SECTION 350.34. No Further Action

Particular agency program areas covered by this rule will confirm that a person has completed all necessary response actions at an affected property and that no further action is required. The program areas may issue other letters acknowledging conditional or partial completion of response actions, as appropriate.

(1) For Remedy Standard A, such confirmation will be issued subsequent to approval of the RACR by the executive director and, when applicable, receipt by the agency of proof that any required institutional control noting commercial/industrial land use is in effect for the affected property in accordance with §350.31(g) of this title (relating to General Requirements for Remedy Standards), or noting the use of a non-default exposure area is in effect in accordance with §350.51(l)(3) or 4 of this title (relating to Affected Property Assessment), or noting the use of occupational inhalation criteria as RBELs is in effect in accordance with §350.74(b)(1) or noting the use of non-default RBEL exposure factors is in effect in accordance with §350.74(j)(2) of this title (relating to Development of Risk-Based Exposure Limits).

(2) For Remedy Standard B, a conditional no further action letter will be issued subsequent to approval of the RACR by the executive director and, when applicable, receipt by the agency of proof that any required institutional control noting commercial/industrial land use is in effect for the affected property in accordance with §350.31(g) of this title (relating to General Requirements for Remedy Standards), or noting the use of a non-default exposure area is in effect in accordance with §350.51(l)(3) or 4 of this title, or noting the use of occupational inhalation criteria as RBELs is in effect in accordance with §350.74(b)(1) or noting the use of non-default RBEL exposure factors is in effect in accordance with §350.74(j)(2) of this title. The letter will indicate that the person has conditionally completed response actions at the affected property but must perform post-response action care obligations as described in the approved RAP throughout the initial and any continued post-response action care period in response to §350.33(h) - (j) of this title (relating to Remedy Standard B). The letter will also indicate whether the person must establish and maintain financial assurance in response to §350.33(l) and/or (m) of this title for post-response action care for affected properties which use physical controls.

(3) For Remedy Standard B, a final no further action letter will be issued subsequent to termination of the post-response action care period by the executive director as described in §350.33(i) of this title.

Source Note: The provisions of this §350.34 adopted to be effective September 23, 1999, 24 TexReg 7436; amended to be effective March 19, 2007, 32 TexReg 1526