Spill & Historic Release Notification, Investigation & Remediation Cathy Remmert Corrective Action Section TCEQ November 13, 2003

May 27, 2003 TCEQ Memo “Coordination of Remediation Activities Related to Emergency Response and Historical Releases” Memo Date: May 27, 2003 Effective Date: June 6, 2003

Purpose Identify the notification & reporting requirements for releases; Identify roles and responsibilities for TCEQ (Region & CAS); Add new cleanup option under 30 TAC Chapter 327.

Notification & Reporting Current Release – Notify Chapter 327 requirements. Cleanup options: Background; pre-release; Chapter 327 PCLs; or TRRP.

Notification & Reporting Past Release – Notify per the Tx Water Code. “Determining Which Releases are Subject to TRRP”, dated October 21, 2003 – Replaces the August 27, 2002 memo – alternative cleanup options for past releases.

Notification & Reporting Non-reportable quantity releases - No report required if the release is cleaned up to pre-release or background conditions. If a risk-based cleanup option is chosen, report requirements for that option will apply.

Roles & Responsibilities The Region reviews all spill cleanups that are completed within 180 days of the spill notification. Includes background, pre-release, Chapter 327 PCLs and TRRP, Remedy A, Tier 1, no impact to groundwater reports. CAS reviews everything else.

New Chap 327 Cleanup Option: Chapter 327 PCLs Only used for current spill within the initial 180 days; Alternative to pre-release or background without triggering TRRP; One Table with one value for each constituent; Must meet eligibility criteria (Attachment 1 of the memo).

Chapter 327 PCLs Eligibility Criteria: Spill is confined to on-site only; Spill affects soils only; Spill has no more than 10 constituents; Site passes the Tier 1 Eco checklist. Chapter 327 PCL report can not be submitted in lieu of TRRP report.

Web Addresses Spill Memo: Chapter 327 PCL Table: http://www.tnrcc.state.tx.us/permitting/remed/coract/IOMreleaseresp.pdf Chapter 327 PCL Table: http://www.tnrcc.state.tx.us/permitting/remed/coract/ch327pcls.pdf Determining Which Releases are Subject To TRRP: http://www.tnrcc.state.tx.us/permitting/trrp.htm There is a direct link to the document here.

Current Status of the Memo The agency has received comments from the regulated community and their representatives. These comments and other factors are being evaluated by TCEQ management.