The Division has now proposed the initiation of a rulemaking proceeding by the Board relative to the overall ARAP Program which is not limited just to culverting situations. At the Board's April 28, 1998 meeting, the Division presented the Board with an outline (copy attached) regarding the background of the ARAP Program and possible subjects for regulations to govern that Program. The Board requested that the Division present additional information regarding the ARAP Program at an upcoming Board meeting, and it is likely that the Board will make a decision at that time whether to proceed with the rulemaking process.
The regulated community – particularly persons, business entities or organizations with property management, construction, and development interests – should be aware of this potential rulemaking initiative. TDEC has not previously developed regulations specific to the ARAP Program and, if the Board proceeds with an ARAP rulemaking proceeding, we anticipate that the environmental community will extensively participate in the development of those regulations. The end product of such a process could have far-reaching effects on the regulated community.
TDEC ISSUES DRAFT MEMORANDUM OF AGREEMENT BETWEEN SUPERFUND AND SOLID WASTE REMEDIAL PROGRAMS
In an effort to clarify the appropriate state remedial program for contaminated sites in Tennessee, TDEC has issued a draft Memorandum of Agreement ("MOA") between the Division of Solid Waste Management ("DSWM") and the Division of Superfund ("DSF"). The concurrent development of DSF's Voluntary Cleanup Oversight and Assistance Program ("VOAP") and DSWM's State Remediation Section ("SRS") has caused some confusion as to which program should regulate specific inactive disposal sites in the state. Additionally, some concern has been expressed that responsible parties could "shop" sites to both divisions in search of more favorable treatment from one.
Certification as an Environmental Law Specialist is not currently available in Tennessee.
The draft MOA establishes the goal of attaining comparable protection of human health, safety, and the environment at all sites. This is to be achieved by the development of common soil standards (or a common methodology for their development); consistent procedures for identification and investigation of sites, and the selection of remedies; and procedures for implementing the new groundwater classification rules.
The MOA also establishes guidelines for assigning sites to the remedial programs. Old solid waste dumps are generally assigned to DSWM, unless they were never permitted or closed under DSWM supervision, and did not receive hazardous substances from industrial activities. Other hazardous substance sites are roughly assigned by the date on which disposal ceased: if it was before November 19, 1980, DSF governs the site; if after that date, DSWM handles the site. If a site has begun investigation with one division or the other, however, it will not change tracks because of the MOA. Additionally, the division directors may agree upon an assignment of any specific site.
TDEC is currently receiving public comment on the draft MOA. It is expected to be finalized in the near future.