reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 344 - LANDSCAPE IRRIGATION › Subchapter G - ADVERTISING, CONTRACT, AND WARRANTY › Section 344.71 - Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) All contracts
				  to install an irrigation system must be in writing and signed by each party and
				  must specify the irrigator's name, license number, business address, current
				  business telephone numbers, the date that each party signed the agreement, the
				  total agreed price, and must contain the statement, "Irrigation in Texas is
				  regulated by the Texas Commission on Environmental Quality (TCEQ), MC-235, P.O.
				  Box 13087, Austin, Texas 78711-3087. TCEQ's website is:
www.tceq.texas.gov
." All contracts must
				  include the irrigator's seal, signature, and date.
(b) All written estimates, proposals, bids,
				  and invoices relating to the installation or repair of an irrigation system(s)
				  must include the irrigator's name, license number, business address, current
				  business telephone number(s), and the statement: "Irrigation in Texas is
				  regulated by the Texas Commission on Environmental Quality (TCEQ) (MC-235 ),
				  P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is:
www.tceq.texas.gov
."
(c) An individual who agrees by contract to
				  provide irrigation services as defined in §
										344.30 of this
				  title (relating to License Required) shall hold an irrigator license issued
				  under Chapter 30 of this title (relating to Occupational Licenses and
				  Registrations) unless the contract is a pass-through contract as defined in
				  §
										344.1(36)
				  of this title (relating to Definitions). If a pass-through contract includes
				  irrigation services, then the irrigation portion of the contract can only be
				  performed by a licensed irrigator. If an irrigator installs a system pursuant
				  to a pass-through contract, the irrigator shall still be responsible for
				  providing the irrigation system's owner or owner's representative a copy of the
				  warranty and all other documents required under this chapter. A pass-through
				  contract must identify by name and license number the irrigator that will
				  perform the work and must provide a mechanism for contacting the irrigator for
				  irrigation system warranty work.
(d) The contract must include the dates that
				  the warranty is valid.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 344 - LANDSCAPE IRRIGATION › Subchapter G - ADVERTISING, CONTRACT, AND WARRANTY › Section 344.72 - Warranties

Current through Reg. 49, No. 28; July 12, 2024
(a) On all
				  installations of new irrigation systems, an irrigator shall present the
				  irrigation system's owner or owner's representative with a written warranty
				  covering materials and labor furnished in the new installation of the
				  irrigation system. The irrigator shall be responsible for adhering to terms of
				  the warranty. If the irrigator's warranty is less than the manufacturer's
				  warranty for the system components, then the irrigator shall provide the
				  irrigation system's owner or the owner's representative with applicable
				  information regarding the manufacturer's warranty period. The warranty must
				  include the irrigator's seal, signature, and date. If the warranty is part of
				  an irrigator's contract, a separate warranty document is not
				  required.
(b) An irrigator's
				  written warranty on new irrigation systems must specify the irrigator's name,
				  business address, and business telephone number(s), must contain the signature
				  of the irrigation system's owner or owner's representative confirming receipt
				  of the warranty and must include the statement: "Irrigation in Texas is
				  regulated by the Texas Commission on Environmental Quality (TCEQ), MC-235, P.O.
				  Box 130897, Austin, Texas 78711-3087. TCEQ's website is:
www.tceq.texas.gov
."
(c) On all maintenance, alterations, repairs,
				  or service to existing irrigation systems, an irrigator shall present the
				  irrigation system's owner or owner's representative a written and sealed
				  document that details the work performed and identifies the materials
				  furnished. If a warranty is provided, the irrigator shall abide by the terms.
				  The warranty document must include the irrigator's name and business contact
				  information. The irrigator is responsible for all work that is performed by the
				  irrigator or that is performed under the irrigator's direction on an irrigation
				  system installed by the irrigator during the warranty period. The irrigator is
				  not responsible for any work performed by any other individual on the same
				  irrigation system.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 344 - LANDSCAPE IRRIGATION › Subchapter H - IRRIGATOR ADVISORY COUNCIL › Section 344.80 - Irrigator Advisory Council

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Irrigator Advisory Council is composed of nine members that are appointed by
				  the commission. Appointments to the council will be made without regard to
				  race, creed, sex, religion, or national origin of the appointees. The purpose
				  of the council is to give the commission the benefit of the members' collective
				  business, environmental, and technical expertise and experience with respect to
				  matters relating to landscape irrigation. The council has no executive or
				  administrative powers or duties with respect to the operation of the
				  commission, and all such powers and duties rest solely with the
				  commission.
(b) Six members of the
				  council must be licensed irrigators who are residents of the State of Texas,
				  experienced in the irrigation business, and familiar with irrigation methods
				  and techniques.
(c) Three members
				  must be representatives of the public. A person is not eligible for appointment
				  as a public member if the person or the person's spouse:
(1) is licensed by an occupational regulatory
				  agency in the field of irrigation; or
(2) is employed by, participates in the
				  management of, or has, other than as a consumer, a financial interest in a
				  business entity or other organization related to the field of
				  irrigation.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter A - GENERAL INFORMATION › Section 350.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter specifies the information and procedures
					 necessary to demonstrate compliance with the Texas Risk Reduction Program. This
					 program provides a consistent corrective action process directed toward
					 protection of human health and the environment balanced with the economic
					 welfare of the citizens of this state. This program uses a tiered approach
					 incorporating risk assessment techniques to help focus investigations, to
					 determine appropriate protective concentration levels for human health, and
					 when necessary, for ecological receptors. The program also sets reasonable
					 response objectives that will protect human health and the environment and
					 preserve the active and productive use of land.
(1) The provisions of this chapter in no way
				  prohibit actions which should be taken by the person to mitigate emergency
				  situations, to abate an ongoing release, or to stabilize or abate the spread of
				  released chemicals of concern.
(2)
				  All engineering, geoscientific, and surveying information submitted to the
				  agency shall be prepared by, or under the supervision of, a licensed
				  professional engineer, licensed professional geoscientist, or licensed
				  professional surveyor and shall be signed, sealed, and dated by qualified
				  professionals as required by the Texas Engineering Practice Act, the Texas
				  Geoscience Practice Act, the Texas Professional Land Surveying Practices Act
				  and the licensing and registration boards under these acts.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter A - GENERAL INFORMATION › Section 350.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  applicability. On May 1, 2000, persons shall comply with the requirements of
				  this chapter to the extent not modified by the provisions of this section.
				  Before May 1, 2000, the person may use this chapter upon the effective date of
				  the chapter. The rules in this chapter specify objectives for response actions
				  for affected properties and further specify the mechanism to evaluate such
				  response actions once an obligation is established to take a response action
				  via other applicable rules, orders, permits or statutes. All actions undertaken
				  and demonstrations required by this chapter must be performed and documented to
				  the reasonable satisfaction of the executive director. Additionally, no person
				  shall submit information to the executive director or to parties who are
				  required to be provided information under this chapter which they know or
				  reasonably should have known to be false or intentionally misleading, or fail
				  to submit available information which is critical to the understanding of the
				  matter at hand or to the basis of critical decisions which reasonably would
				  have been influenced by that information. This chapter does not establish
				  requirements for reporting releases to program areas. The regulations in this
				  chapter address releases of chemicals of concern (COCs) as defined by various
				  programs subject to this chapter as specified in subsections (b) - (m) of this
				  section. However, the regulations in this chapter do not eliminate the need for
				  the person to meet any more stringent or additional requirements found in the
				  particular rules for the covered program areas or applicable federal
				  requirements.
(b) Property where a
				  release of COCs occurs that is regulated under Chapter 327 of this title
				  (relating to Spill Prevention and Control), as amended. The person shall first
				  complete notification for releases under §
										327.3
				  of this title (relating to Notification Requirements), as amended, and then
				  conduct response actions under §
										327.5
				  of this title (relating to Actions Required), as amended. The person shall
				  utilize this chapter to conduct response actions when either the conditions of
				  paragraphs (1) or (2) of this subsection apply.
(1) The person chooses to respond under this
				  chapter to a release of COCs within the first six months after the release is
				  reported to the executive director.
(2) The person determines that the response
				  action to the release of COCs cannot be completed to the satisfaction of the
				  executive director within the first six months following notification to the
				  executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter A - GENERAL INFORMATION › Section 350.3 - Process

Current through Reg. 49, No. 28; July 12, 2024
Once a release of COCs as defined by various programs has
					 been identified and reported pursuant to rules or procedures established by one
					 of the program areas identified in §
										350.2 of
					 this title (relating to Applicability), this chapter controls the assessment
					 and any action taken in response to that release. Upon initial notification to
					 the appropriate program, the person will follow the general process as stated
					 in paragraphs (1) - (5) of this section to demonstrate compliance with this
					 chapter.
(1) The person shall conduct
				  an affected property assessment, classify groundwater, determine land use, and
				  notify affected property owners in accordance with this subchapter and
				  Subchapter C of this chapter (relating to Affected Property
				  Assessment).
(2) The person shall
				  determine critical protective concentration levels in accordance with
				  Subchapter D of this chapter (relating to Development of Protective
				  Concentration Levels) for the appropriate environmental media.
(3) The person shall develop a response
				  action capable of attaining the response objectives under Remedy Standard A or
				  B in accordance with Subchapter B of this chapter (relating to Remedy
				  Standards).
(4) The person shall
				  develop and submit the reports required in Subchapter B of this chapter
				  (relating to Remedy Standards) which contain the information specified for each
				  report in Subchapter E of this chapter (relating to Reports). The sequencing of
				  report submission is illustrated in the following figure.
Attached
					 Graphic
(5) The
				  person shall implement the response action, document conformance with the
				  response objectives, and if required, file institutional controls, perform
				  post-response action care, and establish financial assurance in accordance with
				  Subchapter B of this chapter (relating to Remedy Standards).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter A - GENERAL INFORMATION › Section 350.5 - Severability

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this chapter are intended to be severable
					 and are deemed severable and, should any provision of this chapter be rendered
					 unenforceable by a court of competent jurisdiction or other appropriate
					 authority, the remaining provisions shall remain valid and
					 enforceable.
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 350.32 - Remedy Standard A

Current through Reg. 49, No. 28; July 12, 2024
(a) To attain
				  Remedy Standard A, the person shall within a reasonable time frame given the
				  particular circumstances of an affected property:
(1) Remove any listed hazardous waste as
				  defined in 40 Code of Federal Regulations Part 261, Subpart D, as amended,
				  which is contained within a waste management facility component (e.g., tank,
				  surface impoundment, etc.) or which is separable from environmental media using
				  simple mechanical removal processes;
(2) Remove and/or decontaminate any waste or
				  environmental media which is characteristically hazardous due to ignitability,
				  corrosivity, reactivity, or toxicity characteristic as defined in 40 Code of
				  Federal Regulations Part 261, Subpart C, as amended;
(3) Remove and/or decontaminate the surface
				  soil, subsurface soil, and groundwater PCLE zones, other environmental media,
				  and non-hazardous waste to achieve COC concentration levels below the
				  residential or commercial/industrial critical PCLs, as applicable;
				  and
(4) Demonstrate the affected
				  property is protective for ecological receptors.
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 350.35 - Substantial Change in Circumstances

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon receipt of approval by the executive director of the RACR, performance of
				  applicable post-response action care, maintenance of any applicable financial
				  assurance, and termination of any applicable post-response action care period
				  by the executive director, the person will have completed the obligations of
				  this chapter unless a substantial change in circumstances results in an
				  unacceptable risk to human health or the environment.
(b) No person shall cause, suffer, allow, or
				  permit a threat to human health or the environment by changing a land use
				  specified in an approved RACR from commercial/industrial to residential or by
				  removing, altering or failing to maintain a physical or institutional control
				  that applies to an affected property that underwent an approved response
				  action.
(c) If a person plans to
				  change the land use from commercial/industrial to residential, or to eliminate
				  or modify the use of a physical control or institutional control, then that
				  person shall take any actions necessary to make the property protective for
				  such changed conditions. The person making the change shall notify the
				  executive director in writing at least 60 days prior to changing the land use
				  or the use of the approved physical or institutional controls. The person may
				  self-implement actions to satisfy the requirements of paragraph (1) or (2) of
				  this subsection but must obtain prior approval of the executive director to
				  undertake actions for paragraph (3) of this subsection. The person making the
				  change shall then provide a reevaluation of the property at least 30 days prior
				  to the date of the planned change such that the person is able to demonstrate:
(1) that levels of COCs have degraded to
				  concentration levels below the applicable critical PCLs for the planned land
				  use or property condition change;
(2) that the COC removal or decontamination
				  will meet the applicable critical PCLs for the planned land use or property
				  condition change; or
(3) that the
				  application of a proposed physical and/or institutional control will ensure
				  adequate protection of human health and the environment. Any proposed
				  institutional control shall conform with all requirements of §
											350.111
				  of this title (relating to Use of Institutional Controls).
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 350.36 - Relocation of Soils Containing Chemicals of Concern for Reuse Purposes

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must
				  comply with this section when relocating soils for reuse purposes from an
				  affected property (on-site or off-site) which is undergoing or has completed a
				  response action under Remedy Standard A or B and the soils contain COCs in
				  excess of naturally occurring background concentrations. Relocation of soils
				  which contain COCs may be subject to additional requirements or limitations
				  (e.g., land disposal restrictions) within each program area identified in
				  §
										350.2 of
				  this title (relating to Applicability). The person must treat excavated soils
				  containing non-aqueous phase liquids to applicable levels prior to relocation
				  or else manage the soils as wastes. The excavation of soils containing COCs
				  during construction activities (e.g., installation, repair, removal of
				  telephone lines or other utilities, but not closures, remediations, or PST tank
				  removal actions, for example) and the subsequent replacement of those soils
				  into that same excavation shall not be considered to constitute relocation or
				  reuse and shall not be subject to the provisions of this section.
(b) The person may relocate soils for reuse
				  in response to Remedy Standard A when COCs meet the critical soil PCLs and the
				  following requirements for the new location.
(1) Soils to be reused must meet the
				  residential or commercial/industrial critical surface or subsurface soil PCLs
				  as applicable for the new location, depending upon depth of placement,
				  established in accordance with Subchapter D of this chapter (relating to
				  Development of Protective Concentration Levels).
(2) The soil reuse shall be protective of
				  ecological receptors at the new location.
(3) The soil reuse activity must allow the
				  requirements for Remedy Standard A response actions set forth in §
											350.32(a)
				  of this title (relating to Remedy Standard A) to be met at the new
				  location.
(4) The person shall
				  comply with the institutional control requirement for commercial/industrial
				  land use as specified in §
											350.31(g)
				  of this title (relating to General Requirements for Remedy Standards). Proof of
				  compliance with the institutional control requirement shall be submitted within
				  90 days of completing the relocation action.
(5) The reuse of soils with concentrations of
				  COCs which do not exceed the critical soil PCLs for the new location does not
				  require the prior approval of the executive director, when that new location is
				  within the boundary of on-site or off-site property which contains the affected
				  property (i.e., not just within the affected property limits).
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 350.37 - Human Health Points of Exposure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General. The person shall use the prescribed on-site and off-site POEs for
				  humans to environmental media to determine PCLs under Remedy Standard A in
				  response to §
										350.32 of this
				  title (relating to Remedy Standard A) and under Remedy Standard B in response
				  to §
										350.33 of this
				  title (relating to Remedy Standard B). In order to establish on-site or
				  off-site POEs for commercial/industrial land use, or alternate POEs for on-site
				  or off-site properties, the person must comply with §
										350.111
				  of this title (relating to Use of Institutional Controls). Consideration of
				  competent, existing physical controls during the pathway analysis described in
				  §
										350.71(d)
				  of this title (relating to General Requirements) does not negate or otherwise
				  supercede the POE locations specified in this section. Subsections (b) - (k) of
				  this section identify the media-specific prescribed, on-site and off-site POEs
				  while subsections (l) and (m) of this section establish alternate POEs for
				  class 2 and 3 groundwater under Remedy Standard B. When establishing on-site
				  and off-site POEs for residential or commercial/industrial land use, persons
				  shall use the appropriate receptor as required in §
										350.71(b)
				  of this title (relating to General Requirements) for the designated land
				  use.
(b) Air human health POEs.
(1) On-site POEs. The prescribed on-site POE
				  to air is within the breathing zone (2 meter height) directly over the soil or
				  groundwater COCs.
(2) Off-site
				  POEs. The prescribed off-site POE to air is within the breathing zone (2 meter
				  height) starting at the nearest boundary with and continuing throughout
				  neighboring off-site properties.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter C - AFFECTED PROPERTY ASSESSMENT › Section 350.52 - Groundwater Resource Classification

Current through Reg. 49, No. 28; July 12, 2024
The person shall use the following groundwater resource
					 classification system to classify each groundwater-bearing unit which contains
					 COCs at concentrations equal to or greater than the residential groundwater
					 assessment level. The person shall submit data which support the groundwater
					 resource classification in an affected property assessment report. If a
					 groundwater-bearing unit meets the criteria for more than one of the following
					 classifications, then the person shall assign the higher of the classifications
					 (e.g., if a groundwater-bearing unit falls in class 1 and class 3, it will be
					 classified as class 1), unless otherwise approved by the executive
					 director.
(1) Class 1 groundwater
				  resource. To be considered a class 1 groundwater resource, the
				  groundwater-bearing unit must meet at least one of the following conditions:
(A) any groundwater-bearing unit within 1/2
				  mile of an existing well used to supply drinking water to a public water system
				  as defined in §
											290.38 of
				  this title (relating to Definitions), as amended, which can contribute COCs to
				  the groundwater production zone of such public water supply well based on the
				  chemical properties of the COCs, the hydrogeology, and the construction of the
				  well;
(B) a groundwater-bearing
				  unit which is the only reliable source of water (i.e., a connection to a public
				  water system is not currently available and will not be provided to the
				  affected property as part of the RAP) not more than 800 feet below the land
				  surface that is capable of producing groundwater with a naturally occurring
				  total dissolved solids content of less than 1,000 milligrams per liter (mg/l)
				  and at a sustainable rate greater than 5,000 gallons per day to a well with a
				  four inch diameter casing or an equivalent sustainable rate in gallons per day
				  to a well with a smaller or larger diameter casing; or
(C) groundwater-bearing unit capable of
				  yielding groundwater with less than or equal to a naturally occurring total
				  dissolved solids content of 3,000 mg/l and at a sustainable rate greater than
				  or equal to 144,000 gallons per day to a well with a 12 inch diameter casing or
				  an equivalent sustainable rate in gallons per day to a well with a smaller or
				  larger diameter casing, and the natural quality of that groundwater meets all
				  primary drinking water standards as defined in 40 Code of Federal Regulations
				  Part 141, as amended.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter C - AFFECTED PROPERTY ASSESSMENT › Section 350.53 - Land Use Classification

Current through Reg. 49, No. 28; July 12, 2024
The person shall determine the current land use of all
					 properties affected with concentrations of COCs which exceed the residential
					 human health assessment levels. Land use shall be determined by comparison of
					 existing land use to the definitions for residential and commercial/industrial
					 land use as specified in §
										350.4 of
					 this title (relating to Definitions and Acronyms). In the event the land use
					 changes prior to the executive director's approval of the RACR, the PCLs must
					 be protective of that final land use. If off-site property or leased affected
					 property is determined to be commercial/industrial, the person must provide
					 written landowner concurrence for the associated institutional control in
					 accordance with §
										350.111
					 of this title (relating to Use of Institutional Controls), unless the property
					 is subject to zoning or governmental ordinance that is equivalent to the deed
					 notice, VCP certificate of completion or restrictive covenant that otherwise
					 would have been required.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter C - AFFECTED PROPERTY ASSESSMENT › Section 350.54 - Data Acquisition and Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The person submitting data to the agency
				  is responsible for the quality of the data.
(b) The person shall provide data that are of
				  sufficient and documented quality to meet the program and project objectives.
				  The data package, including the supporting quality control data generated by
				  the laboratory, shall be available upon a reasonable request by the agency
				  within and up to three years after submittal of the report. The project data
				  quality objectives should be included in the APAR, unless a response action is
				  self-implemented in which case the project data quality objectives should be
				  included in the RACR. These data quality objectives should include, but are not
				  limited to:
(1) the rationale for the sampling
				  design, including the number, type, location and intended use of
				  samples;
(2) the levels of required
				  performance (e.g., assessment level, critical PCL, attenuation action level)
				  and the applicable method quantitation limit in accordance with subsection
				  (e)(3) of this section for each COC; and
(3) the precision, accuracy,
				  representativeness, comparability, and data completeness objectives for the
				  project.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter D - DEVELOPMENT OF PROTECTIVE CONCENTRATION LEVELS › Section 350.72 - Carcinogenic Risk Levels and Hazard Indices for Human Health Exposure Pathways

Current through Reg. 49, No. 28; July 12, 2024
(a) The person
				  shall base the RBELs developed in accordance with §
										350.74
				  of this title (relating to Development of Risk-Based Exposure Limits) and the
				  PCLs developed in accordance with §
										350.75
				  of this title (relating to Tiered Human Health Protective Concentration Level
				  Evaluation) on the following carcinogenic risk level and hazard quotient.
(1) Carcinogenic COCs. The RBEL and PCL for
				  each carcinogenic COC, including those PCLs based on combined exposure
				  pathways, shall be based on a carcinogenic risk level of 1 x
				  10-5 (1 in 100,000) except when other standards
				  shall be used as RBELs as discussed in §
											350.74
				  of this title (relating to Development of Risk-Based Exposure
				  Limits).
(2) Noncarcinogenic COCs.
				  The RBEL and PCL for each noncarcinogenic COC, including those PCLs based on
				  combined exposure pathways, shall be based on a hazard quotient of 1 except
				  when other standards shall be used as RBELs as discussed in §
											350.74
				  of this title (relating to Development of Risk-Based Exposure
				  Limits).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter D - DEVELOPMENT OF PROTECTIVE CONCENTRATION LEVELS › Section 350.73 - Determination and Use of Human Toxicity Factors and Chemical Properties

Current through Reg. 49, No. 28; July 12, 2024
(a) In all cases,
				  the toxicity factors used must be protective of human health and the
				  environment. The person shall use the chronic human toxicity factors taken from
				  the following hierarchy of sources (unless otherwise specified in §
										350.76
				  of this title (relating to Approaches for Specific Chemicals of Concern to
				  Determine Human Health Protective Concentration Levels)) unless the specific
				  provision contained in subsection (b) of this section applies. The person shall
				  use the source in paragraph (1) of this subsection and only if the relevant
				  chronic human toxicity factor is not available in that source, proceed to the
				  source in paragraph (2) of this section and, only if the toxicity factor is not
				  available in that source, proceed in the same fashion through sources in
				  paragraphs (3) - (7) of this subsection. The chronic human toxicity factors, in
				  order of hierarchy of sources in paragraphs (1) - (7) of this subsection, which
				  are most current as of the submittal date of the SIN or the RAP are presumed to
				  be protective of human health and the environment, unless a person rebuts this
				  presumption by published credible authority. In addition, the executive
				  director may determine during review of the RACR that a change in a toxicity
				  factor since the submittal of the SIN or RAP has been of such a magnitude that
				  the PCLs previously developed for a COC would clearly not be protective of
				  human health and the environment, then the adequacy of the response action must
				  be reevaluated. Likewise, if the executive director determines at any time that
				  a subsequent change in a toxicity factor is of such a magnitude such that the
				  proposed response action is no longer warranted to protect human health and the
				  environment, then a response action based on that previous chronic toxicity
				  factor consideration shall no longer be required.
(1) United States Environmental Protection
				  Agency (EPA) Integrated Risk Information System (IRIS);
(2) EPA Provisional Peer Reviewed Toxicity
				  Values (i.e., Superfund Health Risk Technical Support Center;
(3) EPA Health Effects Assessment Summary
				  Tables;
(4) EPA National Center for
				  Environmental Assessment (i.e., Superfund Technical Support Center);
(5) the TCEQ Chronic Remediation-Specific
				  Effects Screening Levels;
(6)
				  Agency for Toxic Substances and Disease Registry; and
(7) other scientifically valid sources as
				  approved by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter D - DEVELOPMENT OF PROTECTIVE CONCENTRATION LEVELS › Section 350.74 - Development of Risk-Based Exposure Limits

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirement. The person shall use
				  the criteria provided in subsections (b) - (j) of this section and the
				  risk-based exposure limit (RBEL) equations provided in the following figures,
				  as applicable, to establish RBELs appropriate for the type of chemical of
				  concern (COC), the complete and reasonably anticipated to be completed exposure
				  pathways, receptors, and land uses. The person shall establish RBELs for
				  carcinogenic COCs and noncarcinogenic COCs using the default exposure factors
				  provided in the following figure for residents and commercial/industrial
				  workers, unless the executive director approves the use of alternate exposure
				  factors in accordance with subsection (j) of this section.
Attached
					 Graphic
(b) Air
				  inhalation RBEL. The air inhalation RBEL (Air
				  RBELInh ) is the protective concentration of a COC in
				  air at the point of exposure (POE) for human inhalation.
(1) Under Tiers 2 and 3 as described in
				  §
											350.75
				  of this title (relating to Tiered Human Health Protective Concentration Level
				  Evaluation), the person may use the lower of available eight-hour time-weighted
				  average occupational inhalation criteria (i.e., Occupational Safety and Health
				  Administration Permissible Exposure Limits, or American Conference of
				  Governmental Industrial Hygienists Threshold Limit Values), as 
				  Air RBELInh for
				  inhalation pathways for commercial/industrial workers within the limits of
				  affected commercial/industrial properties which have a health and safety plan
				  in place. The health and safety plan shall be designed to ensure compliance
				  with the applicable occupational inhalation criteria and require the monitoring
				  of COC levels in the working air environment, and specify actions that will be
				  taken in the event of exceedance of the occupational inhalation criteria. When
				  occupational inhalation criteria are used, the person shall provide
				  documentation of the health and safety plan, certify that the plan is followed,
				  and demonstrate that the off-site receptors are protected as required by §
											350.71(h)
				  of this title (relating to General Requirements). The use of occupational
				  inhalation criteria as RBELs shall require the person to comply with the
				  institutional control requirements in §
											350.111(b) and
				  (b)(14) of this title (relating to Use of
				  Institutional Controls).
(2) The
				  air RBELs may not exceed any other applicable federal or state air quality
				  standards.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter D - DEVELOPMENT OF PROTECTIVE CONCENTRATION LEVELS › Section 350.75 - Tiered Human Health Protective Concentration Level Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) The person shall decide whether to use
				  Tier 1, 2, and/or 3 to determine the PCLs for an affected property, except as
				  provided in paragraph (2) of this subsection and unless required by subsection
				  (b), (c), or (d) of this section.
(2) The executive director may require the
				  person to establish PCLs in accordance with Tier 1, 2, and/or 3 for
				  state-funded response actions at affected properties.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter D - DEVELOPMENT OF PROTECTIVE CONCENTRATION LEVELS › Section 350.76 - Approaches for Specific Chemicals of Concern to Determine Human Health Protective Concentration Levels

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General.
(1) Due to the unique nature of the
				  toxicity and/or exposure, the person shall use the COC-specific approaches
				  described in this section for the following COCs:
(A) cadmium;
(B) lead;
(C) polychlorinated biphenyls;
(D) polychlorinated dibenzodioxins and
				  dibenzofurans;
(E) polycyclic
				  aromatic hydrocarbons; and
(F)
				  total petroleum hydrocarbons.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter D - DEVELOPMENT OF PROTECTIVE CONCENTRATION LEVELS › Section 350.78 - Determination of Critical Protective Concentration Levels

Current through Reg. 49, No. 28; July 12, 2024
(a) For each individual COC for which PCLs
				  have been developed in response to §
										350.71(k)
				  of this title (relating to General Requirements), the person shall establish
				  the critical PCL. The critical PCL is the lowest PCL for a particular
				  environmental medium considering all the exposure pathways for which a PCL is
				  developed in accordance with §
										350.75(i)
				  of this title (relating to Tiered Human Health Protective Concentration Level
				  Evaluation) and/or §
										350.77
				  of this title (relating to Ecological Risk Assessment and Development of
				  Ecological Protective Concentration Levels).
(b) If the critical groundwater PCL, or an
				  attenuation action level developed in accordance with §
										350.33(f)
				  of this title (relating to Remedy Standard B), is greater than the aqueous
				  solubility limit for that COC, then the COC should be addressed as NAPL should
				  any NAPLs be present.
(c) If the
				  critical PCL for a COC established in subsection (a) of this section is less
				  than the method quantitation limit as defined in §
										350.4 of
				  this title (relating to Definitions and Acronyms) or background concentration
				  for that COC as determined in accordance with §
										350.51(l)
				  and (m) of this title (relating to Affected
				  Property Assessment), then the greater of the method quantitation limit or
				  background concentration is the critical PCL for that COC.
(d) As an additional requirement, the
				  critical PCL and any attenuation action level must ensure that the explosive
				  vapor provisions set forth in §
										350.31(c)
				  of this title (relating to General Requirements for Remedy Standards) are
				  met.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter D - DEVELOPMENT OF PROTECTIVE CONCENTRATION LEVELS › Section 350.79 - Comparison of Chemical of Concern Concentrations to Protective Concentration Levels

Current through Reg. 49, No. 28; July 12, 2024
The person shall follow the procedures of this subsection
					 to determine if a response action under this chapter is necessary to protect
					 human health and the environment, and if a response action is necessary, then
					 to determine if the remedy standard is attained. If the person satisfactorily
					 demonstrates that all reasonably available analytical technology (e.g.,
					 selected ion monitoring) has been used to show that the COC cannot be measured
					 to the method quantitation limit due to sample specific interferences, then the
					 person shall be allowed to determine attainment based on the sample detection
					 limit. The person shall make these determinations using the procedures
					 described in either paragraph (1) or (2) of this subsection.
(1) The person may make a direct comparison
				  between individual measurements of COC concentrations within environmental
				  media and the critical PCLs. If the concentrations of a COC within an
				  environmental medium exceeds a critical PCL, then a response action is
				  required.
(2) The person may
				  determine if a response action is required by using appropriate statistical
				  methods provided in subparagraphs (A) or (B) of this paragraph.
(A) In order to determine if the
				  concentrations of the COC at an affected property exceed a critical PCL the
				  person shall conduct a statistical test of the following set of hypotheses:
(i) the null hypothesis
				  (Ho) is that the mean of the COC concentrations in the
				  affected property is equal to or greater than the critical PCL;
(ii) the alternative hypothesis
				  (Ha) is that the mean COC concentration is less than the
				  critical PCL;
(iii) the test is
				  performed at a Type I error rate of 5%; and
(iv) any statistical model used for testing
				  this hypothesis set must be demonstrated to meet these performance
				  standards.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter E - REPORTS › Section 350.90 - Spatial and Electronic Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  When required, the person shall provide accurate spatial coordinates and
				  associated data attributes that are reported in a format approved or required
				  by the executive director.
(b)
				  Reports required by this subchapter shall be submitted in a format, including
				  an electronic format, and according to a schedule established by the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter E - REPORTS › Section 350.91 - Affected Property Assessment Report

Current through Reg. 49, No. 28; July 12, 2024
(a) The person shall include the contact and
				  identifications as described in paragraphs (1) - (3) of this subsection in an
				  affected property assessment report (APAR):
(1) the name, mailing address, and telephone
				  number of the contact person or office for the on-site affected
				  property;
(2) the program and
				  identification numbers for the project, if any (e.g., Solid Waste Registration
				  number, Voluntary Cleanup Program number, etc.); and
(3) the physical address or location of the
				  affected property, including accurate latitude and longitude and associated
				  spatial data attributes in a format approved or required by the executive
				  director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter E - REPORTS › Section 350.92 - Self-Implementation Notice

Current through Reg. 49, No. 28; July 12, 2024
The person shall include the following information in a
					 self-implementation notice (SIN):
(1)
				  the person shall include the following contact and identifications:
(A) the name, mailing address, and telephone
				  number of the contact person or office for the on-site affected
				  property;
(B) the program and
				  identification numbers for the project, if any (e.g., Solid Waste Registration
				  number, Voluntary Cleanup Program number, etc.); and
(C) the physical address or location of the
				  affected property;
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter E - REPORTS › Section 350.93 - Response Action Effectiveness Report

Current through Reg. 49, No. 28; July 12, 2024
The person shall include the following information in a
					 response action effectiveness report (RAER):
(1) a summary of the response actions taken
				  since the last reporting period;
(2) for each environmental medium, a
				  comparison among the critical PCL; the initial concentration of COCs; and the
				  current (i.e., at the time of RAER submittal) concentrations of COCs;
(3) an estimate of the percentage of the
				  response action which has been completed;
(4) an estimate in years of the additional
				  time necessary to complete the response actions;
(5) a determination whether sufficient
				  progress is being made to achieve the selected remedy standard within a
				  reasonable time frame given the particular circumstances of an affected
				  property;
(6) if applicable, a copy
				  of the proposed institutional control for §
										350.31(h)
				  of this title (relating to General Requirements for Remedy Standards);
				  and
(7) any other reasonable
				  information required by the executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter E - REPORTS › Section 350.94 - Response Action Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The person
				  shall address all environmental media containing COCs in excess of the critical
				  PCLs in a response action plan (RAP).
(b) The RAP must clearly state
				  property-specific response objectives which are consistent with the response
				  objectives specified in §
										350.33 of this
				  title (relating to Remedy Standard B), or §
										350.32 of this
				  title (relating to Remedy Standard A) if a person chooses to await executive
				  director approval of a RAP under Remedy Standard A.
(c) The person must demonstrate that the
				  proposed property-specific response actions are capable of achieving the
				  response action objectives within a reasonable time frame as specified in
				  §
										350.33 of this
				  title (relating to Remedy Standard B), or §
										350.32 of this
				  title (relating to Remedy Standard A) if a person chooses to await executive
				  director approval of a RAP under Remedy Standard A.
(d) If monitoring of environmental media is
				  proposed during the response action, the RAP shall address the proposed
				  monitoring frequencies, parameters, locations, analytical methods, and all
				  associated quality control procedures.
(e) The RAP shall describe any soil and/or
				  groundwater treatment systems proposed as a part of the response actions for
				  the affected property.
(1) The person shall
				  list necessary inspection, operation and maintenance tasks, as well as
				  characterize optimum operating conditions for any treatment system.
(2) The person shall discuss potential
				  problems that can reasonably be expected to occur and indicate how they propose
				  to respond to those potential problems.
(3) The person shall identify any permits
				  needed to construct and/or implement the remedy.