30 TAC § 335.555. Attainment of Risk Reduction Standard Number 2: Closure/Remediation to Health-Based Standards and Criteria

(a) Compliance with this standard is attained when the criteria set forth in subsections (b)-(f) of this section are met.

(b) For closure of hazardous waste management units and response to unauthorized discharges of hazardous waste, all hazardous waste and hazardous waste residues must be removed from the unit or area of the unauthorized discharge. Contaminated design and operating system components such as liners, leachate collection systems, and dikes must be removed from the unit or area of the unauthorized discharge. For remediation of media that have become contaminated by releases from a hazardous waste management unit or by other unauthorized discharge of hazardous waste, the contaminated media must be removed or decontaminated to cleanup levels specified in this section or such other lower levels necessary to be in conformance with current hazardous waste regulations.

(c) For closure of nonhazardous industrial solid waste

management units, response to unauthorized discharges of nonhazardous industrial solid waste, and the remediation of media that have become contaminated by discharges of nonhazardous industrial solid waste or other contaminants, all waste and waste residues, contaminated design and operating system components such as liners, leachate collection systems, and dikes, and contaminated media must be removed or decontaminated to cleanup levels specified in this section.

(d) The concentration of a contaminant in contaminated media of concern such as groundwater, surface water, air, or soil shall not exceed cleanup levels as defined in §335.556 of this title (relating to Determination of Cleanup Levels for Risk Reduction Standard Number 2).

(1) If the practical quantitation limit (PQL) and/or the background concentration, determined in a manner consistent with §335.554 of this title (relating to Attainment of Risk Reduction Standard Number 1)

for a contaminant is greater than the cleanup level, the greater of the PQL or background shall be used for determining compliance with the requirements of this section.

(2) Attainment of cleanup levels shall be demonstrated by collection and analysis of samples from the contaminated media of concern using the procedures of §335.553(d) of this title (relating to Required Information).

(e) The person must prepare a document that he intends to use to fulfill the deed certification requirements of §335.560 of this title (relating to Post Closure Care and Deed Certification for Risk Reduction Standard Number 2) and include this document as part of the report of subsection (f) of this section.

(f) The person must submit a report to the executive director in accordance with §335.553(a) of this title (relating to Required Information) that documents compliance with the requirements of this section. The executive

director may require additional information or analysis, such as, but not limited to, consideration of cumulative health effects and cross-media contamination, prior to accepting a certification of closure or remediation under this performance standard. Upon approval of the report by the executive director, the person shall comply with the requirements of §335.560 of this title (relating to Post Closure Care and Deed Certification for Risk Reduction Standard Number 2).