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.
- Notice of Rulemaking Hearing for Rule 0400-15-01 Reuse of Soil Containing Hazardous Substance Off the Site of Excavation
Released October 12, 2021
As a result of an increase in construction in urban areas of the state, soil excavated from construction sites may be reused as fill 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). The Division of Remediation (“DOR”) provides oversight of this practice by evaluating the suitability of reusing soil that contains hazardous substances as fill after considering their concentration, the type of site receiving the contaminated soil (residential or industrial), and relative risks to public health and the environment. Soils containing hazardous substances that are excavated from one site and taken to another site may be discarded material and, therefore, solid waste subject to regulation under the solid waste rules in Chapter 0400-11-01. As a matter of public policy, the Department considers the problem of disposal of marginally contaminated soil at landfills as being expensive and a poor use of limited landfill space. With this rulemaking, the Department is seeking the best coordinated regulatory approach for addressing these marginally contaminated soils. The proposed amendments intend to provide an exemption from the solid waste rules in Chapter 0400-11-01 provided the soil is managed in accordance with DOR’s new Rule 0400-15-01-.04. This new rule is applicable to soil containing a hazardous substance or substances in concentrations above natural background that is or has been excavated and reused off the site of excavation. It does not apply to soil:
• Reused on the same property,
• That contains a hazardous substance or substances in concentrations at or below natural background,
• That contains polychlorinated biphenyls (PCBs) regulated by the federal Toxic Substances Control Act, or
• That contains hazardous waste subject to the Hazardous Waste Management Act.
An initial set of draft rules (redline copy) has been prepared for public review and comment.
Information on the public hearing is described on Page 1 of the Rulemaking Notice. 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: Evan W. Spann, William R. Snodgrass TN Tower, 312 Rosa L. Parks Avenue, 14th Floor, Nashville, Tennessee 37243; telephone 615-532-8004 or email: Evan.W.Spann@tn.gov. However, such written comments must be received by 4:30 PM CST, December 15, 2021, in order to assure consideration. For further information, please contact Evan W. Spann at the mailing address, telephone number, or e-mail address as given above.
- Comment Period for Proposed Guidance Regarding Vapor Intrusion for Sites Enrolled in the Brownfields Projects Voluntary Oversight and Assistance Program
Released October 11, 2021
The Division of Remediation is soliciting comments for the Draft Vapor Intrusion Guidance for sites enrolled in the Brownfield Projects Voluntary Oversight and Assistance Program. The comment period begins on October 12, 2021 and will end on December 13, 2021. Please use the excel sheet to make comments and submit those comments to Division.Remediation@tn.gov. The draft guidance document has line numbers, please be sure to include the line number(s) for comments. If a comment relates to a figure or table, please include the applicable figure or table number.
- Notice of Rulemaking Hearing for Ammendments to Rule 0400-15-03 Drycleaner Environmental Response Program
Released June 11, 2021; Updated October 1, 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.
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: firstname.lastname@example.org. All comments must be received by 4:30 PM CDT, August 10, 2021, in order to assure consideration. Note: The comment period is now closed. Responses to comments will be updated soon.
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