Voluntary Cleanup Program
The Texas VCP provides administrative, technical, and legal incentives to encourage the cleanup of contaminated sites in Texas. The VCP is a brownfields program designed to address sites that are burdened by real or reasonably perceived environmental issues that may hamper real estate transactions or redevelopment. Since all non-responsible parties, including future lenders and landowners, receive protection from liability to the state of Texas for cleanup of sites under the VCP, most of the constraints for completing real estate transactions at those sites are eliminated once a VCP certificate of completion is issued. As a result, many unused or under used properties may be restored to economically productive or community beneficial use.
Parties entering the VCP must submit an application, a $1,000 application fee, CORE Data Form, and any previously prepared reports pertaining to the site. At the time of the application, or within 30 days of the date of acceptance of the VCP application, the applicant(s) must sign an agreement that describes a schedule of submittals necessary to achieve cleanup and confirms that the applicant has agreed to pay all VCP oversight costs. After completion of attainment of the remedy standard, a certificate of completion will be issued by the TCEQ which states that all non-responsible parties are released from all liability to the state for cleanup of areas covered by the certificate. Parties may terminate their participation in the VCP at any time by written notice.
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Through November 2015, the VCP has received over 2,600 applications representing dry cleaners, manufacturing facilities, shopping centers, warehouses, auto-related businesses and other commercial and industrial enterprises. The VCP has issued over 2,000 certificates of completion.
- Texas Health and Safety Code, Chapter 361, Sec. 361.602
- 30 Texas Administrative Code §333 - VCP
- 30 Texas Administrative Code §350 - Texas Risk Reduction Program (TRRP) effective September 23, 1999 (24TexReg7415).
- VCP Statute - HB 2296, 74th Legislature
Please refer to Section 312.211 of the Texas Tax Code for information on local tax abatement incentives.
VCP Publications and Forms
The following documents are provided in PDF (Help with PDF);
- Memorandum of Agreement between EPA and TCEQ (PDF) Supports and defines the roles and responsibilities of the EPA and TCEQ (then TNRCC) with respect to activities conducted under the authority of the TCEQ VCP.
- CORE Data Form (TCEQ Form No. 10400) You MUST fill out this form in order to be accepted into the VCP. Complete this form to maintain Central Registry database information and fulfill VCP application requirements. Please submit an updated version of this form to Central Records and the VCP whenever contact information for the applicant changes.Instructions to assist you in completing the CORE Data Form (TCEQ Form No. 10400)
- The Correspondence ID Form (TCEQ Form 20428) must accompany all correspondence submitted to all Remediation Division cleanup programs and should be affixed to the front of your submittal as a cover page on or after June 1, 2010. Before completing the form, be sure to read the Correspondence ID form instructions.
- VCP Application Form and Instructions (TCEQ Form No. 10241 - Revised October 2007) Complete this form to request assistance and review from VCP staff pursuant to §361.604 of the Texas Solid Waste Disposal Act. Please also complete CORE Data Form (TCEQ Form No. 10400) in order to complete application requirements.
The submittal of a Drinking Water Survey Report is required when contaminants are detected in groundwater at concentrations exceeding residential health-based drinking water standards as set forth in the TCEQ rules that govern the cleanup of the contamination (e.g., 30 TAC Chapter 334 or Chapter 350), or if requested by the TCEQ. Information concerning the preparation of a Drinking Water Survey Report appears online at www.tceq.texas.gov/goto/pdw_survey_reports. If this report has not yet been submitted at the time of the application, please include it in the documents submitted with the application
- Amended VCP Application Form and Instructions Complete this form for any amendments to VCP applications already in the program. Please refer to the Application Instructions on how to complete any amended applications
- VCP Agreement Form (TCEQ Form No. 10242 - Revised April 2009) The agreement form includes the applicable rules, regulations and schedules to be followed.
- Example Certificates:
- Conditional Certificate: This is an example of the certificate that certifies an applicant has demonstrated that long-term response actions (e.g. engineering controls, remediation systems, or post-closure institutional controls) meet performance standards and are being implemented under requirements established in the Texas Voluntary Cleanup Program.
- Final Certificate: This is an example of the certificate from the TCEQ that certifies an applicant has implemented or completed all requirements of the Texas Voluntary Cleanup Agreement.
- Final Certificate with MSD: This is an example of the final certificate reliant upon a Municipal Settings Designation certificate.
VCP General Site Information Spreadsheet
This spreadsheet contains general and historical information on sites that have participated in the VCP and is updated at least semi-annually. Please search TCEQ's Central Registry for more detailed current information about specific sites.