1. (a) At any point after reviewing the information submitted in compliance with §§334.76-334.78 of this title (relating to Initial Response to Releases; Initial Abatement Measures and Site Check; and Initial Site Characterization), the executive director may require owners or operators to submit additional information or to develop and submit a corrective action plan for responding to contaminated soils and groundwater. If a plan is required, owners and operators must submit the plan according to a schedule and format established by the executive director. Alternatively, owners and operators may, after fulfilling the requirements of §§334.76-334.78 of this title (relating to Initial Response to Releases; Initial Abatement Measures and Site Check; and Initial Site Characterization), choose to submit a corrective action plan for responding to contaminated soil and groundwater. In either case, owners and operators are responsible for submitting a plan that provides for adequate protection of human health, safety, and the environment as determined by the executive director, and must modify their plan as necessary to meet this standard.

2. (b) The executive director will approve the corrective action plan after ensuring that implementation of the plan will adequately protect human health, safety, and the environment as determined using risk-based corrective action to establish target cleanup levels and case closure criteria. In making this determination, the executive director will consider the following factors as deemed appropriate:

   1. (1) the physical and chemical characteristics of the regulated substance, including its toxicity, persistence, and potential for migration;
   2. (2) the hydrogeologic characteristics of the facility and the surrounding area;
   3. (3) the proximity, quality, and current and future uses of nearby surface water and groundwater;
   4. (4) the potential effects of residual contamination on nearby surface water and groundwater;
   5. (5) an exposure assessment;
   6. (6) a determination of the most effective and feasible method of remediation;
   7. (7) an estimate of the time to achieve cleanup;
   8. (8) a remedial progress monitoring plan;
   9. (9) an operation and maintenance plan; and
   10. (10) any information assembled in compliance with this subchapter.
3. (c) Owners and operators shall submit information pertaining to the items in subsection (b) of this section upon request of the executive director.
4. (d) Any documents submitted as a corrective action plan which do not contain all of the information required by this section shall not be accepted or approved by the executive director, may be returned by the executive director without prejudice, and shall not qualify as a submitted corrective action plan for the purposes of this chapter. Return of such documents by the executive director without prejudice does not prevent the owner or operator from filing subsequent corrective action plan documentation.
5. (e) Upon approval of the corrective action plan or as directed by the executive director, owners and operators must implement the plan, including modifications to the plan made by the executive director. They must monitor, evaluate, and report the results of implementing the plan in accordance with a schedule and in a format established by the executive director.

6. (f) Owners and operators may, in the interest of minimizing environmental contamination and promoting more effective cleanup, begin cleanup of soil and groundwater before the corrective action is approved provided that they:

   1. (1) notify the executive director of their intention to begin cleanup;
   2. (2) comply with any conditions imposed by the executive director, including halting cleanup or mitigating adverse consequences from cleanup activities;
   3. (3) incorporate these self-initiated cleanup measures in the corrective action plan that is submitted to the executive director for approval; and
   4. (4) prior to discharge of any waste, obtain necessary authorization from the commission.
7. (g) In order to verify the effectiveness of corrective action taken by the owner or operator, the executive director may require continued monitoring of soil, vapors, groundwater, and/or surface water.
8. (h) Upon completion of corrective action taken in response to the requirements of this section, the owner or operator shall submit a statement signed by the owner or operator which certifies that the requirements of this section and the procedures in the approved corrective action plan have been accomplished.
9. (i) The commission shall issue a closure letter in response to the certification of completion of corrective action requirements submitted by the owner or operator as required in subsection (h) of this section.

Source Note:The provisions of this §334.81 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 8, 1995, 20 TexReg 8800.