(a) The commission adopts by reference 40 Code of Federal Regulations §257.98 (Implementation of the corrective action program) as amended through the April 17, 2015, issue of the Federal Register (80 FR 21301), subject to the modifications and additions in this section.
(b) Prior to returning to detection monitoring or assessment monitoring, the owner or operator must submit documentation that demonstrates that the requirements of this section have been fulfilled, and the remedy has been achieved for the impacted property. The documentation submitted must include at a minimum:
  (1) all analytical data prepared and presented in accordance with §352.931 of this title (relating to Groundwater Sampling and Analysis Requirements) that demonstrates achievement of the remedy;
  (2) a narrative discussion of how the requirements of this section have been fulfilled for the impacted property; and
  (3) a description of the volume and final disposal location, and a copy of any waste manifests or other documentation of disposition, for waste or environmental media which were removed from the impacted property.
(c) The owner or operator may return to either detection monitoring or assessment monitoring only after satisfying the conditions of this section, and after obtaining written approval from the executive director.
(d) All coal combustion residuals managed under a remedy required under §352.971 of this title (relating to Selection of Remedy), or an interim measure required under this section, shall be managed in a manner that complies with all applicable United States Resource Conservation and Recovery Act and state requirements.

Source Note: The provisions of this §352.981 adopted to be effective May 28, 2020, 45 TexReg 3464