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 350.55 - Notification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) If in the
				  course of the affected property assessment conducted pursuant to §
										350.51
				  of this title (relating to Affected Property Assessment) or in the course of
				  complying with this chapter, a person collects any samples from property they
				  do not own (i.e., leased lands and off-site properties), then the analytical
				  results for those samples and any samples subsequently collected from that
				  property that will be provided to the executive director, shall be made
				  available to the owner of that property. The analytical results of any samples
				  collected at any depth from within an easement/franchise area (e.g., municipal
				  or private utility, right-of-way, etc.) exceeding Tier 1 human health PCLs,
				  which will be provided to the executive director, shall be provided to those
				  current easement holders/franchisees. The information made available shall
				  include at a minimum, all analytical results from the sample analyses along
				  with the critical PCL values for the applicable land use classification. The
				  person shall initially provide a notice of availability no later than at the
				  time of submission of a plan and/or report for executive director review which
				  contains this information. Notices of availability shall be delivered to the
				  chief clerk or city secretary for municipal entities. If an ecological exposure
				  pathway is complete, but final ecological PCLs have not yet been established in
				  accordance with §
										350.77
				  of this title (relating to Ecological Risk Assessment and Development of
				  Ecological Protective Concentration Levels), then the person shall at a minimum
				  provide the critical human health PCLs. Within 30 days of commission approval
				  of the Ecological Risk Assessment (i.e., Tier 2 or 3) which contains the final
				  ecological PCLs that shall be used under Remedy Standards A or B, the person
				  shall make the ecological PCLs available to leaseholders to the extent they are
				  known or obvious, and to the owner of the property where that ecological PCL is
				  the critical PCL.
(b) If the person
				  submits other information (i.e., evidence other than samples of environmental
				  media collected from a particular property, such as but not limited to, COC
				  distribution maps) to the executive director which indicates that a COC
				  originating from on-site activities more likely than not exceeds a residential
				  assessment level on property they do not own, then the person shall at a
				  minimum make this information and the critical PCLs for the applicable land use
				  classification available to the owner of the property. The required information
				  shall also be provided to current easement holders/franchisees when there is
				  other information that suggests Tier 1 human health PCLs are exceeded at any
				  depth within an easement/franchise area (e.g., municipal or private utility,
				  right-of-way, etc.). The person shall provide a notice of availability no later
				  than at the time of submission of a plan and/or report for executive director
				  review which contains this information. Notices of availability shall be
				  delivered to the chief clerk or city secretary for municipal entities. If an
				  ecological exposure pathway is complete, but final ecological PCLs have not yet
				  been established in accordance with §
										350.77
				  of this title, then the person shall at a minimum provide the critical human
				  health PCLs. Within 30 days of commission approval of the Ecological Risk
				  Assessment (i.e., Tier 2 or 3) which contains the final ecological PCLs that
				  shall be used under Remedy Standard A or B, the person shall make the
				  ecological PCLs available to leaseholders to the extent they are known or
				  obvious, and to the owner of the property where that ecological PCL becomes the
				  critical PCL.
(c) The person shall
				  provide notice of the availability of historical information (i.e., actual
				  sampling and analysis data collected on the property described in subsections
				  (a) and (b) of this section prior to these rules being applicable to that
				  property) to the parties listed in subsections (a) and (b) of this section, as
				  applicable, at the time of submission of the first plan and/or report which
				  includes this same historical information to the executive director for review
				  under this rule.
(d) When
				  subsections (a), (b), or (c) of this section require information to be made
				  available, the notice of availability shall indicate that information is
				  available regarding environmental sample analysis results for the specific
				  property, what information is available, and how to obtain that information
				  (e.g., submit written request to identified contact point). Persons may use
				  legible signs located in readily visible locations to provide notice when the
				  use of signs provides effective notice of the availability of information. If
				  signs are used, the person shall post and maintain the sign for a minimum of
				  180 consecutive days. To document that all required notices have been
				  completed, the person shall provide a notarized statement of such fact
				  including the names and addresses of persons receiving direct notice such as
				  mail, personal contact, public meeting, fliers, etc., if any, to the executive
				  director which is signed by the person or their appropriate authorized agent
				  certifying that the required notifications have been completed. The notarized
				  statement is to be provided to the executive director within 60 calendar days
				  of the date the notices are due, and may be included within any report
				  submitted under this chapter that is to be submitted within this same time
				  period. The person shall keep on file information which documents that notice
				  was completed for a minimum of five years following the issuance of a no
				  further action letter in accordance with §
										350.34(1) or
				  (3) of this title (relating to No Further
				  Action) for the affected property. The person shall provide the information
				  which documents notice was completed when requested by the executive director.
				  If the executive director determines that the notice was not sufficient (e.g.,
				  it is not factual or clear, or not all appropriate parties were notified) then
				  the person shall complete the notice in a sufficient manner.
(e) When there is an actual or probable human
				  exposure to a COC at a concentration which exceeds the Tier 1 human health PCL
				  (e.g., not GWSoil in this instance) established in accordance with Subchapter D
				  of this chapter (relating to Development of Protective Concentration Levels)
				  for the applicable land use and exposure pathways (e.g, direct contact to soils
				  with concentrations of COCs exceeding the TotSoilComb PCL, or ingestion of
				  groundwater with concentrations of COCs exceeding the GWGWIng PCL, but not
				  including GW Soil), the person shall:
(1)
				  provide notice, as soon as possible, but no later than 60 calendar days from
				  receipt of the laboratory analysis from the performing laboratory, to those
				  actually or probably exposed, the property owner, and the executive director.
				  The determination of those who could be exposed shall consider at a minimum
				  tenants and leaseholders; human activity patterns at the affected property;
				  presence of any areas of congregation or recreation such as but not limited to
				  playgrounds, natural areas, or green belts, or break areas; the distribution
				  and concentration of COCs; conditions of any structures which may allow or
				  prevent exposure to COC in soils, water or vapors; and the source of drinking
				  water. As new information becomes available which indicates that additional
				  parties could be exposed, then those additional parties and the executive
				  director shall be notified as soon as possible, but not later than 14 days of
				  the date actual or probable exposure is determined; unless the actual or
				  probable exposure was determined by additional sampling results in which case
				  notice must occur no later than 60 days from the date of receipt of the
				  laboratory analyses from the performing laboratory.
(2) ensure that the notice indicates that
				  information is available regarding environmental sample analysis results for
				  the specific property, that exposure to COCs is possible given existing
				  conditions, the critical human health PCLs (Tier 1, 2, or 3), how the exposure
				  could be occurring, that more information is available upon request, what that
				  additional information is, and how to obtain the additional information (e.g.,
				  submit written request to contact point).
(3) use and maintain legible signs to provide
				  public notice in instances where potential exposure for publically accessible
				  areas such as playgrounds or other similar situations may occur. The person
				  shall maintain the sign so long as the actual or probable exposure conditions
				  exist.
(4) document that all
				  required notices have been completed by providing a notarized statement of such
				  fact including the names and addresses of persons receiving direct notice such
				  as mail, personal contact, public meeting, fliers, etc., if any, and to the
				  executive director which is signed by the person or their appropriate
				  authorized agent certifying that the required notifications have been
				  completed. The certification is to be provided to the executive director within
				  30 calendar days of the date the notices are due, or within a report to be
				  submitted under this chapter within this same time period. The persons shall
				  keep on file information which documents that notice was completed for a
				  minimum of five years following the issuance of a no further action letter in
				  accordance with §
											350.34(1) or
				  (3) of this title for the affected property.
				  The person shall provide the information which documents notice was completed
				  when requested by the executive director. If the executive director determines
				  that the notice was not sufficient (e.g., it is not factual or clear, or not
				  all appropriate parties were notified), then the person shall complete the
				  notice in a sufficient manner.