Making Deals Happen in Plano, Texas TCEQ’s Not Subject to TRRP Option

Whitehead E. S. helps real estate group get No Further Action letter on commercial property in Plano.  The property had low concentrations of potential contaminants associated with gasoline and dry cleaning but the concentrations were below Texas regulatory levels. As a result, the buyer was unwilling to move forward with the deal.

This property is an excellent example of how a review from the Texas Commission on Environmental Quality (TCEQ) and issuance of a No Further Action letter can resolve environmental concerns. This process is known as a “Not Subject to TRRP” (Texas Risk Reduction Program) review, which involves an application and subsequent review by TCEQ staff. If the TCEQ issues a No Further Action letter, it is stating that the Site does NOT meet the requirements of an “Affected Property”.

The initial Phase I Environmental Site Assessment (ESA) identified an adjacent, off-Site dry cleaner and historic filling station as Recognized Environmental Concern (REC). In the first round of sampling, the Consultant identified gasoline compounds in the soil and groundwater at concentrations below the TCEQ Petroleum Storage Tank (PST) Action Levels and trace concentrations of cis-1,2-dichloroethene (DCE), a common degradation product of the dry cleaning solvent “perc”, in the groundwater below the TRRP Protective Concentration Level (PCL). A follow up round of sampling by Whitehead E.S. confirmed that the gasoline range compounds and cis-1,2-DCE in the soil and groundwater were below applicable PST and TRRP Action Levels.

As a result, Whitehead E. S. submitted a “Not Subject to TRRP” application to TCEQ.  Since all volatile organic compounds (VOC) concentrations were below TCEQ Action Levels, the Site was issued a No Further Action letter.  As a note, we considered the TCEQ Innocent Owner/Operator Program (IOP) option, but the location of the historical off-Site filling station was potentially on a portion of the Site.

The Not Subject to TRRP option is useful for higher value properties where all potential contaminant concentrations are below TCEQ Action Levels and the Site does not qualify for the IOP.  In such cases the consultant(s) may conclude that the potential RECs are not a concern but TCEQ concurrence provides a stronger level of confidence for a buyer and lender.  

For more information on the “Not Subject to TRRP” option, contact Michael Whitehead at 469-609-8080 x100.  We’ll help to find a Solution to Your Pollution and Get Your Deal Done!


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