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

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 at 10 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.