Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 106 - PERMITS BY RULE › Subchapter X - WASTE PROCESSES AND REMEDIATION › Section 106.533 - Remediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. Equipment used to extract,
				  handle, process, condition, reclaim, or destroy contaminants for the purpose of
				  remediation is permitted by rule, provided that all the following conditions of
				  this section are satisfied.
(b)
				  Scope. The following terms apply to this section.
(1) Affected property--The entire area,
				  including on-site and off-site and including all environmental media, that
				  contains releases of chemicals of concern.
(2) Affected sources--Include, but are not
				  limited to, stockpiles of contaminated/remediated materials/soils and surface
				  impoundments.
(3) Dry cleaning
				  compounds--Include the following chlorinated and non-chlorinated dry cleaning
				  solvents used in the cleaning of garments or other fabrics:
(A) perchloroethylene, also known as
				  tetrachloroethylene, and its degradation products, including trichloroethylene,
				  1,2-dichloroethylene, and vinyl chloride;
(B) petroleum-based solvents such as Stoddard
				  Solvent, naphtha, and other petroleum distillates;
(C) hydrocarbons and synthetic hydrocarbons
				  such as DF-2000TM fluid,
				  EcoSolvTM, PureDryTM, or
				  the equivalent;
(D) silicone-based
				  solvents containing decamethylcyclopentasiloxane; and
(E) other nonaqueous solvents such as carbon
				  tetrachloride, dipropylene glycol tertiary butyl ether, 1,1,1-trichloroethane,
				  and 1,1,2-trichloro-1,1,2-trifluoroethane.
(4) Effects screening levels (ESLs)--Values
				  used by the commission to evaluate the potential for effects that may occur as
				  a result of exposure to concentrations of constituents in the air. The ESLs are
				  based on data concerning health effects, odor nuisance potential, effects with
				  respect to vegetation, and corrosion effects. ESL updates, which are published
				  periodically, were last revised October 1, 2003.
(5) Facility--A discrete or identifiable
				  structure, device, item, equipment, or enclosure that constitutes or contains a
				  stationary source. Once a remediation facility is at a site, all remediation
				  equipment and related sources are covered by this section. Facilities include,
				  but are not limited to, control devices, tanks, containers, liquid separators,
				  material transfer systems, vacuum pumps, and associated components and
				  connecting piping, but do not include below-ground pilot wells or well tests
				  when no additional aboveground equipment is used. An extraction well used
				  during a remediation project is considered a facility, not a well
				  test.
(6) Off-site receptor--Any
				  recreational area, residence, commercial/industrial facility, or other normally
				  occupied structures not used solely by the owner or operator of the facilities
				  or the owner of the site upon which the facilities are located. Measurements of
				  distances to determine compliance with this distance restriction must be taken
				  toward structures that are in use as of the date that a notification is filed
				  with the commission.
(7) Petroleum
				  compounds--Solids, liquids, or gases produced from natural formations of crude
				  oil, tar sands, shale, coal, and natural gas; or refinery fuel products (which
				  may contain additives).
(8)
				  Remediation--An act or process taken to reduce or eliminate contaminants in the
				  environment. This process may include, but is not limited to, assessment or
				  treatment activities such as air, soil, or water sampling, or pilot tests,
				  treatment, or post-clean-up activities that use facilities.