Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter B - REMEDY STANDARDS › Section 350.33 - Remedy Standard B

Current through Reg. 49, No. 28; July 12, 2024
(a) To attain
				  Remedy Standard B, the person shall:
(1)
				  Remove, decontaminate, and/or control the surface soil, subsurface soil, and
				  groundwater human health PCLE zones, other environmental media, and hazardous
				  and non-hazardous waste in accordance with the provisions of this section such
				  that humans will not be exposed to concentrations of COCs in the exposure media
				  in excess of the residential or commercial/industrial critical human health
				  PCLs, as applicable, at the prescribed, or any approved alternate POEs
				  established for environmental media in accordance with §
											350.37
				  of this title (relating to Human Health Points of Exposure);
(2) Ensure that leachate from the surface and
				  subsurface soil PCLE zones does not increase the concentration of COCs in class
				  2 groundwater above the measured concentration at the time of RAP submittal in
				  circumstances when an alternate POE to class 2 groundwater is authorized in
				  response to subsection (f)(4) of this section; and
(3) Use either subparagraph (A) or (B) of
				  this paragraph to respond to an affected property when either the initial
				  concentrations of COCs within environmental media exceed only the ecological
				  PCLs (i.e., there is no exceedence of human health PCLs) or when there will be
				  residual concentrations of COCs above the ecological PCLs following completion
				  of a human health response action. When human health PCLs are exceeded within
				  environmental media at an affected property, a person must perform a response
				  action pursuant to paragraph (1) of this subsection to address these risks to
				  human health unless the person adequately demonstrates that the threats to
				  human health are minimal and that a human health-based response action would
				  have a significant and highly disproportionate effect on ecological receptors.
(A) The person shall remove, decontaminate,
				  and/or control the environmental media, and hazardous and non-hazardous waste
				  in accordance with the provisions of this section such that ecological
				  receptors will not be exposed to concentrations of COCs in the exposure medium
				  in excess of the ecological PCLs at the POEs determined in accordance with
				  §
												350.77
				  of this title (relating to Ecological Risk Assessment and Development of
				  Ecological Protective Concentration Levels).
(B) When, after consultation with the Natural
				  Resource Trustees, it is determined appropriate by the executive director, the
				  person may use the results of a Tier 2 or 3 ecological risk assessment
				  performed in accordance with §
												350.77
				  of this title (relating to Ecological Risk Assessment and Development of
				  Ecological Protective Concentration Levels) and other appropriate information
				  or data to conduct an ecological services analysis of the affected property.
				  However, an ecological services analysis must be conducted whenever
				  concentrations of COCs which exceed ecological PCLs are proposed to be left in
				  place with the potential for continuing exposure. The ecological services
				  analysis must, at a minimum, include an evaluation of the effects of reasonable
				  and feasible remediation alternatives, including complete
				  removal/decontamination to PCLs and a control measure to prevent ecological
				  exposure to COCs in excess of ecological PCLs, with respect to present and
				  predicted losses of ecological services; and clear justification for leaving
				  COCs in place above ecological PCLs. Furthermore, the person shall also ensure,
				  where appropriate, that the ecological services analysis includes a plan to
				  provide compensatory ecological restoration which may also be combined with
				  some type of active response action (e.g., hot spot removal) or passive
				  response action (e.g., natural attenuation) for the affected property. The
				  ecological services produced by the restoration activity must exceed the future
				  ecological service decreases potentially associated with the continued exposure
				  to COCs and/or any selected response action at the affected property. The
				  person must conduct the compensatory ecological restoration and other
				  activities associated with the ecological services analysis with the approval
				  of and in cooperation with the Natural Resource Trustees. The executive
				  director may develop guidance which further describes the ecological services
				  analysis process.