Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
No.
Citation
Regulatory Issue
Potential Solution
'350.2(m)(2)
The last sentence, regarding not returning to 30 TAC 335
once in 30 TAC 350, should be extended to all grandfathered
situations.
Move the last sentence to '350.2(m)(4).
1
2
Figure 30 TAC
'350.3(4)
In the Remedy Standard B Reporting flowchart, the last
sentence of box #2 is nonsensical, and the reference to 120
days is not in proper context of modified groundwater
response objectives.
Revise last sentence to improve readability, and add context
of modified groundwater response objectives.
The anthropogenic background text should be revised to
include surface water and sediment situations.
Add text to background definition that reflects that non-point
source pollution in general can be a source for anthropogenic
background chemical of concern (COC) concentrations in
surface water and sediment.
3
'350.4(a)(6)
4
'350.4(a)(7)
Typo: the word Athan@ should be Athat.@
Amend Athan cannot@ to Athat cannot.@
The rule definition should be changed just to avoid confusion
over the use of domestic help in a private household. Change
end of last sentence to A. . . 81 except 814; and . . . .@
5
'350.4(a)(13)
The North American Industrial Classification System
(NAICS), code 81 inclusive, is part of the definition of
commercial/industrial land use. NAICS code 814 is Aprivate
households.@ Although this code suggests an incorrect land
use classification could result, it actually refers to the hiring
and employment of domestic household help such as maids,
butlers, etc.
6
'350.4(a)(45)
Update the referenced document title, Implementation of the
Texas Natural Resource Conservation Commission
Standards via Permitting, as amended.
Change to correct title: Procedures to Implement the Texas
Surface Water Quality Standards, as amended.
**Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided
during the August 17, 2005 meeting.
Page 1
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
No.
Citation
Regulatory Issue
7
'350.4(a)(62)
Definition is too general with regard to governmental
entities. Implies that governmental entities are not regulated.
The definition should be amended to say that governmental
entities are exempt only from certain requirements.
The term Asample quantitation limit@ (ASQL@) is
misleading and confusing.
Revise rule to use better term to fit the definition. The better
term is the sample detection limit (SDL) which is analogous,
as stated in the rule, to the SQL. This change will require a
wholesale address for all places where the term ASQL@ is
used in the rule.
'350.4(a)(88)
The definition of what constitutes surface soil is not
consistent for both residential and commercial/industrial land
uses. Currently, surface soil depths are 0-15 feet and 0-5
feet for residential and commercial/industrial land uses,
respectively.
Redefine surface soil as being 0-5 feet for both residential and
commercial/industrial land uses. Also, change Figure 30
TAC 350.77 (Tier 1: Exclusion Criteria Checklist).
'350.34(1)
The procedures for attaining no further action status for
Remedy Standard A currently refers in part to '350.31(g),
which in turn mentions only commercial/industrial land use
relative to institutional controls. Language should be
broadened to capture other institutional control triggers such
as non-standard exposure areas and occupational inhalation
risk-based exposure limits (RBELs).
Amend rule to read: For Remedy Standard A, such
confirmation will be issued subsequent to approval of the
RACR by the executive director, and when applicable, receipt
by the agency of proof of the filing of all necessary
institutional controls. Expand to capture full applicability that
may have been triggered by '350.31(g), '350. 51(l)(3) or (4),
'350.74(b)(1) or '350.74(j)(2).
'350.34(2)
The procedures for attaining no further action status for
Remedy Standard B currently refers in part to '350.31(g),
which in turn mentions only commercial/industrial land use
relative to institutional controls. Language should be
broadened to capture other institutional control triggers such
as non-standard exposure areas and occupational inhalation
risk-based exposure limits (RBELs).
Amend rule to read: For Remedy Standard B, such
confirmation will be issued subsequent to approval of the
RACR by the executive director, and when applicable, receipt
by the agency of proof of the filing of all necessary
institutional controls. Expand to capture full applicability that
may have been triggered by '350.31(g), '350. 51(l)(3) or (4),
'350.74(b)(1) or '350.74(j)(2).
8
9
10
11
'350.4(a)(78)
Potential Solution
**Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided
during the August 17, 2005 meeting.
Page 2
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
No.
Citation
12
'350.37(k)
Intermittent stream sediment may need to be evaluated for
both soil and sediment pathways for both human health and
eco, or at least the most sensitive of the two.
Add text that states that for intermittent streams, sediment
points of exposure apply.
13
'350.51(j)
Sample representativeness should not be limited to
groundwater.
Amend to refer to samples from all environmental media.
Paragraph refers to surface water but not to sediment.
Add Aand sediment@ to each of the two occurrences of
Asurface water@ in the sentence.
14
15
'350.51(k)
'350.51(m) and
Figure 30 TAC
'350.51(m)
Regulatory Issue
Potential Solution
The text refers largely to the Implementation Procedures as
the source for guidance on sampling and handling surface
water samples. This document offers limited guidance on
this topic.
Take out reference to Implementation Procedures and replace
with reference to Surface Water Quality Monitoring
Procedures.
1. Add the word Asoil@ into the rule paragraph to clarify
that the Texas-specific background concentrations are for
soil.
1. Amend first sentence of subsection to read: AIf a person
does not desire to determine a site-specific soil background
concentration...@
2. Figure: 30 TAC '350.51(m) has a column titled
AMetals@ yet it includes fluorine, which is a gas, not a metal.
2. Check the original USGS data base to determine if fluorine
the element or fluoride the ion was the constituent. Either
change the heading and revise the entry if it was fluoride, or
delete fluorine from the list.
3. The table in Figure: 30 TAC '350.51(m) does not
indicate that the background values described are for soils
and the units are milligrams per kilogram (mg/kg).
4. The value listed in the table for thallium is actually for
thorium.
3. Amend the title of the table to ATexas-Specific Soil
Median Background Concentrations, milligrams per kilogram
(mg/kg).@
4. Replace Athallium@ value of 9.3 with 0.7 and add new row
for Athorium@ with value of 9.3.
**Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided
during the August 17, 2005 meeting.
Page 3
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
No.
16
Citation
Regulatory Issue
Revise the rule to specify that the laboratory shall meet the
standards set by NELAC and reference 30 TAC 25.
'350.54(d)
The existing rule states that laboratories should be
Agenerally consistent “ with the National Environmental
Laboratory Accreditation Program (NELAC) or the
International Organization for Standardization (ISO). Since
30 TAC 350 was adopted, 30 TAC 25 rules requiring
conformance with NELAC have been adopted.
The rule is not sufficiently clear on how to handle nondetected results for analytes not identified as COCs.
Revise '350.71(k)(3)(A) and (B) to clarify the flexibility to
eliminate analytes for which all results are not detected and
the appropriate method is used, then the chemical is not a
COC.
The toxicity factor hierarchy list needs updating to reflect
new data sources.
Update hierarchy list based on current sources of toxicity
values.
Thallium has a range of applicable Kds based on the range of
pHs presented in Figure: 30 TAC '350.73(e)(1)(C).
However, thallium does not have a Kd listed in Figure: 30
TAC '350.73(e).
Add the proper Kd for thallium to the table.
The rule does not provide pH-dependent Kd values for
antimony and vanadium
Provide pH-dependent Kd values for antimony and
vanadium.
Incorrect cross-reference citation.
For the relative bioavailability factor (RBAF) and the
reference concentration (RfC*), the citation should be
'350.74(j)(1)(C).
Missing word - Athe@.
Add Athe@ to read A...is the protective...@.
17
'350.71(k)(3)
18
'350.73(a)
19
Figure: 30 TAC
'350.73(e)
20
Figure: 30 TAC
'350.73(e)(1)(C)
21
Figure 30 TAC
'350.74(a)
22**
'350.74(d)
Potential Solution
**Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided
during the August 17, 2005 meeting.
Page 4
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
No.
23
Citation
'350.74(h) and
'350.37(i) and (j)
24
'350.74(h)(3)
25
'350.74(h)(4)
26
'350.74(h)(6)(A-C)
Regulatory Issue
Potential Solution
People are not aware that multiple risk-based exposure limits
(RBELs) and protective concentration levels (PCLs) may
have to be developed for a single chemical of concern
(COC) to address changes in the classification and use of a
given surface water body as it flows downstream.
Additionally, the fact that points of exposure are impacted by
the downgradient changes in surface water bodies should be
considered.
Add language '350.74(h) to make persons more aware that
they may have to develop multiple RBELs or PCLs depending
on the distance downstream COCs are expected to be present
in the watershed, and that the RBELs and PCLs will vary with
the different uses and exposure pathways within the watershed
(e.g., intermittent vs perennial, drinking water designation).
Chapter 321, Subchapter H is no longer valid.
For discharges of petroleum fuel contaminated waters, refer
the person to the limits in the forthcoming Texas Pollutant
Discharge Elimination System (TPDES) general permit
TXG830000, and define the scope of applicability.
Reference to Afederal guidance criteria@ is too vague.
Add specificity [a maximum contaminant level (MCL), or
equivalent agency guideline as appropriate, or derive a human
health value in accordance with 307.6(d)].
This section refers to modifications of the surface water riskbased exposure limit (RBEL) based on many things
(aesthetics, nutrients, chlorides, adverse toxic effects, etc.).
True, in some instances you might modify a RBEL to satisfy
one of these (lower semivolatile chemicals of concern to
satisfy aesthetics, for example), but some of these parameters
(such as nutrients, total dissolved solids, sulfates) may in fact
be chemicals of concern (COCs) themselves.
Clarify language.
Add conforming explanatory text to the end of each of
'350.37(i) and (j).
**Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided
during the August 17, 2005 meeting.
Page 5
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
No.
Citation
27
'350.74(h)(6)(B)
Regulatory Issue
The specified analytes should be treated as a COC. That is
not clear due to the rule structure.
Elevate to form a new paragraph '350.74(h)(5) and shift
subsequent numbering and cross references.
1. The numerator of the groundwater to surface water
(SWGW) equation is not comprehensive.
1. Add Aand/or@ SWSWEco.
2. The dry soil bulk density term (ρb) in the numerator of
the volatilization factor (VFss) equation is wrong.
3. The tau (τ) value in the list of terms is incorrect. Revised
value is already in use via guidance.
28
Figure 30 TAC
'350.75(b)(1)
4. For the Koc term, the table should only reference Figure:
30 TAC '350.73(e)(1)(B), as other referenced tables are K d,
not Koc, values.
5. LDF is defined incorrectly as Lateral Dilution Factor.
29
'350.75(i)(4)
Potential Solution
2. Replace the ρb term with H=/Kd and recalculate Tier 1
PCL values for the AirSoilInh-V and TotSoilComb exposure
pathways.
3. Value should be amended to 9.5 x 108 (30 years) to replace
1.0x109 (33 years).
4. Amend rule striking reference to figure (A) and (C).
5. Define as Leachate Dilution Factor.
6. Theta tau (ΘT ) is incorrectly shown as an exponent in the
Res.sat equation. A revision is already in use via guidance.
6. Amend to make ΘT a multiplier
7. Incorrect Res.sat value (0.0167 in original final rule).
Revised value already in use via guidance.
7. Value should be 0.04514.
The introductory paragraph infers that the use of a dilution
factor for the groundwater-to-surface water pathway is
related only to the SWRBEL; or, to Texas Surface Water
Quality Standards pathways alone.
Need to modify this section to make it clear to set the SWGW
protective concentration level (PCL) equal to the lower of the
(a) SWRBEL established in accordance with '350.74(h), or
the (b) SWSWEco PCL. Also, cross-reference to other parts of
**Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided
during the August 17, 2005 meeting.
Page 6
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
No.
Citation
Regulatory Issue
Potential Solution
the rule.
The text, A. . . divide the SWRBEL by the dilution factor. . .
,@ is too specific. This omits other pathways where a dilution
factor is applicable.
Modify text to say SWRBEL or surface water PCL.
'350.75(i)(4)(C)
'350.76(c)
Additional regulatory flexibility is needed for establishing
lead protective concentration levels (PCLs). The EPA
integrated exposure uptake biokinetic model (IEUBK)Cfor
lead in childrenCshould be available for use in establishing a
site-specific residential lead PCL under Tier 3.
New language (c)(1): The Tier 1 TotSoilComb PCL for
residential lead is 500 mg/kg. New language (c)(2): Subject
to prior approval by the executive director, the person may
use the US EPA IEUBK model for lead in children to
calculate a Tier 3 residential TotSoilComb PCL for lead. Modify
any existing cross-reference to '350.76(c)(1) or (c)(2).
32
'350.76(d)
Total PCB concentrations need to be determined on a PCB
congener basis, not on an arochlor basis, as is commonly
done. Additionally, the rule addresses only soils, being
silent on the subject of PCBs in groundwater.
Revise the rule to specify that total PCB concentrations shall
be determined using a PCB congener method to quantify total
PCBs for comparison to the PCB PCLs. Add rule language
to describe how groundwater PCLs should be developed using
PCB congener data.
Figure: 30 TAC
'350.76(g)(2)
The wrong oral reference dose surrogate is referenced for
>C7-8 aromatics. The correct chemical/physical properties
are used, however.
Replace Aethylbenzene@ with Atoluene@.
33**
1. An expedited stream evaluation process has been
implemented via the ecological risk assessment guidance that
is not acknowledged in rule.
1. To clarify the role of the expedited stream evaluation,
amend the rule at '350.77(a) to adopt the process.
2. The language of '350.77(a) is too limited in referring to
response actions taken to address human health-based
response actions. Satisfactory response actions may have
been performed for other reasons.
2. Amend '350.77(b) to explain that response actions
conducted for any reason may be sufficient to eliminate the
need to conduct the ecological risk assessment.
30
31
34
'350.77(a-b)
**Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided
during the August 17, 2005 meeting.
Page 7
Texas Risk Reduction Program (TRRP) 30 TAC 350
Regulatory Issues and Potential Solutions
Revised: August 9, 2005
No.
Citation
35
'350.77(c)
36
'350.77(c)(7)
37
Regulatory Issue
Potential Solution
The rule implies that there is no ecological risk assessment
guidance.
Amend to reference the existing guidance document.
For ecological risk assessments, the no observed adverse
effects level (NOAEL) is not being consistently considered
along with the low observed adverse effects level (LOAEL).
Amend '350.77(c)(7) to clarify that both the NOAEL and
LOAEL must be considered at this step of the ecological risk
assessment.
'350.95(b)
Institutional controls may be established for reasons other
than commercial/industrial land use.
Expand to capture full applicability that may have been
triggered by '350.31(g), '350. 51(l)(3) or (4), '350.74(b)(1)
or '350.74(j)(2).
38
'350.96(a)
Typo: using the plural Areports@ is incorrect.
Change Areports@ to Areport.”
39
'350.111(e)
Incorrect cross reference to '350.33(f)(3)(E).
Amend to cross reference '350.33(f)(3)(F).
40
'350.134(b)
New agency rules 30 TAC Chapter 60, adopted post-30 TAC
350, establish additional criteria for evaluating compliance
history.
For clarification, a citation for the new 30 TAC Chapter 60
rules can be added to this subsection, similar to a conforming
rule change.
**Items 22 and 33 do not require revisions to the rule and will be removed from the list of proposed revisions. Additional details will be provided
during the August 17, 2005 meeting.
Page 8