Section 334.78 - Site Assessment(a) Unless directed to do otherwise by the agency, owners and operators must assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measure in § 334.75 and § 334.76 of this title (relating to Reporting and Cleanup of Surface Spills and Overfills; and Initial Response to Releases). This information must include, but is not necessarily limited to the following: (1) data on the nature, cause, and estimated quantity of release;(2) data from available sources and/or site investigations concerning the following factors: surrounding populations, water quality, use and approximate locations of wells potentially affected by the release, subsurface soil conditions, locations of subsurface sewers, climatological conditions, and land use;(3) results of the site check required under § 334.77 of this title (relating to Initial Abatement Measures and Site Check);(4) results of the Non-Aqueous Phase Liquids (NAPLs) investigations required under § 334.77 of this title, to be used by owners and operators to determine whether free product must be recovered under § 334.79 of this title (relating to Removal of Non-Aqueous Phase Liquids (NAPLs));(5) at a minimum, a determination of the degree and lateral and vertical extent of the on-site contaminated area (soil and groundwater) as required by the agency;(6) identification of all potential exposure pathways as required by the agency;(7) a determination of the site classification, in accordance with subsection (b) of this section;(8) an evaluation of the site pursuant to § 334.203(1) of this title (relating to Risk-Based Criteria For Establishing Target Concentrations); and(9) any other related information requested by the agency.(b) Site classification. Owners and operators must conduct site assessment actions to collect critical information in a manner approved by, or directed by, the agency to determine the degree and nature of the release and identify potential receptors. Subsequently, the owner and operator of an aboveground storage tank (AST) or underground storage tank (UST) must establish the classification of the release(s) according to the classification system established by the agency. The classification system shall be used to qualitatively assess the degree of threat the release poses to public health and safety, and the environment relative to all other leaking storage tank sites. The classification system will be utilized by the agency as the primary method to coordinate leaking storage tanks sites. (1) Owners and operators shall utilize the site classification scheme established by the agency.(2) Classification will be based upon the results of completed assessment actions and the best professional judgment of the registered corrective action specialist and the agency.(3) The classification system shall be used to regulate the timing of corrective action at individual sites when necessary to protect the viability of the Petroleum Storage Tank Remediation Fund.(4) The classification of any one site may be adjusted upward or downward by the agency as further site information is obtained or as exposure conditions change.(5) Additional exposure scenarios may be added to the classification system by the agency as situations are encountered that are not currently addressed in the system.(6) The agency may direct corrective actions out-of-classification order as necessary to ensure efficient use of available agency resources, including staff, time, and the funds from the Petroleum Storage Tank Remediation Fund.(c) Within 45 days of release confirmation, owners and operators must submit the information collected in compliance with subsection (a) of this section to the agency in a manner that demonstrates its applicability and technical adequacy, or in a format and according to the schedule required by the agency.(d) Any documents submitted as a site assessment which do not contain all of the information required by this section shall not be accepted by the executive director, may be returned by the agency, and shall not qualify as a submitted site assessment for the purposes of this chapter. Return of such documents by the agency does not prevent the owner or operator from filing subsequent site assessment documentation.30 Tex. Admin. Code § 334.78
The provisions of this §334.78 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442