Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter A - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE IN GENERAL › Section 335.8 - Closure and Remediation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. The regulations of this section, in addition to other applicable
				  rules, permits, or orders, establish the obligation for persons to perform
				  closures or remediations for facilities or areas containing industrial solid
				  waste or municipal hazardous waste. The person can fulfill this obligation by
				  meeting the risk reduction standards of this section or the remedy standards of
				  Chapter 350 of this title (relating to Texas Risk Reduction Program), depending
				  on the time of initial notification to the executive director of intent to
				  conduct closure or remediation. The regulations of this section will remain in
				  effect for persons who notify the executive director before May 1, 2000, of a
				  closure or remediation in accordance with this section, unless the person
				  elects to comply fully with Chapter 350 of this title prior to that date.
				  Persons who notify of a closure or remediation in response to this section have
				  up to five years from May 1, 2000, within which to submit for executive
				  director review and approval according to this section a final report which
				  demonstrates attainment of risk reduction standards 1 or 2. Persons will
				  automatically qualify for this grandfathering provision if they have received a
				  letter from the agency acknowledging receipt of the initial notification, or
				  submit other forms of documentation by May 1, 2001, that proper and timely
				  notification had been made. The person who has submitted a final remedial
				  investigation report that fully complies with §
										335.553(b)(1)
				  of this title (relating to Risk Reduction Standard Number 3), prior to May 1,
				  2001, may elect to either continue under these rules or to proceed under
				  Chapter 350 of this title. Any person who qualifies for this grandfathering
				  provision and elects to continue using the provisions of this section may not
				  use any of the provisions of Chapter 350 of this title. If the executive
				  director denies approval of the final remedial investigation report under this
				  section for reasons of technical inadequacy, the executive director may require
				  the person to comply with the requirements of Chapter 350 of this title. For
				  closures and remediations initially reported to the executive director on or
				  after May 1, 2000, the person shall use the procedures of Chapter 350 of this
				  title. The regulations in this section supplement but do not replace any
				  requirements for closure or remediation specified in the regulations for the
				  programs subject to these rules and shall continue to apply as specified in
				  paragraphs (1) - (4) of this subsection to persons who qualify for this
				  grandfathering provision.
(1) Any person who
				  stores, processes, or disposes of industrial solid waste or municipal hazardous
				  waste at a facility permitted under §
											335.2(a)
				  of this title (relating to Permit Required), shall, unless specifically
				  modified by other order of the commission, close the facility in accordance
				  with the closing provisions of the permit.
(2) Any person who stores, processes, or
				  disposes of hazardous waste is also subject to the applicable provisions
				  relating to closure and post-closure in Subchapters E and F of this chapter
				  (relating to Interim Standards for Hazardous Waste Storage, Processing, or
				  Disposal Facilities; and Permitting Standards for Owners and Operators of
				  Hazardous Waste Storage, Processing, or Disposal Facilities,
				  respectively).
(3) Persons who have
				  received approval of closure or remediation plans by the executive director and
				  have either completed or not completed the action prior to June 28, 1993, may
				  either maintain or complete the action, as applicable, according to the
				  approved plan and are not subject to the requirements of this section unless a
				  substantial change in circumstances develops at the facility or area which
				  results in an unacceptable threat to human health or the environment as
				  described in §
											350.35
				  of this title (relating to Substantial Change in Circumstances). Plans or
				  reports submitted but not approved prior to June 28, 1993, will be reviewed
				  according to the regulations in effect at the time of document submittal. If
				  the executive director denies approval of the plan or report under those
				  regulations for reasons of technical inadequacy, the person must then comply
				  with the requirements of Chapter 350 of this title upon receipt of written
				  notice from the executive director that the plan or report is not approved.
				  Closure plans approved as part of an industrial solid or municipal hazardous
				  waste permit which was issued prior to June 28, 1993, but not implemented at
				  the time of permit renewal are subject to review for compliance with Chapter
				  350 of this title as part of the permit renewal process. Persons may resubmit
				  such plans or reports that they have revised voluntarily to conform with the
				  requirements of Chapter 350 of this title, unless such resubmittal would result
				  in noncompliance with a previously approved or imposed schedule of
				  compliance.
(4) The requirements of
				  this section do not apply to substances discharged or spilled from storage
				  tanks regulated by Chapter 334 of this title (relating to Underground and
				  Aboveground Storage Tanks).