Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter S - RISK REDUCTION STANDARDS › Section 335.553 - Required Information

Current through Reg. 49, No. 28; July 12, 2024
(a) For Risk
				  Reduction Standard Number 1 or 2, the person shall provide a final report that
				  documents attainment of the risk reduction standard in accordance with §
										335.554
				  or §
										335.555
				  of this title (relating to Attainment of Risk Reduction Standard Number 1 and
				  Attainment of Risk Reduction Standard Number 2). The report shall include, but
				  is not limited to, descriptions of procedures and conclusions of the
				  investigation to characterize the nature, extent, direction, rate of movement,
				  volume, composition and concentration of contaminants in environmental media;
				  basis for selecting environmental media of concern; documentation supporting
				  selection of exposure factors; descriptions of removal or decontamination
				  procedures performed in closure or remediation; summaries of sampling
				  methodology and analytical results which demonstrate that contaminants have
				  been removed or decontaminated to applicable levels; and a document that the
				  person proposes to use to fulfill the requirements of §
										335.560(b)
				  of this title (relating to Post-Closure Care and Deed Certification for Risk
				  Reduction Standard Number 2), as applicable.
(b) Risk Reduction Standard Number 3, the
				  person shall conduct the activities set forth in paragraphs (1) - (4) of this
				  subsection. The results of activities required by paragraphs (1) - (3) of this
				  subsection may be combined to address a portion of a facility or one or more
				  facilities of a similar nature or close proximity. The submittal shall be
				  subject to review and approval by the executive director prior to carrying out
				  the closure or remediation. Upon completion of the approved activity, the
				  person shall submit the final report required by paragraph (4) of this
				  subsection.
(1) The person shall prepare a
				  remedial investigation report which contains sufficient documentation such as,
				  but not limited to, descriptions of procedures and conclusions of the
				  investigation to characterize the nature, extent, direction, rate of movement,
				  volume, composition, and concentration of contaminants in environmental media
				  of concern, including summaries of sampling methodology and analytical results.
				  Information obtained from attempts to attain Risk Reduction Standard Number 1
				  or 2 may be submitted for this purpose.
(2) The person shall prepare a baseline risk
				  assessment report which describes the potential adverse effects under both
				  current and future conditions caused by the release of contaminants in the
				  absence of any actions to control or mitigate the release. The report shall
				  also discuss the degree of uncertainty associated with the baseline risk
				  assessment. Residential land use with on-site exposure shall be assumed to
				  evaluate the future use condition unless the person demonstrates to the
				  satisfaction of the executive director that a different land use assumption
				  such as industrial use is more appropriate. The standard exposure factors set
				  forth in Table 1 (located following paragraph (4) of this subsection) shall be
				  used unless the person documents to the executive director's satisfaction that
				  site-specific exposure data should be used instead.
(3) The person shall evaluate the relative
				  abilities and effectiveness of potential remedies to achieve the requirements
				  for remedies described in §
											335.561
				  of this title (relating to Attainment of Risk Reduction Standard Number 3:
				  Closure/Remediation with Controls) when considering the evaluation factors
				  described in §
											335.562
				  of this title (relating to Remedy Evaluation Factors for Risk Reduction
				  Standard Number 3). Using this information, the person shall prepare a
				  corrective measure study which recommends the remedy which best achieves the
				  requirements for remedies described in §
											335.561
				  of this title. Persons may seek to satisfy the requirements of §
											335.564
				  of this title (relating to Post-Closure Care Not Required for Risk Reduction
				  Standard Number 3) by demonstrating in the corrective measure study using the
				  procedures of §
											335.563
				  of this title (relating to Media Cleanup Requirements for Risk Reduction
				  Standard Number 3) that no remedy needs to be performed since the existing
				  conditions of the facility or area conform to the media cleanup requirements
				  without the use of removal, decontamination or control measures. Persons may
				  also seek to satisfy the requirements of §
											335.564
				  of this title by demonstrating in the corrective measure study that following
				  completion of their recommended removal and/or decontamination activities the
				  conditions of the facility or area will conform to the media cleanup
				  requirements of §
											335.563
				  of this title without the use of control measures. Upon review of the
				  corrective measure study, the executive director may require the person to
				  further evaluate the proposed remedy or to evaluate one or more additional
				  remedies.
(4) The person shall
				  submit to the executive director, for review and acceptance, a final report
				  containing sufficient documentation which demonstrates that the remedy has been
				  completed in accordance with the approved plan and also a document that the
				  person proposes to use to fulfill the requirements of §
											335.566
				  of this title (relating to Deed Recordation for Risk Reduction Standard Number
				  3).
Attached
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