An Introduction to the Voluntary Cleanup Program Texas Commission on Environmental Quality Environmental Trade Fair & Conference May 3, 2016 Gene Muller, Team Leader Voluntary Cleanup Program – Corrective Action Section Remediation Division, Office of Waste

Organization Office of Waste Permitting & Registration Support Division Remediation Division VCP/CA Section Team 1 Team 2 Team 3 Superfund Section PST/DCRP Section Division Support Section Waste Permits Division Radioactive Materials Division

Voluntary Cleanup Program Purpose of the Program Benefits of Participation Site Eligibility Application Submittal Investigation and Response Actions Certificate of Completion Common Issues Resources & Guidance

Purpose of the Program Provide incentives to remediate property by removing liability of future landowners and lenders Provide a process by which voluntary response actions can be completed in a timely and efficient manner

Benefits of Participation Liability release can help facilitate property transactions Enhance economic viability of property Mechanism that may restore true market value of property Protections from enforcement

Site Eligibility Site must not be subject to a commission permit or order Conducting remediation activities prior to site acceptance could jeopardize eligibility Consider discussing your site-specific eligibility concerns with the VCP prior to application submittal

Application Submittal Complete VCP Application (TCEQ ) $1,000 Application Fee Core Data Form (TCEQ-10400) Previously Prepared Environmental Site Assessments

BEFORE Voluntary Cleanup Program Site: Discovery Green – Houston, Texas Parking lot in central Houston.

Investigation and Response Actions VCP Agreement Form (TCEQ-10242) Participant voluntarily investigates contamination and conducts appropriate response actions Regulatory oversight provided by a TCEQ Project Manager

DURING Voluntary Cleanup Program Site: Discovery Green – Houston, Texas Site is undergoing assessment and redevelopment.

Certificate of Completion Issued when the participant successfully attains the cleanup standard

AFTER Voluntary Cleanup Program Site: Discovery Green – Houston, Texas Site received a certificate of completion and was redeveloped into an urban greenspace, with playgrounds, restaurants, multi- use amphitheater, dog runs, art displays, and a lake.

Program Statistics (1 of 2) As of February ,666 - VCP Applications Received 2,079 - Certificates of Completion Issued Active Sites

Program Statistics (2 of 2) Texas Brownfields Survey responses identified: Creation of more than 100,000 jobs Increased property values by over $2 billion Over 1,000 successful property transfers

Common Issues (1 of 3) Common Application Issues Not providing original signatures Incomplete Core Data Forms Not providing clear legal description and survey map showing proposed VCP site boundaries

Common Issues (2 of 3) Common Assessment Issues Not considering scope “big picture” Incomplete delineation to residential assessment levels Consideration of a Drinking Water Survey Report

Common Issues (3 of 3) Common Report Review Issues Not providing Data Usability Summaries Not including PG or PE Seals on geoscience work Providing legal descriptions at the certificate issuance stage that do not clearly align with previously established site boundaries 30 TAC 334 versus 30 TAC 350

Resources & Guidance Texas Health and Safety Code, Chapter 361, Subchapter S 30 Texas Administrative Code, Chapter 333, Subchapter A TCEQ Voluntary Cleanup Program Website cp/vcp.html cp/vcp.html

TCEQ Featured Exhibit Please visit the Trade Fair exhibit “TCEQ Remediation”, which includes displays from the VCP-CA Section.

Contact Information Gene Muller, Team Leader VCP-CA Section Remediation Division (512)