SECTION 350.95. Response Action Completion Report

(a) For both Remedy Standard A and B, the person shall include in the response action completion report (RACR):

(1) information specified in §350.111(c) of this title (relating to Use of Institutional Controls) whenever an institutional control will be placed in the real property records of the county for an off-site property or leased lands;

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

(3) a description of the volume and final disposal or reuse location, and a copy of any waste manifests or other documentation of disposition for waste or environmental media which were removed from the affected property; and

(4) if statistical or geostatistical methods are used to demonstrate attainment of the response objectives, 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.

(b) When the person selects Remedy Standard A, the RACR shall include information which documents that the requirements for response actions stated in §350.31 and §350.32 of this title (relating to General Requirements for Remedy Standards and Remedy Standard A, respectively) have been fulfilled. When applicable, the report shall also include a copy of the document that the person proposes to use to fulfill the institutional control requirements of §350.31(g) of this title (relating to General Requirements for Remedy Standards) when the affected property has been restored for commercial/industrial land use, the requirements of §350.51(l)(3) or (4) of this title (relating to Affected Property Assessment) when a non-default exposure area has been used, the requirements of §350.74(b)(1) of this title (related to Development of Risk-Based Exposure Limits) when occupational inhalation criteria have been used as RBELs, or the requirements of §350.74(j)(2) of this title (related to Development of Risk-Based Exposure Limits) when non-default RBEL exposure factors have been used.

(c) When the person selects Remedy Standard B, the RACR shall include information which documents that the response actions described in the approved RAP have been completed. The report shall:

(1) include a demonstration that the requirements of §350.31 and §350.33 of this title (relating to General Requirements for Remedy Standards and Remedy Standard B, respectively) have been fulfilled for the affected property based upon concentration of COCs remaining at the property and the application of physical and institutional controls; and

(2) document that any physical control, or combination of physical controls, (e.g., caps, slurry walls, treatment which does not constitute decontamination, and/or landfills) has been constructed or completed and is functioning as described in the approved RAP.

(d) In situations where soils which contain COCs are relocated for reuse in accordance with §350.36 of this title (relating to Relocation of Soils Containing Chemicals of Concern for Reuse Purposes), the person shall also provide:

(1) documentation of the prior written landowner consent required in §350.36(d) of this title (relating to Relocation of Soils Containing Chemicals of Concern for Reuse Purposes) for soil reuse on property not owned by the person; and

(2) documentation that any asphalt mix or road base mix meets the specifications required by the user when requested by the executive director.

(e) The person shall provide any other reasonable information required by the executive director.

Source Note: The provisions of this §350.95 adopted to be effective September 23, 1999, 24 TexReg 7436; amended to be effective March 19, 2007, 32 TexReg 1526