Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 337 - DRY CLEANER ENVIRONMENTAL RESPONSE › Subchapter D - PRIORITIZATION AND RANKING › Section 337.31 - Ranking of Sites

Current through Reg. 49, No. 28; July 12, 2024
(a) Dry cleaning
				  site ranking system.
(1) The dry cleaning
				  site ranking system is a methodology designed to determine a numerical score
				  for a facility based on the executive director's judgment regarding various
				  factors that may impact human health or the environment.
(2) The executive director will rank dry
				  cleaning sites based on information provided in an application for ranking
				  package. An application for ranking will be accepted from persons eligible to
				  apply for a site to be ranked under Texas Health and Safety Code, §
											374.154(b).
(3) An application for ranking package must
				  contain:
(A) a completed application for
				  ranking;
(B) proof that an owner of
				  the real property has been notified of the application if the applicant is not
				  an owner of the real property;
(C)
				  proof that a lessee has been notified of the application if the applicant is an
				  owner of the real property and the facility is leased;
(D) evidence that the deductible has been met
				  in accordance with Subchapter E of this chapter (relating to
				  Deductible);
(E) laboratory
				  analyses of at least one groundwater sample (soil analyses may be substituted
				  with written approval of the executive director);
(F) geologic well log(s) from a monitoring or
				  supply well or hydrogeologic information from the contaminated site where the
				  groundwater or soil sample was taken;
(G) field survey to locate potential
				  receptors, including water wells and surface waters to at least 500 feet beyond
				  the boundary of the property;
(H) a
				  records survey to identify all water wells and surface water bodies within 1/2
				  mile of the boundary of the property;
(I) a full operational history of the
				  facility including types of solvent currently and previously used;
				  and
(J) any other information or
				  evidence the executive director considers necessary.
(4) Application for ranking packages that are
				  not administratively and technically complete as determined by the executive
				  director will not be ranked. The executive director will notify the applicant
				  in writing of such a determination.
(5) Factors the executive director may
				  consider in ranking sites include:
(A) types
				  of solvent currently in use;
(B)
				  types of solvent used in the past;
(C) operational history of the
				  facility;
(D) risk to drinking
				  water supplies;
(E) surface water:
(i) demonstrated impact to surface
				  water;
(ii) distance to surface
				  water; and
(iii) probability of
				  contamination;
(F)
				  groundwater:
(i) aquifer impacted;
(ii) depth to groundwater;
(iii) distance to nearest known groundwater
				  wells;
(iv) areal extent of
				  groundwater contaminated;
(v)
				  subsurface geology as it affects contamination migration;
(vi) concentrations of dry cleaning solvent
				  in the groundwater;
(vii)
				  probability of contamination; and
(viii) institutional controls prohibiting the
				  use of groundwater for potable purposes;
(G) alternative water source
				  availability;
(H) soil:
(i) soil type;
(ii) depth to groundwater;
(iii) depth of contamination;
(iv) concentrations of dry cleaning solvent
				  in the soil;
(v) quantity of soil
				  contaminated;
(vi) potential for
				  exposure to the contaminated soils; and
(vii) soil on the outcrop of a major or minor
				  aquifer, or the Edwards Aquifer recharge or transition zone;
(I) current and future land use;
				  and
(J) air contamination:
(i) potential for exposure to vapors;
				  and
(ii) potential for vapors to
				  migrate into buildings or other receptors.
(6) For all applications that are technically
				  and administratively complete, the executive director will rank the site and
				  notify an applicant of the relative ranking assigned to the applicant's site on
				  or before the 90th day after the date the application is received by the
				  executive director.
(7) If a site
				  has already been ranked by the executive director, an applicant may submit an
				  updated application for ranking to reflect changes in site conditions as a
				  result of corrective action or other circumstances. Such updates will be
				  limited to one per site per state fiscal year.
(8) The executive director may re-rank sites
				  where corrective action has occurred using monies from the Dry Cleaning
				  Facility Release Fund to reflect changes in site conditions as a result of
				  corrective action or other circumstances.