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Pennsylvania DEP

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Title: Pennsylvania DEP

1
Pennsylvania DEP

Pennsylvanias Act 2 Brownfield's Program
- by the numbers
Walter Payne, P.G.
Environmental Group Manager
Southeast Regional Office

2
PA-DEPs Regulatory Environment
Land Recycling and Environmental Remediation
Standards Act (Act 2)

Approved by Legislature in May of 1995.
Established the Scientific Advisory Board to
develop standards for soil and groundwater.

3
PA-DEPs Regulatory Environment
Land Recycling and Environmental Remediation
Standards Act (Act 2) (cont.)

Final Regulations published on August 16, 1997.
Established Actionable and Toxicological
standards for soils and groundwater.

4
PA-DEPs Regulatory Environment
Land Recycling and Environmental Remediation
Standards Act (Act 2) (cont.)

Established four remediation standards
Statewide Health Standard
Background Standard
Site Specific Standard
may be determined by risk assessment.

5
PA-DEPs Regulatory Environment
Land Recycling and Environmental Remediation
Standards Act (Act 2) (cont.)

Special Industrial Area (SIA)
Properties used for industrial purposes where
there is no financially responsible party to
clean up the contamination (Orphaned Sites).

6
PA-DEPs Regulatory Environment
Land Recycling and Environmental Remediation
Standards Act (Act 2) (cont.)

Offers a release from liability upon
demonstrating attainment of a remediation
standard (Act 2 Section 501).
Protects the property owner from citizen suits or
contribution actions based on Pennsylvanias
environmental laws.

7
PA-DEPs Regulatory Environment
1) Statewide Health Act 2 Standard

Remediation of contaminants in soil and
groundwater to Statewide Health Standards or
Non-Use Aquifer Standards.
Usually involves excavation and disposal for
soils and eight consecutive quarters of
groundwater monitoring.
Most stringent of the Act 2 Standards.
No deed notice required if Residential Standards
are met.

8
PA-DEPs Regulatory Environment
2) Background Act 2 Standard

Remediator must demonstrate that contamination
onsite is not related to any release within their
property.
Contamination in soil and groundwater must be
statistically demonstrated to be pervasive
throughout the area on and off site.
Deed notice required.

9
PA-DEPs Regulatory Environment
3) Site Specific Act 2 Standard

Excess Upper Bound Lifetime Cancer Risk must be
between 10-4 and 10-6
Cumulative Excess Cancer Risk cannot exceed 10-4.
Hazard Index for Systemic Toxicants cannot exceed
1.

10
PA-DEPs Regulatory Environment
3) Site Specific Act 2 Standard (cont.)

Under this standard, a Risk Assessment is
necessary only if there is an open exposure
pathway.
Vapor Intrusion Policy applies to these sites.
Possibility of Public Involvement Plan
Deed notices will be required.
Ecological impact will need to be evaluated.

11
PA-DEPs Regulatory Environment
3) Site Specific Act 2 Standard (cont.)

Act 2s Risk Assessment approach is similar to
EPAs
Employs toxicological references from IRIS,
HEAST, NCEA, ASTDR, etc. (250.605).
Recognizes EPA and ASTM protocols and/or
paradigms (250.602).

12
PA-DEPs Regulatory Environment
4) Special Industrial Area (SIA) Act 2 Standard

Cleanup methods may include treatment, storage,
and/or containment.
Cleanups must address all containerized and other
waste at the property.
Soil that is available for direct contact must
meet human health protection goals.
Standard applicable to orphaned sites.

13
Land Recycling and Environmental Standards
Act Act 2

Act 2 Administrative Requirements
Submit Notice of Intent to Remediate (NIR) to
DEP, municipality, and publish in local newspaper
Public Notices section.
Prepare and submit various technical reports.
Release of Liability granted if Final Report
demonstrates attainment of a standard.
May involve public meetings.

14
Land Recycling and Environmental Standards
Act Act 2

Act 2 numbers as of January 31, 2007
3,460 Sites where NIRs have been received.
2,506 approved cleanups at properties within the
Commonwealth.
1,775 Statewide Health Standards (70)
616 Site Specific Standards (24)
100 Background Standards (4)
115 Special Industrial Sites (SIAs)(4.5)

15
Land Recycling and Environmental Standards
Act Act 2

Southeast Regional Offices Act 2 Numbers
as of February 13, 2006
867 NIRs accepted and processed
426 NIRs completed
671 NIRs for Statewide Health Standards (77)
200 NIRs for Site Specific Standards (23)
48 NIRs for Background Standards (5.5)
13 NIRs for Special Industrial Areas
(SIAs)(1.5)
- Some NIRs involve multiple standards

16
PA-DEPs Regulatory Environment
The Economic Development Agency, Fiduciary and
Lender Liability Protection Act (Act 3)

Offered a Release of Liability for contamination
at a site to lenders involved in the routine
practice of commercial financing.
Lenders may be liable if they caused or
exacerbated the release of regulated substances.
The Agency must take possession of the property.

17
PA-DEPs Regulatory Environment
The Industrial Sites Environmental Assessment
Act (Act 4)

The Department of Community and Economic
Development (DCED) will make grants to
development agencies for assessment and
remediation activities.
Up to 2 million will be transferred annually
from the Hazardous Sites Cleanup Fund.

18
PA-DEPs Regulatory Environment
The Industrial Sites Environmental Assessment
Act (Act 4)

Funds may be used for completion of Phase I, II,
or III Site Assessments.
Funds may be used for the removal/remediation of
hazardous substances.
Applicants must not have caused or contributed to
the contamination at a site.

19
PA-DEPs Regulatory Environment
The Industrial Sites Environmental Assessment
Act (Act 4)

Outright grants or loans can be awarded for site
assessment and/or remediation.
Maximum assessment award cannot exceed 75 of
assessment costs or 200,000.00 / year.
Maximum Remediation award cannot exceed 75 of
remediation costs or 1,000,000.00 / year.
All loans will be at 2 interest Through
PennVest.

20
PA-DEPs Regulatory Environment

The Industrial Sites Environmental
Assessment Act (Act 6)
Amends Act 4 as of September 17, 2000.
Provides outright grants for the environmental
assessment and remediation of Brownfield sites
within distressed communities.

21
Land Recycling-Current Programs

1) PA Site Finder
User friendly database of Brownfield sites
available for redevelopment across the
Commonwealth.
www.pasitesearch.com
Fueled by Brownfield Inventory Grants.

22
Land Recycling-Current Programs

2) Key Sites Initiative
Redevelopment with a Focused Approach Partnering
DEP Economic Development Agencies.
Integrating HSCA Land Recycling Program.
Maximizing the Developers Interests and
Community Needs.

23
Land Recycling-Current Programs

2) Key Sites Initiative (Cont.)
Use HSCA Funds to Assess and Identify Cleanup
Requirements and Costs at Sites.
Work with Economic Development Agencies to Select
Sites - Eight sites currently in a Pilot Project.
Augment the DCED Funding Instruments.

24
Land Recycling-Current Programs

3) Keystone Opportunity Zones (KOZs)
12 zones across the Commonwealth - in areas of
severe Economic and Socioeconomic conditions.
Properties in the zone qualify for SIA Status.
Forgives State and Local Taxes for 12 years.
May qualify for Federal Tax Relief.

25
Land Recycling-Current Programs

4) DEP-EPA Memorandum of Agreement (MOA)
Established One Cleanup Program in PA
Applies to Act 2 Properties
Properties not eligible
NPL Sites (proposed accepted)
Properties permitted under the Solid Waste
Management Act and Clean Streams Law
RCRA Corrective Action Sites approved prior to
4/2004

26
Land Recycling-Current Programs

5) Brownfield Action Team (BAT) essentials
Property located in Brownfield, Enterprise Zone,
KOZ, or selected Grayfields.
Plan for Reuse
Redevelopment Schedule
Committed Private Investment
Application available online
Current Projects Bethlehem Commerce Center

27
Land Recycling-Legislative Initiative

6) Environmental Covenants - Act 68 of 2007
On December 18, 2007 the Governor signed into law
the Uniform Environmental Covenants Act for
Pennsylvania. This act is patterned after the
national model code developed by the National
Conference of Commissioners on Uniform State
Laws. For any site remediated under Act 2, if
engineering controls are needed to attain a or
maintain a standard, if institutional controls
are needed to maintain a standard, if fate and
transport analysis indicates that the remediation
standard may be exceeded at the point of
compliance in the future, or if the remediation
relies on natural attenuation, then an
environmental covenant shall be recorded pursuant
to the act.

28
Land Recycling-Legislative Initiative

6) Environmental Covenants Act (cont.)
Under this legislation, any failure of a remedy
or changes to the institutional or engineering
controls would be required to be reported to the
Department as soon as the remediator or owner of
the site becomes aware of the failure or change.
In addition, a copy of the environmental covenant
would need to be submitted to the Department with
the final report for the project and verification
of recordation submitted within sixty days of the
approval of the final report.
Existing engineering or institutional controls
(deed notices) would be converted to
environmental covenants within five years of the
passage of the bill (February 19, 2013).