Important Changes

Fees and Notifications

• The fees and notifications section now has a designated email address that all notifications forms can be sent to. The email address is: notification.fees@tn.gov
• The Division is happy to provide an updated Tank Owner Quick Reference Guide and Tank Operator Reference Guide.

Revised Enforcement Policy:

        The revised enforcement policy was finalized on September 16, 2022, after being presented to the Underground Storage Tank and Solid Waste Disposal Control Board and the posting period expired on the Tennessee Department of Environment and Conservation’s (TDEC) policy on policies draft policy webpage. The document is primarily designed for and implemented by the Division’s enforcement team who evaluate the consequences of owners and operators continued regulatory non-compliance with the Division rules under the Tennessee Petroleum Underground Storage Tank Act. The policy outlines specific steps for staff to follow covering everything from the initial enforcement referral by field staff to the enforcement team, the review process, rule violations that require operator retraining, the matrix used to calculate penalties, and much more.  The most significant change associated with the revised policy is to update the document per the rule changes that went fully into effect in Tennessee on October 13, 2021, initially promulgated by the U.S.E.P.A in 2015. Tennessee’s regulatory programs are required to be at least as stringent as federal rules to be deemed a state approved program. An additional revision includes operator retraining that can now be initially required by field staff, instead of the enforcement team, due to certain violations discovered during an operational compliance inspection. The revised policy helps Division staff equally apply the requirements of the Tennessee Petroleum Underground Storage Tank rules, increases awareness, knowledge, and transparency of our procedures and processes for all our stakeholders. This revised policy can be viewed here.

Complaint Response Policy

        The revised complaint response policy was finalized on February 22, 2022, after being presented to the Underground Storage Tank and Solid Waste Disposal Control Board and the posting period expired on the Tennessee Department of Environment and Conservation’s (TDEC) policy on policies draft policy webpage. This document is designed to provide guidance to Division staff, ensure staff are responsive to citizen environmental complaints, make certain the Division is properly implementing the Division’s rules under the Tennessee Petroleum Underground Storage Tank Act (ACT) when addressing citizen environmental complaints, and so that internal decisions remain consistent and transparent. The policy includes everything from response timelines, database entry, standards of proper documentation, how to make referrals to other agencies, etc. Valid environmental complaints that fall under the UST Division’s jurisdiction include petroleum USTs regulated under the ACT. Valid environmental complaints that fall outside of the UST Division’s jurisdiction are timely referred to other TDEC regulatory Divisions, other agencies, or municipalities as appropriate. This new policy can be viewed here.

Scope of Fund Reimbursement Operational Compliance Inspection Process (Rule 0400-18-01-.09(6) Guidance)

    The revised complaint response policy was finalized on September 12, 2022, after being presented to the Underground Storage Tank and Solid Waste Disposal Control Board and the posting period expired on the Tennessee Department of Environment and Conservation’s (TDEC) policy on policies draft policy webpage. This document provides internal guidance for Division staff and does not create legal rights or obligations. The purpose of this guidance is an internal process outline that incorporates changes of the UST petroleum fund reimbursement rules, .09(6). The .09(6) rule revision is part of rule amendments effective June 15, 2022. The .09(6) rule requires the Division to determine the regulatory compliance status of the facility when a suspected or a confirmed petroleum release occurs. The Division accomplishes this by performing a timely operational compliance inspection, including compliance documentation, in response to petroleum releases. By rule, the compliance status and types of UST system equipment determines the amount of fund deductible for costs of abatement, assessment, and cleanup of a petroleum release. The guidance includes workflow steps for supervisors and staff, standardized types of correspondence, and the fund reimbursement review processes. The new guidance can be viewed here.