SECTION 350.91. Affected Property Assessment Report

(a) The person shall include the contact and identifications as described in paragraphs (1) - (3) of this subsection in an affected property assessment report (APAR):

(1) the name, mailing address, and telephone number of the contact person or office for the on-site affected property;

(2) the program and identification numbers for the project, if any (e.g., Solid Waste Registration number, Voluntary Cleanup Program number, etc.); and

(3) the physical address or location of the affected property, including accurate latitude and longitude and associated spatial data attributes in a format approved or required by the executive director.

(b) An APAR shall document descriptions of procedures and conclusions of the assessment and shall include all information required to meet the requirements of §350.51 of this title (relating to Affected Property Assessment), §350.52 of this title (relating to Groundwater Resource Classification) and §350.53 of this title (relating to Land Use Classification). This includes, but is not limited to:

(1) the classification of the groundwater(s) at an affected property including all supporting data and results;

(2) the classification of the land use(s) of the affected property;

(3) the identification and characterization of all source areas (e.g., NAPLs);

(4) a characterization of the local geology and hydrogeology;

(5) the direction and rate of movement, composition, and representative concentrations of COCs in environmental media (including the potential for migration to other media);

(6) an identification of all complete or reasonably anticipated to be completed exposure pathways, and an identification of other exposure pathways evaluated in accordance with §350.71(c)(8) of this title (relating to General Requirements) and an explanation of why those pathways were not considered to be complete or reasonably anticipated to be completed;

(7) as required, a completed Tier 1 Exclusion Criteria Checklist and, if appropriate, a reasoned justification and/or an expedited stream evaluation for terminating the ecological risk assessment, or as required a Tier 2 screening-level ecological risk assessment, and/or a Tier 3 site-specific ecological risk assessment as specified in §350.77 of this title (relating to Ecological Risk Assessment and Development of Ecological Protective Concentration Levels);

(8) summaries of sampling methodology;

(9) all analytical data in accordance with §350.54 of this title (relating to Data Acquisition and Reporting Requirements);

(10) documentation that the data necessary to support the development of PCLs and remedy selection have been adequately and appropriately collected;

(11) documentation of the derivation of all RBELs and PCLs and the determination of the critical PCLs for environmental media including all associated assumptions and calculations;

(12) a tabular comparison between concentrations of COCs and the critical PCLs. If statistical or geostatistical methods are used to develop representative concentrations of COCs, then the person shall include the following:

(A) a discussion of the data collection effort from an environmental medium to support this determination (e.g., judgmental samples, random sampling design, etc.);

(B) the statistical or geostatistical methodology applied; and

(C) the assumptions of the statistical or geostatistical method and how those assumptions are met.

(13) graphical representations (e.g., maps and cross-sections) of the soil and/or groundwater PCLE zone(s), location of other environmental media which exceeds the respective critical PCLs, and the plume management zone if applicable;

(14) a description of any exposure conditions which require notice under §350.55(e) of this title (relating to Notification Requirements) and any certification required under §350.55(d) and (e) of this title;

(15) accurate spatial coordinates and associated data attributes, in a format approved or required by the executive director, for all locations where samples of environmental media were collected or where other testing was conducted (e.g., water wells and monitor wells which were sampled or which were used for aquifer testing, soil sampling locations, surface water and sediment sampling locations, and air sampling locations); and

(16) any other reasonable information required by the executive director.

Source Note: The provisions of this §350.91 adopted to be effective September 23, 1999, 24 TexReg 7436; amended to be effective March 19, 2007, 32 TexReg 1526; amended to be effective March 19, 2009, 34 TexReg 1866