or development shall be accompanied by a notarized affidavit signed by the operator that has the right to pool these leases to form a drilling unit.

(9) The Supervisor has the right to withhold the issuance of a permit to any operator in violation of any rule or regulation of this order until such violation has been removed.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original, rule filed March 20, 2013; effective June 18, 2013. Amendments filed September 16, 2019; effective December 15, 2019.

Tenn. Comp. R. & Regs. 0400-52-02-.03 RESERVED

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original, rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-02-.04 NOTIFICATION TO PLUG AND ABANDON

Prior to plugging, notice shall be given the Supervisor in order that the Supervisor or his representative may witness the work. Work performed shall be reported to the Supervisor on the Plug and Abandon Report (Form CN-0217) within 30 days after completing the work. Form CN-0217 shall be accompanied by a copy of the drilling contractor’s or the service company’s ticket for work done unless the work was observed by the Supervisor or his representative.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original, rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-02-.05 RESERVED

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original, rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-03 Well Location Plats (Transferred from 1040-02-03)

Tenn. Comp. R. & Regs. 0400-52-03-.01 PREPARING PLATS

(1) Well location plats shall be constructed and certified as accurate by a surveyor registered by the State of Tennessee. The following procedures and instructions shall be strictly complied with in preparing plats:

(a) Two legible copies of a well location plat shall be submitted for each proposed well and drawn on a sheet 8½” x 14” or larger, using bond paper.

(b) The plat shall be prepared to a scale of one inch equals one hundred, two hundred, three hundred, four hundred, five hundred or six hundred feet (1” = 100, 200, 300, 400, 500 or 600’). The scale set forth on the plat should be of a graphic type rather than so many inches equaling so many feet.

(c) The top or upper edge of the plat shall be oriented to the north, and a vector depicting magnetic north shall be placed on the edge or margin of the plat.

(d) The surface elevation of the proposed drill site, referenced to mean sea level, shall be determined and a reference benchmark established within 200 feet of each location and its elevation and description noted on the plat. If the surface elevation or drill site location is altered during location preparation, it shall be re-determined by the operator, and this information submitted to the Supervisor within 10 days.

(e) A description or diagram of the proposed drill site location shall be made with reference to a specific 7½-minute topographic quadrangle map (1 inch equals 2,000 feet) by the use of the Carter Coordinate System, and Latitude and Longitude and by bearing and distance in feet to two permanent landmarks or monuments that are readily identifiable on a 7½-minute topographic map.

(f) The location plat, in addition to other requirements, shall identify surface ownership on the tract of land where the permitted well is to be located and surface ownership on offsetting tracts of land, if within 3,000 feet.

(g) The plat shall show the amount of acreage in the drill site tract.

(h) The distance in feet between the proposed drill site and the two nearest property and lease lines, and the nearest dry, abandoned, drilling or producing well, if such exists within 3,000 feet, shall be shown on the plat.

(i) In cases where the tract to be drilled is composed of separately owned interests which have been pooled or unitized the property lines and the amount of acreage in each separately owned interest shall be shown. In addition, the unit lines and the distance to the two nearest unit lines shall also be shown.

June, 2013 2 (j) The plat shall also show the location of all existing or proposed access roads, the location of all dwellings, diversions, drilling pits, dikes, tanks, and all other surface disturbances, and the location of all streams, lakes, or other bodies of water within 200 feet of the well site and visible from the access roads, or apparent on a USGS topographic map. This information may be shown on more than one sheet if necessary, provided that on each sheet the name of the operator, well name and number, scale (of graphic type), a vector depicting magnetic north, and the location of the proposed drill site are shown along with the surveyor’s certification and seal, and date on which the well location plat was constructed.

(k) All plats shall be submitted with a latitude and longitude for each well site location.

(l) Any well site submitted for a horizontal well shall show the locations for the well collar; entry point of the horizontal leg and the termination point. Each of these locations shall be shown on the plat with latitude, longitude and Carter Coordinate System.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-04 Well Spacing (Transferred from (1040-02-04)

Tenn. Comp. R. & Regs. 0400-52-04-.01 VERTICAL WELL SPACING

(1) No permits shall be issued for the drilling of wells in search of oil and gas and no well shall be drilled in search of oil or gas nor shall a well be abandoned in one pool and recompleted in another pool in which no spacing rules are prescribed by special fieldwide orders, unless the location of such well shall comply with the following requirements:

(a) Wells drilled in search of oil or gas to a depth of less than 1,000 feet shall be drilled on 10-acre spacing, and shall not be located closer than 660 feet from any other well completed in, drilling to, or for which a permit shall have been granted to drill to the same pool; and not closer than 330 feet from any property or unit line.

(b) Wells drilled in search of oil or gas to a depth of 1,000 to 2,000 feet or to the base of the Chattanooga Shale, whichever is deeper, shall be drilled on 20-acre spacing, and shall not be located closer than 660 feet from any other well completed in, drilling to, or for which a permit shall have been granted to drill to the same pool; and not closer than 330 feet from any property or unit line.

(c) Wells drilled in search of oil to a depth of more than 2,000 feet shall be drilled on 40acre spacing, and shall not be located closer than 660 feet from any other well completed in, drilling to, or for which a permit shall have been granted to drill to the same pool; and not closer than 330 feet from any property or unit line.

(d) Wells drilled in search of gas from a depth of 2,000 feet to 5,000 feet or to the top of the Conasauga Formation shall be drilled on 40-acre spacing, and shall not be located closer than 660 feet from any other well completed in, drilling to, or for which a permit shall have been granted to drill to the same pool; and not closer than 330 feet from any property or unit line.

(e) Wells drilled in search of gas to a depth of more than 5,000 feet or below the top of the Conasauga Formation shall be drilled on 160-acre spacing, and shall not be located closer than 1,320 feet from any other well completed in, drilling to, or for which a permit shall have been granted to drill to the same pool; and not closer than 660 feet from any property or unit line.

(f) Any existing well may be deepened and produced for oil or gas from whatever zone(s) production may be obtained on the presently permitted unit size, provided, however, that any exceptions to offsetting property lines or wells under current spacing rules shall comply with the provision of subparagraph (1)(k) of Rule 0400-52-04-.01.

(g) Where a permit is requested for a wildcat well to be drilled in an area in which the surface or mineral ownership is so divided that the well cannot be located in compliance with the requirement of a distance from property lines and well spacing and a drilling unit cannot be formed in advance of drilling because it is not known whether June, 2013 2 the well shall be completed as an oil well or a gas well, a permit may nevertheless be granted for the drilling of the well when the applicant presents evidence satisfactory to the Supervisor that the applicant has available for assignment to said well leases or acreage of area and size to constitute, in the judgment of the Supervisor, a reasonable producing unit for such well and such applicant agrees to create or to apply to the Board for creation of a reasonable producing unit within 45 days after completion of the well.

(h) Upon the completion of a confirmation well to a discovery well, the operator of the discovery well shall apply for a public hearing before the Board for the purpose of establishing temporary drilling and production units. When a pool has had 5 wells drilled to and completed therein or after 1 year has elapsed from the completion of the confirmation well in the field, whichever occurs first, the operator or operators of well in the field shall petition the Board for a public hearing for the purposes of establishing field rules and regulations and the creation of drilling and production units for the pools in the field. The right is reserved, however, to any interested party to apply for a public hearing at an earlier date and if the Board finds from an examination of the information furnished that temporary or permanent drilling and production units should be formed, it shall be so ordered.

(i) Where prior to the issuance of this order, a pool has already been partially developed with a greater density of wells than that prescribed herein, the Supervisor may, without additional public hearing, exempt such pools from the provisions of this order. The exemptions for these pools shall be granted only after application has been made to the Supervisor in writing accompanied by a map delineating the locations of all existing wells completed and producing from the pool for which exception is being asked.

(j) A poolwide unit is exempt, within its internal boundary, from well spacing rules as to the particular unitized pool, but all wells shall be located interior of the unit outline in compliance with the rules for distance from property lines.

(k) The Supervisor may grant administrative approval of exceptions to this chapter, or any order of the Supervisor establishing well spacing for a pool upon submission of an application showing all pertinent information and data and after due notice is given to all operators of interest.

The application shall be made to the Supervisor with a copy to each known offset operator of interest and such application shall include:

(i) Statement of reason and justification for requested relief.

(ii) Map or plat as described in Chapter 0400-52-03, which additionally shows:

(I) The location at which an oil or gas well could be drilled in compliance with this chapter, or applicable order;

(II) The location at which the applicant requests permission to drill;

(III) The outline of the drilling unit to be assigned to the proposed well site with a notation as to the amount of acreage contained therein;

(IV) The outline of all other drilling or production units currently assigned to the tract or lease upon which the proposed drilling unit is located, with a notation of the amount of acreage assigned to each unit.

June, 2013 3 (iii) Sufficient geological evidence that the proposed drilling unit shall be reasonably productive of oil and/or gas.

(iv) List of names and addresses of all interested persons notified of the application.

Each drilling unit should comply with the well density as described in this chapter, or the applicable order.
The acreage assigned to the proposed drilling unit should be reasonably expected to be productive of oil and/or gas from the common source of supply.
If the application meets with the approval of the Supervisor and no written protest is received by the Supervisor within 10 days following prescribed notice of application, the Board may grant the requested relief without the necessity of a public hearing.
If the application is accompanied by a written waiver from all known offset lease owners, the 10 day delay shall be unnecessary.
If the Supervisor does not elect to approve the application administratively, or if written protest is received within the 10 day period, the application may be set for public hearing.

(l) Any drilling being conducted in Overton, Clay, Pickett or Fentress Counties (this is portions of Fentress County that are west of Hwy 127 and North and West of State Hwy 154) is based on 400 feet to another well and 200 feet to the unit or property line down to a depth of 2500 feet. This is an exception to the current state wide drilling requirements.

(m) Exception not to exceed 10% in spacing distances on locations interior to property boundaries shall be allowed administratively by the Supervisor. Any exception adjacent to offset operators shall comply with subparagraph (k) of this paragraph.

(2) If it is necessary to drill a well below the depth bracket for the anticipated productive zone for stratigraphic information only, the Application for Permit to Drill (Form CN-0211), shall indicate the proposed total depth and anticipated depth bracket for productive zone and unit.

Following drilling, logging and testing, the well shall be plugged back, or casing set to the legal total depth appropriate for the anticipated productive zone. The plug back depth shall be indicated on the Plug and Abandon Report (Form CN-0217), which shall be accompanied by a work ticket which indicates in detail how the work was done. If production is established below the depth bracket for the anticipated productive zone, appropriate spacing shall be established by the Supervisor or Board.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-05 Well Indentification (Transferred from 1040-02-05)

Tenn. Comp. R. & Regs. 0400-52-05-.01 POSTING A SIGN

No well shall be placed in production, shut-in, or left unplugged until a sign has been posted on the well location. All wells shall display a sign showing the operator name and telephone number, well name and number, and permit number. The mailing address and telephone number of the Department shall also appear on the sign. The sign shall be at a minimum 8½ inches in height by 11 inches in width, made of durable material and be legible. If the tank battery serving a particular well is not within sight of that particular well, then a sign shall also be posted at a good conspicuous location at the tank battery for each well for which production is gauged individually. Where a number of wells on the same lease produce into a common tank battery, only one sign is required, and should show the name of the lease and well numbers, rather than individual permit numbers. The obligation to maintain legible signs remains until the well is plugged and abandoned.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-06 Drilling Wells (Transferred from 1040-02-06)

Tenn. Comp. R. & Regs. 0400-52-06-.01 DRILLING EQUIPMENT

All drilling equipment shall be designed, constructed, and operated in such a manner so as to prevent accidents and insure safe operating practices. It is recommended that each operator require the drilling contractor to comply with the general rules and safety procedures of the industry.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-06-.02 BLOWOUT PREVENTION

(1) The operator shall equip and operate all wells in such a manner as to prevent the uncontrolled emission of oil, gas, and water from the well.

(2) The operator shall equip all wells, other than those specified in paragraph (3) of this rule, with a minimum of the equipment specified in this paragraph:

(a) The operator shall install a blowout prevention system with 2 separate units capable of closing with the drill pipe in the hole or other equivalent control system as approved by the Supervisor or his representative. A minimum of 1500 psi working pressure or 110% of maximum surface pressure that would be reasonably expected based on the depth and location of the well is required, whichever is greater. In unknown or expected higher pressures a minimum of 5000 psi working pressure shall be required.

The blowout preventers shall be installed above ground level if possible but if a cellar is dug, the equipment shall be accessible during drilling operations. The entire control equipment shall be in good working condition at all times. All outlets, fittings, and connections on the casing, blowout preventers, choke manifold, and auxiliary wellhead equipment that may be subjected to wellhead pressure shall be of a material and construction that shall withstand the anticipated pressure and shall be resistant to fire. The lines from outlets on or below the blowout preventers shall be securely installed, anchored, and protected from damage.
Blowout preventers, accumulators, and pumps shall be used in accordance with the product manufacturer's rating and operational specifications. The operator is responsible for seeing that the blowout prevention equipment is in proper working order. This includes the proper operation of the closing unit valving, proper operation of the pressure gauges, and the presence of the manufacturer's recommended accumulator fluids. A combination of any 2 of the following secondary closing systems is acceptable:

(i) Intrinsically safe electric-operated pump;

June, 2013 2 (ii) Air-operated pump;

(iii) Hand-operated pump; and (iv) Nitrogen-operated pump.

Blowout preventer rams shall be of a proper size for the drill pipe being used or production casing being run in the well or shall be variable-type rams that are of the proper size range. Blowout prevention shall be installed before passing through any known production or high pressure zone in the well boring path.

Blowout prevention equipment and intermediate casing shall be tested to a pressure of 1,500 psi at surface for not less than 30 minutes. This shall be done prior to drilling the plug on the intermediate casing or at other intervals as approved or requested by the Supervisor. If, at the end of 30 minutes, the pressure shows a drop of 10% or more from the original test pressure, the casing shall be condemned until the leak is corrected. A pressure test demonstrating less than a 10% pressure drop after 30 minutes is proof that the condition has been corrected. A record of each test, including test pressures, times, failures, and each mechanical test of the casings, blowout preventers, surface connections, surface fittings, and auxiliary wellhead equipment shall be entered in the logbook, signed by the driller, and kept available for inspection by the Supervisor or his representative.
With the understanding that all permitting procedures have been followed, a well may be deepened to 200' below the bottom of the Chattanooga Shale without initiating other than the usual well control procedures. The casing shall withstand at least 1,500 psi with no more than 10% loss of pressure in 30 minutes.

(b) Accessible controls located both in the rig and at a safe remote location of at least 50 feet from wellhead.

(d) A drill pipe or power head valve capable of pump truck connection.

(e) A flow line or blooey line of the proper size and working pressure shall be installed in the most direct route practicable to pit and shall be anchored securely. The use of closed loop systems or mud tanks is acceptable.

(3) For non-Cumberland Plateau wells in areas of known lower pressures, the operator shall equip all wells with a minimum of the following equipment:

(a) An annular-type blowout preventer or other equivalent control system as approved by the Supervisor or his representative;

(b) Accessible controls located both on the rig floor and at a safe remote location at least 50 feet from wellhead;

(d) A drill pipe or power head valve capable of pump truck connection;

(e) A flow line of the proper size and working pressure; and June, 2013 3 (f) Blowout prevention equipment that has a rated minimum working pressure of 1500 psi.

The blowout preventers shall be installed above ground level if possible but if a cellar is dug, the equipment shall be accessible during drilling operations. The entire control equipment shall be in good working condition at all times. All outlets, fittings, and connections on the casing, blowout preventers, choke manifold, and auxiliary wellhead equipment that may be subjected to wellhead pressure shall be of a material and construction that shall withstand the anticipated pressure and shall be resistant to fire. The lines from outlets on or below the blowout preventers shall be securely installed, anchored, and protected from damage.
Blowout preventers, accumulators, and pumps shall be used in accordance with the product manufacturer's rating and operational specifications. The operator is responsible for seeing that the blowout prevention equipment is in proper working order. This includes the proper operation of the closing unit valving, proper operation of the pressure gauges, and the presence of the manufacturer's recommended accumulator fluids. Any of the following closing systems is acceptable:

(i) Intrinsically safe electric-operated pump;

(ii) Air-operated pump;

(iii) Hand-operated pump; and (iv) Nitrogen-operated pump.

Blowout preventers shall be of a proper size for the drill pipe being used or production casing being run.

Blowout prevention equipment and surface casing shall be tested to a pressure of 400 psi at surface for not less than 30 minutes before drilling the plug on the surface casing and at other intervals as approved or requested by the Supervisor. If at the end of 30 minutes the pressure shows a drop of 10% or more from the original test pressure, the casing shall be condemned until the leak is corrected. A pressure test demonstrating less than a 10% pressure drop after 30 minutes is proof that the condition has been corrected. A record of each test, including test pressures, times, failures, and each mechanical test of the casings, blowout preventers, surface connections, surface fittings, and auxiliary wellhead equipment shall be entered in the logbook, signed by the driller, and kept available for inspection by the Supervisor or his representative. If the casing is to be tested at the time of surface casing, cementing 150 psi for a period of ten minutes may be used. The annulus shall be filled with fluid and the plug shall have been landed prior to the test beginning. If a drop of over 10% or more from the original test pressure is found the casing shall be condemned until the leak is corrected. The previous criteria concerning recording of the test shall be followed.
The casing shall withstand at least 400 psi with no more than 10% loss of pressure in 30 minutes.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013. June, 2013 4

Tenn. Comp. R. & Regs. 0400-52-06-.03 CASINGHEADS

All wells shall be equipped with casingheads with a test pressure in conformance with conditions to be anticipated in wells in which they are used. Casinghead bodies shall be equipped with proper connections and valves accessible to the surface as soon as installed. Reconditioning shall be required on any well leaking gas or oil.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-06-.04 ENVIRONMENTAL PROTECTION

(1) Oil and gas wells shall be drilled and operated in a manner that protects aquifers and surface waters. Wells shall be designed to ensure the environmentally sound, safe production of hydrocarbons by containing them inside the well, isolating the productive formations from fresh water formations, and properly executing fracturing and other stimulation operations.

Well design and construction must ensure that no leaks occur through or between casing strings. The fluids produced from the well (oil, water, gas) must travel directly from the producing zone to the surface inside the well conduit.

(2) All oil and gas operations shall be conducted in a manner that shall prevent or mitigate adverse environmental impacts such as soil erosion and water pollution. All areas disturbed by the operations, including access roads, shall be reclaimed as prescribed in Rule 0400-52- 09-.05. Access roads shall be constructed in such a manner as to reduce erosion to a practical minimum. Sediment ponds, berms, diversion ditches, hay bales, and other measures designed to prevent erosion and discharge from well sites shall be taken to prevent or minimize soil erosion and pollution of surface waters. Erosion prevention and sediment controls at all oil and gas operations shall meet or exceed the following:

(a) The erosion prevention controls shall be designed and implemented to minimize the dislodging and suspension of soil in water. Sediment controls shall be designed and implemented to retain mobilized sediment on site.

(b) All control measures shall be properly selected, installed, and maintained in accordance with the manufacturer’s specifications (where applicable) and standard engineering practices. All control measures selected shall be able to slow runoff so that rill and gully formation is prevented. When steep slopes and/or fine particle soils are present at the site, additional physical or chemical treatment of storm water runoff may be required. If periodic inspections or other information indicates a control has been used inappropriately, or incorrectly, the operator shall replace or modify the control for relevant site situations.

(c) If sediment escapes the drilling, production, and/or roadway areas, off-site accumulations of sediment that have not reached a stream shall be removed at a frequency sufficient to minimize offsite impacts. Fugitive sediment that has escaped the drill area and has collected in a drainage ditches or roadways shall be removed so that it is not subsequently washed into culverts and streams by the next rain and/or so that it does not pose a safety hazard. Permittees shall not initiate remediation/restoration of a stream without consulting the Department first.

(d) Sediment shall be removed from sediment traps, silt fences, sedimentation ponds, and other sediment controls as necessary.

June, 2013 5 (e) Upon attainment of stability, materials used for erosion prevention and sediment control should be removed or otherwise prevented from becoming a pollutant source for storm water discharges.

(f) Pre-construction vegetative ground cover shall not be destroyed, removed or disturbed more than 30 days prior to grading or earth moving unless the area is seeded and/or mulched or other temporary cover is installed.

(g) Clearing and grubbing shall be held to the minimum necessary for drilling and/or production activities.

(h) Construction shall be sequenced to minimize the exposure time of graded or denuded areas.

(i) Erosion prevention and sediment control measures shall be in place and functional before drilling activities begin, and shall be properly maintained throughout the drilling and production phase.

(j) Permanent stabilization with perennial vegetation (using native herbaceous and woody plants where practicable) or other permanently stable, non-eroding surface shall replace any temporary measures as soon as practicable.

(3) The operator shall notify the oil and gas inspector at least 24 hours prior to beginning fracturing or acid treatment activities. The operator shall maintain personnel on-site during fracturing activities, and during the initial flow back period, until such time as the well pressure returns to near pre-fracturing reservoir pressure. Unmanned flowback operations shall be checked routinely.

(4) For fracturing treatments using more than 200,000 gallons of water-based liquids, the operator shall conduct pressure monitoring during the fracturing treatment to monitor for a successful treatment and for protection of the groundwater. Annulus pressure shall be continuously monitored and recorded for all such fracturing treatments. If intermediate casing has been set, the pressure in the annulus between the intermediate casing and the production casing shall also be monitored and recorded. Records of pressure monitoring shall be included as part of the well history reporting requirements.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-07 Casing Program (Transferred from 1040-02-07)

Tenn. Comp. R. & Regs. 0400-52-07-.01 CASING REQUIREMENTS

(1) Surface Casing (a) The operator shall set surface casing at 100 feet below the lowest known fresh water aquifer. The Supervisor shall have the authority to require distances of less than 100 feet upon specific request from the operator if adequate technical justification can be made. The operator shall use casing that has an external collapse pressure rating great enough to handle the hydrostatic pressure of a class A cement from the casing shoe to surface and internal pressure rating to handle any anticipated down hole pressures. The operator shall use cement with a minimum 500 psi compressive strength and will allow a minimum of 8 hour wait, or until the cement has adequately set, prior to drilling the shoe out. Surface casing shall be used to protect fresh water aquifers. No casing shoe shall be drilled until a cement seal has been brought back to the surface and secured between the surface casing and the well bore, preventing any ground water contamination.

(b) In non-Cumberland Plateau wells in areas of known lower pressures, the operator shall set all surface casing 100 feet below the fresh water. The Supervisor shall have the

authority to require distances less than 100 feet upon specific request from the operator if adequate technical justification can be made. The operator shall use casing with an external collapse pressure rating great enough to handle the hydrostatic pressure of a class A cement from the casing shoe to surface. A Float shoe or Baffle or Guide shoe with Wiper Plug along with annular cement volume plus 35% excess shall be required on all surface casing cement jobs. Cement shall have a minimum 500 psi compressive strength and have a minimum 8 hour wait, or longer if needed to ensure that cement has adequately set, prior to drilling the shoe out. No casing shoe shall be drilled until a cement seal has been brought back to the surface and secured between the surface casing and the well bore, preventing any ground water contamination. The operator shall present all cement and casing designs on a specifications sheet with permit application for approval.

(2) If intermediate casing is used, the operator shall set an intermediate string of casing prior to drilling into any known oil and gas producing zone. Casing shall have a minimum internal pressure rating of 110% of maximum formation pressure reasonably expected based on the depth and location of the well. The operator shall cement the intermediate casing at a minimum of 100 feet into the surface casing. Casing string shall be deep enough to prevent underground blowout from anticipated bottomhole pressures. Casing shall have an external collapse pressure rating to handle cement design from casing shoe to surface. The operator shall use cement with 500 psi compressive strength and have a minimum 8 hour wait, or until cement has adequately set, prior to drilling the shoe out.

June, 2013 2 (3) The operator shall present all cement and casing designs on a specifications sheet with permit application for approval. A copy of cement tickets shall be kept on location to be viewed by the inspector until the drill rig is removed. In unknown or over pressured conditions a 5000 psi rating on casing shall apply. The operator shall attach a copy of all cement tickets to the well history tickets and shall include all volumes and pressures of job from start to finish. To ensure adequate annular space for cementing, the annular space outside the casing shall be at least as large as follows for the applicable casing size:

Up to 7" Outside Diameter (O.D.) Casing O.D. + 1 1/2"

More than 7" and less than 10 3/4” O.D. Casing O.D. + 2"

More than 10 3/4 "O.D. Casing O.D + 3"

(4) Any wells on the Cumberland Plateau drilled to depths above the Chattanooga Shale may be eligible for variances on the casing requirements in this rule by making a specific request to the Supervisor.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-07-.02 CONDUCTOR PIPE

Conductor pipe or conductor casing shall be used for the purpose of supporting unconsolidated surface deposits. The use and removal of less than 40 feet of conductor pipe during the drilling of any oil or gas well shall be at the option of the operator. If such conductor pipe is to be pulled it shall be pulled prior to the cementing of the surface casing. All conductor casing shall have a cement seal at the surface preventing the possibility of any groundwater contamination and shall remain in the well if not pulled prior to the surface casing cement job. If more than 40 feet of conductor pipe was installed, the conductor pipe may not be pulled.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-07-.03 SURFACE CASING

(1) The operator shall submit a proposed casing program for approval by the Supervisor, on Application for Permit to Drill (Form CN-0211). If the Supervisor deems the casing program inadequate to protect fresh water zones and potential minable coal and other minerals, etc., he shall prescribe the casing program with which the operator shall comply. Unless an exception is granted by the Supervisor, suitable and sufficient surface casing shall be run and cemented to a depth not less than 100 feet below all fresh water strata encountered in the well and in a manner that shall protect such fresh water from contamination resulting from drilling operations. The Supervisor shall have the authority to require distances of less than 100 feet upon specific request from the operator if adequate technical justification can be made. The cement shall fill the annular space behind the surface casing from the base thereof to the surface of the ground. If cement returns are not received to the surface, then the annulus shall be cemented from the top.

(2) The Supervisor or his representative shall be given notice of cementing of surface casing at least 12 hours prior to conducting such operation. The Supervisor or his representative may witness the cementing operation. Form CN-0221 shall be accompanied by a copy of the drilling contractor’s or service company’s ticket for the work performed.

June, 2013 3 (3) The operator shall run a cement basket on the surface casing one joint below the conductor pipe, or between the first and second joints if no conductor pipe is utilized, or as directed by the Supervisor. The operator shall utilize a centralizer in order to center the casing in the well bore and ensure it will be completely surrounded or encased by cement and achieve the required isolation.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-07-.04 PRODUCTION CASING

The production, oil, or flow string, is that casing used for the purpose of segregating the zone from which production is obtained and affording a means of communication between such zone and the surface. If production casing is used in a vertical well, the operator shall cement the production casing at a minimum of 100 feet into the intermediate casing and extend the cementing across the producing formation, unless the casing is set on a packer or set and cemented above the production zone. Alternative casing and cementing designs may be approved by the Supervisor upon request if adequate technical justification can be made. Casing shall have an external collapse pressure rating to handle cement design from total depth to surface. The operator shall use cement with 500 psi compressive strength and have a minimum 8 hour wait, or until cement has adequately set. The operator shall present all cement and casing designs on a specifications sheet with Permit Application for approval. A copy of cement tickets shall be kept on location to be viewed by the inspector until the drill rig is removed. In unknown or over pressured conditions a 5000 psi rating on casing shall apply. The operator shall attach a copy of all cement tickets to the well history tickets and shall include all volumes and pressures of job from start to finish. A description of the work done under this rule shall be reported to the Supervisor on Well History, Work Summary, and Completion or Recompletion Report (Form CN-0221) within 60 days after completion.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-07-.05 ISOLATION OF OIL, GAS AND FRESH-WATER-BEARING STRATA, AND

POTENTIAL MINABLE COAL AND OTHER MINERAL DEPOSITS.

Notwithstanding compliance with the foregoing requirements, all potential minable coal and other minerals shall be isolated from any possible communication through the annulus with oil-, gas- or waterbearing strata or deposits of other potential minable coal or other minable minerals. Pressure testing of casing as specified in Rule 0400-52-06-.02 and documentation of cementing as required in Rule 0400-52- 07-.01 shall constitute the minimum requirements for maintaining isolation through well integrity. In order to ascertain whether cementing has been effectively performed, the operator may elect to either run a cement bond log, or block squeeze each stratum or zone which is required to be isolated. If the cement bond log indicates a minimum of 25 feet of cement bond above the top and 25 feet of bond below the base of each stratum or zone to be isolated, then the provision of this rule shall have been complied with.

If such bonding is not shown by the bond log, the Supervisor may require the operator to perform the necessary work to assure the isolation of such above described strata zones.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-08 Directional Drilling (Transferred from 1040-02-08)

Tenn. Comp. R. & Regs. 0400-52-08-.01 LATERAL DEVIATION

(1) No operator shall drill a well in which the well bore deviates laterally a resultant distance greater than that determined by a 5 degree angle from a vertical line passing through the center of the surface location of the well bore, without running a directional survey. If the operator desires to directionally control and thereby intentionally deflect a hole from the vertical (whether more or less than 5 degrees and unless done to straighten the hole or to side-track junk in the hole or because of other mechanical difficulties) a letter of approval shall be first obtained from the Supervisor. Nothing herein shall be construed to permit the drilling of any well in such a manner that it crosses property lines.

(2) Whenever a well is deviated from vertical, the point at which the well bore intersects the producing formation (pool) shall be protected to the surface and become the location of the well in determining if it complied with the spacing rules.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-08-.02 INCLINATION SURVEYS

An inclination survey shall be made at the discretion of the Supervisor on all wells drilled with the first shot-point at a depth not greater than that of the surface casing seat and succeeding shot-points not more than 1,000 feet apart. Inclination surveys conforming to the requirements may be made either during the normal course of drilling or after the well has reached total depth. Such survey data shall be certified by the operator's representative and/or drilling contractor and shall indicate the resultant lateral deviation as the sum of the calculated lateral displacement determined between each inclination survey point, assuming that all such displacement occurs in the direction of the nearest property line. If a directional survey determining the bottom of the hole is filed with the Supervisor upon completion of the well, it shall not be necessary to furnish the inclination survey date. Except as otherwise specified herein, all inclination and/or directional survey data shall be filed along with Well History (Form CN-0221).

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-08-.03 DIRECTIONAL SURVEY

(1) A directional survey shall be run by a qualified contractor approved by the Supervisor and 2 certified copies thereof filed with the Supervisor on any well, if:

(a) The well is directionally controlled and is thereby intentionally deflected from the vertical; or

Rule 0400-52-08-.03, continued)

June, 2013 2 (b) The resultant level deviation as calculated from inclination survey data is a distance greater than the distance from the center of the surface location of the well bore to the nearest property or unit line and might violate the distance from property lines rule; or (c) The well bore deviates a resultant distance greater than that determined by a 5 degree angle from a vertical line passing through the center of the surface location of the well bore.

(2) The Supervisor, on his own initiative or at the request of an offset operator, shall have the right to require the operator to run a directional survey on any well if there is reasonable cause therefore. Whenever a survey is so required, and the operator of the well and the offset operator are unable to agree as to the terms and conditions for running such survey, the Supervisor, upon request of either, shall determine such terms and conditions, after notice to all interested parties and a public hearing.

(3) Unless required by the Supervisor, a directional survey shall not be required for any well which is not directionally controlled and thereby intentionally deflected from the vertical and which has a surface location, maximum angle of deviation and total depth, in compliance with the provisions of Chapters 0400-52-01 through 0400-52-12.

(4) The provisions hereof shall not alter or affect the minimum spacing provisions of Chapters 0400-52-01 through 0400-52-12.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-08-.04 HORIZONTAL DRILLING

(1) Wells drilled by horizontal methods shall comply with the following spacing requirements:

(a) For all oil wells, and for gas wells drilled to the top of the Conasauga Group, the surface trace of that portion of the well bore or any portion of the horizontal drainhole that penetrates the producing formation, including the horizontal drainhole end point, shall not be located closer than 330 feet from any property or unit line.

(b) For gas wells drilled below the top of the Conasauga Group, the surface trace of that portion of the well bore or any portion of the horizontal drainhole that penetrates the producing formation, including the horizontal drainhole end point, shall not be located closer than 660 feet from any property or unit line.

(d) All of the producing portion of the well shall be in compliance with the spacing requirements of this paragraph. The horizontal portion of the well is the formation of record for production.

(2) For all horizontal wells, the operator shall at a minimum cement the production casing from the first packer up to 100 feet inside the intermediate casing. Alternatively, the operator may utilize an appropriate packer at the bottom of the intermediate casing instead of cement.

Casing shall have an external collapse pressure rating to handle cement design from termination point to surface. If cement is used, the operator shall use cement with 500 psi compressive strength and have a minimum 8 hour wait, or until cement has adequately set.

The operator shall present all cement and casing designs on a specifications sheet with Permit Application for approval. A copy of cement tickets shall be kept on location to be viewed by the inspector until the drill rig is removed. When unknown or over pressured

Rule 0400-52-08-.04, continued)

June, 2013 3 conditions are encountered a 5000 psi rating on casing shall apply. The operator shall attach a copy of all cement tickets to the well history tickets and shall include all volumes and pressures of job from start to finish.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-09 Well Abandonment (Transferred from 1040-02-09)

Tenn. Comp. R. & Regs. 0400-52-09-.01 PLUGGING WELLS

(1) All wells which are to be plugged and abandoned may be filled with a mud fluid of sufficient weight to offset the hydrostatic pressure of any formation penetrated. Sufficient cement plugs shall be efficiently placed in number and properly located as to prevent the commingling of oil, gas, salt water, and fresh water from one zone to another, and to isolate potentially minable coal beds and seams and other potentially extractable minerals. All downhole plugs may be “felt for” to insure that they have been properly placed.

(2) The specific method and procedure for plugging a well shall be as follows:

(a) A mechanical plug, or a brush-and-stone plug, and a neet cement plug of not less than 25 feet in length shall be placed between each geologic group or formation.

(b) A mechanical plug, or a brush-and-stone plug, and a neet cement plug of not less than 50 feet in length shall be placed below the base of the surface casing. The plug shall be placed so that at least 25 feet of cement is below the base of the surface casing and extends up into the casing 25 feet.

(c) A mechanical plug, or a brush-and-stone plug, and a neet cement plug of not less than 25 feet shall be placed at the surface of the well. The surface casing shall be cut off below plow depth at the request of the landowner or when determined appropriate by the Supervisor or his representative.

(d) In a well with casing that does not seal off the ground water, a mechanical plug, or a brush-and-stone plug, and a neet cement plug shall be set 100 feet below the deepest known ground water strata. The cement plug shall be adequate in length to reach at least 10 feet into the casing.

(e) In an uncased well, a mechanical plug, or a brush-and-stone plug, and a neet cement plug shall be set at least 50 feet below the deepest ground water strata and extend up to the surface or just below plow depth if appropriate.

(f) The mechanical plug or the brush-and-stone plug method may be replaced by filling the well from total depth to the surface with cement, provided, however, that such method shall be either prescribed or approved by the Supervisor.

(g) If there is fluid in the well, a dump bailer or tubing may be used to place the cement in the well.

(h) If drill water or mud is present it may be used as filler between the plugs.

June, 2013 2 (i) If any casing has been installed in the well and has not been cemented to the surface the casing shall be pulled prior to the plugging of the well. If the casing cannot be readily removed the casing shall be shot and then pulled.

(3) Any other methods not defined above, but approved by the Supervisor, may be used.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-09-.02 INSPECTION

The Supervisor or his representative shall be given notice of intent to plug a well at least 12 hours prior to conducting such operation. The Supervisor or his representative may inspect the work of plugging and abandonment as it progresses, check the location and quality of plugs, check the amount of casing pulled, and check the demonstration of movement, if any, of oil, gas, or water. The operator shall submit a Plug and Abandon Report (Form CN-0217) covering the work performed to the Supervisor within 30 days after plugging and abandoning the well. This work may be observed by the Supervisor or his representative and that observance verified by his signature on the Plug and Abandon Report (Form CN- 0217).

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-09-.03 DELIVERABILITY TEST

Before any well shall be classified as a shut-in gas well, the operator shall furnish the results of a deliverability test. Such deliverability test shall be performed after the well has achieved a stabilized flow rate. If stabilization cannot be achieved, the maximum test period required is 24 hours. The results of the deliverability test shall be submitted on Gas Well Deliverability Tests (Form R-DT-1), and in the initial Production section of the Well History, Work Summary, and Completion or Recompletion Report (Form CN-0221), and shall be complete as to stabilized flow rate, hours tested, choke size, and pressure in order to demonstrate that a stabilized flow rate was achieved. A copy of the chart on which the deliverability is based shall also be submitted. All deliverability tests shall be conducted once every 3 years. The well shall remain shut-in in accordance with the requirements of Rule 0400-52-09-.06. In addition, a gas well may be considered shut-in if the well has been cemented with 4½ inch casing and submitted with a report signed by a petroleum engineer or geologist.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-09-.04 TIME LIMIT FOR PLUGGING WELLS

Except as provided in Rule 0400-52-09-.06, all wells drilled for oil and gas and found to be dry holes shall be plugged within 1 year from cessation of drilling. All wells that are non-producing or abandoned shall be plugged within 1 year from the date they cease producing 12 barrels of oil per year or 25 mcf of gas per month or are abandoned. Upon written request to the Supervisor showing good cause, an extension of up to 90 days additional may be granted. No operator or owner shall permit any well drilled for oil, gas, salt water disposal or any other purpose in connection with the production of oil and gas, to remain unplugged after such well is no longer used for the purpose for which it was drilled or converted. Nothing herein shall prevent utilizing a well for the purpose of introducing air, gas, fresh water or other liquid pressure into or upon the producing strata for the purpose of recovering oil and gas. All wells which are neither producing nor plugged shall comply with shut-in standards of oil and gas wells and shall be cased and capped in such a manner so as to protect all potential oil and/or gas zones, and fresh water in accordance with the requirements of Rule 0400-52-09-.06.

June, 2013 3

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-09-.05 SURFACE RECLAMATION

(1) Reclamation of well sites, oil or gas pipeline right-of-way, storage facility sites, and access roads.

(a) Except for active work areas, the operator shall drain and fill all surface pits that are not needed for production purposes, and shall grade and stabilize the well location and location road within 30 days of the initial disturbance, in order to minimize surface runoff and prevent excessive erosion and sedimentation. All drilling supplies and equipment, synthetic liners, trash, discarded materials and other refuse not contained and covered in the reclaimed pits shall be removed from the site. Temporary vegetative cover shall then be established on all graded areas.

(b) Within 90 days of the plugging and abandonment of any well, the operator shall remove all production and storage structure, supplies and equipment, any oil, salt water and debris, fill any remaining excavations, and grade any remaining disturbed areas, including access roads. Permanent vegetative cover shall then be established on all disturbed areas, excluding approved permanent, non-erosive facilities, and access roads which are to be turned over to the landowner. Any access roads necessary for the operator to gain access to the well site in order to determine the adequacy of the vegetative cover or to perform additional re-vegetation may continue to be used by the operator until all of the Board’s reclamation requirements have been met.

(c) Upon written request to the Supervisor showing good cause, an extension of up to 90 days additional may be granted to an operator to complete grading and/or vegetation of a well site or access roads.

(2) Re-vegetation - General Requirements.

(a) The operator shall establish, in accordance with paragraph (1) of this rule, on all surface disturbed areas except water areas and surface areas of access roads approved by the Supervisor as permanent roads, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is as follows:

Diverse, effective, and permanent;
Comprised of species approved by the Supervisor that shall not impede natural vegetative cover; and 3. Capable of long term stabilization of the soil surface from erosion.

(b) The reclamation plant species shall have the following:

The same seasonal characteristics of growth as the original vegetation;
Be capable of self-regeneration;
Be compatible with existing plant and animal species existing in the areas; and 4. Meet the requirements of applicable State and Federal seed, poisonous and noxious plant, and introduced species laws and/or regulations.

June, 2013 4 (c) Establishment of permanent vegetative cover shall conform with the standards set forth in the most recent version of the Tennessee Erosion and Sediment Control Handbook.

(d) The Supervisor may grant exceptions to the requirements of parts (b)1 and 2 of this paragraph when the species are necessary to establish a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved reclamation plan.

(3) Re-vegetation - Topsoiling, Mulching and Soil Amendments.

(a) Prior to the establishment of a permanent vegetative cover on disturbed areas where excavation activities have occurred, the operator shall replace the excavated topsoil or provide an approved topsoil substitute material suitable for supporting the long range re-vegetation goals.

(b) Suitable mulch and/or other soil stabilizing practice shall be used on all areas that have been regraded and covered by topsoil or topsoil substitutes unless the Supervisor waives this requirement based on a determination that seasonal, soil, or slope factors result in a condition whereby mulch or other stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetation cover.

(c) Nutrients and soil amendments shall be applied to the redistributed growth medium prior to re-vegetation when necessary to establish and maintain the vegetative cover.

(4) Diverse Vegetation Cover - Standards for Success.

(a) All previously disturbed and reclaimed areas shall be inspected by the Supervisor or his representative prior to final reclamation bond release in order to determine the level of success of permanent re-vegetation.

(b) Re-vegetation success shall not be determined until after at least two successfully completed spring or summer growing seasons have occurred.

(c) Standards for success shall be based on a ground cover of at least 90% consisting of herbaceous and/or woody species with a minimum of 80% being of perennial varieties.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-09-.06 TEMPORARY ABANDONMENT

(1) An operator has the opportunity to place any non-producing well into Temporary Abandonment for 5 years if all of the following requirements are fulfilled:

(a) The operator shall submit a Temporary Well Abandonment Information form (CN-1368) for each well to be placed in Temporary Abandonment. This form can be obtained from Water Resources/Oil and Gas Program.

(b) The operator shall submit a $100 fee for each well per year to be placed in Temporary Abandonment.

(c) Each well shall be capped in such a manner as to have no open casing exposed to the environment (i.e., swedge with locked ball-valve or any other viable protection). The operator shall conduct a well integrity test prior to placing a well into Temporary Abandonment, if no such test has been conducted within the prior 15 years and there has been no oil or gas production from the well in that same time period. Integrity June, 2013 5 testing shall at a minimum consist of either a Mechanical Integrity Test (MIT) on the casing, or a pressure test on the casing using tubing and and a packer to a minimum of 500 psi. Alternative well integrity confirmation methods, including annual pressure monitoring at the well head, may be accepted at the discretion of the Supervisor.

(d) Any well shown on the Annual Well Report (Form CN-1272) that indicates no production shall be placed in Temporary Abandonment status or plugged.

(e) All fees received for Temporary Abandonment shall be placed in an account that shall be set aside to be used only for funding the plugging of abandoned oil and gas wells.

(2) At the end of the five year Temporary Abandonment period, each well submitted by the operator shall be reviewed by the Department. A determination shall be made on the validity of keeping the well(s) open. This determination for validity shall be based on whether the operator has a deliverability test for each gas well or if the well is producing oil. If the staff finds there is no valid reason to keep the wells open, the operator shall then have two years to plug the non-producing well(s).

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-10 Filing of Well Data, Reports and Maps (Transferred from 1040-02-10)

Tenn. Comp. R. & Regs. 0400-52-10-.01 INFORMATION DUE DATE

The required well data and reports shall be tendered to the Supervisor within 60 days from the date of drilling to total depth of the well. This date is defined as the termination of continuous drilling operations.

The due date for information submitted may not be postponed by the expressed intent to resume operations at some future date.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-10-.02 INFORMATION REQUIRED

The following information is required within 60 days after drilling to total depth:

(1) Two final and unmarked prints of all electrical logs and other downhole surveys, if any. If no logs are run, then “NONE” should be entered in the “TYPE(S) OF GEOPHYSICAL LOGS RUN” section of the Well History Form (Form CN-0221).

(2) Driller’s log - a driller’s log shall be submitted in one of the following forms:

(a) On reverse side of Well History Form (CN-0221); or (b) On a separate typed sheet (one copy).

(3) Drilling-time log - One copy for all wells drilled with rotary tools.

(4) Drill-stem test - One final copy of any.

(5) Core analysis - One copy if available.

(6) Completion Report - one copy of Well History, Work Summary, and Completion or Recompletion Report (Form CN-0221) shall be completed, notarized and submitted for each well. All shows of oil and/or gas, water zones, and coal seams penetrated shall be reported on the reverse side of this form. If all the required information is not available at the end of the 60 day period the additional information shall be filed on a supplemental Form CN-0221 within 10 days after completion of the well.

(7) Samples and Cores-well cuttings are required at 10 foot intervals from the top of bedrock to total depth of each well, and shall be submitted to the Tennessee Office of Geology in Nashville according to the following guidelines if requested by the Supervisor:

June, 2013 2 (a) Well cuttings should arrive in sturdy containers, such as heavy cardboard boxes with sturdy bottoms. Burlap bags are acceptable, but plastic garbage bags are not.

(b) Well cuttings shall be completely dry when received.

(c) Each set of cuttings shall be in its own container. No two seats should be in the same box or burlap bag. If more than 1 container is required for a particular set of cuttings, this should be noted on all containers.

(d) Individual bags should be clearly marked and identified as to operator name, well name and number, permit number and interval. Each container shall be clearly marked with operator name, well name and number, permit number, and county.

(e) Bags should be marked with waterproof ink.

(f) Sets of well cuttings not meeting the requirements of subparagraphs (a) through (e) of this paragraph shall not be accepted by the Tennessee Office of Geology until those requirements are met. Cores which may be required by the Supervisor shall be submitted in adequate boxes clearly marked as to the name of the well and depth intervals.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-10-.03 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-10-.04 FIELD MAP

Persons or companies operating in a producing area shall furnish the Supervisor with a field map showing lease lines and well locations on request.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-10-.05 INFORMATION CONFIDENTIAL

Upon request by the permittee to the Supervisor, the aforementioned well information shall be kept CONFIDENTIAL by the Supervisor for a period not to exceed 6 months from the date of drilling to total depth of the well, as defined in Rule 0400-52-10-.01.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-10-.06 ANNUAL WELL REPORT

Operators shall file an annual report on each bonded well(s). The report shall include the well(s) name and number, permit number, location, current status of the well(s), any production for the past year, and future plans for the well(s). The annual report shall be due on the 15th of April each year. If the report is not received before May 1st, the well(s) shall be determined abandoned.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-11 Exceptions and Hearings (Transferred from 1040-02-11)

Tenn. Comp. R. & Regs. 0400-52-11-.01 PREVENTION OF WASTE

If any operator can show to the Supervisor that the work procedures herein prescribed result in waste, or such operations are unreasonable, the Supervisor may enter such an order, as a special exception to the aforesaid rules and regulations, as shall prevent such waste or eliminate such unreasonable restraint as may result from the application of the aforesaid rules and regulations to the well or wells of such operators; provided, however, that before any operator shall be allowed the benefit of any order granting an exception as authorized by this chapter, such operator shall establish that such exception, if granted, shall not result in waste in the field as a whole or give him an inequitable and unfair advantage over another operator or operators in the field. No special exception shall be granted except upon written application, fully stating the alleged facts, which shall be acted upon within 20 days after filing the application. At least 10 days prior to acting upon such application, the Supervisor shall give e-mail notice to all operators in the Field. In addition to said notice by e-mail, the applicant shall give adjacent operators, where appropriate, at least 10 days notice by personal service or by Certified Mail. If the Supervisor denies such a request, the operator may appeal to the Board and a contested case hearing shall be scheduled as soon as possible. The Supervisor shall send e-mail notice of such hearing to all operators in the Field at least 10 days prior to the hearing.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-52-12 Violations, Penalties, Notice, Hearing (Transferred from 1040-02-12)

Tenn. Comp. R. & Regs. 0400-52-12-.01 VIOLATIONS, PENALTIES, NOTICE, HEARING

(1) The Supervisor shall have the authority to assess monetary penalties as provided in paragraphs (3), (4), and (5) of this rule for any violation of this chapter, rules and regulations, or any order adopted by the Board. In making such assessment, the Supervisor shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the operator charged, the gravity of the violation, the good faith of the operator, and the operator's history of previous violations.

(2) If, upon an inspection or investigation, the Supervisor or his representative shall determine that any operator is not in compliance with any standard or regulation or rule of the Board promulgated by the Board pursuant to this chapter, he shall with reasonable promptness and in no event later than 6 months following the inspection, issue to the operator by certified mail a written citation that states the nature and, if appropriate, the location of the violation, including a reference to the provision of the chapter and the regulation alleged to have been violated. In addition, the citation shall fix a reasonable time for abatement of the violation. If the issuing Supervisor has reason to believe that such violation, or the failure to abate such violation, should result in the assessment of a penalty under paragraphs (3), (4), and (5) of this rule the citation may so state.

(3) Any operator who has received a citation of this chapter, rules and regulations or order of the Board, promulgated pursuant to this chapter, and has failed to correct such violation within the period of correction of this citation, shall be assessed a penalty of up to $1,000 for each day the violation exists. The period of correction may be suspended or lengthened by the assessing party upon a showing by the operator of a good faith effort to comply with the correction requirements, and that failure to comply with the correction requirements is due to factors beyond his reasonable control.

(4) Any operator who has received a citation for a violation of this chapter, or rules and regulations, or order of the Board and such violation is specifically determined not to be of a serious nature, may be assessed a penalty of up to $1,000 for each such violation.

(5) Any operator who willfully or repeatedly violates the requirements of this chapter, or rules and regulations, or order of the Board promulgated pursuant to this chapter may be assessed a penalty of up to $10,000 for each violation.

(6) Penalties provided for by paragraphs (3), (4), and (5) of this rule shall be imposed in the manner hereinafter provided. Whenever the Board, through the Supervisor, has determined that such a penalty should be assessed against an operator, a written notice and assessment of a penalty shall be issued to the operator by certified mail, return receipt requested, stating the amount of the penalty to be assessed and the reason therefore (which may be done by reference to citations issued prior to or simultaneously with such notification).

June, 2013 2 (7) Any citation or notice and assessment of a penalty issued pursuant to this rule shall inform the operator of his rights to appeal such citation or assessment of a penalty to the Board.

Any such citation or notice shall become final 20 days after the receipt of such citation or notice and assessment of penalty by the operator unless the operator, within the period of 20 days, shall file a written notice of appeal with the Supervisor.

(8) If the operator files an appeal of such citation or assessment of a penalty as provided by paragraph (7) of this rule, the proceedings on such appeal shall be conducted in accordance with the provisions of the Uniform Administrative Procedures Act, as amended, compiled in Title 4, Chapter 5, and the rules of procedure of the Oil and Gas Board governing the conduct of contested cases. The Board shall afford the operator an opportunity for a hearing, after reasonable notice, The Board shall thereafter render a final order, in accordance with the provisions of § 4-5-314, affirming, modifying or vacating the Supervisor's citation or assessment of a penalty. A final order rendered pursuant to this rule shall be effective upon its entry unless a later effective date shall be stated therein. A petition to stay the effective date of a final order may be filed under the provisions of § 4-5-316. A petition for reconsideration of a final order may be filed under the provision of § 4-5-317. Judicial review of a final order may be sought by filing a petition for review under the provisions of § 4-5-322.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-52-12-.02 RED TAGGING OF WELLS

If, upon an inspection or investigation, the Supervisor or any of his authorized personnel shall determine that a well or tank battery is not in compliance with any standard or regulation or rule or order of the Board promulgated by the Board pursuant to this chapter, he shall with reasonable promptness and in no event later than 5 working days following the inspection, place a "red tag" (NOTICE THIS WELL CLOSED - Form CN-0110) on the well or tank battery, which notice shall state that drilling or plugging of the well or any further production of oil and gas from the well or tank battery is hereby ordered to be terminated until approval to proceed has been granted by the Supervisor. The notice shall further indicate the nature of the violation or threatened violation, including a reference to the provision of the chapter and the

regulation which has been violated.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

0400-53 Oil and Gas Program (Testing and Completing Wells For Production) (Transferred from 1040-03)

Chapter 0400-53-01 Completion, Recompletion, and Related Downhole Work (Transferred from 1040-03-01)

Tenn. Comp. R. & Regs. 0400-53-01-.01 TIME LIMIT FOR WELL COMPLETION

All wells drilled in connection with the production of oil and gas, unless plugged in accordance with well abandonment procedures as stated in Chapter 0400-52-09, shall be completed within 1 year from cessation of drilling unless the operator is following the procedures outlined in Rule 0400-52-09-.06 Temporary Abandonment.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-01-.02 NOTIFICATION FOR RE-ENTRY

Notification to the supervisor is required prior to conducting work for the purpose of deepening a well pursuant to producing oil and/or gas.

The operator shall notify the Supervisor 24 hours in advance of conducting this proposed operation.

This rule shall not deter an operator from taking immediate action in an emergency to prevent damage when a service company, other than the drilling contractor, performs any work germane to this rule. The service company shall furnish the operator, and the operator upon request shall furnish the Supervisor with legible and exact copies of reports furnished the owner or operator of the well.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-01-.03 REPORT FILING

The operator shall file a Well History, Work Summary and Completion or Recompletion Report (Form CN- 0221) with the Supervisor within 60 days after completing, recompleting or working over a well pursuant to producing oil and/or gas. Wells shall be considered completed when they are capable of being turned into the tanks and/or gas transmission or gathering lines. Well history information shall include the actual materials and volumes used to fracture, the amounts and concentrations of any additives used, the amount of wastewater generated, and the method of disposal of wastewater, for the purpose of making this information easily available to the public.

(1) Required disclosures. In the case of any well fractured using a cumulative total of greater than 200,000 gallons of water-based liquids, the following shall apply:

(a) Vendor and service provider disclosures. Service providers who perform any part of a hydraulic fracture using greater than 200,000 gallons of water based liquids and vendors who provide hydraulic fracturing additives directly to the operator for such a June, 2013 2 hydraulic fracture shall, with the exception of information claimed to be a trade secret, furnish the operator with the information required by subparagraph (b) of this paragraph., as applicable. Such vendors and service providers shall provide this information as soon as possible within 30 days following the conclusion of the fracturing activity and in no case later than 90 days after the commencement of the fracturing activity.

(b) Operator disclosures. Within 60 days following the conclusion of a hydraulic fracture using greater than 200,000 gallons of water-based liquids, and in no case later than 120 days after the commencement of such hydraulic fracturing activity, the operator of the well shall complete the chemical disclosure registry form and post the form on the chemical disclosure registry, including:

the operator name;
the date of the hydraulic fracture;
the county in which the well is located;
the API number for the well;
the well name and number;
the longitude and latitude of the wellhead;
the true vertical depth of the well;
the total volume of water used in the hydraulic fracturing of the well or the type and total volume of the base fluid used in the fracturing, if something other than water;
each hydraulic fracturing additive used in the hydraulic fracturing fluid and the trade name, vendor, and a brief descriptor of the intended use of function of each hydraulic fracturing additive in the hydraulic fracturing fluid;
each chemical intentionally added to the base fluid;
the maximum concentration, in percent by mass, of each chemical intentionally added to the base fluid; and 12. the chemical abstract service number for each chemical intentionally added to the base fluid, if applicable.

(c) If the vendor, service provider, or operator claim that the specific identity of a chemical, the concentration of a chemical, or both the specific identity and concentration of a chemical is/are claimed to be a trade secret, the operator of the well shall so indicate on the chemical disclosure registry form and, as applicable, the vendor, service provider, or operator shall submit to the Supervisor a Claim of Entitlement Form notifying the Supervisor that the specific identity of a chemical, the concentration of a chemical, or both is being withheld as a trade secret. The operator shall nonetheless disclose all information required under subparagraph (b) of this rule that is not claimed to be a trade secret. If a chemical is claimed to be a trade secret, the operator shall also include in the chemical registry form the chemical family or other similar descriptor associated with such chemical.

June, 2013 3 (d) Unless the information is entitled to protection as a trade secret, information submitted to the Supervisor or posted to the chemical disclosure registry is public information.

(e) Inaccuracies in information. A vendor is not responsible for any inaccuracy in information that is provided to the vendor by a third party manufacturer of the hydraulic fracturing additives. A service provider is not responsible for any inaccuracy in information that is provided to the service provider by the vendor. An operator is not responsible for any inaccuracy in information provided to the operator by the vendor or service provider.

(f) Disclosure to health professionals. Vendors, service companies, and operators shall identify the specific identity and amount of any chemicals claimed to be a trade secret to any health professional who requests such information in writing if the health professional provides a written statement of need for the information and executes a confidentiality agreement. The written statement of need shall be a statement that the health professional has a reasonable basis to believe that (1) the information is needed for purposes of diagnosis or treatment of an individual, (2) the individual being diagnosed or treated may have been exposed to the chemical concerned, and (3) knowledge of the information will assist in such diagnosis or treatment. The confidentiality agreement shall state that the health professional shall not use the information for purposes other than the health needs asserted in the statement of need, and that the health professional shall otherwise maintain the information as confidential. Where a health professional determines that a medical emergency exists and the specific identity and amount of any chemicals claimed to be a trade secret are necessary for emergency treatment, the vendor, service provider, or operator, as applicable, shall immediately disclose the information to that health professional upon a verbal acknowledgment by the health professional that such information shall not be used for purposes other than the health needs asserted and that that health professional shall otherwise maintain the information as confidential. The vendor, service provider, or operator, as applicable may request a written statement of need, and a confidentiality agreement from all health professionals to whom information regarding the specific identity and amount of any chemicals claimed to be a trade secret was disclosed, as soon as circumstances permit. Information so disclosed to a health professional shall in no way be construed as publicly available.

(2) Disclosures not required. A vendor, service provider, or operator is not required to:

(a) disclose chemicals that are not disclosed to it by the manufacturer, vendor, or service provider;

(b) disclose chemicals that were not intentionally added to the hydraulic fracturing fluid; or (c) disclose chemicals that occur incidentally or are otherwise unintentionally present in the trace amounts, may be the incidental result of a chemical reaction or chemical process, or may be constituents of naturally occurring materials that become part of a hydraulic fracturing fluid.

(3) Trade secret protection. Vendors, service companies, and operators are not required to disclose trade secrets to the chemical disclosure registry or in the Well History Report. If the specific identity of a chemical, the concentration of a chemical, or both the specific identity and concentration of a chemical are claimed to be entitled to protection as a trade secret, the vendor, service provider or operator may withhold the specific identity, the concentration, or both the specific identity and concentration of the chemical, as the case may be, from the information provided to the chemical disclosure registry or in the Well History Report, in the manner provided by paragraph (1) of this rule.

June, 2013 4 (a) The vendors, service providers, or operators, as applicable, shall provide the specific identity of a chemical, the concentration of a chemical, or both of a chemical claimed to be a trade secret to the Board upon request from the Supervisor stating that such information is necessary to respond to a spill or release or a complaint from a person who may have been directly and adversely affected or aggrieved by such spill or release. Upon receipt of a written statement of necessity, such information shall be disclosed by the vendor, service provider, or operator, as applicable, directly to the Supervisor or his representative and shall in no way be construed as publicly available.

(b) The Supervisor or his representative may disclose information regarding the specific identity of a chemical, the concentration of a chemical, or both the specific identity and concentration of a chemical claimed to be a trade secret to additional Department staff members to the extent that such disclosure is necessary to allow the Department staff member receiving the information to assist in responding to the spill, release, or complaint, provided that such individuals shall not disseminate the information further.

In addition, the Supervisor may disclose such information to any Board Member, the relevant county public health director or emergency manager, or to the Tennessee Department of Public Health or the Tennessee Department of Environment and Conservation Directors upon request by that individual. Any information so disclosed to the Supervisor, a Department staff member, a Board Member, a county public health director or emergency manager, or to the Tennessee Department of Public Health or the Tennessee Department of Environment and Conservation Directors shall at all times be considered confidential and shall not be construed as publicly available. The Tennessee Department of Public Health and the Tennessee Department of Environment and Conservation Directors, or his or her designee, may disclose such information to their respective staff members under the same terms and conditions as apply to the Supervisor.

(4) Any party who is adversely affected by a claim of trade secret that the party believes to be improper may file an action for damages pursuant to T.C.A. § 60-1-403 or for injunctive relief pursuant to T.C.A. § 47-25-1703(c).

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-01-.04 GAS/OIL RATIO TESTS

(1) All oil wells drilled shall be equipped so that gas/oil ratios can be taken at any time.

Production and gas/oil ratio tests shall be made when requested by the Supervisor, and shall be witnessed by the Supervisor or his representative.

(a) Gas production potential tests shall be made on the Gas Well Deliverability Tests (Form R-DT-1) and submitted as prescribed above to the Supervisor, and conducted every three years until the well is plugged and abandoned when requested by the Supervisor.

(b) Gas wells shall not be tested by the "open-flow" method. The back-pressure method of determining the open-flow, as outlined by the Bureau of Mines in their Monograph 1, "Back-Pressure Data on Natural Gas Wells”, shall be used. When for any reasons, the completed back-pressure method is not feasible, an acceptable method, not entailing excessive physical waste of gas may be used upon recommendation of the Department.

June, 2013 5 (d) In the event any operator considers that, for the purpose of determining field allowable, his well has not had a fair determination of its gas/oil ratio, or that its gas/oil ratio has changed because of natural causes or corrective work on his well, he may make application in writing to the Supervisor for a re-test or a special test of the gas/oil ratio of his well, and for an adjustment of his well if applicable. If, upon re-testing a well, the Supervisor finds that the new gas/oil ratio justifies a change in the allowable, he is authorized to make such change.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-01-.05 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-01-.06 GAS COMPOSITION ANALYSIS

Gas Composition Analysis shall be completed and submitted to the Supervisor within 60 days after the Supervisor requests such data.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-01-.07 BOTTOMHOLE PRESSURE TESTS

Bottomhole Pressure Tests shall be conducted and submitted to the Supervisor within 60 days after the Supervisor requests such data.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-01-.08 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-01-.09 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-53-02 Tubing and Well Equipment (Transferred from 1040-03-02)

Tenn. Comp. R. & Regs. 0400-53-02-.01 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-02-.02 CONNECTIONS

(1) When requested by the Supervisor or his representative, wellhead connections shall be tested prior to installation at a pressure indicated by the Supervisor in conformance with conditions existing in areas in which they are used.

(2) Whenever such tests are made in the field, they shall be witnessed by the Supervisor.

(3) Tubing and tubingheads shall be free from obstructions in wells used for bottomhole pressure test purposes.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013.

Tenn. Comp. R. & Regs. 0400-53-02-.03 SEPARATORS

All flowing and gas-lift oil wells are to be produced through efficient operating separators, except in the case of low-pressure headings or gas-lift wells with low-gas output (less than 100 lbs. surface pressure).

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-02-.04 SAFETY VALVES

(1) A safety valve is required on all flowing wells, with a surface pressure in excess of 1,000 pounds in the following categories.

(a) Any location inaccessible during period of storm or floods.

(b) Location within any wildlife refuges, parks or game preserves, or bodies of water used for recreation or navigation.

(c) Location within 600 feet of public roads or waterways, railroads, inhabited dwellings, or closer than 1,000 feet to any school or church.

(2) Where the use of safety valves would unduly interfere with normal operations of a well, the Supervisor may, upon submission of pertinent data in writing, waive the requirements of this rule.

June, 2013 2

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-53-03 Prevention of Hazards and Pollution (Transferred from 1040-03-03)

Tenn. Comp. R. & Regs. 0400-53-03-.01 SAFETY

(1) Each operator shall so conduct his operations and maintain his equipment as to reduce to a minimum the danger of explosion, fire, or waste.

(2) All tests for production should be started and completed during daylight hours unless approval is obtained by the Supervisor.

(3) No boiler, open fire, or electric generator shall be operated within 100 feet of any producing oil or gas well or oil tank.

(4) Any rubbish, debris, or vegetation that might constitute a fire hazard shall be removed to a distance of at least 100 feet from the vicinity of wells to be tested.

(5) All waste shall be disposed of in such a manner as to avoid creating a fire hazard or polluting streams and fresh water strata.

(6) No test oil, condensate, salt water, or any other fluid substance shall be discharged to or disposed of in any way into any stream, lake, or other body of water, or into any ditch or surface drainage depression leading to any stream, lake, or other body of water, except in compliance with the Water Quality Control Act T.C.A. §§ 69-3-101 et seq. and the regulations of the Board of Water Quality, Oil and Gas, Chapter 1200-04-03.

(7) All wells shall have the equipment and containers or lined pits necessary to prevent the spillage of oil, condensate, water, or any other fluids or substances produced or used during any production test. The equipment shall be in place prior to the start of the production test, and shall be large enough to contain any plausible spill.

(8) All wells shall be cleaned into a pit or tank, located at a distance of at least 100 feet from any fire hazard or dwellings. If it seems likely that a pit will overflow, additional pits shall be constructed, or else tanks shall be brought in to contain the surplus fluids.

(9) No oil or gas well shall be drilled closer than 200 feet from a dwelling or closer than 100 feet from a state highway or county road.

(a) That portion of this regulation concerning distance from a dwelling may be waived by the Supervisor upon submission of a notarized statement by the dwelling owner agreeing to the well location.

(10) No oil or gas well shall be drilled within 200 feet of any water well that is in active use. This requirement may be waived by the Supervisor upon submission of a notarized statement from the well owner agreeing to the location of the oil or gas well and a plan identifying the additional measures to be taken to prevent pollution of the water well.

June, 2013 2 (11) No oil or gas well shall be drilled within 100 feet of any stream, lake, or other body of water, so that an undisturbed riparian zone can be maintained, except that this requirement may be waived upon submission of a plan identifying additional measures acceptable to the Supervisor to be taken to prevent pollution of the waters of the State. No oil or gas well shall be drilled within 330 feet of any water body designated as an Outstanding National Resource Water (ONRW).

(12) The siting of wells, pits, or storage facilities in wetlands or in flood-prone areas (as indicated by the observed high water mark) of a stream is prohibited.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-53-03-.02 ENVIRONMENT

(1) All personnel, including operators and service personnel shall be trained in the prevention of spills and made aware of the consequences of spillage. There shall be a Site Coordinator designated for each well site who shall be the principle contact for all activities on the location and the responsible party for submitting an action and safety plan for each well site. The action plan shall include contingency measures to mitigate and minimize the risk of failure, spills, or releases due to unplanned events. Site Coordinators shall be certified by completing the Tennessee Site Coordinator Training Course. Equivalent training credentials may be temporarily accepted at the Supervisor’s discretion until such time as the course certification can be obtained.

(2) Operators shall implement necessary procedures and safeguards during drilling and completion operations to prevent the uncontrolled flow of oil from wells, including, but not limited to:

(a) Follow reasonable procedures such as cleaning and lubricating pipe threads so that pipe can be made up to proper tightness.

(b) Lay flow and test lines on ground or install adequate supports for crossing streams and drainways with the lines.

(c) At truck loading terminals, provide containers to catch unrecoverable oil at the hose connections, and provide proper maintenance of valves and other equipment. Train personnel to take necessary procedures to prevent spillage.

(d) During completion operations, produce and clean wells into tanks instead of pits if at all possible.

(e) At the same time that any pits or other diversion, transport, or storage facilities are constructed at ground level, dikes, diversion ditches, or other structures shall also be constructed to prevent any surface water from entering the pits or other facilities.

(f) Remove oil, salt water, or other fluids from pits as soon as practical after it has accumulated in them, and dispose of it in such a way that none can enter surface water or ground water, or otherwise adversely affect the environment or threaten public health and safety. Uncontaminated fresh water (free of salt, hydrocarbons or other potential pollutants) produced during drilling operations may be land applied on site.

(g) All pits or other diversion, transport, or storage facilities shall be constructed so that waste fluids do not discharge from them. There shall be no discharge pipe, overflow weir, trickle tube, or any other device allowing any discharge. The operator is responsible for maintaining adequate storage capacity at all times. No pit shall be June, 2013 3 located so that any part of it, including a dike or diversion structure, is within a horizontal distance of 100 feet of the normal high-water line of any stream or lake. All pits shall be lined using a synthetic liner of at least 10 mil thickness. If a rocky or uneven surface is encountered in pit construction, sand or sandy material shall be placed below the liner sufficient to protect the liner from damage. The synthetic liner shall be protected from deterioration, punctures, or other activity that may damage the integrity of the liner. As an alternative, compacted clay liners or other equivalent measures may be used at the discretion of the Supervisor. In areas where groundwater is close enough to the surface that it will be encountered in construction of a pit, pits shall be constructed above ground, or the operator shall use a closed-loop system.

(h) Containment at tanks shall equal at a minimum the storage capacity of 1½ times the capacity of the largest tank in the tank battery.

(i) All tanks shall be maintained to prevent corrosion which can lead to both fluid loss from the vessel and accelerated reduction in its useful life span.

(j) To prevent fire hazard, all tank batteries and tanks shall be kept free of brush or overgrowth within the berm surrounding the tank or tanks.

(k) Dikes and ditches designated in subparagraphs (e) and (g) of this paragraph should be constructed in a manner to accommodate permanent facilities such as pumping units and flow lines.

(l) Provide dikes and/or containment pits at storage tanks upon initial installation where such tanks are so located as to be deemed hazardous. If containment pits are to be used, they should be constructed according to the guidelines set forth in Rule 0400-54- 01-.05.

(3) The following additional requirements shall apply to mud and reserve pits.

(a) The operator shall indicate in the drilling application that mud and/or reserve pits are to be constructed. The application shall include at a minimum the size and configuration of the pits, the liner to be used, the type of fluid system and drilling fluids to be used, and the method of disposal of all drilling fluids used at the site.

(b) Mud circulation and reserve pits shall be constructed with a synthetic liner of at least 20 mil thickness, with a 4 inch welded seam overlap, completely covering the pit bottom and inside walls. Other materials and methods used for liner construction must be approved by the Supervisor prior to use.

(c) Mud circulation and reserve pits shall be constructed and operated with a minimum of 2 feet of freeboard, and shall be designed so that only runoff from the immediate work area may enter the pit. Pits constructed above ground with bermed side walls shall be constructed with a minimum of 2:1 side slopes on both interior and exterior walls. The top of the bermed walls must be a minimum of 2 feet wide.

(d) Closed loop systems may be used for mud and circulation, and must be maintained in a leak-free condition.

(4) Operators shall implement prudent production operations to prevent potential oil spills, including, but not limited to:

(a) Connect fill lines to storage tanks so that oil and gas shall not spray into the atmosphere.

June, 2013 4 (b) Install "equalizer" lines between adjacent tanks as a safeguard against overflow.

(d) Pump contaminated unsalable residual oil from storage tanks into an accumulator tank instead of open pits.

(e) Place locks, remove handles, or otherwise secure all valves, so vandals cannot open them to cause spills.

(5) The Supervisor should notify all oil industry related companies, including operators, service companies, drilling contractors, and crude oil gatherers and purchasers of their responsibility and liability in regard to oil spills. In the case of a spill of oil, saltwater, or other drilling or production associated materials, the operator shall contact the Supervisor or his representative within 12 hours upon knowledge of the spill.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

0400-54 Oil and Gas Program (Production) (Transferred from 1040-04)

Chapter 0400-54-01 Pollution and Safety Controls (Transferred from 1040-04)

Tenn. Comp. R. & Regs. 0400-54-01-.01 OPERATOR’S RESPONSIBILITY

Each operator shall so conduct his operations and maintain his equipment as to reduce to a minimum the danger of explosion, fire, or waste.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-01-.02 PROPER HANDLING OF DRILLING FOAM

When it becomes necessary to use detergents during air-rotary drilling operations, the foam generated by such activity shall be directed into a containment pit and retained there until it has been degraded to a harmless form.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-01-.03 PROPER DISPOSAL OF WASTE

No waste oil, oil field waste, or any other fluid substance shall be discharged to or disposed of in any way into any stream, lake, or other body of water, or into any ditch or surface drainage depression leading to any stream, lake, or other body of water, except in accordance with a discharge permit obtained from the Department. No solid waste, including but not limited to contaminated soils at a well site, shall be disposed of except as allowed by the Solid Waste Disposal Control Act T.C.A. §§ 68-211-101, et seq.

Any Naturally Occurring Radioactive Material (NORM) or Technically Enhanced Naturally Occurring Radioactive Material (TENORM) produced at a well site shall be disposed of in accordance with the Tennessee State Regulations for Protection Against Radiation, Chapter 0400-20-05.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-01-.04 REMOVAL OF DEBRIS

Any rubbish or debris that might constitute a fire hazard shall be removed to a distance of at least 100 feet from the vicinity of wells, tanks and pump stations.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-01-.05 CONTAINMENT PIT AT TANK BATTERIES

A containment pit is required at each permanent oil tank or battery of tanks, and such pits shall be surrounded by a retaining wall or suitably ditched to a collecting sump, each of sufficient capacity and construction to contain potential spillage. No oil tank or battery of tanks shall be located closer than 50 feet from any state highway or county road CONSTRUCTION DETAILS FOR TANK PAD AND PIT

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013. Amendments filed September 16, 2019; effective December 15, 2019.

Tenn. Comp. R. & Regs. 0400-54-01-.06 VENTS REQUIRED

All storage facilities shall be vented.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-01-.07 IMPROPER LOADING

Oil transporters and producers shall not load oil from oil storage facilities into vehicles parked on public roads.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-01-.08 GATHERING LINES

All gathering lines shall be buried beneath the surface wherever no blasting is required, and shall be steel or weather resistant black plastic wherever outcropping, resistant rock makes it necessary to lay the pipe on top of the ground. Lines crossing streams, rivers, intermittent streams or other drainways shall be constructed in such a fashion as to bridge the drainage features and protect the gathering lines from damage due to lack of adequate support. Failure of support may result in rupture of or discharge from the line. If the line is to be installed below the stream bed or below ground level and shall cross state waters an Aquatic Resources Alteration Permit shall be obtained prior to the activity occurring. Burial is not required, however, in those instances where this would conflict with the Natural Gas Pipeline Safety Act and rules at 40 CFR Part 192.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-01-.09 IMPROPER CASING

All producing wells that are not properly cased and/or cemented shall cease production. The operator is required to perform corrective work before production can be resumed.

History

Authority: T.C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-01-.10 DISPOSAL OF SALT WATER

(1) Underground injection is the preferred form of disposal of salt water, provided, however, that such injection is permitted by appropriate State and Federal agencies.

(2) Produced salt water may either be injected into a subsurface formation(s) productive of hydrocarbons, if part of an approved secondary recovery project, into a subsurface formation(s) not productive of hydrocarbons, if through an approved salt water disposal well, or else may be transported off-lease to an authorized salt water disposal facility if prior approval has been granted by the Department.

(3) Produced salt water shall not be put in any unlined pit, pond, lake or depression, or in any other place in a manner that shall constitute a pollution hazard to the waters of the State including ground water.

(4) No salt water or fracturing liquids shall be discharged to or disposed of at the land surface where they can enter surface water or ground water, unless such discharge is permitted by appropriate State and Federal agencies. Salt water or fracturing liquids discharged to and temporarily stored in lined pits shall be removed before they can leak into underground water.

(5) All pits or ditches used for temporary storage or transport of salt water shall be lined with an impermeable man-made liner in accordance with the liner requirements specified in subparagraph (2)(g) of Rule 0400-53-03-.02.

History

Authority: T. C.A §§ 4-5-201, et seq. and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-54-02 Procedures and Equipment for Metering, Measuring and Producing Oil Condensate and Gas (Transferred from 1040-04)

Tenn. Comp. R. & Regs. 0400-54-02-.01 GAS/OIL RATIOS EQUIPMENT

All leases are to be so equipped as to permit the determination of gas/oil ratios on individual flowing and gas-lift wells. Gas/oil ratio data on all wells shall be available to the Supervisor at all times.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.02 GAUGING

Each lease shall be provided with sufficient tankage and/or meters to permit proper gauging of the oil/condensate and gas produced. The tanks or meters shall be identified by a sign showing the ownership of the tanks or meters and the name of the lease from which the oil/condensate or gas is being produced. In no case shall meters be the sole means of measuring oil runs from any field. There shall be used at least one gauge tank to check the readings of oil and condensate meters.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.03 TESTING

All oil tendered to any transportation system shall be gauged and tested for Basic Sediment and Water and temperature. For each and every transfer of oil from the lease tanks the number of the "on-seal" observed temperature and the percent of Basic Sediment and Water shall be recorded on each and every run ticket, and the producer and purchaser of any transfer of oil from lease tanks shall receive a copy of the run or delivery ticket or tickets.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.04 IMPROPER TRANSFER

There shall not be any simultaneous movement of oil into and out of any tank that is being used for delivering oil to a gatherer or transporter. Transfer of oil or gas from the possession of one lease to the possession of another lease, except when properly accounted for, is hereby prohibited. The possession of improper mechanical means for transferring oil from one lease tank or well to the lease tank or well of another lease is hereby prohibited.

June, 2013 2

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.05 LEASE TANK OUTLETS

All pipeline outlets from lease tanks shall be kept sealed at all times except when a pipeline is being made from the tank, and the number of the "on-seal" and "off-seal" shall be recorded on each and every run ticket. Additionally, all pipeline outlets from lease tanks shall be made secure to prevent the unauthorized discharge or transfer of oil.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.06 BLEED-OFF LINES

Basic Sediment and Water bleed-off lines of lease tanks shall be sealed or locked at the time any pipeline run is being made.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.07 COMMINGLING PROHIBITED

Oil produced from separately owned leases, not pooled, unitized, or consolidated shall not be commingled in lease tanks except as hereinafter provided for in this order.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.08 REQUIRED TEST LINES

Reserved.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.09 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.10 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.11 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013. June, 2013 3

Tenn. Comp. R. & Regs. 0400-54-02-.12 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.13 BASIC ORIFICE COEFFICIENTS

Basic orifice coefficients used in the calculation of gas flow shall be those contained in the American Gas Association's Gas Measurement Committee Report No. 3 or some other basic orifice coefficients generally accepted in the industry and approved by the Supervisor, such as those published by the Foxboro Company, American Meter Company, and Pittsburg Equitable Meter Company. Corrections for base pressure and base temperature shall be made. Corrections for supercompressibility are recommended when available. Corrections for Reynolds number and expansion factor are recommended only in cases where their combined correction is equal to or exceeds 1%.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.14 PILOT TUBES

Gas measurements with Pilot Tubes shall be based on Reid's formula and shall follow recommendations similar to those set forth in Appendix 4 of the Bureau of Mines Monograph 7. Corrections for base pressure and base temperature shall be made as in orifice measurements.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-02-.15 GAS MEASUREMENTS

Gas measurements with orifice well tests shall follow recommendations similar to those set forth in Bulletin No. E-7 of the American Meter Company. Corrections for base pressure and base temperature and gravity shall be made as in orifice measurements.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-54-03 Requirements for Reporting the Volume and Disposition of Oil and Gas Produced (Transferred from 1040-04)

Tenn. Comp. R. & Regs. 0400-54-03-.01 TIME REPORTS

The length of time reports and other pertinent data, covered by this chapter, shall be kept on file by the operators and available for inspection by the Supervisor or members of his staff, for not less than a period of 3 years.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.02 MONTH DEFINED

A “month” and “calendar month” shall mean the interval of time from 7:00 a.m. on the first day of any month of the calendar to 7:00 a.m. of the first day of the next succeeding month of the calendar.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.03 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.04 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.05 REPORTING-PRODUCERS

Each producer of oil and such producer of condensate from a gas well, where produced in liquid form at the wellhead by ordinary production methods or as Calculated Theoretical Condensate, defined as the amount of condensate (allocated back to lease) that normally would be separated by conventional methods from natural gas well volumes flowing full stream directly to a plant without any condensate separation having been made at lease or a plant, shall furnish for each year an Annual Well Report (Form CN-1272) pursuant to Rule 0400-52-10-.06 setting forth complete information and data indicated by such reports respecting oil produced from every lease operated by said producer and respecting condensate produced from gas wells at the wellhead in liquid form by ordinary production methods from each lease June, 2013 2 operated by said producer.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.06 MONTHLY REPORTING-TRANSPORTERS

Each transporter of oil and condensate shall furnish for such calendar month a Transporter’s and Storer’s Monthly Report for Crude Oil and/or Condensate (Form CN-0229) containing complete information and data indicated by such form including the quantity of oil removed from each lease and permit numbers of producing wells on each lease.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.07 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.08 REPORT FILING

The transporter’s and storer’s reports for each month shall be prepared and filed according to instructions on the form, on or before the 25th day of the next succeeding month.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.09 COMPUTING METHOD

All quantities included in the reports provided for in this chapter shall be reported in barrels computed from 100% tank tables and based upon actual physical gauges.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.10 REPORT VERIFICATION

All reports provided for in this chapter shall be verified by affidavit in the form or forms indicated; any reports not so verified shall not be taken as filed in compliance with this chapter.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.11 MONTHLY REPORT-GAS

All gas produced within the State of Tennessee, excepting gas vented from stripper wells, shall be reported on the Annual Well Report (Form CN-1272) and Monthly Gatherer’s and/or Transporters Natural Gas Report (CN-0244). Every producer shall complete the Annual Well Report (Form CN-1272) pursuant to Rule 0400-52-10-.06. Every transporter shall complete Form CN-0244. The transporter thus required to report, shall execute under oath and file in the manner hereafter directed on or before the last day of each month, Form CN-0244, setting forth fully the data and information indicated by such form, which shall be completed as to data covering the calendar month next preceding the date of filing.

June, 2013 3

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.12 MONTHLY REPORT-PLANT

Each operator of a gasoline plant, cycling plant, or any other plant at which gasoline, butane, propane, condensate, kerosene, oil or other liquid products are extracted from natural gas, shall be furnished for each calendar month. Such report for each month shall be prepared and filed before the last day of each month.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-03-.13 REPORT-GAS GATHERERS

Gas gatherers shall report the amounts of gas handled and disposed of on Monthly Producers Natural Gas Report (Form CN-0239). The gas which he has produced in the field shall be reported on Form CN- 0239, under the section of the report entitled “Production.” The gas gathered in the same field along with gas which he has gathered in nearby fields and transported to that field shall be reported on the same form, under the section entitled “Acquisitions.” He shall indicate in this section the company from whom the gas was received, the field from which this gas was produced, and the amount of gas received. In the event the gatherer has produced no gas in the field from which he is gathering, then he shall indicate in the Production Section of Form CN-0239 that he has no gas production. His acquisition in that field shall be listed in the Acquisitions section.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-54-04 Ratable Take (Transferred from 1040-04)

Tenn. Comp. R. & Regs. 0400-54-04-.01 TAKING OIL AND GAS RATABLY

(1) It is required that oil and gas be taken ratably from wells producing from a common pool. The application of vacuum at the wellhead of a well, or upon any gas or oil-bearing reservoir is prohibited, except on application, notice and hearing. A copy of the application and notice of hearing shall be mailed by certified mail to each offset operator within 5 days after the application is filed. Wherever authority is granted to impose a vacuum, a continuous record thereof shall be kept by the operator as required by the order authorizing same. The record shall be made available to the Board on request. Should any operator, or a person with financial interest feel that oil and gas is not being taken ratably from well or wells in which he participates, then he may make that fact known through application for a public hearing and present and exhibit appropriate technical data to demonstrate such positions to the Board. A decision shall be made by the Board provided the applicant complies with the rule governing said hearings.

(2) At a minimum, consideration of approval for use of a vacuum pump shall include the following:

(a) A comprehensive presentation of the information pertinent to the request;

(b) Well histories of the well in question and surrounding wells;

(d) 7½ minute topographic quadrangle maps indicating the location of each well within one mile of the well site;

(e) A property map of the same area showing the surface owners, and mineral lease holders on surrounding properties; and (f) A copy of a signed document, from each interested party, i.e., surrounding landowners and lease holders, stating that they have no objection to the well in question being pulled on a vacuum.

(3) Subparagraph (2)(f) of this rule may be waived if the gas that is pulled from the well is reinjected back into the same reservoir(s) as it is pulled from as a secondary recovery operation.

(4) All requests made to the Board shall include the requirements of paragraph (2) of this rule.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-54-05 Commingling and Automatic Custody Transfer of Hydrocarbons (Transferred from 1040-04)

Tenn. Comp. R. & Regs. 0400-54-05-.01 PERMISSION TO COMMINGLE

Permission to commingle gas and/or liquid hydrocarbons and to measure and transfer custody of liquid hydrocarbons by use of methods other than customary gauge tanks may be obtained without the necessity of a public hearing, in the absence of protest, as hereinafter provided, and upon strict compliance with the procedure set forth herein.

(1) Detailed schematic diagram of the mechanical installation to be used with adequate explanation of the flow of gas and/or liquid hydrocarbons and indicating locations of locking devices and seals to provide assurance against, or evidence of, tampering.

(2) Statement by the producer that in his opinion the use of the proposed method shall provide reasonably accurate measurement and shall not create inequities.

(3) A list of all known interested parties, including operators and royalty owners, affected by the application.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-05-.02 NOTICE PUBLICATION

Notice of the filing of an application for projects applicable to this chapter shall be published in a newspaper of general circulation in the county wherein the field is located.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-05-.03 GRANTING PERMISSION

Upon the basis of application as herein provided, no permission for projects applicable to this chapter shall be granted if, in the judgment of the Supervisor, the data and information submitted does not warrant the approval of the application or if any party protests the application by filing written protest with the Supervisor within 15 days following the first publications of the notice of the application; however, in either of the foregoing events, the application may be set for public hearing at the election of the applicant or the Supervisor.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013. June, 2013 2

Tenn. Comp. R. & Regs. 0400-54-05-.04 METER CALIBRATIONS

The applicant shall provide a suitable means of calibrating each meter used for measurement of hydrocarbons in order that its accuracy in operation can be proven, such calibration to be done before or at the time the meter is initially installed and at such intervals or other times as the Supervisor or his representative shall, after consideration of the inherent characteristics of the particular equipment, deem proper. The results of all meter calibrations required by this order shall be certified as being true and correct by the party performing the calibration. These results shall be available upon request to the Supervisor or his representative.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-05-.05 OPERATIONAL LIMITATIONS

The approved custody transfer or commingling installation shall be permitted to operate so as to transfer or commingle, as produced, the hydrocarbons produced from the well or wells served by such installation.

The limitations on the operation of such installation are as follows:

(1) The daily production rate from any well or wells shall not cause waste.

(2) Unless otherwise permitted, no production from a well in a prorated pool in excess of the total monthly allowable may be transferred during a calendar month.

(3) The production from any given well in any one day shall not be increased more than 25% of the legally permissible hydrocarbon production from such well or wells.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-05-.06 BY-PASS LINES

Permission, in writing, from the Supervisor shall be obtained for all by-pass lines or other lines that shall permit flow around the regular meter, and each such line shall have a meter that shall permit individual well measurement.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-05-.07 RESERVED

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-05-.08 RETENTION OF REPORTS

Should approval be given, the applicant shall indicate in the "Remarks" column on the current CN-0239 form that appropriate well tests have been conducted. The applicant shall retain the actual reports of such tests and such reports shall be kept on file, and available for inspection by the Supervisor or any party at interest for a period of not less than 3 years.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-54-06 Limiting Production (Transferred from 1040-04)

Tenn. Comp. R. & Regs. 0400-54-06-.01 PRORATING A POOL

The Board, after public hearing, may prorate a pool for the purpose of protecting correlative rights and to minimize the waste of oil and/or gas. Prior to prorating a pool, its wells may be shut-in until subparagraph (1)(h) of Rule 0400-52-04-.01 is complied with, or in lieu thereof, a poolwide unit is established.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-54-07 Regulating High Gas/Oil Ratio Wells and Preventing Waste of Gas (Transferred from 1040-04)

Tenn. Comp. R. & Regs. 0400-54-07-.01 CLASSIFICATION

An oil well with a gas/oil ratio in excess of 2,000 cubic feet of gas per barrel of oil (2,000:1) shall be considered a high gas/oil ratio well and may be limited by the Supervisor in the amount of gas permissible to produce.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-07-.02 ESCAPING GAS

No gas shall be flared or permitted to escape into the atmosphere, but shall not be utilized without waste, except upon approval of the Supervisor or where special orders are operative. If necessary to prevent undue waste of gas or dissipation of reservoir energy, the Board may limit venting of gas.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-07-.03 UNITIZATION

An attempt shall be made to unitize all pools, or reservoir, with high gas/oil ratios.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-07-.04 WELLS REGULATED

Production from wells in pools or reservoirs that have both oil and gas production shall be regulated by the rules of this chapter.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-07-.05 GAS-LIFTED WELLS

Wells that are gas-lifted with gas from gas wells shall be prorated in the same manner as are high-ratio naturally flowing oil wells after subtracting the input gas from the output gas. The uneconomical or unreasonable use of gas for gas-lifting shall not be permitted.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013. June, 2013 2

Tenn. Comp. R. & Regs. 0400-54-07-.06 APPLICATION OF RULES

If gas is produced from an oil reservoir or common source of supply and is returned to the same source, only gas not returned or utilized for lease or unit operations shall be considered in applying the rules of this chapter.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-54-08 Subterranean Gas Storage (Transferred from 1040-04)

Tenn. Comp. R. & Regs. 0400-54-08-.01 CONDITIONED USAGE

Application for usage of subterranean reservoirs for gas storage shall be submitted to the Board. The Board may, after public hearing, grant the applicant's request conditioned as follows:

(1) That the underground reservoir sought to be used for the injection, storage and withdrawal of natural gas is suitable and feasible for such use, provided no reservoir, any part of which is producing or is capable of producing oil and gas in paying quantities, shall be subject to such use, unless all owners in such underground reservoir shall have agreed thereto in writing; or (2) Unless such reservoir has a greater value or utility as an underground reservoir for gas storage than for the production of the remaining volumes of original reservoir natural gas and condensate, and all owners, in interest shall have consented to such use in writing; and (3) That the use of the underground reservoir for the storage of natural gas shall not contaminate other formations containing fresh water, oil, gas, or other commercial mineral deposits; and (4) That the proposed storage shall not endanger lives or property; and (5) That the storage reservoir may be drilled through, in a prudent manner, for the purpose of exploration for, or producing, underlying oil and/or gas pools.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-54-09 Pressure Maintenance Projects and Secondary Recovery (Transferred from 1040-04)

Tenn. Comp. R. & Regs. 0400-54-09-.01 APPLICATION

Any person desiring to institute secondary recovery or pressure maintenance projects shall apply to the Supervisor by letter setting forth the request, and submit a Pressure Maintenance and Secondary Recovery Questionnaire (Form CN-0141).

History

Authority: T.C.A §§ 4-5-201, et seq., and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-09-.02 ADMINISTRATIVE APPROVAL

If the common source of supply, for which such operations are to be instituted, lies within a single lease, or all interested parties voluntarily agree, the project may administratively be approved by the Supervisor.

History

Authority: T.C.A §§ 4-5-201, et seq., and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-09-.03 APPROVAL BY SPECIAL ORDER

All other categories of secondary recovery and pressure maintenance projects shall be approved by special order, after a public hearing and by determination of the Board that waste shall be prevented and the unit operation shall increase ultimate recovery; that the unit operation is feasible; that each owner shall receive his just and equitable share; and that 50% or more of the owners have approved the unit operation.

History

Authority: T.C.A §§ 4-5-201, et seq., and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-09-.04 POOLWIDE UNIT-FORMATION

When the common source of supply is not restricted to a single lease, a poolwide unit shall be formed prior to the Oil and Gas Board granting approval for secondary recovery and pressure maintenance projects.

History

Authority: T.C.A §§ 4-5-201, et seq., and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-09-.05 CASING AND SEALING WELLS

Wells drilled or reworked for use in the injection of fluids or gases shall be adequately cased and sealed to prevent injection or migration of injected substances into any strata or stratum other than the objective.

History

Authority: T.C.A §§ 4-5-201, et seq., and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-09-.06 INPUT WELL PROCEDURE

The drilling and plugging of any input well shall follow the same procedure that is employed in drilling or plugging oil and gas wells.

History

Authority: T.C.A §§ 4-5-201, et seq., and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-09-.07 PRO-RATA PAYMENT

The owners of working interest in secondary recovery and pressure projects are required to pay their prorata share of the cost of equipping and operating said project. If any working interest owner fails to tender this just and reasonable share of costs, the Board may provide that the operator shall withhold all proceeds and be reimbursed for the non-participating owner’s share of the proceeds to the extent of 150% to 200% of the amount advanced.

History

Authority: T.C.A §§ 4-5-201, et seq., and 60-1-201, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-54-09-.08 REPEALED

History

Authority: T.C.A §§ 4-5-201, et seq.; 60-1-201, et seq.; and 60-1-202, et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013. Repeal filed August 22, 2024; effective November 20, 2024.

Chapter 0400-55-01 Oil and Gas Program (Unitization) (Transferred from 1040-05-01)

Tenn. Comp. R. & Regs. 0400-55-01-.01 UNIT OPERATION

(1) Unit operations shall be ordered by the Board only after notice and hearing and shall be based on findings that:

(a) The order is reasonably necessary to conserve the natural resources of the State; shall prevent waste of oil and gas, and the drilling of an unnecessary well or wells; shall appreciably increase the ultimate recovery of oil and gas from the affected pool; is economically feasible; and shall protect correlative rights of both landowners and owners of mineral rights.

(b) The order shall provide for the allocation to each separate tract within the unit a proportionate share of the unit production, thereby ensuring the recovery by the owners of that tract their just and equitable share of recoverable oil or gas in the unit.

(c) The order shall provide the designation of a unit operator, but only with the consent of the designated person, and approve the terms and plans of the unit operating agreement in the absence of a voluntary agreement among the owners.

(d) The order shall make provision for the proportionate allocation of cost to the producers, which allocation shall be in the same proportion that the separately owned tracts share in unit production. The cost of capital investment in wells and physical equipment and intangible drilling cost shall be shared in like proportion, provided that no such producer or owner who has not consented to the unitization shall be required to contribute to the cost or expenses of the unit operation, or to the cost of capital investment in wells and physical equipment and intangible drilling cost, except out of proceeds of production accruing to the interest of such owners out of production from such unit operation.

However, no well costs credit allowable shall be adjusted on the basis of less than the average well costs within the unitized area. If any producer or owner fails to tender his just and reasonable share of cost, the Board may provide that the operator shall withhold and be reimbursed for the non-participant's share of cost of the proceeds to the extent of 350% of the amount advanced.

(e) It is provided, however, that the order requiring unit operation shall not vary nor alter any of the terms of the required written contract or contracts evidencing approval nor impose any terms or operations upon the nonsigners of said contract or contracts more onerous than the terms and operations set out in said contract or contracts.

(f) The order shall provide for the forced integration of separately owned tracts and other property ownership into drilling, production, or pool units. Continuous operations incident to the drilling of a well upon any portion of a unit shall be deemed, for all purposes, the conduct of such operations upon each separately owned tract in the unit.

That portion of the production allocated to each separately owned tract included in a June, 2013 2 unit shall, when produced, be deemed for all purposes to have been actually produced from such tract by a well drilled thereon.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-55-01-.02 DRILLING AND PRODUCTION UNITS

(1) Any owner with interest in a tract of land offsetting production and who cannot comply with the spacing rules for drilling a well on said tract may make application for a hearing before the Board for the purpose of having the tract, or a portion thereof, included in a production unit.

(2) Drilling and production unit wells shall comply with the rules on spacing between wells and distance from property lines as prescribed in Chapters 0400-52-01 through 0400-52-12.

(3) The shape and pattern of production and drilling units should be designed to permit the attendant unit well to economically, efficiently and equitably drain the unit's pro-rata share of the pool's oil and/or gas, and shall be based on available geologic and engineering parameters. Length of any drilling unit shall not exceed twice its width.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-55-01-.03 POOLWIDE UNITS

(1) Poolwide units may be formed on a volumetric or surface area basis provided that sufficient data are available to determine the geometry and to define the physical characteristics of the reservoir.

(2) Drilling, production, or poolwide units can only be revised by the Board if new pertinent geological or engineering evidence becomes available which was not in existence at the time a unit was formed.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

0400-56 Oil and Gas Program (Administrative Procedures) (Transferred from 1040-06)

Chapter 0400-56-01 Hearings and Administrative Approval (Transferred from 1040-06-01)

Tenn. Comp. R. & Regs. 0400-56-01-.01 HEARINGS

(1) Public hearings, after legal notice, shall be held by the Board as needed by the Board to implement its responsibility and upon applications made for such hearings. A notice of public hearing as provided by T.C.A. § 60-1-204 shall be given by publishing 1 notice of the time and place thereof in at least 3 newspapers of general circulation in at least 3 major cities in Tennessee, and such notice shall be published at least 10 days prior to the date of such hearing. Applicant shall pay the cost incurred in publishing legal notices. The time and place for each public hearing shall be fixed by the Board as soon as reasonably possible and each public hearing shall be conducted by the Board. If more than one hearing is to be held on a particular date, the Board conducting the hearings shall determine the order in which they shall be held.

(2) The applicant shall open the hearing and present the testimony and exhibits offered in support of the application. The applicant's witnesses shall then be subject to crossexamination by the Board and by any person with an interest in the subject matter of the application. The Board shall determine the order of appearance of the other participants in the hearing.

(3) Each person having an interest in the subject matter of the application and who has complied with the rules and procedures may present testimony and exhibits in support of or in opposition to the applicant. All witnesses shall be subject to cross-examination as set forth in paragraph (2) of this rule.

(4) The applicant may offer rebuttal testimony and exhibits, but the witness shall again be subject to cross-examination. Surrebuttal testimony and exhibits and subsequent testimony and exhibits may be permitted at the discretion of the person conducting the hearing.

(5) All witnesses shall testify under oath.

(6) Closing statements and statements of position may be made by the participants and all other interested parties before the hearing is closed or at such time as designated by the Board.

(7) The Supervisor shall record each hearing showing appearances, testimony and exhibits, statements, and all other records submitted at the hearing.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-56-01-.02 ADMINISTRATIVE APPROVAL

(1) Administrative approval of certain matters of a routine nature may be granted by the Supervisor upon submission of an application showing all pertinent information and data and after due notice is given to all operators of interest.

June, 2013 2 (a) The application shall be made to the Supervisor with a copy to each known offset lease owner and such application shall include:

statement of reason and justification for requested relief, 2. map or sketch illustrating the information pertinent to the request relief, 3. list of names and addresses of all interested persons notified of the application.

(b) If the application meets with the approval of the Supervisor and no written protest is received by the Supervisor within 15 days following prescribed notice of the application, the Supervisor may grant the requested relief without the necessity of a public hearing.

(c) If the application is accompanied by a written waiver from all known offset lease owners, the 15 day delay shall be unnecessary.

(d) If the Supervisor does not elect to approve the application administratively or if written protest is received within the 15 day period, the application may be set for public hearing.

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-56-02 Rules of Procedure for Hearing Contested Cases (Transferred from 1040-06-02)

Tenn. Comp. R. & Regs. 0400-56-02 Rules of Procedure for Hearing Contested Cases (Transferred from 1040-06-02)

June, 2013 1 RULES OF THE OIL AND GAS PROGRAM DIVISION OF WATER RESOURCES For Rules of Procedure for Hearing Contested Cases see Rules of the Secretary of State, Chapter 1360- 04-01.

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq. Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-57-01 (Oil and Gas Program (Forms) (Transferred from 1040-07-01)

Tenn. Comp. R. & Regs. 0400-57-01-.01 REPORT AND PERMIT FORMS

(1) The report and permit forms designated below may be obtained from the Board, 401 Church St., Nashville, TN 37243-1534, and are hereby adopted and made a part of the rules set out in Chapters 0400-51-01 through 0400-57-01:

(a) Application to Amend Well Permit (Form CN-0228)

(b) Application to Change Operators (Form CN-0237)

(d) Gas Well Deliverability Tests (Form R-DT-1)

(e) Monthly Gatherer’s and/or Transporter’s Natural Gas Report (Form CN-0244)

(f) Organization Report (Form CN-0219)

(g) Plug and Abandon Report (Form CN-0217)

(h) Pooling Affidavit (Form CN-0690)

(i) Pressure Maintenance and Secondary Recovery Questionnaire (Form CN-0141)

(j) Statement of No Objection to Proposed Surface Disturbance (Form CN-0691)

(k) Surface Owners Notification Certification (Form CN-0694)

(l) Transporter’s and Storer’s Monthly Report for Crude Oil and/or Condensate (Form CN- 0229)

(m) Well History, Work Summary, and Completion or Recompletion Report (Form CN- 0221)

(n) Comprehensive Bond Identification (Form CN-0120)

History

Authority: T.C.A §§ 60-1-201 et seq., and 4-5-201 et seq.
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Chapter 0400-58-01 Oil and Gas Program (NGPA Processing) (Transferred from 1040-08-01)

Tenn. Comp. R. & Regs. 0400-58-01-.01 DEFINITIONS

(1) “F.E.R.C.” means the Federal Energy Regulatory Commission.

(2) “F.E.R.C. Rules” means rules or regulations adopted by F.E.R.C. implementing the NGPA.

(3) “NGPA” means the Natural Gas Policy Act of 1978 enacted by the United States Congress on November 9, 1978, and as that Act may subsequently be amended, supplemented, or superseded by subsequent legislation by Congress.

(4) “Application” shall mean a written request for status determination in accordance with Rule

Tenn. Comp. R. & Regs. 0400-58-01-.02 APPLICABILITY OF OTHER RULES

Except where the same conflict with these rules pertaining to NGPA Determinations, F.E.R.C. rules, or the NGPA, all other rules, regulations, and orders of the Board are applicable thereto.

History

Authority: T.C.A §§ 60-1-105, 60-1-201 et seq., and 4-5-201 et seq.; Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (November 9, 1978).
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-58-01-.03 APPLICATION AND FILING PROCEDURE

Any interested person requesting the classification of a gas well under Sections 102, 103, 107 or 108 by the Board pursuant to the authority granted to the Board by Section 503 of the NGPA, in order to determine the applicable status for such wells, shall initiate such determination by:

(1) Filing with the Board NGPA Form No 121.

(Rule0400-58-01-.03, continued)

June, 2013 2 (2) Filing with the Board Forms TGP 102, TGP 103, TGP 107 or TGP 108, whichever is appropriate.

(3) Filing with the Board all forms, information, plats, exhibits, affidavits, documents, and evidence required by Part 274 of the F.E.R.C. rules, and other applicable F.E.R.C. rules, and required by these rules herein, and by Board Forms TGP 102, 103, 107 and 108.

(4) Attesting to the application in the manner required by Section 274 and other applicable rules of the F.E.R.C. rules for such filings.

(5) Paying a fee of twenty-five dollars ($25) to the State of Tennessee through the Supervisor for each application filed. Checks should be made payable to the State of Tennessee.

History

Authority: T.C.A §§ 60-1-105, 60-1-201 et seq., and 4-5-201 et seq.; Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (November 9, 1978).
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-58-01-.04 ). The relevancy of any testimony or other evidence is subject to challenge by any party to the hearing or any member of the Board. When so interposed, such objections are acted upon by the Chairman, his ruling being subject to challenge and overturning by a majority vote of the Board.

(e) Full opportunity is afforded all interested parties at a hearing to present evidence and to cross-examine witness.

(f) The Board maintains data files which contain the records on each individual well in the State. Such well records consist of the following:

Application to Amend Well Permit (Form CN-0228).

(Rule0400-58-01-.10, continued)

June, 2013 5 2. Application to Change Operators (Form CN-0237).

Application for Permit to Drill (Form CN-0211).
Gas Well Deliverability Tests (Form R-DT-1).
Monthly Gatherer’s and/or Transporter’s Natural Gas Report (Form CN-0244).
Organization Report (Form CN-0219).
Plug and Abandon Report (Form CN-0217).
Pressure Maintenance and Secondary Recovery Questionnaire (Form CN-0141).
Transporter’s and Storer’s Monthly Report for Crude Oil and/or Condensate (Form CN-0229).
Well History, Work Summary, and Completion or Recompletion Report (Form CN-0221).
Application for New Natural Gas Determination (Form TGP-102).
Application for New Production Well Determination (Form TGP-103)
Application for High Cost Natural Gas Well Determination (Form TGP-107).
Application for Stripper Well Natural Gas Determination (Form TGP-108).

Further, the Board maintains a library of drill cuttings, cores and logs from wells in the state. Records of the Board include extensive geologic and engineering data, such as geologic structure, isopach, and cross-section maps, production data, well potential test results, bottom hole pressure surveys, fluid analyses, gas analyses, and other similar data.

The Board maintains field or reservoir base maps and all wells completed in or penetrating a reservoir are identified.

A monthly activity report is published by the Board for all wells being drilled or completed in the State and a monthly production report is available giving monthly production from all producing wells in the State.

(g) Applications for determinations shall be filed and assigned a docket number upon receipt. The professional staff of the Board shall then study the application and data submitted in conjunction with records of the Board as identified in subparagraph (f) of this paragraph. Information contained in the application shall be verified to the extent possible with information on file with the Board. The staff of the Board includes professional engineers, geologists, and attorneys, as well as other support staff. The application and relevant data shall be considered and discussed in a joint meeting of the professional staff, prior to the public hearing of the application before the Board.

Requests for clarification of data or for additional data may be made, where deemed necessary by the staff. Unresolved questions may be asked of the applicant at the hearing.

(Rule0400-58-01-.10, continued)

June, 2013 6 (h) The initial authority of the Board for making determination in accordance with the NGPA was established by an emergency order of the Board, which was made at a scheduled hearing under the Uniform Administrative Procedures Act. This action was properly advertised in accordance with the state law and Board rules.

After studying the application, all data submitted by the applicant, all data available in the files of the Board, and hearing any additional evidence submitted at the hearing, the staff of the Board shall make a recommendation to the Board. Where there is no objection, evidence may be submitted by affidavit without oral testimony. Regarding uncontested applications, the Board shall hear them en masse and, where appropriate, grant the same by one order. A list of applications recommended for approval shall be made available prior to the hearing so that comments or objections may be expressed when the applications are considered by the Board.

(i) The Board shall give written notice to the F.E.R.C. of any change in the procedures described in these rules.

History

Authority: T.C.A §§ 60-1-105, 60-1-201 et seq., and 4-5-201 et seq.; Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (November 9, 1978).
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-58-01-.05 INTERVENTION

Any person may intervene in an application and become a proponent or opponent of any application.

History

Authority: T.C.A §§ 60-1-105, 60-1-201 et seq., and 4-5-201 et seq.; Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (November 9, 1978).
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-58-01-.06 ATTESTING TO WRITTEN ORDERS

Written orders of the Board concerning applications may be signed by the Chairman of the Board and such orders certified by the Chairman as an order duly promulgated by the Board shall have full force and effect as orders signed by the Board members.

History

Authority: T.C.A §§ 60-1-105, 60-1-201 et seq., and 4-5-201 et seq.; Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (November 9, 1978).
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-58-01-.07 LIST OF PARTICIPANTS

A list of participants in the proceedings, as well as any persons who submitted or sought an opportunity to submit written comment (whether or nor such persons participated in the proceedings) shall be made for each hearing.

(Rule0400-58-01-.07, continued)

June, 2013 3

History

Authority: T.C.A §§ 60-1-105, 60-1-201 et seq., and 4-5-201 et seq.; Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (November 9, 1978).
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-58-01-.08 FORMS

(1) Applications shall be made upon Forms TGP 102 (Application for New Natural Gas Determination), TGP 103 (Application for New Production Well Determination), TGP 107 (Application for High Cost Natural Gas Determination), and/or TGP 108 {Application for Stripper Well Natural Gas Determination), and any form required by F.E.R.C. The original and two copies of such application shall be filed with the Board, along with a self-addressed stamped envelope for return of one of the copies after the filing date and docket number have been noted by the Board. The F.E.R.C. 121 Form and Form TGP 102, 103, 107 and 108 may be submitted in lieu of the second complete copy of the application. All applications shall be fully completed as appropriate in conformance with Board rules as well as with F.E.R.C. rules, and the well for which a determination is being sought shall have been classified by the Tennessee Office of Geology before such applications may be heard by the Board. Upon receipt of an application, the Board shall notify the applicant of the receipt of such application and, should the application be incomplete in any respect, indicate the nature of the incompleteness. Upon the receipt of application, such application shall be considered filed with the Board, assigned a docket number, and notice duly published, provided all other rules referred to herein have been complied with.

(2) The date the application is received by the Board shall be considered the filing date or record, unless after a determination has become final it is determined that the application did not, in fact, qualify for the request status in the first place, in which case the Board shall consider the filing date of record of a new application to be the date the disqualified application for a price determination for a particular reservoir was received by the Board. This exception shall be allowed between categories as well as within a particular category, but shall only apply to those wells for which commercial sale of natural gas has occurred after the original determination was filed. Written notice shall be given to the F.E.R.C. and to the applicant for any determination for which this exception shall apply.

History

Authority: T.C.A §§ 60-1-105, 60-1-201 et seq., and 4-5-201 et seq.; Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (November 9, 1978).
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-58-01-.09 NOTICE OR DETERMINATION

After making a determination that an application does or does not qualify for the requested status under the NGPA, the Board shall give written notice of such determination to F.E.R.C. in accordance with F.E.R.C. rules.

History

Authority: T.C.A §§ 60-1-105, 60-1-201 et seq., and 4-5-201 et seq.; Natural Gas Policy Act of 1978, Public Law No. 95-621, 92 Stat. 3350 (November 9, 1978).
Administrative History: Original rule filed March 20, 2013; effective June 18, 2013.

Tenn. Comp. R. & Regs. 0400-58-01-.10 METHOD OF DETERMINATIONS

(1) The Board hereby certifies that it shall take such steps as are reasonably necessary or appropriate to perform its function in accordance with Part 214 of the implementing rules of F.E.R.C.

(2) The method by which the Board shall make determination is as follows:

(Rule0400-58-01-.10, continued)

June, 2013 4 (a) Applicants for determination shall file on forms required by the F.E.R.C. and by the Board in order to receive a hearing. Forms required by the Board are:

Form CN-0211 (Application for Permit to Drill)
Form CN-0228 (Application to Amend Well Permit)
Form CN-0237 (Application to Change Operators) if applicable 4. Form CN-0219 (Organization Report)
Form CN-0221 (Well History, Work Summary, and Completion or Recompletion Report)
Form R-DT-1 (Gas Well Deliverability Tests)
Form CN-0244 (Monthly Gatherer’s and/or Transporter’s Natural Gas Report)
Form No. TGP 102 (Application for New Natural Gas Determination), TGP 103 (Application for New Production Well Determination), TGP 107 (Application for High Cost Natural Gas Determination), or TGP 108 (Application for Stripper Well Natural Gas Determination), whichever is appropriate.

(b) Notice of filing by applicants is required by the rules of the Board to be given by applicants to identified purchases, as required by Section 274.201(e) of the said Regulations of F.E.R.C. (paragraph (3) of Rule 0400-58-01-.03).

(c) Public notice of the filing, pending hearing, and pending determination of applications for determinations shall be given by the Board at least ten (10) days prior to such hearing, giving the date, time, and place of such hearing. Such public notice shall be given by publication at least once in a newspaper of general circulation published in Nashville, Knoxville, and Chattanooga.

(d) All such rules and regulations and orders of the Board are required to be in writing, T.C.A. § 60-1-204(d). Petitions shall be filed at least fifteen days prior to the hearing thereon. When a proceeding is instituted, the Board assigns a docket number to the application and records the fact and the dates of the filing of the application in a docket book provided for such purpose (subparagraph (g) of this paragraph). Testimony is recorded, transcribed, and preserved as a part of the permanent record of the hearing.

Any person testifying is required to do so under oath; however, relevant unsworn statements, comments, and observations by any interested person may be heard and considered by the Board and included in the record. In matters where there are no objections of record, sworn affidavits of witnesses may be received in evidence (Rule

0400-60 Office of Energy Programs

Chapter 0400-60-01 State Set-Aside Program (Transferred from 0500-03-01)

Tenn. Comp. R. & Regs. 0400-60-01-.01 AUTHORITY

Upon the declaration of an energy emergency by the Governor pursuant to the provisions of T.C.A. §§ 58-2-101 et seq., the Office of Energy Programs may be directed to administer a State Set-Aside Program for the emergency allocation of liquid fuels in accordance with the following rules.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.02 PURPOSE

The State Set-Aside Program shall be utilized by the Office of Energy Programs to meet hardship and emergency requirements of the eligible wholesale purchaser-consumers and wholesale purchaserresellers within the state from the set-aside volume as provided by these rules.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.03 DEFINITIONS

(1) “Agriculture production” means commercial farming, fishing, dairy, poultry and livestock production, and the services directly related to the planting, cultivation, harvesting, processing, and distribution of fiber, and food intended for human consumption and animal feed.

(2) “Assignment” means an action taken by the Office of Energy Programs directing a prime supplier of petroleum products to transfer the designated products to an authorized purchaser, wholesale purchaser-consumer or wholesale purchaser-reseller.

(3) “Base period” means the corresponding month's purchases from the previous calendar year.

(4) “Commissioner” means the Commissioner of the Tennessee Department of Environment and Conservation.

(5) “Current requirements” means the supply of an allocated product needed by a wholesale purchaser-consumer or wholesale purchaser-reseller to meet its present supply requirements for a particular use of that product.

(6) “Emergency services” means law enforcement, firefighting, and emergency medical services, and the Tennessee Emergency Management Agency.

(7) “End-user” means any firm which is an ultimate consumer of a petroleum product, other than a wholesale purchaser-consumer.

(8) “Energy production” means the manufacturing, processing, storage, or transportation of primary energy sources, including electricity, natural gas, or petroleum products. Excluded from this definition is electrical generation, whose power source is petroleum-based.

(9) “Extreme emergency” means an energy situation in which the Office of Energy Programs finds that the public health, safety or welfare is in danger or would be seriously impacted by loss of supply.

(10) “Firm” means any business association, company, corporation, estate, joint-venture, partnership, or sole proprietorship or any other legal entity, other than an individual, including, but not limited to, charitable and education institutions, and all federal, state and local governmental subdivisions.

(11) “Middle distillate” means any derivatives of petroleum obtained in the range of kerosene to lubrication oil in the refining process, including kerosene, home heating oil, range oil, stove oil, and diesel fuel.

(12) “Motor gasoline” means any of the various grades of motor gasoline (premium, regular, or unleaded, including gasoline/alcohol mixtures, such as gasohol) which are a volatile flammable liquid hydrocarbon mixture, such as a fuel especially for internal combustion engines.

(13) “Passenger transportation services” means public and privately-owned facilities and vehicles, including water and rail, for carrying passengers.

(14) “Petroleum products” means propane, gasoline, unleaded gasoline, gasohol, kerosene, #2 heating oil, diesel fuel, kerosene base jet fuel, aviation gasoline, Bunker C fuel oil, and #4, #5, and #6 residual oil for utility and non-utility uses.

(15) “Prime supplier” means the supplier which makes the first sale of any petroleum products into the state distribution system for consumption within the state.

(16) “Purchaser” means a wholesale purchaser, an end-user, or both.

(17) “Retailer” means a firm that sells petroleum or petroleum products to the general public for direct consumption.

(18) “Sanitation services” means the collection and disposal of solid wastes for the benefit of the general public, whether by public or private entities, and the maintenance, operation, and repair of liquid purification and waste facilities during emergency conditions; also the provision of water supply services by public utilities, whether privately or publicly owned or operated.

(19) “Set-aside” means a set percentage of petroleum products to be allocated from a prime supplier by the Office of Energy Programs.

(20) “Supplier” means any firm which presently supplies, sells, transfers or otherwise furnishes, as by consignment, any petroleum product to wholesale purchasers or end-users, including but not limited to, a refiner, importer, reseller, jobber or retailer.

(21) “Telecommunication services” means the operation, repair, and maintenance of voice, data, telegraph, video, and similar communications common carriers during periods of substantial disruption of normal service, excluding sales and administrative activities.

(22) “Total supply” means the sum of petroleum products a prime supplier will make available for distribution to the state of Tennessee in a given month.

(23) “Wholesale purchaser” means a wholesale purchaser-reseller or wholesale purchaserconsumer, or both.

(24) “Wholesale purchaser-consumer” means any firm that is an ultimate consumer which, as part of its normal business practices, purchases or obtains a petroleum product from a supplier and receives delivery of that product into a storage tank substantially under the control of that firm at a fixed location.

(25) “Wholesale purchaser-reseller” means a firm who purchases, receives through transfer or otherwise obtains such as by consignment petroleum products, and who resells or otherwise transfers its product to purchasers without substantially changing its form, excluding retailers.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.04 STATE SET-ASIDE VOLUME

(1) The Office of Energy Programs shall notify each prime supplier of the monthly set-aside percentage applicable to each product in the Set-Aside Program. The percentage remains constant until further notification.

(2) A prime supplier shall inform the Office of Energy Programs on or before the 20th day of each month of the estimated volume of each petroleum product to be delivered into Tennessee for consumption within the state during the following month.

(3) The set-aside volume available to the Office of Energy Programs for a particular month is calculated by multiplying the set-aside percentage by each prime supplier's total supply of each petroleum product for that month.

(4) Upon a determination by the Office of Energy Programs that after serving all qualified applicants an excess amount of petroleum product remains in the state set-aside, a statewide release may be made to any or all suppliers.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.05 PRIME SUPPLIER REPRESENTATIVE

Each prime supplier shall designate a Set-Aside Program representative to act for and on behalf of the prime supplier, and shall notify the Office of Energy Programs in writing of such designation.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.06 PRICE

Suppliers shall charge prevailing prices for set-aside petroleum product and not place a premium or spot price on set-aside volumes.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.07 PRIORITY FOR ASSISTANCE

Only a wholesale purchaser-consumer or a wholesale purchaser-reseller is eligible for an assignment from the state set-aside. Priority for set-aside shall go to wholesale purchaser-consumers and wholesale purchaser-resellers who are involved in the following activities:

(1) Agricultural production;

(2) Emergency services;

(3) Energy production;

(4) Passenger transportation services;

(5) Sanitation services; and (6) Telecommunication services.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.08 APPLICATION PROCESS

(1) Applications must be filed with the Office of Energy Programs.

(2) Applications received within three (3) working days of the first day of the month will be deemed to have been received on the first day of the month. All applications received earlier than three (3) working days prior to the first day of the month will be returned to the applicant.

(3) Filing procedures:

(a) Each applicant must submit a written and signed "Certification of Petroleum Product Hardship" application to the Office of Energy Programs. Such application shall contain a sworn statement testifying to the truth and accuracy of all statements contained in the application.

(b) In extreme emergencies applications may be made orally and written information provided within five (5) days. Oral applications will be accepted beginning on the first day of the month and will be deemed to have been filed on the day they are received by the Office of Energy Programs. A written application must follow the oral application within five (5) days. No hardship application will be approved for an oral applicant until all prior oral applications by the same firm have been documented by acceptable written application.

(c) Each application will be for only one product type and will apply only to the current month during which the application is being made.

(d) The wholesale purchaser-consumer and wholesale purchaser-reseller submitting applications on behalf of end-users must, in addition to their own application, submit a "Certification of Petroleum Product Hardship" application for each entity for whom they are requesting five thousand (5,000) gallons or more of petroleum product.

(e) Each wholesaler purchaser-consumer or wholesale purchaser-reseller application requesting less than five thousand (5,000) gallons of petroleum product must be accompanied by the following minimum information:

Firm name, address and phone number;
Contact person;
Applicant category;
Supplier, product brand and type, and delivery terminal;
A listing of monthly purchases during the base period;
Minimum fuel requirements during the month;
Shortfall for month; and 8. Reason for shortfall.

(f) In making a determination on a request for a Set-Aside release, the Office of Energy Programs shall consider, but not be limited to, the following criteria:

The nature and effect of the unusual or abnormal circumstances causing the supply shortfall.
The type of customer for which the product is being requested.
The total amount of product available in the state set-aside for the month in question.
The punctuality and completeness with which the Certification for Petroleum Product Hardship application is submitted.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.09 DECISION AND ORDER

(1) The Office of Energy Programs shall make a decision granting or denying the application for an assignment in whole or part upon consideration of the application and any other relevant information received or obtained during the application process.

(2) The Office of Energy Programs will make a decision on all applications within fifteen (15) days of filing, to the extent administratively feasible. If no order authorizing an assignment has been issued within said period, the application shall be deemed to have been denied in all respects.

(3) The Office of Energy Programs shall issue a written order authorizing the assignment and serve it on the prime supplier from whose set-aside the assigned product is to be drawn. An order is effective upon issuance and must be presented within ten (10) days unless stayed, modified, suspended, or rescinded. The order represents a call on the prime supplier's setaside volume for the month of issuance, even if delivery of the product cannot be made until the following month.

(4) By means of a written notice the Office of Energy Programs may temporarily suspend the running of the fifteen (15) day period if it finds that additional information is necessary or that the application was improperly filed. The temporary suspension shall remain in effect until the Office of Energy Programs serves notice upon the firm that the additional information has been received. Unless otherwise provided in writing by the Office of Energy Programs, the fifteen (15) day period shall resume running on the first working day following the day on which the notice was served.

(5) If the Office of Energy Programs determines that there is insufficient information upon which to base a decision and requested additional information is not submitted, the application will be denied.

(6) At any time during the month the Office of Energy Programs may order the release of part or all of the prime supplier's set-aside volume through the prime supplier's normal distribution system in the state. The Office of Energy Programs shall serve a copy of such an order upon the prime supplier.

(7) In all cases the Office of Energy Programs will attempt to work within existing supplierpurchaser relationships to the maximum extent possible.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.10 GEOGRAPHICAL AREA RELEASE

(1) The Office of Energy Programs may designate certain geographical areas within the state as suffering from a supply imbalance. At any time during the month the Office of Energy Programs may order a prime supplier to release all or part of the prime supplier’s set-aside volume through the prime supplier’s normal distribution systems to the designated areas.

Such a release is intended to increase the volume of petroleum products available to the motoring public through the retailers located within the geographical area.

(2) Any area is eligible to apply to the Office of Energy Programs for a geographical area release if circumstances of an unusual or abnormal nature have contributed to supply imbalance.

(3) The chief executive officer of the county shall certify the geographical area shortage to the Office of Energy Programs through a written certification signed by the same and must contain the following minimum information:

(a) A statement detailing the abnormal or unusual circumstances and the actual or projected effect upon the people of the area.

(b) A definition of the size and boundaries of the geographical area, and the number of people in the area.

(d) The number of retail stations, a list of the brands of gasoline, and the minimum amount of gasoline by brand estimates to be necessary to supply the area with gasoline through the last day of the month.

(e) A sworn statement containing an affirmation that all the information given is true and accurate; the relief will be used for the purpose described, and the nature of the gasoline conservation measures being practiced in the geographical area.

(4) In extreme emergencies the certification process may be initiated orally and the written information provided within five (5) days. No further geographical area releases will be approved for an oral applicant until all prior oral applications by the same entity have been documented by acceptable written application.

(5) If the request for geographical area release is approved, a confirming correspondence shall be sent to the county executive and to suppliers with retail outlets in the area. The correspondence will direct the release of specified amounts of petroleum products through the supplier's normal distribution system in that area.

(6) In making a determination on a request for geographical area release, the Office of Energy Programs shall consider the following criteria:

(a) Number of retail stations in the area, and the quantity of fuel products available.

(b) Approximate number of persons residing in the area.

(d) The extent to which fuel shortage demand/restraint and supply/management measures are being practiced in the area.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.11 CONFIDENTIALITY

T.C.A. § 4-3-514 provides that the Office of Energy Programs shall maintain the confidentiality of all proprietary information it may acquire. Proprietary information is defined as: trade secrets and commercial or financial information that is used either directly or indirectly in the business of any person submitting information to the office under this chapter, and that gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information.

The Office of Energy Programs will maintain any such records so deemed to be confidential in accordance with T.C.A. Title 10, Chapter 7, Part 5.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.12 MISREPRESENTATIONS

The Office of Energy Programs may initiate an investigation of any material statement made in connection with any application. In the course of such an investigation the Office of Energy Programs may solicit and accept relevant information from any source, all of which shall be made a part of a permanent investigatory file. In the event the Office of Energy Programs finds cause to believe that a willful misrepresentation of a material fact has been made by applicant during the application process, it shall convene a contested case proceeding pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in T.C.A. Title 4, Chapter 5, to resolve the issue. Such proceedings shall be conducted by the Office of Energy Programs in accordance with the Uniform Rules of Procedure for Hearing Contested Cases Before State Administrative Agencies, Chapter 1360-04-01, Official Compilation of Rules and Regulations of the State of Tennessee. At the conclusion of such proceedings a copy of the administrative record shall be forwarded to the Office of the Attorney General and Reporter for appropriate action.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Tenn. Comp. R. & Regs. 0400-60-01-.13 APPEAL

Within ten (10) days after the granting or denial of an application, an applicant aggrieved thereby may file with the Office of Energy Programs a written petition of appeal which shall distinctly state the grounds upon which the review is sought. Each such petition of appeal shall state the name and address of the petitioner, a concise statement of the facts surrounding the case, the reasons for the appeal and the nature of the relief sought, and the names and addresses of firms known to the petitioner that may be affected by the outcome of the appeal. The petitioner shall attach to each such petition of appeal a sworn statement setting forth that the information contained therein is true and correct to the best of the petitioner's knowledge, information and belief. The Office of Energy Programs shall convene a contested case proceeding pursuant to the provisions of the Uniform Administrative Procedures Act, compiled in T.C.A. Title 4, Chapter 5, for each such petition of appeal filed in a timely manner. Such proceedings shall be conducted by the Office of Energy Programs in accordance with the Uniform Rules of Procedure for Hearing Contested Cases Before State Administrative Agencies, Chapter 1360-04-01, Official Compilation of Rules and Regulations of the State of Tennessee.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-01.

Chapter 0400-60-02 Public Records (Transferred from 0500-03-02)

Tenn. Comp. R. & Regs. 0400-60-02-.01 CONFIDENTIALITY OF ALL PROPRIETARY INFORMATION

The Office of Energy Programs will maintain any such records so deemed to be confidential in accordance with T.C.A. Title 10, Chapter 7, Part 5.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-02.

Tenn. Comp. R. & Regs. 0400-60-02-.02 COPIES OF PUBLIC RECORDS

Copies of public records will be made available upon request in accordance with Rule 0400-01-01-.01.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-02.

Chapter 0400-60-04 Small Business Energy Loan Program (Transferred from 0500-03-04)

Tenn. Comp. R. & Regs. 0400-60-04-.01 AUTHORITY

Pursuant to the provisions of T.C.A. § 11-1-101, the Commissioner of the Tennessee Department of Environment and Conservation may promulgate rules and regulations necessary to carry out such Commissioner’s duties and responsibilities.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.02 PURPOSE AND SCOPE

(1) The purpose of this program is to provide low interest loans to small businesses, units of county and local governments and other eligible organizations throughout the state of Tennessee to facilitate in the identification, installation, and incorporation of energy efficiency measures onto, or into, existing facilities, processes, and/or operations located in the state of Tennessee.

(2) This chapter sets forth the rules for the submission, acceptance, review, and approval of applications for financial assistance under this program.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.03 DEFINITIONS

The following definitions shall apply to these rules:

(1) “Applicant” means any individual, domestic Tennessee company or unit of county or local government applying for assistance under this program.

(2) “Approved Applicant” means any applicant who has submitted an application for financial assistance and has been approved according to the approval criteria published by the Office of Energy Programs.

(3) “Eligible Applicant” means any applicant that has met the applicant eligibility criteria published by the Office of Energy Programs.

(4) “Eligible Structure” means any structure that has met the structural eligibility criteria published by the Office of Energy Programs.

(5) “Energy Efficiency Measure” means the installation of a new energy system or a modification to an existing energy system, plant process, operation, or structure which is primarily intended to reduce energy consumption or allow the use of an alternative energy source.

(6) “Office of Energy Programs” means the Office of Energy Programs of the Tennessee Department of Environment and Conservation.

(7) “Residential End Use” means any structure that is used for personal residential occupancy.

(8) “Targeted Structure” means the structure onto which the identified energy efficiency measures will be affixed or which houses the applicant’s existing plant processes, operations, or energy systems which will undergo an energy efficiency modification with proceeds of a loan under this program.

(9) “TDEC” means the Tennessee Department of Environment and Conservation.

(10) “TVA” means the Tennessee Valley Authority.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.04 MAXIMUM LOAN AMOUNT

The maximum loan amount available per applicant under this program shall be three hundred thousand dollars ($300,000.00).

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.05 REPAYMENT PERIOD

All loans approved and accepted under this program shall be paid back monthly within seven (7) years from the date that begins sixty (60) days after the date of loan closing.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.06 EARLY PAYOFF OF LOAN

There shall be no penalty assessed to the borrower for the early payoff of a loan under this program.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.07 ELIGIBILITY

In order to be approved for financial assistance under this program, both the applicant and the targeted structure must be deemed eligible according to criteria published by the Office of Energy Programs.

(1) Applicants for financial assistance must meet all of the following four (4) criteria:

(a) Be classified as either a small business of less than three hundred (300) employees or less than $3.5 million in annual gross sales or receipts or a unit of county or local government utilizing the loan to improve the energy efficiency of an existing building that the applicant owns, occupies or uses for a business, industrial or commercial

purpose.

(b) Own, occupy or use the targeted structure in its operations; and, (c) Be declared financially sound and capable of repaying the monies borrowed according to criteria published by the Office of Energy Programs.

(2) A structure that is to be the target for the installation of energy efficiency measures that will be financed with the proceeds of a loan under this program shall be considered an eligible structure only if it is an existing structure, at least one (1) year old, that is located within the territorial boundaries of the state of Tennessee and, is not:

(a) Classified as condemned or scheduled for demolition;

(b) Leased or rented by the applicant from another party unless the landlord has given the tenant written permission to proceed with the installation;

(c) Encumbered by a real estate sale, purchase, option, or trade agreement that is scheduled to take place prior to the maturity of the loan unless either:

The current occupant/debtor agrees to retire the outstanding balance of the loan before closing the agreement; or, 2. The new occupant agrees to retire the outstanding indebtedness according to the terms and conditions of the originally executed loan agreement;

(d) Included on the National Register of Historic Landmarks and Sites maintained by the U.S. Secretary of the Interior or, if included, has the approval, in writing, of the Historical Society to perform the work;

(e) Located in a wetland or special flood hazard area as designated by the Federal Emergency Management Agency; or, (f) Encumbered by subordinate mortgages, mechanics’, or materialmen’s, and/or any other types of liens which would prevent the Office of Energy Programs from obtaining a security interest which is junior to no more than one security interest as collateral for a loan under the program or in an amount that would cloud the Office of Energy Programs’ collateral or jeopardize the Programs’ ability to collect on the unpaid balance of a loan in the event of a default.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.08 ENERGY AUDIT REQUIRED

An energy audit, conducted by either an architect or engineer licensed to do business in the state of Tennessee, the Tennessee Valley Authority or other energy utility, or an architect or engineer on the faculty or staff of a Tennessee college or university and in a format published by the Office of Energy Programs shall be a prerequisite for application review under this program.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.09 ELIGIBLE MEASURES

Loans shall be made available only for the purchase and installation of one (1) or more energy efficiency, renewable energy and/or clean energy technology measures on projects that have been identified as having either a simple economic payback of ten (10) years or less or a positive net present value.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.10 RETROACTIVE ASSISTANCE PROHIBITED

The proceeds of all loans received under this program shall be used solely for the purpose of installing new energy efficiency measures and shall not be used to finance energy efficiency projects that were either completed, or in progress, prior to the date of the application for assistance.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.11 APPLICATION PACKAGE REQUIRED

In order to be considered for financial assistance under this program, an applicant must submit an approved application package to the Office of Energy Programs.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.12 COMPLETION CERTIFICATE REQUIRED

Loan proceeds shall not be disbursed unless the Office of Energy Programs has received a fully executed Work Completion Certificate signed by an authorized agent for the Office of Energy Programs.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Tenn. Comp. R. & Regs. 0400-60-04-.13 CONFIDENTIALITY OF INFORMATION SUBMITTED

(1) T.C.A. § 4-3-514 provides that the Office of Energy Programs shall maintain the confidentiality of all proprietary information it may acquire. Proprietary information is defined as: trade secrets and commercial or financial information that is used either directly or indirectly in the business of any person submitting information to the office under this

chapter, and that gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information.

The Office of Energy Programs will maintain any such records so deemed to be confidential in accordance with T.C.A. Title 10, Chapter 7, Part 5.

(2) Copies of Public Records.

Copies of public records will be made available upon request in accordance with Rule 0400- 01-01-.01.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-04.

Chapter 0400-60-05 Local Government Energy Efficiency Loan Program (Transferred from 0500-03-05)

Tenn. Comp. R. & Regs. 0400-60-05-.01 AUTHORITY

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.02 PURPOSE AND SCOPE

The Local Government Energy Efficiency Loan Program provides low interest loans to Tennessee county, metropolitan and municipal governments for energy efficiency measures that improve facility energy efficiency and reduce energy costs.

This chapter sets forth the rules for program application and participation.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.03 DEFINITIONS

The following definitions shall apply to these rules.

(1) “Applicant” means any county, metropolitan or municipal government that submits an application to TDEC for program loan funds.

(2) “Distressed County” means any county listed by the Department of Economic and Community Development as being economically distressed in accordance with criteria established by the Department of Economic and Community Development for county per capita income and average unemployment rate.

(3) “Energy Efficiency Measure” means any structural modification or equipment change out that reduces energy costs in a facility, (4) “Local Government” means any Tennessee county, metropolitan or municipal government.

(5) “Net Present Value” means the dollar figure that is obtained by totaling the annual energy savings, which has been discounted at a rate equal to the loan interest rate as established by TDEC, and subtracting the total cost of the energy efficiency measure.

(6) “Program” means the Local Government Energy Efficiency Loan Program.

(7) “TDEC” means the Tennessee Department of Environment and Conservation.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.04 ELIGIBLE PROJECTS

TDEC may loan funds to a local government for the purpose of financing energy efficiency measures for a building or structure owned and used by the local government. Such buildings or structures must have been used or operated for one (1) year prior to the date of application for an energy efficiency loan. TDEC will only loan funds for energy efficiency measures which have a positive net present value.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.05 MAXIMUM LOAN AMOUNT

TDEC may make energy efficiency loans in the amounts not exceeding five hundred thousand dollars ($500,000.00). Local governments may receive several energy efficiency loans under this loan program, but the cumulative outstanding balance of such loans under this loan program may not exceed five hundred thousand dollars ($500,000.00).

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.06 ELIGIBLE COSTS

Energy efficiency loan funds can be used for the identification, design, purchase and installation of energy efficiency measures.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.07 LOAN TERM AND INTEREST RATE

The maximum loan term is seven (7) years. A participating local government may prepay the loan at any time without penalty. TDEC will announce the loan interest rate for local governments in distressed counties and the loan interest rate for local governments in non-distressed counties in an annual program directive memorandum.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.08 RETROACTIVE PROJECTS

TDEC will not approve applications where the energy efficiency measures have been purchased, or partially or completely installed prior to formal TDEC approval.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.09 RESERVED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.10 LOAN APPLICATION

Applicants must submit a complete application to TDEC in order to qualify for consideration for loan funds. A complete application consists of a completed and signed application form for each facility which will be the subject of energy efficiency measures, a technical energy audit for each facility, and a certified copy of a resolution from the local governing body authorizing participation in the program. Application forms for K-12 schools and offices must be signed by the school superintendent. All other applications must be signed by the county executive, mayor, city manager or city administrator. The technical energy audit must be less than two (2) years old and must be conducted by either an architect or an engineer licensed to practice in the state of Tennessee, by the Tennessee Valley Authority or other energy utility, or by an architect or an engineer on the faculty or staff of a Tennessee college or university.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.11 APPLICATION REVIEW

TDEC will review an application for completeness and accuracy. TDEC will review all projects for technical accuracy and soundness and net present value. Projects must have a positive net present value in order to be approved for funding.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.12 RESERVED

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.13 PROJECT IMPLEMENTATION

Approved applicants must implement their project by submitting an authorized capital outlay note to TDEC within six months of application approval, completing the project within one (1) year of application approval, and submitting a work completion form and copies of invoices showing actual project cost to TDEC within two (2) months of completion of the project. Failure to meet this implementation timetable can result in withdrawal of approval or disqualification for future loans.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.14 LOAN REPAYMENT

Loan recipients must amortize debt within the agreed upon term, not to exceed seven (7) years. The recipient will make one (1) payment per year in accordance with a repayment schedule provided by TDEC. The first payment date will be one (1) year from the date of the capital outlay note.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

Tenn. Comp. R. & Regs. 0400-60-05-.15 REPORTING REQUIREMENTS

Loan recipients will provide, or arrange for its energy distributors to provide, copies of monthly utility bills to TDEC during the term of the loan.

History

Authority: T.C.A. §§ 4-3-510 through 4-3-515, 4-5-201 et seq., 11-1-101, and Governor Haslam’s Executive Order Number 25.
Administrative History: Original rules filed January 17, 2017; effective April 17, 2017. Rule renumbered from 0500-03-05.

0400-70 Tennessee Historical Commission

Chapter 0400-70-01 Waivers

Tenn. Comp. R. & Regs. 0400-70-01-.01 WAIVERS

(1) When an entity petitions the Tennessee Historical Commission for a waiver relative to Tennessee heritage protection the Tennessee Historical Commission shall evaluate the following considerations when rendering a decision:

(a) Whether the proposed change serves the public interest;

(b) Whether the proposed change has any commercial overtones;

(d) Whether the proposed change has demonstrated support or opposition from local residents;

(e) If a change in name or rededication is proposed, whether the change is in conformance with the character of the existing names or dedications in the area;

(f) If a change in name or rededication is proposed, whether the change is duplicative of other nearby site names or dedications;

(g) Whether the proposed change is offensive or has derogatory or defamatory implications;

(h) Whether the proposed change detracts from or enhances the commemoration of the conflict, event, entity, figure, or organization previously commemorated;

(i) Whether the proposed change is expected to have a significant positive or negative economic impact;

(j) Whether the proposed change could cause confusion for visitors interested in the site;

(k) Whether the proposed change diminishes or enhances the historic integrity of the site;

(l) Whether the proposed change is relative to a historic site or memorial on the National Register of Historic Places or a national historic landmark; and (m) If a relocation is proposed, whether the new location is appropriate.

(2) The enumeration of the considerations in paragraph (1) of this rule does not prevent the Tennessee Historical Commission from taking into account other considerations.

History

Authority: T.C.A. §§ 4-11-101 et seq.
Administrative History: Original rule filed October 19, 2017; effective January 17, 2018.