| (i) Affected property regulated under Chapter 335, Subchapter K of this title (relating to Hazardous Substance Facilities Assessment and Remediation). The person shall comply with all requirements found in the Texas Health and Safety Code, Chapter 361, Subchapter F, as amended; Chapter 335, Subchapter K of this title, as amended; and the requirements of this chapter for any release or threatened release of hazardous substances into the environment that may constitute an imminent and substantial endangerment to public health and safety or the environment. Where there is a conflict between the requirements in this chapter and the requirements of Texas Health and Safety Code, Chapter 361, Subchapter F, as amended, and Chapter 335, Subchapter K of this title, as amended, the requirements of Texas Health and Safety Code, Chapter 361, Subchapter F and Chapter 335, Subchapter K of this title shall apply. (j) Property regulated under Chapter 336 of this title (relating to Radioactive Substance Rules). The person shall comply with the requirements of Chapter 336 of this title, as amended, regarding contamination limits for radioactive material in environmental media. In instances involving remediation of releases in media containing both radioactive material and other COCs, the person shall use the contamination limits determined in accordance with Chapter 336 of this title, as amended, for radioactive material and PCLs determined by the procedures of this chapter for other COCs. (k) Property regulated under Chapter 312 of this title (relating to Sludge Use, Disposal, and Transportation). The executive director may reference this chapter in permits subject to Chapter 312 of this title, as amended, when specifying closure provisions to address releases of COCs from facility components at municipal wastewater treatment plants. (l) Other releases. The executive director may require the use of this chapter to address other releases of COCs subject to Texas Water Code, Chapter 26, as amended. (m) Use of this chapter on or after May 1, 2000. The person who started a response action under Chapter 335, Subchapters A and S of this title (relating to Industrial Solid Waste and Municipal Hazardous Waste in General; Risk Reduction Standards, respectively), as amended, may qualify to continue under those previous commission rules subject to the limitations specified in paragraphs (1) - (4) of this subsection. Any person desiring to remain under Chapter 335 of this title may not use any of the provisions of this chapter. If a person elects to proceed under this chapter, then they shall not be allowed to return to Chapter 335 of this title. Also, the person shall respond as described in §350.35 of this title (relating to Substantial Change in Circumstances) in the event a substantial change in circumstance occurs which results in an unacceptable threat to human health or the environment. (1) The person who has submitted an initial notification of intent to conduct a Risk Reduction Standard 1 or 2 response action (i.e., §335.8(c)(1) and (2) of this title (relating to Closure and Remediation), as amended) prior to May 1, 2000, and has submitted a final report within five years after that date may request that the response action be reviewed according to the regulations in effect at the time of initial notification. Persons will automatically qualify for this grandfathering provision if they have previously received a letter from the agency acknowledging receipt of the initial notification, or submit other forms of documentation by May 1, 2001, that proper and timely notification had been made. (2) The person who has submitted a remedial investigation report that fully complies with §335.553(b)(1) of this title (relating to Required Information), as amended, prior to May 1, 2001, may elect to either continue under those rules or to proceed under this chapter. (3) Any closure plans approved as part of a permit issued prior to May 1, 2000, but not implemented at the time of permit renewal are subject to review for compliance with this chapter as part of the permit renewal process. (4) The person may resubmit plans or reports that the person has revised voluntarily to conform with the requirements of this chapter, unless such resubmittal would result in noncompliance with a previously approved or imposed schedule of compliance. |
