SECTION 350.94. Response Action Plan

(a) The person shall address all environmental media containing COCs in excess of the critical PCLs in a response action plan (RAP).

(b) The RAP must clearly state property-specific response objectives which are consistent with the response objectives specified in §350.33 of this title (relating to Remedy Standard B), or §350.32 of this title (relating to Remedy Standard A) if a person chooses to await executive director approval of a RAP under Remedy Standard A.

(c) The person must demonstrate that the proposed property-specific response actions are capable of achieving the response action objectives within a reasonable time frame as specified in §350.33 of this title (relating to Remedy Standard B), or §350.32 of this title (relating to Remedy Standard A) if a person chooses to await executive director approval of a RAP under Remedy Standard A.

(d) If monitoring of environmental media is proposed during the response action, the RAP shall address the proposed monitoring frequencies, parameters, locations, analytical methods, and all associated quality control procedures.

(e) The RAP shall describe any soil and/or groundwater treatment systems proposed as a part of the response actions for the affected property.

(1) The person shall list necessary inspection, operation and maintenance tasks, as well as characterize optimum operating conditions for any treatment system.

(2) The person shall discuss potential problems that can reasonably be expected to occur and indicate how they propose to respond to those potential problems.

(3) The person shall identify any permits needed to construct and/or implement the remedy.

(f) The person shall include a discussion of any sampling to be conducted to demonstrate conformance with the response objectives and to meet all requirements of §350.79 of this title (relating to Comparison of Chemical of Concern Concentrations to Protective Concentration Levels). This sampling discussion shall include:

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

(2) the statistical or geostatistical methodology which will be applied, if any; and

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

(g) The RAP shall specify the type, location, duration, and implementation schedule for the various removal actions, decontamination measures, and any physical and/or institutional controls to be implemented as the response action for the affected property.

(h) The person shall include a schedule for submission of RAERs to the executive director.

(i) The person shall include a copy of the institutional control they plan to use to meet the requirements of §§350.31(g) and (h); 350.74(b)(1); 350.74(j)(2)(L); or 350.51(l)(3) and (4) of this title (relating to General Requirements for Remedy Standards; Development of Risk-Based Exposure Limits; and Affected Property Assessment, respectively).

(j) Cost information for the recommended response action and comparative cost analyses for a number of response actions may be required by specific program areas.

(k) For Remedy Standard B, the person shall include the following information regarding post-response action care in a RAP:

(1) a description of the monitoring program for the post-response action care period including, but not limited to, the following where applicable:

(A) the type of monitoring to be performed (e.g., groundwater, soil, and soil gas);

(B) plot plan(s) indicating monitoring locations (including attenuation monitoring points);

(C) well construction details;

(D) environmental media monitoring frequency;

(E) COCs to be analyzed;

(F) sampling procedures, chain of custody protocols, and laboratory methods; and

(G) quality assurance/quality control procedures in accordance with §350.54 of this title (relating to Data Acquisition and Reporting Requirements);

(2) a description of and schedule for the inspection, operation, and maintenance of any physical controls for the post-response action care period;

(3) a description of the proposed post-response action land use and a demonstration that the proposed use:

(A) will not compromise the integrity of the physical controls;

(B) will not interfere with the function of the monitoring systems;

(C) will not pose a threat to human health or the environment; and

(D) will be in accordance with any institutional controls.

(4) a written financial assurance cost estimate, when applicable, for performing the post-response action care, which has been prepared in accordance with §350.33(l) of this title (relating to Remedy Standard B);

(5) the affidavit required under §350.33(n)(1) of this title (relating to Remedy Standard B) for the special small business consideration, as applicable;

(6) a reporting schedule for submission of the PRACRs under Remedy Standard B based on annual reporting unless the executive director approves an alternate reporting schedule. Alternate schedules may have a greater or lesser period, or may specify quarterly reporting in the earlier post-response action care period, decreasing to annual, biannual or other appropriate schedule.

(l) Any other reasonable information required by the executive director.

Source Note: The provisions of this §350.94 adopted to be effective September 23, 1999, 24 TexReg 7436; amended to be effective March 19, 2007, 32 TexReg 1526