Tenn. Comp. R. & Regs. 0400-15-03-.04

Current through October 22, 2024

Section 0400-15-03-.04 - BEST MANAGEMENT PRACTICES

(1) Implementation of BMPs is necessary to prevent possible future releases of drycleaning solvents into the environment. A facility owner or operator's failure to implement BMPs may affect the facility owner or operator's fund eligibility pursuant to Rule 0400-15-03-.05.

(2) The requirements of this rule apply to all drycleaning facilities and in-state wholesale distribution facilities.

(3) To prevent drycleaning solvent releases, owners and operators of all active drycleaning facilities shall implement BMPs.

(a) Compliance with Existing Regulations and Standards

Except as set forth in T.C.A. § 68-217-113, this chapter does not exempt an owner or operator of any facility from complying with all requirements applicable to the operation of a drycleaning facility or wholesale distributor.

(b) Spill Contingency Plan

Drycleaning facilities shall have a written Spill Contingency Plan at the facility and readily available for inspection. This document shall be signed and dated by the facility owner or operator and shall be reviewed annually and updated as needed. A log of annual reviews denoting the date of the review and facility personnel involved shall be maintained and readily available for inspection. Existing facilities shall have a Spill Contingency Plan by June 30, 2024. New facilities that open after June 30, 2024, must prepare a Spill Contingency Plan within six months after commencing operations. The Spill Contingency Plan must identify and describe:

1. The type and approximate quantities of drycleaning solvent routinely present at the facility, including a facility layout map denoting the normal locations of solvents within the facility;

2. Reasonably foreseeable potential releases from both normal operations and accidents at the facility;

3. The potential pathways of human exposure to drycleaning solvents resulting from potential releases;

4. The likely magnitude and nature of the human exposure resulting from potential releases and the human exposure resulting from a worst-case scenario;

5. Drycleaning solvent handling methods, management and training practices, and any other programs in place at the facility or used during solvent transport operations that are designed to minimize or prevent solvent releases; and

6. The specific steps to be taken in the event of a fire, explosion, solvent spill, or other similar potentially catastrophic event occurring at or near the facility; the primary coordinator for such events.

(c) Solvent Delivery, Removal, and Transfer Systems

1. Drycleaning solvent shall be delivered to drycleaning facilities in such a manner as to minimize the possibility of spills and releases of solvent during transfer of the material. No pouring of drycleaning solvents from open buckets or other similar methods is allowed. The facility's certificate holder in subparagraph (h) of this paragraph shall be present and adequately monitor the delivery of drycleaning solvents to prevent overfills and spills. Dense non-aqueous solvents or products shall be delivered to drycleaning facilities via closed, direct-coupled delivery systems. Light non-aqueous solvents or products shall be pumped from the solvent container directly into the machine.

2. Removal of drycleaning solvent for disposal shall be conducted in such a manner as to minimize the possibility of spills and releases. The facility's certificate holder in subparagraph (h) of this paragraph shall be present and adequately monitor the removal of drycleaning solvents. During removal, solvent shall be pumped directly from the machine into containers that meet the requirements of subparagraph (d) of this paragraph. No pouring of drycleaning solvents from open buckets or other similar methods is allowed.

3. The transfer of solvent shall be conducted in a manner that minimizes the possibility of spills and releases. The facility's certificate holder in subparagraph (h) of this paragraph shall be present and adequately monitor the transfer. During transfer, solvent shall be pumped directly from the machine into either another drycleaning machine or containers that meet the requirements of subparagraph (d) of this paragraph. No pouring of drycleaning solvents from open buckets or other similar methods is allowed. The solvent in the containers shall be delivered to the receiving machine by pumping the solvent directly from the container into the receiving machine.

(d) Waste Management

1. As much as practicable, waste containing solvent shall be recycled. No person shall place, store, or dispose of drycleaning solvent, a material containing drycleaning solvent, or waste containing drycleaning solvent in a location or manner where the solvent, material, or waste, either by themselves or in combination with other substances, will cause or may cause a release of drycleaning solvent either in a concentrated or diluted form to soil, sediment, groundwater, or surface water. At a minimum, no person shall:

(i) Dispose of or place filters, diatomaceous earth, sludges, condensate water, still bottoms, or other waste material containing drycleaning solvent in a dumpster or other trash receptacle, on the ground, or in any location other than appropriate labeled storage containers for these materials;

(ii) Dispose of or place filters, diatomaceous earth, sludges, condensate water, separator water, still bottoms, or other waste material containing drycleaning solvent in a sanitary sewer, storm sewer, septic tank, or any underground structure which may result in a release;

(iii) Dispose of or place filters, diatomaceous earth, sludges, condensate water, still bottoms, or other waste material containing drycleaning solvent in a location or manner such that drycleaning solvent or a waste containing drycleaning solvent is released, or may be released, to the soil, sediment, groundwater, or surface water;

(iv) Pump or transport drycleaning solvent or waste containing drycleaning solvent through underground pipes or lines which are not readily visible or fail to ensure that the visible pipes or lines transporting drycleaning solvent or waste containing drycleaning solvent are placed in a trench sealed with a material impervious to tetrachloroethylene or the appropriate solvent(s) in use at the drycleaning facility; and

(v) Store a drycleaning solvent or waste containing a drycleaning solvent in an underground storage tank without documenting that the tank construction material is appropriate for the solvent material being stored or without providing upgrading and release detection in the same manner as required for petroleum stored in petroleum underground storage tanks subject to Chapter 0400-18-01, except the partial exclusions listed in subparagraph (2)(b) of Rule 0400-18-01-.01 shall not apply.

2. Regardless of the drycleaning facility's amount of solvent consumption or quantity of waste generation, waste containing or derived from dense non-aqueous drycleaning solvent shall be shipped off-site by a hazardous waste transporter permitted in accordance with Rule 0400-12-01-.04 to a designated facility, as defined in subparagraph (2)(a) of Rule 0400-12-01-.01, or to a drycleaning facility or in-state wholesale distribution facility otherwise authorized to receive the hazardous waste. A copy of all hazardous waste, hazardous material shipping manifests, and bills of lading shall be maintained at the drycleaning facility or a designated alternate site for inspection by the Department upon request. These records shall be maintained for a minimum period of five years.

3. Any waste containing or derived from light non-aqueous drycleaning solvent or product shall be placed in a sealed container, removed from the facility, and disposed of at a facility authorized by the Commissioner, EPA, or another state to manage this waste, regardless of the amount of the drycleaning facility's solvent consumption or waste generation. A record of the date, quantity of waste removed, and the disposal location shall be maintained at the drycleaning facility or a designated alternate site for inspection by the Department upon request. These records shall be maintained for a minimum of five years.

4. Waste shall be stored in labeled containers that are in good condition with tightly fitting lids to minimize the possibility of a release. The container may be constructed of steel, plastic, or fiberglass. Containers must be packaged, labeled, and marked in accordance with applicable federal Department of Transportation regulations and requirements. Waste containers shall be located in a non-high-traffic area of the facility and in an area that is not easily accessible to the general public. Waste containers shall be placed in secondary containment in accordance with subparagraph (f) of this paragraph.

5. Drycleaners may use evaporators or distillation units specifically designed to treat wastewater from drycleaning machines. Only units specifically designed to treat drycleaning solvents may be used, and the unit must be operated at all times in accordance with the manufacturer's specifications. Used equipment filters shall be properly managed in accordance with this subparagraph.

(e) Materials Storage

1. Solvent and solvent-containing material such as spotting agents shall be labeled and stored in containers that are in good condition with tightly fitting lids so as to minimize the possibility of a release. Containers shall be located in a non-high-traffic area of the facility and in an area that is not easily accessible to the general public. Containers shall be stored in secondary containment in accordance with subparagraph (f) of this paragraph. Containers of drycleaning solvent shall be handled with sufficient care to prevent damage to the containers or releases to the environment.

2. Safety Data Sheets or equivalent documentation for the drycleaning solvents that may be used at the facility shall be kept at the facility and available to the Department upon request.

(f) Containment Systems

1. Dikes or other containment systems shall be installed under and around each drycleaning unit, solvent storage area, and liquid waste storage areas. Facilities using dense solvent shall have a metal pan under all drycleaning units and drycleaning machines.

2. The system for each solvent storage and liquid waste storage area should be capable of containing a leak, spill, or release of drycleaning solvent up to a quantity equal to 110% of the total amount of solvent that may be used or stored in the containment area.

3. The system for each drycleaning unit should be capable of containing a leak, spill, or release of drycleaning solvent up to a quantity equal to 110% of the total amount of solvent that may be stored in the largest tank within the containment area.

4. To the maximum extent feasible, the sealants and other materials to be used in the construction of containment systems must be impervious to, and not allow the transmission of, drycleaning solvent.

5. The secondary containment units used for solvent and waste storage shall be constructed of steel or polyethylene and provide sufficient leak protection to prevent spills and releases from reaching the environment.

(g) Management of Releases of Drycleaning Solvents

1. All drycleaning facilities shall use release prevention methods. Facilities shall ensure that any release of drycleaning solvent is immediately contained and recovered to abate to the greatest extent reasonably possible, further consequences to human health and the environment.

2. If it becomes reasonably apparent that there has been a release of seven gallons or more of solvent or solvent-containing material, then the owner or operator of the facility shall take appropriate action to stop the release and contain the spilled solvent or solvent-containing material within 24 hours after discovery of the release and shall notify the Department of the release and the actions taken.

(h) Each drycleaning facility shall be staffed by at least one person who is a Certified Environmental Drycleaner (CED) as certified by the Drycleaning & Laundry Institute or its successor, or has a certification deemed equivalent by the Commissioner to meet this requirement. In the event of termination of employment or loss of certification by the CED, the owner or operator of the facility has six months to replace the CED. A certified person shall be on-site at all times the drycleaning machine is in operation; at any time the drycleaning machine is being inspected, maintained, or repaired; and at any time solvent or filters are added or removed from the drycleaning machine.

(i) To prevent the possible migration of solvents into soil, groundwater, or other media, all cracked flooring, floor drains, or other structural conditions or defects that might act as a release pathway for solvents shall be sufficiently sealed to prevent migration.

(j) Facility Closure

1. If a drycleaning facility is to be closed or remain out of operation as a drycleaning facility, or if a drycleaning machine is not used for 90 days or more, solvent and solvent-containing material, including all drycleaning waste, shall be properly removed from the facility and the machine. Within 90 days of ceasing operation, all solvent and waste, including filters, must be disposed of according to regulations. Solvent shall be pumped from any idled machine(s) either directly into another machine or into containers for transport or disposal. Solvent removal pumping activity shall be properly monitored by the facility's certificate holder.

2. At least 10 days before removing the solvent or solvent-containing material from the drycleaning facility, the drycleaning facility shall notify the Commissioner in writing and obtain approval from the DCERP.

3. Within 30 days of removing the solvent and solvent-containing material from the facility in accordance with part 1. of this subparagraph, the facility owner or operator shall send a notification to the Commissioner, on forms provided by the Commissioner, certifying the date and manner in which the facility was closed. Manifests and other documentation showing the disposition of the solvent, solvent-containing material, and waste shall be submitted with the letter.

(4) All in-state wholesale distribution facilities shall implement the BMPs established in this paragraph to prevent the release of drycleaning solvents.

(a) Spill Contingency Plan In-state wholesale distribution facilities shall have a written Spill Contingency Plan at the facility and readily available for inspection. This document shall be signed and dated by a facility owner or operator and shall be reviewed annually and updated as needed. A log of annual reviews denoting the date of the review and facility personnel involved shall be maintained and readily available for inspection. The Spill Contingency Plan must identify and describe:

1. The type and approximate quantities of drycleaning solvent located at the facility; including a to-scale facility layout map denoting the normal locations of solvents within the facility; the location of solvent transport vehicles;

2. Reasonably foreseeable potential releases from both normal operations and accidents at the facility;

3. The potential pathways of human exposure to drycleaning solvents resulting from potential releases;

4. The likely magnitude and nature of the human exposure resulting from potential releases and the human exposure resulting from a worst-case scenario;

(b) Materials Storage and Handling

1. Solvent and solvent-containing material shall be labeled and stored in containers that are in good condition with tightly fitting lids so as to minimize the possibility of a release. Containers should be located in an area that is not easily accessible to the general public.

2. Safety Data Sheets or equivalent documentation for the drycleaning solvents that may be stored or used at the facility shall be kept at the facility and available to the Department upon request. Monthly inspections of containers and storage areas shall be conducted and documented in a logbook. Logbooks shall be kept at the facility for a minimum of five years.

3. Drycleaning solvents shall be moved, handled, and transported with sufficient care to prevent damage to containers and releases to the environment.

(c) Management of Releases of Drycleaning Solvent

1. In-state wholesale distribution facilities shall have designated personnel to handle chemical spills and other similar circumstances and a designated primary coordinator for spills or other release situations that may occur at the facility or during transport of chemicals.

2. All in-state wholesale distribution facilities shall use release prevention methods. Facility owners or operators shall ensure that any release of drycleaning solvent is immediately contained and recovered, to abate to the greatest extent reasonably possible further consequences to human health and the environment.

3. If a PEP has reason to believe that there is or may be an imminent and substantial threat to human health related to a release at a facility, the PEP shall notify the Department of that fact as soon as possible but no later than 72 hours from the time of the discovery of the potential threat to human health. If it becomes reasonably apparent that there has been a release of seven gallons or more of solvent or solvent-containing material, then the facility owners or operators shall take appropriate action to stop the release and contain the spilled solvent or solvent-containing material within 24 hours after discovery of the release and shall notify the Department of the release and the actions taken.

(d) Containment Systems

1. Dikes or other containment systems shall be installed under and around each solvent storage area, liquid waste storage areas, and vehicle transport loading areas, or other facility features shall be in place that offer an equivalent level of protection and are designed to contain a release and prevent its migration into a sanitary sewer system or other utility pathways, onto other properties and surface areas, or into surface water, soil, or groundwater.

2. Containment systems must be capable of containing a leak, spill, or release of drycleaning solvent up to a quantity equal to 110% of the total amount of solvent that may be used, stored, or loaded for transport in the containment area.

3. To the maximum extent feasible, sealants and other materials to be used in the construction of containment systems should not allow the transmission of drycleaning solvent.

(e) To prevent the possible migration of solvents into soil, groundwater or other media, all cracked flooring, floor drains, or other structural conditions or defects that might act as a release pathway for solvents shall be sufficiently sealed to prevent migration.

(f) Drycleaning solvent shall be delivered to drycleaning facilities in such a manner as to minimize the possibility of spills and releases of solvent during transfer of the material. No pouring of drycleaning solvents from open buckets or other similar methods is allowed. Delivery of drycleaning solvents shall be adequately monitored to prevent overfills and spills. Dense non-aqueous solvents or products shall be delivered to drycleaning facilities via closed, direct-coupled delivery systems. Light non-aqueous solvents or products shall be delivered to drycleaning facilities via pumping from the solvent container directly into the machine from containers that meet the requirements of the federal Department of Transportation.

Tenn. Comp. R. & Regs. 0400-15-03-.04

Original rule filed June 19, 2012; effective September 17, 2012. Rule was renumbered from 1200-01-17 which was repealed. Amendments filed February 28, 2024; effective 5/28/2024.

Authority: T.C.A. §§ 4-5-201, et seq., and 68-217-101, et seq.