Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 350 - TEXAS RISK REDUCTION PROGRAM › Subchapter G - ESTABLISHING A FACILITY OPERATIONS AREA › Section 350.134 - Qualifying Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The person
				  seeking to obtain a FOA has the burden of providing sufficient evidence to the
				  executive director that the following criteria have been met.
(1) The facility must be an operational
				  chemical or petroleum manufacturing plant with North American Industrial
				  Classification System code numbers 325 or 324, respectively, which is actively
				  in production of a product stream.
(2) The facility must be subject to a
				  hazardous waste permit or commission corrective action order. Facilities that
				  are in operation but that have not received a hazardous waste permit as of the
				  effective date of this rule shall obtain authorization for a FOA by means of a
				  corrective action order.
(3) The
				  facility must restrict access to the FOA such that only workers and authorized
				  visitors who have been provided appropriate training or are subject to controls
				  on their activities are permitted to enter the FOA.
(4) The facility must conduct a worker health
				  and safety program. The facility must be able to document that the worker
				  health and safety program meets or exceeds requirements of the Occupational
				  Safety and Health Administration (OSHA) as demonstrated by:
(A) its OSHA compliance history, or
(B) results of evaluation by a third party
				  certified industrial hygienist and safety specialist.
(5) the facility must have an average of both
				  lost workday injury case rates and injury incidence rates for the most recent
				  three-year period at or below the most recent specific industry national
				  average published by the Bureau of Labor Statistics.
(6) The facility must have an audit of its
				  health and safety programs by the Occupational Safety and Health Administration
				  or a third party certified professional industrial hygienist and safety
				  specialist anytime there is a significant change to the health and safety
				  program, or at a minimum of every three years, the results of which indicate
				  the program is satisfactory.
(7)
				  The facility must have a program to protect workers within the FOA from
				  environmental media having concentrations of COCs greater than PCLs or action
				  levels based on the health and safety program.
(8) The facility must have a pollution
				  prevention program that has as a goal the prevention of releases of COCs to
				  environmental media within the FOA. The facility can satisfy this criterion
				  with one or more of the following options:
(A) conduct a program to inspect and maintain
				  on an appropriate frequency the physical integrity of structures used for the
				  manufacturing, storage and conveyance of products or feed stocks so as to
				  prevent or, if detected, to abate unauthorized releases of COCs to
				  environmental media. These procedures are to be applied within the FOA to all
				  structures with potential to release COCs not already addressed by commission
				  rules for hazardous waste management facilities (e.g., secondary containment
				  systems for tanks);
(B) some other
				  spill prevention approach for which the facility can demonstrate equivalent
				  performance with the program of subparagraph (A) of this paragraph;
				  or
(C) acceptance of the facility
				  into a commission-sponsored multi-media voluntary pollution prevention program,
				  such as Clean Industries Plus or a program deemed equivalent by the executive
				  director.
(9) The
				  facility must not have any significant outstanding non-compliance issues
				  resulting from inspections for compliance with its Resource Conservation and
				  Recovery Act permit or any commission order.
(10) The facility must be able to meet
				  requirements for financial assurance in accordance with Chapter 37 of this
				  title (relating to Financial Assurance).