Remediation

Public Participation Opportunities

Virtual Participation Instructions and Guidance

(For participation in public meetings/hearings through web conferencing)

Please note that you may also participate in public hearings by telephone. Call-in information for each hearing, as well as a number to call during the hearing for technical assistance, is provided in each public notice.

  • EPA Releases New Residential Soil Screening Levels for Lead

 January 22, 2024

The United States Environmental Protection Agency has released an update to the resident soil screening level for lead. The RSL tables have not been updated since Nov 2023, but as noted in EPA’s January 17, 2024 release, 200 ppm lead for screening of resident soil is effective immediately.

More information on the Division of Remediation screening levels can be found on the Division of Remediation website within the DOR Laws, Rules, and Guidance section.

  • Public Notice of Rule Making Hearing for Amendment to Chapter 0400-15-03

Released October 20, 2023

 
The Drycleaner Environmental Response Program (DCERP) has the responsibility of administrating a program established by The Drycleaner’s Environmental Response Act of 1995. The program reimburses eligible parties for the investigation and remediation of sites contaminated with drycleaning solvent. DCERP rules also require active drycleaners and solvent suppliers/distributors to implement Best Management Practices (BMPs) to mitigate the environmental impact from releases and the waste generated by facility operations. The primary purpose of these amendments is to update the regulatory language to make these rules easier to understand for the regulated community. More specifically:

Rule 0400-15-03-.01 changes numbering to ensure uniformity with other rules. It also will allow for electronic reporting. The changes further define investigations at a dry-cleaning facility and compliance with best management practices. Furthermore, the amendments describe the failure to comply with BMPs and the subsequent consequences.

Rule 0400-15-03-.02 clarifies several of the definitions used in the rule and deletes unused definitions.

Rule 0400-15-03-.03 adds or further defines requirements for out-of-state distributors, new drycleaning facilities, and current or prior owners/operators of abandoned wholesale distributor facilities.

Rule 0400-15-03-.04 is amended to require a written spill contingency plan, for which the Department will develop a template. The BMP section also discusses a facility’s fund eligibility relating to implementing these best management practices as described in the rules. There are procedures for solvent transfer, solvent removal, and wastewater/waste storage and disposal. Processes for closing a facility and notification to the Department are also delineated. Because paragraphs (5) through (7) of this rule were duplicative, these paragraphs were removed. Paragraph (8) of this rule was removed because the Drycleaners Environmental Response Board was sunset.

Rule 0400-15-03-.05 adds a requirement for active and abandoned facilities to maintain any known recorded incidents of noncompliance and previous orders from the Department or a local department of health. The amendments also provide descriptions of limitations or disqualifications for access to the DCERF.

Rule 0400-15-03-.06 clarifies how the Department may withdraw approval from an applicant.

Rule 0400-15-03-.08 defines certain activities that may not be reimbursed from the fund. Additional language is added to clarify that facility owners/operators in the DCERP are not eligible for DCERF reimbursement for costs already covered by insurance claims proceeds.

Rule 0400-15-03-.09 brings the language in this rule into conformity with the definitions and clarifies responsibilities for Drycleaner Approved Contractors. Paragraph (4) of this rule was deleted to reflect current practice.

Rule 0400-15-03-.10 describes enforcement actions that the Department can take related to failure to follow the rules in this chapter.

An initial set of draft rules and its redline version has been prepared for public review.

The public hearing is scheduled for December 14, 2023 from 10 am to 11 am Central Standard Time. The meeting will be held in person and virtually. Location and sign on information is available in the rulemaking notice

Oral or written comments are invited at the hearing. In addition, written comments may be submitted prior to the public hearing to:

Tennessee Department of Environment and Conservation, Division of Remediation;
Attention: Robin L. Heriges,
William R. Snodgrass TN Tower
312 Rosa L. Parks Avenue, 14th Floor
Nashville, Tennessee 37243
telephone (615) 741-4936

or by email: dry.cleaners@tn.gov

However, such written comments must be received by 4:30 PM CDT, December 14, 2023, to assure consideration.  

  • Public Notice of Rule Making Hearing for Amendment to Chapter 0400-11-01

Released September 11, 2023

The Department of Environment and Conservation is proposing to amend Chapter 0400-11-01 and to create a new Chapter 0400-15-04, and is scheduling a rulemaking hearing for 10:00 a.m. Central Time, on November 16, 2023, to be held in Multimedia Room, of the William R. Snodgrass Tennessee Tower, 3rd Floor.

This rule would regulate the use of soil excavated from construction sites at other locations. These soils may contain varying concentrations of hazardous substances and can also potentially contain solid waste, hazardous waste, or polychlorinated biphenyls (PCBs). Soils containing hazardous substances that are excavated from one site and taken to another site may be discarded material subject to regulation under the solid waste rules in Chapter 0400-11-01.

This rule would establish a coordinated regulatory approach for addressing these less contaminated soils. The proposed amendments would provide an exemption from the solid waste rules in Chapter 0400-11-01 if the soil is managed in accordance with this rule. The rule would prohibit offsite use of soil that contains PCBs or hazardous waste.

This rule defines Category 1 soil as containing a hazardous substance at or below natural background levels or below EPA screening levels. Category 1 soil may be reused offsite without additional requirements. This rule defines Category 2 soil as containing a hazardous substance that does not qualify as Category 1 soil, as well as soil that contains volatile organic compounds. Category 2 soil must be adequately characterized prior to reuse. If it does not contain PCBs or hazardous waste, Category 2 soil excavated from a Brownfields Project Voluntary Cleanup Oversight and Assistance Program (VOAP) site may be reused at another VOAP site, or at a site approved by the Commissioner.

Redline Copy of Chapter 0400-11-01

Signed Copy of Chapter 0400-11-01


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