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  • Public Notice of Rule Making Hearing for Amendment to Chapter 0400-11-01

Released September 11, 2023

The Department of Environment and Conservation is proposing to amend Chapter 0400-11-01 and to create a new Chapter 0400-15-04, and is scheduling a rulemaking hearing for 10:00 a.m. Central Time, on November 16, 2023, to be held in Multimedia Room, of the William R. Snodgrass Tennessee Tower, 3rd Floor.

This rule would regulate the use of soil excavated from construction sites 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). Soils containing hazardous substances that are excavated from one site and taken to another site may be discarded material subject to regulation under the solid waste rules in Chapter 0400-11-01.

This rule would establish a coordinated regulatory approach for addressing these less contaminated soils. The proposed amendments would provide an exemption from the solid waste rules in Chapter 0400-11-01 if the soil is managed in accordance with this rule. The rule would prohibit offsite use of soil that contains PCBs or hazardous waste.

This rule defines Category 1 soil as containing a hazardous substance at or below natural background levels or below EPA screening levels. Category 1 soil may be reused offsite without additional requirements. This rule defines Category 2 soil as containing a hazardous substance that does not qualify as Category 1 soil, as well as soil that contains volatile organic compounds. Category 2 soil must be adequately characterized prior to reuse. If it does not contain PCBs or hazardous waste, Category 2 soil excavated from a Brownfields Project Voluntary Cleanup Oversight and Assistance Program (VOAP) site may be reused at another VOAP site, or at a site approved by the Commissioner.

Redline Copy of Chapter 0400-11-01

Signed Copy of Chapter 0400-11-01

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