Section 352.961 - Assessment of Corrective Measures(a) The commission adopts by reference 40 Code of Federal Regulations (CFR) §257.96 (Assessment of corrective measures) as amended through the April 17, 2015, issue of the Federal Register (80 FR 21301), subject to the changes and additions set forth in this section.(b) Within 30 days of completing the assessment of corrective measures required by this section, and before implementation of the remedy, the owner or operator shall submit an amendment application, on forms prescribed by the executive director, in accordance with § 352.131 of this title (relating to Amendments). The owner or operator shall provide any additional information as the executive director may require to determine compliance with this section. The application must include, at a minimum: (1) documentation that characterizes the nature and extent of the release, both vertically and horizontally, and meets the applicable requirements of § 352.951 of this title (relating to Assessment Monitoring Program);(2) the completed assessment of corrective measures required by this section;(3) the proposed Selection of Remedy required by § 352.971 of this title (relating to Selection of Remedy);(4) a comparison of the Appendix III constituents adopted by reference in § 352.1421 of this title (relating to Appendix III - Constituents for Detection Monitoring) with a statistically significant increase over the background value, and the corresponding background value at each monitoring well;(5) a comparison of the Appendix IV constituents adopted by reference § 352.1431 of this title (relating to Appendix IV - Constituents for Assessment Monitoring) and the corresponding groundwater protection standard meeting the requirements of § 352.951(b) of this title at each monitoring well;(6) a proposed timeline for the submission of the Corrective Action Effectiveness Report required by § 352.991 of this title (relating to Corrective Action Effectiveness Report); and(7) a signed affidavit certifying that the owner or operator has complied with the applicable notification requirements of § 352.951 of this title.(c) An owner or operator subject to this section and the executive director shall provide notice and hold a public meeting in accordance with Subchapter D of this chapter (relating to Registration Application Procedures) to satisfy the requirements of 40 CFR § 257.96(e), unless the owner or operator held a public meeting satisfying the requirements of 40 CFR § 257.96(e) prior to the application submission.30 Tex. Admin. Code § 352.961
Adopted by Texas Register, Volume 45, Number 21, May 22, 2020, TexReg 3496, eff. 5/28/2020