1. (a) In general.

   1. (1) The types of corrective action services described in this section must be offered to be performed by a company or person duly registered under this subchapter as a corrective action specialist.
   2. (2) The types of corrective action services described in this section must be performed by or coordinated by a company or person duly registered under this subchapter as a corrective action specialist.
   3. (3) The types of corrective action services described in this section must be performed under the supervision of a person duly registered under this subchapter as a corrective action project manager.
2. (b) Types of tanks covered. The provisions of this subchapter are applicable to corrective action activities associated with all leaking underground and aboveground storage tanks regulated under this chapter.

3. (c) Types of services covered: corrective action services. Except as provided in §334.452 of this title (relating to Exemptions from Subchapter J), corrective action services to assess, remediate, and monitor contamination and close LPST sites are subject to the requirements of this subchapter. The corrective action services covered by this subchapter include, but are not limited to:

   1. (1) measures to halt the spread of a release in progress or to prevent future or threatened spread of releases of regulated substances;
   2. (2) installation of monitoring wells, soil borings or any necessary sampling, and any other actions reasonably necessary to determine the extent of contamination caused by a release;
   3. (3) preparation of reports assessing the extent of contamination, monitoring the contamination, preparation of remedial action plans;
   4. (4) site cleanup, including the removal, on-site or in-situ treatment, and treatment or disposal of surface and subsurface contamination;
   5. (5) post-remediation monitoring and site closure; or
   6. (6) any other action reasonably necessary to protect the public health and safety or the environment from harm or threatened harm due to releases as determined by the executive director.
4. (d) Time period covered. The requirements of this subchapter apply to all corrective action services commenced or offered to be performed on or after the effective date of these rules, unless a provision in this subchapter states otherwise.

Source Note:The provisions of this §334.451 adopted to be effective May 21, 1993, 18 TexReg 2955.