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 350.34 - No Further Action

Current through Reg. 49, No. 28; July 12, 2024
Particular agency program areas covered by this rule will
					 confirm that a person has completed all necessary response actions at an
					 affected property and that no further action is required. The program areas may
					 issue other letters acknowledging conditional or partial completion of response
					 actions, as appropriate.
(1) For
				  Remedy Standard A, such confirmation will be issued subsequent to approval of
				  the RACR by the executive director and, when applicable, receipt by the agency
				  of proof that any required institutional control noting commercial/industrial
				  land use is in effect for the affected property in accordance with §
										350.31(g)
				  of this title (relating to General Requirements for Remedy Standards), or
				  noting the use of a non-default exposure area is in effect in accordance with
				  §350.51(l)(3) or 4 of this title (relating to Affected Property
				  Assessment), or noting the use of occupational inhalation criteria as RBELs is
				  in effect in accordance with §350.74(b)(1) or noting the use of
				  non-default RBEL exposure factors is in effect in accordance with §
										350.74(j)(2)
				  of this title (relating to Development of Risk-Based Exposure
				  Limits).
(2) For Remedy Standard B,
				  a conditional no further action letter will be issued subsequent to approval of
				  the RACR by the executive director and, when applicable, receipt by the agency
				  of proof that any required institutional control noting commercial/industrial
				  land use is in effect for the affected property in accordance with §
										350.31(g)
				  of this title (relating to General Requirements for Remedy Standards), or
				  noting the use of a non-default exposure area is in effect in accordance with
				  §350.51(l)(3) or 4 of this title, or noting the use of occupational
				  inhalation criteria as RBELs is in effect in accordance with §350.74(b)(1)
				  or noting the use of non-default RBEL exposure factors is in effect in
				  accordance with §
										350.74(j)(2)
				  of this title. The letter will indicate that the person has conditionally
				  completed response actions at the affected property but must perform
				  post-response action care obligations as described in the approved RAP
				  throughout the initial and any continued post-response action care period in
				  response to §350.33(h) - (j) of this title (relating to Remedy Standard
				  B). The letter will also indicate whether the person must establish and
				  maintain financial assurance in response to §350.33(l) and/or (m) of this
				  title for post-response action care for affected properties which use physical
				  controls.
(3) For Remedy Standard
				  B, a final no further action letter will be issued subsequent to termination of
				  the post-response action care period by the executive director as described in
				  §
										350.33(i)
				  of this title.