(a) The purpose of this subchapter is to establish an assessment
and remediation program to identify and assess facilities that may constitute
an imminent and substantial endangerment to public health and safety or the
environment due to a release or threatened release of hazardous substances
into the environment. The provisions of this subchapter supplement and therefore
should be read in conjunction with the provisions of Texas Health and Safety
Code, Chapter 361, Subchapter F, herein referred to as the Act.
(b) This subsection describes the procedures for identifying,
proposing, listing, and delisting facilities on the State Registry.
(1) Prior to proposing a facility for inclusion on the State
Registry, the executive director shall first determine whether any potential
endangerment to public health and safety or the environment at a facility
can be resolved by the present owner or operator under the federal Resource
Conservation and Recovery Act, 42 United States Code Annotated §§6901
et seq. (1976), as amended.
(2) If the potential endangerment cannot be fully resolved
by the present owner or operator, then the executive director shall determine
whether the potential endangerment can be resolved by voluntary cooperation
of some or all of the potentially responsible parties (PRPs) identified in
the Act, §361.271 or §361.275(g) pursuant to an agreed administrative
order issued by the commission or a Voluntary Cleanup Agreement pursuant to
Chapter 333 of this title (relating to Voluntary Cleanup Programs). If a facility
can be cleaned up pursuant to an agreed administrative order or an executed
Voluntary Cleanup Agreement, then it shall not be proposed for listing.
(3) If, after reasonable efforts, the executive director determines
that the potential endangerment to public health and safety or the environment
cannot be resolved by either of these approaches, the executive director shall
evaluate the facility to determine whether it is eligible for listing on the
federal National Priorities List established pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act, 42 United States
Code Annotated, §§9601 et seq. (1980), as amended.
(4) The executive director shall determine whether the facility
is eligible for proposed listing on the State Registry only if, based on information
available to the executive director, the facility is not eligible for inclusion
on the federal National Priorities List.
(5) If the executive director determines that the potential
endangerment to public health and safety or the environment can be resolved
by any of the approaches described in paragraphs (1) - (3) of this subsection,
then the site will not be proposed for listing on the State Registry. Notice
of the approach selected to resolve the apparent endangerment to public health
and safety or the environment and the fact that such action is being taken
in lieu of listing the facility on the State Registry shall be published in
the Texas Register.
(c) A preliminary site investigation, removal action, remedial
investigation, and remedial action shall comply with all requirements found
in Texas Health and Safety Code, Chapter 361, Subchapter F (relating to Registry
and Cleanup of Certain Hazardous Waste Facilities); the requirements of this
subchapter; and the requirements of Chapter 350 of this title (relating to
Texas Risk Reduction Program) 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 of Chapter 350 of this title and the requirements
of Texas Health and Safety Code, Chapter 361, Subchapter F and this subchapter,
the requirements of Texas Health and Safety Code, Chapter 361, Subchapter
F and of this subchapter shall apply.
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Source Note: The provisions of this §335.341 adopted to be effective September 9, 1991, 16 TexReg 4624; amended to be effective July 22, 1998, 23 TexReg 7369; amended to be effective September 23, 1999, 24 TexReg 7426; amended to be effective November 15, 2001, 26 TexReg 9135 |