Effective communication, participation in policy discussion, and proper documentation are critical when developing site characterization and strategies for regulatory closure for a property. InControl has well-established, working relationships with all agencies throughout Texas including EPA Region 6, Texas Commission on Environmental Quality Remediation Division, TCEQ Permitting Division, and the Railroad Commission of Texas. We coordinate with the TCEQ on various projects, including sites in the Voluntary Cleanup Program, Dry Cleaner Remediation Program, Industrial Hazardous Waste Corrective Action Program, and State Superfund Program. We participate in meetings, policy discussions, and presentations regarding state and local regulations. Consistent interaction with the regulatory agency and its project managers allows us to be at the forefront of new regulations, policies, and practices.
InControl Technologies serves as a private sector liaison between our client and the state agency as we navigate through state environmental programs. Our project managers negotiate with regulatory agencies to establish a reasonable and attainable path to site closure.
TCEQ Regulatory Programs
The state of Texas has several programs designed to regulate the cleanup of contaminated sites. Depending on the type and level of contamination at the subject site, the client’s financial needs, and the plans for the site, certain programs and remediation approaches may fit with a client’s goals better than others. InControl Technologies’ environmental professionals discuss the options with our clients to ensure they understand the various programs and benefits.
InControl Technologies has extensive experience in both the assessment and remediation of environmentally-impacted properties, including demonstrated success of regulatory closure of sites. Since 1997, our team has facilitated the closure of hundreds of sites with various types and levels of contamination throughout the state of Texas. This represents unmatched experience over a wide range of geologic settings. InControl Technologies has developed innovative approaches and technologies to achieve regulatory closure in a timely manner for many sites while reducing costs to the client.
The following are several common state environmental cleanup programs:
- Texas Voluntary Cleanup Program (VCP)
- A site is entered into the VCP by an applicant, undergoes cleanup activities, and once it meets environmental regulatory standards, the site receives a final Certificate of Completion (COC).
- When a COC is issued for a site under the VCP, all non-responsible parties and future landowners receive liability protection from the State for cleanup obligations.
- The requirements to receive a COC under the VCP are stringent due to the release of liability it renders.
- Innocent Owner/Operator Program (IOP)
- When a current owner or operator of a property proves that their property became contaminated from an off-site source and that they did not contribute to the source of contamination, an Innocent Owner/Operator Certificate (IOC) declares them as “innocent.”
- Only releases liability for the current owner or operator and it is non-transferable
- Dry Cleaner Remediation Program (DCRP)
- If a dry cleaner has a release and meets eligibility requirements, the dry cleaner site can apply to the state-lead DCRP.
- Enrolled dry cleaner sites are placed in a prioritized list and receive funding for cleanup activities.
- Municipal Setting Designation (MSD)
- A legally binding document which protects public health by restricting people from using contaminated groundwater as potable water within the designated property.
- Provides an alternative for accelerated and less expensive cleanup of contaminated groundwater since the groundwater will not be used as potable water.
- An MSD must have local municipal support before the application can be submitted to the TCEQ for certification.