Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter K - HAZARDOUS SUBSTANCE FACILITIES ASSESSMENT AND REMEDIATION › Section 335.341 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to establish an assessment and remediation program to
				  identify and assess facilities that may constitute an imminent and substantial
				  endangerment to public health and safety or the environment due to a release or
				  threatened release of hazardous substances into the environment. The provisions
				  of this subchapter supplement and therefore should be read in conjunction with
				  the provisions of Texas Health and Safety Code, Chapter 361, Subchapter F,
				  herein referred to as the Act.
(b)
				  This subsection describes the procedures for identifying, proposing, listing,
				  and delisting facilities on the State Registry.
(1) Prior to proposing a facility for
				  inclusion on the State Registry, the executive director shall first determine
				  whether any potential endangerment to public health and safety or the
				  environment at a facility can be resolved by the present owner or operator
				  under the federal Resource Conservation and Recovery Act, 42 United States Code
				  Annotated §§6901 et seq. (1976), as amended.
(2) If the potential endangerment cannot be
				  fully resolved by the present owner or operator, then the executive director
				  shall determine whether the potential endangerment can be resolved by voluntary
				  cooperation of some or all of the potentially responsible parties (PRPs)
				  identified in the Act, §361.271 or §361.275(g) pursuant to an agreed
				  administrative order issued by the commission or a Voluntary Cleanup Agreement
				  pursuant to Chapter 333 of this title (relating to Voluntary Cleanup Programs).
				  If a facility can be cleaned up pursuant to an agreed administrative order or
				  an executed Voluntary Cleanup Agreement, then it shall not be proposed for
				  listing.
(3) If, after reasonable
				  efforts, the executive director determines that the potential endangerment to
				  public health and safety or the environment cannot be resolved by either of
				  these approaches, the executive director shall evaluate the facility to
				  determine whether it is eligible for listing on the federal National Priorities
				  List established pursuant to the federal Comprehensive Environmental Response,
				  Compensation, and Liability Act, 42 United States Code Annotated,
				  §§9601 et seq. (1980), as amended.
(4) The executive director shall determine
				  whether the facility is eligible for proposed listing on the State Registry
				  only if, based on information available to the executive director, the facility
				  is not eligible for inclusion on the federal National Priorities
				  List.
(5) If the executive director
				  determines that the potential endangerment to public health and safety or the
				  environment can be resolved by any of the approaches described in paragraphs
				  (1) - (3) of this subsection, then the site will not be proposed for listing on
				  the State Registry. Notice of the approach selected to resolve the apparent
				  endangerment to public health and safety or the environment and the fact that
				  such action is being taken in lieu of listing the facility on the State
				  Registry shall be published in the
Texas Register.