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 350.31 - General Requirements for Remedy Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The person shall ensure the affected
				  property is rendered protective of human health and the environment and shall
				  use Remedy Standard A or B to satisfy cleanup responsibilities at affected
				  properties subject to these rules as specified in §
										350.2 of
				  this title (relating to Applicability) unless an alternative approach is
				  required by another commission regulation, permit, or order.
(b) For Remedy Standards A and B, in order
				  for a treatment process, including monitored natural attenuation, to achieve
				  decontamination rather than being a physical control measure, the person must
				  demonstrate that the treatment process permanently and irreversibly destroys or
				  extracts COCs in a waste or environmental medium to concentration levels below
				  the critical PCLs and must further demonstrate that any residue remaining after
				  treatment will not pose a threat of a future release of COCs into environmental
				  media at concentration levels greater than the critical PCLs. The executive
				  director shall initially presume that stabilization, solidification, and
				  fixation processes are physical control measures rather than decontamination.
				  The person may rebut this initial presumption by demonstrating that a
				  stabilization, solidification, or fixation process can achieve the performance
				  requirements for a decontamination action.
(c) The person shall sufficiently address
				  affected properties such that surface and subsurface structures do not contain
				  explosive atmospheres originating from the released COCs, and areas of routine
				  construction are adequately protected. The person should consider the proximity
				  of volatile NAPLs and high concentrations of volatile COCs to utility conduits,
				  basements, storm or sanitary sewers, and other surface and subsurface
				  structures which may be subject to vapor accumulations. The person shall
				  conduct monitoring as appropriate and take appropriate actions based on those
				  findings.
(d) The person shall
				  notify the executive director and the agency's office in the region where the
				  affected property is located in writing at least 10 days in advance of
				  performing confirmation sampling to demonstrate that a response action is
				  complete and a remedy standard has been attained.
(e) Unless a response action completion
				  report (RACR) has been approved or is pending review by the executive director,
				  the person shall submit a response action effectiveness report (RAER) to the
				  executive director every three years following submittal of the
				  self-implementation notice (SIN) for Remedy Standard A or the date of approval
				  of the response action plan (RAP) for Remedy Standard B by the executive
				  director to document that sufficient progress is being made to achieve the
				  remedy. The RAER shall be accompanied by an affected property assessment report
				  (APAR) unless an APAR has previously been submitted. The executive director may
				  require a more frequent reporting period. If insufficient progress is being
				  made, the executive director may require the person to evaluate an alternative
				  response action and/or to perform an alternative response action.
(f) Within 90 days of completing a Remedy
				  Standard A response action, the person shall submit a RACR for review and
				  approval by the executive director. The RACR shall be accompanied by an APAR
				  unless an APAR has been previously submitted.
(g) The person attaining Remedy Standard A
				  for commercial/industrial land use or Remedy Standard B for residential or
				  commercial/industrial land use shall provide proof of compliance with the
				  institutional control requirements in §350.111(b),(b)(2), (3), (5), or (6)
				  of this title (relating to Use of Institutional Controls), as applicable,
				  within 90 days of the approval of the RACR by the executive director.
(h) To inform others of ongoing long-term
				  response actions, the executive director may require the person to provide
				  proof of compliance with the institutional control requirements in
				  §350.111(b),(b)(1) of this title (relating to Use of Institutional
				  Controls) within 90 days of a determination made under paragraphs (1) or (2) of
				  this subsection.
(1) The response action is
				  predicted in the SIN, RAP, or RAER to take in excess of 15 years from the date
				  of submittal of the SIN or the date of executive director approval of the RAP
				  to achieve the requirements of subsection (a) of this section at the affected
				  property, or
(2) The response
				  action has not been completed within 15 years of submittal of the SIN or the
				  date of executive director approval of the RAP, and the executive director
				  determines that:
(A) the progress of the
				  response action is unsatisfactory; or
(B) performance monitoring data indicates
				  that the concentrations of COCs will not be reduced to the critical residential
				  PCLs within an additional time frame, which is reasonable given the particular
				  circumstances of an affected property.