Efficiently Navigating Your Site Through the Voluntary Cleanup Program (VCP )

1. Efficiently Navigating Your Site Through the Voluntary Cleanup Program (VCP) Robert musick, P.G. Team Leader Voluntary Cleanup Program & Joseph Bell, P.G. Technical Specialist Voluntary Cleanup Program

2. Purpose of Presentation This presentation is intended to provide recommended efficiencies, suggestions, and information to assist customers with addressing common omissions and issues that arise in the Voluntary Cleanup Program (VCP) Administrative Requirements Reporting Requirements Technical Requirements Project Management and Communication

3. Overview of theVoluntary Cleanup Program Cleanup program created by the 74th Texas Legislature and implemented by the TCEQ in 1995 Eligibility standards are set out in statute, rule and TCEQ’s memorandum of agreement with EPA Promotes cleanup of sites by providing a release of liability to future owners, operators and lenders from historical releases Protects the applicant from enforcement action while under the VCP Agreement Harmonizes with the Innocent Owner/Operator Program and Brownfields Site Assessment Program

4. Administrative RequirementsFor New VCP Sites • VCP Application • Original Signatures • Use current form on the VCP website (http://www.tceq.texas.gov/remediation/vcp/vcp.html) • Core Data Form • Required for all new sites • Fill out form in its entirety (even if already have a CN or RN number) • http://www.tceq.texas.gov/permitting/central_registry/guidance.html • $1,000 Application Fee (required by law) • Initial Environmental Site Assessment • VCP Agreement • Original Signatures • Use current form on the VCP website (http://www.tceq.texas.gov/remediation/vcp/vcp.html) • Submittals and Schedules

5. VCP Reporting Requirements • Environmental Site Assessments • Required for each VCP site • Investigate all Recognized Environmental Conditions (RECs) Investigate all potential sources, even if it is not identified as a REC (e.g. current or historic uses of the property where chemicals may have been used, stored or disposed) • Develop an assessment design which includes media to be sampled, sample locations which address data needs • Document redevelopment and collect media samples, photographs • Leaking Petroleum Storage Tanks • Chapter 334 investigation and reporting apply, not Chapter 350 (TRRP) • Refer to TCEQ Guidance Document RG-411 • http://www.tceq.texas.gov/publications/rg/rg-411.html

6. VCP Reporting Requirements (Continued) • Solid Waste Management Units (SWMUs) • Obtain a copy of the facility’s Notice of Registration using Central Registry (http://www15.tceq.texas.gov/crpub/) • Identify all active and inactive SWMUs and associated waste streams • Conduct appropriate site assessment at all SWMUs • The VCP Certificate of Completion, when issued, can be used to document SWMU closure • Submit in writing to the TCEQ Registration and Reporting Division notification of pending SWMU closure

7. VCP Reporting Requirements (Continued) • TRRP is a self-implementing rule • Perform a complete site assessment • Horizontal and Vertical Delineation of contaminants • Drinking Water Survey, if applicable • Ecological Evaluation (Tier 1 or Tier 2 Screening Level Ecological Risk Assessment) • If submitting a Self-Implementation Notice, must be Remedy Standard A

8. VCP Reporting Requirements (Continued) • Include a chronology with appropriate closure documents • Identify major milestones. • Release discovery • Stages of assessment • Interim and/or final Response Actions • Significant decisions • Refer to the TRRP Guidance webpage for report preparation and forms • http://www.tceq.texas.gov/remediation/trrp/guidance.html

9. Certificates of Completion and Paths to Closure • Types of Certificates of Completion • Final Certificate of Completion • No outstanding regulatory issue • A release of liability for qualified individuals • Conditional Certificate of Completion • Allows the liability release to be tied to known conditions • May allow for receipt of a certificate and liability release as long as the conditions are maintained

10. Certificates of Completion and Paths to Closure • Additional Paths Toward Certification • Partial Response Action Area (PRAA) • Facilitates certificate issuance on portion(s) of the site • Facilitates planned development in stages to accommodate redevelopment

11. Helpful Hints for Efficiency Administrative Requirements • Define, assess and schedule your project’s milestones in advance of submitting an application to TCEQ. Inform TCEQ of critical dates for closing, construction, lender decisions • Remember to include your legal description in the VCP application • Submit the VCP Agreement in tandem with the VCP Application when possible so the technical review can be initiated by the assigned Project Manager • Account for review and closure processes in your project time line

12. Helpful Hints for EfficiencyReporting Requirements • If you have a drinking water impact or an ecological impact, submit applicable reports promptly so the appropriate technical staff can review and assist in decisions for the project • Please submit legible documents, maps and photocopies as part of your reports • Document your decisions regarding the “groundwater classification” and “non-water bearing units” since it affects the assessment and response actions. Groundwater classification can be done prior to the APAR submittal in accordance with TRRP 8 Guidance • http://www.tceq.texas.gov/remediation/trrp/guidance.html

13. Helpful Hints for Efficiency Technical Requirements • Groundwater is required to be characterized and remaining exposure pathways must be evaluated even when using a Municipal Setting Designation (MSD) • Groundwater assessment is typically required for VCP projects to get a Certificate of Completion • Investigations must evaluate all on-site and off-site potential sources

14. Helpful Hints for EfficiencyProject Management/Communication • Communication • Discuss project routinely with TCEQ • Meetings (Pre-Application and Post Application) • Phone conferences (Routine and Subject Focused) • Notify the TCEQ to assist when access negotiations have broken down

15. Questions and Contact Information • Phone • TCEQ Remediation Division Main Line: (512) 239-2200 • After selecting language option • For VCP – Select option 3 • For TRRP Rule or Laboratory/Chemistry – Select option 5 • Email • VCP – vcp@tceq.texas.gov • Address Mail Codes • VCP – MC221