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 335.349 - General Requirements for Remedial Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Based on the proposals set forth in the
				  feasibility study, the presumptive remedy, or other similar study, elements
				  from different remedial action alternatives as proposed in a remedial
				  investigation as well as any other information available to the executive
				  director, the executive director shall select a proposed remedial action. After
				  the selection of the proposed remedial action, the executive director shall
				  hold a public meeting to discuss the proposed action, as required by the Act,
				  §361.187. This meeting is not a contested case hearing within the meaning
				  of Texas Government Code, Chapter 2001. Persons desiring to submit comments are
				  encouraged to do so prior to the public meeting. Written comments should be
				  submitted to the executive director at least 5 days prior to the date set for
				  public meeting. All other comments shall be presented in the public
				  meeting.
(b) This subsection
				  describes the administrative procedures for modifying the proposed remedial
				  action after the date of the initial public meeting to discuss the remedial
				  action for the site.
(1) A minor change in
				  the proposed remedial action is one that does not significantly affect the
				  scope, performance, or cost of the proposed remedial action. The executive
				  director will document minor changes in the project records without the
				  necessity of another public meeting.
(2) A significant change in the proposed
				  remedial action is one that materially affects the scope, performance, or cost
				  of the proposed remedial action, but uses the same approach and results in a
				  remedial action as least as protective as originally proposed. For significant
				  changes, the executive director shall notify the PRPs by certified mail of the
				  changes and issue a public notice in the Texas Register and in a newspaper of
				  general circulation in the county in which the facility is located. The notice
				  shall provide information regarding the significant changes in the proposed
				  remedial action; however, a public meeting or opportunity for public comment is
				  not required. If the commission has not entered into an administrative order to
				  perform the remedial action, a significant change will extend the schedules
				  provided in the Act, §361.187(d).
(3) A fundamental change in the proposed
				  remedial action is one that uses a different approach to achieve the remedial
				  action goals, or one that uses the same approach, but results in a remedial
				  action that is less protective than that originally proposed. A major change in
				  technology to address the contamination is a fundamental change. For
				  fundamental changes, the executive director shall hold another public meeting
				  to discuss the proposed changes in accordance with the Act, §361.187, and
				  as described in subsection (a) of this section. This newly proposed remedial
				  action shall supersede the remedial action originally proposed in the initial
				  public meeting.