| conditions based on site-specific considerations; or (D) new information indicates that the contamination at the facility or area was not sufficiently characterized such that an unacceptable threat to human health or the environment continues to exist. (c) Notification and Initiation Requirements. Persons who qualify according to subsection (a) of this section for an extended period of time for submittal of a final report to be reviewed according to this section must also respond, as appropriate, to the requirements of paragraphs (1) - (5) of this subsection. (1) A person who intends to continue any activity of closure or remediation in accordance with subsection (b) of this section shall determine the risk reduction standard(s) to be attained. If required by subsection (a) of this section to resubmit this notification, the person shall notify the executive director and the commission's office in the district where the facility or area is located in writing of the following information by May 1, 2001: (A) the facility or area to be subject to closure or remediation activities; (B) the risk reduction standard(s) to be attained; and (C) the estimated time necessary to complete the activity. (2) After performing notification in accordance with paragraph (1) of this subsection, the person may initiate the actions necessary to attain risk reduction standard numbers 1 or 2 without prior approval by the executive director, unless such approval is required by other regulation, order, or permit of the commission. Any plan submitted for prior approval by the executive director shall contain the information specified in §335.553(a) of this title (relating to Required Information). (3) If the person intends to attain Risk Reduction Standard Number 3, the person shall submit to the executive director the information specified in §335.553(b) of this title for approval prior to beginning or continuing, as applicable, the closure or remediation activities. (4) The person may include one or more waste management units or areas in a submittal for the purpose of responding to this subsection and subsection (d) of this section. (5) Notwithstanding any other requirement, the person shall submit to the executive director upon request such information as may reasonably be required to enable the executive director to determine whether the closure or remediation is compliant with this section. (d) Demonstration of conformance with risk reduction standards. Upon completion of a closure or remediation, the person shall demonstrate in a form acceptable to the executive director that the activity meets the intended risk reduction standards and any applicable closure criteria listed or referenced in this chapter. Any submittal to the executive director in response to this subsection shall be in the form of a plan or report that contains the information specified in §335.553 of this title. |
| Source Note: The provisions of this §335.8 adopted to be effective May 29, 1986, 11 TexReg 2335; amended to be effective September 1, 1986, 11 TexReg 3692; amended to be effective June 28, 1993, 18 TexReg 3814; amended to be effective September 23, 1999, 24 TexReg 7426 |
