(a) The purpose of this subchapter is to establish an assessment and remediation program to identify and assess facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The provisions of this subchapter supplement and therefore should be read in conjunction with the provisions of Texas Health and Safety Code, Chapter 361, Subchapter F, herein referred to as the Act.     
      (b) This subsection describes the procedures for identifying, proposing, listing, and delisting facilities on the State Registry.      
        (1) Prior to proposing a facility for inclusion on the State Registry, the executive director shall first determine whether any potential endangerment to public health and safety or the environment at a facility can be resolved by the present owner or operator under the federal Resource Conservation and Recovery Act, 42 United States Code Annotated §§6901 et seq. (1976), as amended.       
        (2) If the potential endangerment cannot be fully resolved by the present owner or operator, then the executive director shall determine whether the potential endangerment can be resolved by voluntary cooperation of some or all of the potentially responsible parties (PRPs) identified in the Act, §361.271 or §361.275(g) pursuant to an agreed administrative order issued by the commission or a Voluntary Cleanup Agreement pursuant to Chapter 333 of this title (relating to Voluntary Cleanup Programs). If a facility can be cleaned up pursuant to an agreed administrative order or an executed Voluntary Cleanup Agreement, then it shall not be proposed for listing.       
        (3) If, after reasonable efforts, the executive director determines that the potential endangerment to public health and safety or the environment cannot be resolved by either of these approaches, the executive director shall evaluate the facility to determine whether it is eligible for listing on the federal National Priorities List established pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 United States Code Annotated, §§9601 et seq. (1980), as amended.       
        (4) The executive director shall determine whether the facility is eligible for proposed listing on the State Registry only if, based on information available to the executive director, the facility is not eligible for inclusion on the federal National Priorities List.       
        (5) If the executive director determines that the potential endangerment to public health and safety or the environment can be resolved by any of the approaches described in paragraphs (1) - (3) of this subsection, then the site will not be proposed for listing on the State Registry. Notice of the approach selected to resolve the apparent endangerment to public health and safety or the environment and the fact that such action is being taken in lieu of listing the facility on the State Registry shall be published in the                 Texas Register.        
      (c) A preliminary site investigation, removal action, remedial investigation, and remedial action shall comply with all requirements found in Texas Health and Safety Code, Chapter 361, Subchapter F (relating to Registry and Cleanup of Certain Hazardous Waste Facilities); the requirements of this subchapter; and the requirements of Chapter 350 of this title (relating to Texas Risk Reduction Program) for any release or threatened release of hazardous substances into the environment that may constitute an imminent and substantial endangerment to public health and safety or the environment. Where there is a conflict between the requirements of Chapter 350 of this title and the requirements of Texas Health and Safety Code, Chapter 361, Subchapter F and this subchapter, the requirements of Texas Health and Safety Code, Chapter 361, Subchapter F and of this subchapter shall apply.     
     Source Note:        The provisions of this §335.341 adopted to be effective September 9, 1991, 16 TexReg 4624; amended to be effective July 22, 1998, 23 TexReg 7369; amended to be effective September 23, 1999, 24 TexReg 7426; amended to be effective November 15, 2001, 26 TexReg 9135