Notice of Rulemaking Hearing for Amendments to Rule 0400-15-03 Drycleaner Environmental Response Program

August 3, 2021


August 3, 2021

1:00 pm CDT


William R. Snodgrass Tennessee Tower 2nd Floor Conference Rooms A, B, and C 312 Rosa L. Parks Avenue Nashville, TN 37243


Released June 11, 2021

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, the rule amendments include:

• Adding clarifications and updates for program registration and BMP requirements;

• Updating the requirements for facility fund eligibility, making a program application, withdrawing an applicant’s grant of approval, applicant participation in the voluntary cleanup program, and program fund obligations;

• Clarifying the eligibility criteria and the grounds for removing an applicant from DCERP (such as a failure to implement required BMPs, to timely pay its drycleaner approved contractor, or to complete approved work);

• Providing the Department a greater ability to ensure that those that do not comply with the requirements of the rules are not able to take advantage of the Drycleaner Emergency Respond Fund (DCERF) and avoid greater financial liability;

• Adding a means to submit required documents electronically;

• Requiring that drycleaning facilities develop a spill contingency plan by June 30, 2023; and

• Removing antiquated references to the drycleaner environmental response board, which was deleted from the law in 2014.

You can review all proposed changes here: proposed DCERP rule changes-redline copy.

A Rulemaking Hearing has been scheduled for 1:00 p.m. Central on August 3, 2021 in the 2nd Floor Conference Rooms A, B, and C located in the William R. Snodgrass Tennessee Tower, 312  Rosa L. Parks Avenue, Nashville, TN. The hearing will also be held electronically and by phone. Details on joining electronically or by phone are included on Page 1 of the rulemaking notice filed with the TN Secretary of State

Oral or written comments are invited at the hearing. In addition, written comments may be submitted prior to or after 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 email: dry.cleaners@tn.govAll comments must be received by 4:30 PM CDT, August 10, 2021, in order to assure consideration.