Transcript Presentation of Act 2 Remediation Requirements

Overview of the Land Recycling
Program (Voluntary Cleanup
Program)
Pennsylvania’s Approach
• Regulatory law and culture changes
• Practical, predictable cleanup standards
• Liability protection
• Financial incentives
Program Goals
• To make contaminated sites safe
• To return these sites to productive use, create
jobs and stimulate economic growth
• To preserve farmland and open space
The Land Recycling Program
• 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
Voluntary Nature of Act 2
•
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
Four Cornerstones
• Uniform cleanup standards
• Standardized reviews with time limits
• Relief from liability
• Financial assistance
Three Remediation Options
• 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
Background Standard
• 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.
Statewide Health 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
Site Specific 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
Special Industrial Area Process
• 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
General Procedures
• 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
Liability Protection
• 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 owner
Future owners
Any person who participated in the cleanup
Developer
Occupiers
Successors or assigns
Public utilities performing work on the property
Act 3 Statutory 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 Pre-Remediation Liability Protections
• 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
One Cleanup Program
• 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
Pre-Remediation Liability Protection – Buyer Seller Agreements
• 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
Program Results
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
Thank you
PA Brownfield Programs
www.depweb.state.pa.us
(Keywords “land recycling” or “brownfields”)
DCED Funding Programs
www.newpa.com
DCNR Funding Programs
www.dcnr.state.pa.us