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RULE §335.344Delisting and Modifications

(a) Any PRP of a facility listed or proposed for listing on the State Registry may request the executive director to delete such facility from the Registry, modify the facility's priority ranking within the Registry, or modify any information regarding such facility by submitting a written statement setting forth the grounds of the request. The PRP shall submit to the executive director any information as may be reasonably required to enable the executive director to further evaluate the facility including, but not limited to, information on all factors used to develop a Superfund HRS score and to make a determination on the request. The executive director may initiate the delisting procedures described in this section.

(b) The executive director shall hold a public meeting to receive comment. This meeting is not a contested case hearing within the meaning of Texas Government Code, Chapter 2001. This meeting shall be held upon requests filed with or initiated by the executive director under subsection (a) of this section. At least 30 days prior to the date set forth for the meeting, notice shall be provided by first class mail to all other PRPs, and by publication in a newspaper of general circulation in the county where the facility is located. The person submitting the request, if any, shall bear the cost of publication of the notice.

(c) In making a determination under subsection (a) of this section, the executive director will consider the following:

  (1) the extent to which the facility has been remediated under the terms of any removals and remedial action agreed to by the executive director;

  (2) what further action, if any, is appropriate;

  (3) whether the release no longer poses an imminent and substantial endangerment to public health and safety or the environment and, therefore, taking further action is not appropriate;

  (4) whether, because of the nature of any removals and the remedial action implemented at the facility, it is not yet feasible to make a determination that the remedial action has effectively remediated the release or threatened release of hazardous substances;

  (5) whether the site has been accepted under the voluntary cleanup program as set out in Chapter 333 of this title (relating to Voluntary Cleanup Programs); or

  (6) whether the site has been deferred to a state or federal agency for further action.

(d) With the exception of subsection (c)(5) and (c)(6) of this section, no requests for the delisting of a facility from the State Registry or requests to modify information about a facility eligible for listing on the Registry will be granted unless, at a minimum, the facility has been investigated under the terms of a remedial investigation approved by the executive director.

Source Note: The provisions of this §335.344 adopted to be effective September 9, 1991, 16 TexReg 4624; amended to be effective April 14, 1997, 22 TexReg 3231; amended to be effective July 22, 1998, 23 TexReg 7369; amended to be effective September 23, 1999, 24 TexReg 7426

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