Section 335.553 - Required Information(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 Graphic
(c) For risk reduction standards Numbers 1, 2, and 3, in order for a treatment process to achieve decontamination in contrast to being a control measure, the person must demonstrate to the satisfaction of the executive director that the treatment process permanently alters all contaminants to levels that will not pose a substantial present or future threat to human health and the environment, and must further demonstrate that any residue remaining in place from the treatment will not pose the threat of any future release that would increase the concentrations of contaminants in environmental media above the cleanup levels determined for that particular risk reduction standard.(d) For Risk Reduction Standards Numbers 1, 2, and 3, attainment of cleanup levels shall be demonstrated by collection and analysis of samples from the media of concern. Persons shall utilize techniques described in SW 846, Test Methods for Evaluating Solid Waste, EPA, or other available guidance in developing a sampling and analysis plan appropriate for the distribution, composition, and heterogeneity of contaminants and environmental media. A sufficient number of samples shall be collected and analyzed for individual compounds to both accurately assess the risk to human health and the environment posed by the facility or area and to demonstrate the attainment of cleanup levels. Noncompound-specific analytical techniques (e.g., total petroleum hydrocarbons, total organic carbon, etc.) may, where appropriate for the nature of the wastes or contaminants, be used to aid in the determination of the lateral and vertical extent and volume of contaminated media; however, such noncompound-specific analyses will serve only as indicator measures and must be appropriately supported by compound-specific analyses. Comparisons may be based on the following methods:(1) direct comparison of the results of analysis of discrete samples of the medium of concern with the cleanup level;(2) for a data set of ten or more samples, statistical comparison of the results of analysis utilizing the 95% confidence limit of the mean concentration of the contaminant as determined by the following expression: Attached Graphic
(3) other statistical methods appropriate for the distribution of the data, subject to prior approval by the executive director. Attached Graphic
(e) For Risk Reduction Standards Numbers 2 and 3, in determining toxicity information for contaminants (e.g., EPA carcinogen classification, type of toxicant, reference doses, carcinogenic slope factors, etc.), persons shall utilize values from the following sources in the order indicated. For Risk Reduction Standard Number 2, persons may utilize data from these sources that are more current than those used to derive the unadjusted medium-specific concentrations listed in § 335.568 of this title (relating to Appendix II), provided that substantiating information is furnished to the executive director in the report required by § 335.555(f) of this title (relating to Attainment of Risk Reduction Standard Number 2: Closure/Remediation to Health-Based Standards and Criteria). (1) Integrated Risk Information System (IRIS);(2) Health Effects Assessment Summary Table (HEAST);(3) EPA Criteria Documents;(4) Agency for Toxic Substances and Disease Registry (ATSDR) Toxicological Profiles; and(5) other scientifically valid published sources.(f) For Risk Reduction Standards Numbers 2 and 3, persons determining cleanup levels for contaminated media characterized by noncompound-specific analytical techniques (e.g., total petroleum hydrocarbons, total organic carbon, etc.) and for which individual compounds such as hazardous constituents are not present as contaminants, must at a minimum consider other scientifically valid published numeric criteria to address: adverse impacts on environmental quality; adverse impacts on the public welfare and safety; conditions that present objectionable characteristics (e.g., taste, odor, etc.); or conditions that make a natural resource unfit for use.(g) All engineering and geoscientific information submitted to the agency shall be prepared by, or under the supervision of, a licensed professional engineer or licensed professional geoscientist, and shall be signed, sealed, and dated by qualified professionals as required by the Texas Engineering Practice Act and the Texas Geoscience Practice Act and the licensing and registration boards under these acts.30 Tex. Admin. Code § 335.553
The provisions of this §335.553 adopted to be effective June 28, 1993, 18 TexReg 3814; amended to be effective September 1, 2003, 28 TexReg 6915