Will the EPA seek enforcement if a party is in the Texas VCP?

No.      The EPA has a Memorandum of Understanding with the TCEQ, under which the it agrees not to take an enforcement action as to sites where investigation and cleanup under a Texas VCP Agreement is pending.

However, in the Memorandum of Understanding, the EPA maintains the right to initiate or resume enforcement actions if the property owner does not complete the necessary cleanup or if newly discovered facts show that the response action is inadequate.

You can learn more about the Texas Voluntary Cleanup Program at the TCEQ’s website at: https://www.tceq.texas.gov/remediation/vcp/vcp.html

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