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RULE §335.562Remedy Evaluation Factors for Risk Reduction Standard Number 3

(a) General. For closure/remediation in accordance with Risk Reduction Standard Number 3, persons shall consider the evaluation factors set forth in subsections (b)-(g) of this section when evaluating 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). A description of the evaluation for these factors for the proposed remedy shall be included in the corrective measure study prepared pursuant to §335.553(b)(3) of this title (relating to Required Information). Persons performing these evaluations shall submit to the executive director upon request such additional information as may reasonably be required to enable the executive director to determine whether such evaluation has been conducted in a manner compliant with this section.

(b) Compliance with other laws and regulations. Remedies shall be evaluated to determine attainment of cleanup requirements for other Texas or federal environmental laws which are either legally applicable to the facility or that address problems or situations that are sufficiently similar to those encountered at the facility that their use is well suited to the facility.

(c) Long-term effectiveness and permanence. Remedies shall be evaluated for long-term effectiveness. Factors that shall be considered in this evaluation include:

  (1) magnitude of risks remaining after completion of the closure or remedial action;

  (2) the type, degree, and duration of post-closure care required including, but not limited to, operation and maintenance, monitoring, inspections, and reports and their frequencies, or other activities which will be necessary to protect human health and the environment;

  (3) potential for exposure of humans and environmental receptors to contaminants remaining at the facility;

  (4) long-term reliability of any engineering and voluntary institutional controls; and

  (5) potential need for replacement of components of the remedy.

(d) Reduction of toxicity, mobility, or volume. Remedies shall be evaluated to determine the degree to which treatment could be used to significantly and irreversibly reduce the toxicity, mobility, or volume of contaminants. Factors to be considered in this evaluation include:

  (1) the amount of contaminants that will be treated or destroyed;

  (2) the degree of expected reduction in toxicity, mobility, or volume;

  (3) the type, quantity, toxicity, and mobility of contaminants remaining after treatment; and

  (4) the degree to which the treatment is irreversible.

(e) Short-term effectiveness. The short-term effects of remedies shall be evaluated considering the following:

  (1) short-term risks that might be posed to the community, workers, or the environment during implementation of the remedy and the effectiveness and reliability of protective measures; and

  (2) time until protection is achieved.

(f) Implementability. The ease or difficulty of implementing the remedies shall be evaluated by considering the following types of factors:

  (1) degree of difficulty associated with constructing the remedy;

  (2) expected operational reliability of the remedy;

  (3) availability of necessary equipment and specialists;

  (4) available capacity and location of needed treatment, storage, and disposal services.

(g) Cost. The types of costs that shall be evaluated include the following:

  (1) capital costs;

  (2) operation and maintenance costs; and

  (3) net present value of capital and operation and maintenance costs.

Source Note: The provisions of this §335.562 adopted to be effective June 28, 1993, 18 TexReg 3814.

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