presentation of act 2 remediation requirements

Overview of the Land Recycling Program (Voluntary Cleanup

Program)

• Regulatory law and culture changes

• Practical, predictable cleanup standards

• Liability protection

• Financial incentives

Pennsylvania’s Approach

• To make contaminated sites safe

• To return these sites to productive use, create jobs and stimulate economic growth

• To preserve farmland and open space

Program Goals

• 3 bill package signed into law by former Governor Tom Ridge on May 19, 1995– ACT 2 - Land Recycling and Environmental

Remediation Standards Act– ACT 3 - The Economic Development Agency and

Lender Environmental Liability Protection Act– ACT 4 - The Industrial Sites Environmental

Assessment Act

The Land Recycling Program

• Encourage remediators to perform voluntary cleanups

• Remediator may select areas of contamination within the property without having to characterize the entire property

• Act 2 Liability Relief applies to area addressed in final report

Voluntary Nature of Act 2

• Uniform cleanup standards

• Standardized reviews with time limits

• Relief from liability

• Financial assistance

Four Cornerstones

• Remediations may involve one or a combination of standards– Background Standard– Statewide Health Standard– Site Specific Standard

• The person doing the cleanup makes the choice… not DEP

Three Remediation Options

• the concentration of a regulated substance that is present on the property, but is not related to the release of regulated substances on the property.

• the concentration of substances that have moved onto the property and which are unrelated to the release of regulated substances on the property.

Background Standard

• Are established by Act 2• Medium Specific Concentrations (MSCs)• Generic Standards presented in a Tabular

Format– Soil - direct contact– Soil to groundwater pathway– Groundwater use (or Non-Use aquifer) – Residential and Non-Residential exposures

Statewide Health Standard

• Provides more options• Requires additional reports, plans and

approvals• Requires public involvement program• Cleanup based on risk factors, land use and

cost effectiveness

Site Specific Standard

• is a Risk based approach based on… – Site Characterization– Exposure Assessment– Toxicity Assessment– Risk Characterization

Site Specific Standard

• Abandoned sites or sites in enterprise zones• Must be someone who did not cause or

contribute to the contamination• Property must have been used for industrial

activity• Person has limited cleanup obligations– Baseline environmental study– Abate immediate, direct or imminent threats

Special Industrial Area Process

• Publish Notice of Intent to Remediate • Characterization, identify contaminants– Use of fate and transport model

• Select standard• Establish Points of Compliance• Remediate contamination (if necessary)

General Procedures

• Demonstrate attainment of a remediation standard(s)

• Submit final report• Liability relief with approval of final report

Note: An Environmental Covenant may be necessary to maintain the effectiveness of the approved remedy

General Procedures

• Persons demonstrating compliance with a standard shall be relieved of further remediation of contamination identified in submissions to DEP

• Includes protection from citizen suits and contribution actions under PA law

• Reopeners may apply in specific circumstances

Liability Protection

Liability protection applies to:Current ownerFuture ownersAny person who participated in the cleanup Developer Occupiers Successors or assigns Public utilities performing work on the property

Liability Protection

“Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act …preempts laws imposing environmental liability on [lenders,

fiduciaries and economic development agencies] in order to promote economic development.”

35 P.S. Section 6027.2

Act 3 Statutory Liability Protection

• Redevelopment authorities• Industrial development authorities• Any other Commonwealth or municipal authority acquiring title

or interest in property• Municipal development departments organized by ordinance• Conservancies engaged in reclamation of industrial sites• Economic Development Agencies engaging in routine commercial

lending practices are entitled to lender liability protections

Act 3 Pre-Remediation Liability Protections

• Historic agreement between DEP and EPA (2004)

• Establishes Pennsylvania as a one-stop-shop for state and federal standards guiding the cleanup of Brownfield sites

• MOA between EPA Region 3 and DEP provides Act 2 liability relief and Federal comfort under CERCLA, RCRA

One Cleanup Program

• Seller locks in the sale & $$ for cleanup

• Aids the identification and quantification of the remediation alternative and costs

• Provides seller and buyer with certainty prior to completion of the remediation

• Legally binding agreement with DEP ensures completion of the remediation

Pre-Remediation Liability Protection – Buyer Seller Agreements

To date, over 5,048 project have been approved

Over 1,213 site recycling projects underway

Over $600 M dedicated to redevelopment projects since 1995

Program Results

Thank youPA Brownfield Programs

www.depweb.state.pa.us (Keywords “land recycling” or “brownfields”)

DCED Funding Programswww.newpa.com

DCNR Funding Programswww.dcnr.state.pa.us