PA Chamber Chapter 250 and 253_Final Rulemakings_09232010

8/6/2019 PA Chamber Chapter 250 and 253_Final Rulemakings_09232010

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Administration of the Land Recycling Program

25 Pa. Code, Chapter 250

Staff:

Denise Brinley, Deputy Secretary

Troy Conrad, Director, Land Recycling ProgramKurt Klapkowski, Assistant Counsel

Michael Buchwach, Assistant Counsel


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Background

Land Recycling and Environmental

Remediation Standards ActAct 2 -1995

Pennsylvanias One Cleanup Program

Over 15,000 cleanups approved Over 4,000 in process


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Background

Draft to EQB: December 2009

Public Comment Period: March 2010

Final to EQB: August 2010


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Primary Purpose of Amendments

Update Statewide Health standards

First promulgated in 1997 Most recent revision in 2001


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Major Provisions

Establish 3 year review cycle

Automatically adopt EPAs MaximumContaminant Levels (MCLs) and Health AdvisoryLevels (HALs)

Promulgate certain requirements already in

program guidance (vapor Intrusion) Correct errors and omissions


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Proposed Revisions to Numeric ValuesHigher Lower

Groundwater MSC 84 54Soil Direct Contact 48 55

Soil Soil to Groundwater 83 61

215 170

26 new substances have been added


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Comments on Proposed Rulemaking

Six commentators

Five individuals IRRC

Two primary comments

Vapor Intrusion MTBE


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Advisory Committee Review

Storage Tank Advisory Committee June 8,2010

Cleanup Standards Scientific Advisory Board June 15 and 28, 2010


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Statutory Authority for Vapor Intrusion

Section 303(c) of the Land Recycling Act requiresthat when establishing an MSC for groundwater and

soils, the calculation must address the ingestion andinhalation of volatiles and particulates

Final rulemaking does not include a reference toDEPs vapor intrusion technical guidance document

(2004), but it is the accepted manner in whichremediators address vapor intrusion


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MTBE in Groundwater

Original Chapter 250 regulations (1997), the Statewidehealth standard for MTBE was 20 ug/l based on a draft

HAL published by EPA Draft HAL deleted from EPA drinking water standards

MTBE is now listed on the most recent publication ofEPA Drinking Water Standards in a separate table titled

Drinking Water Advisories with an advisory level of 20ug/l

The draft HAL was not finalized by EPA, but the advisorylevel reflects no change in the degree of protectiveness


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Administration of the Uniform EnvironmentalCovenants Act

25 Pa. Code, Chapter 253

Staff:Denise Brinley, Deputy Secretary

Troy Conrad, Director, Land Recycling ProgramKurt Klapkowski, Assistant Counsel

Michael Buchwach, Assistant Counsel


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BackgroundUniform Environmental Covenants Act (UECA)

*First legislative amendment to impact the Land

Recycling Program since 1995

Signed: December 2007

Effective: February 2008

Draft to EQB: December 2009 Public Comment Period: March 2010

Final to EQB: August 2010


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Background, continued

Based on a uniform act drafted by the NationalConference of Commissioners on Uniform StateLaws

Similar legislation adopted in 21 other states, DCand USVI

Creation of environmental covenants to ensurelong term stewardship of activity and uselimitations


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UECA requires the use of an environmentalcovenant when engineeringorinstitutionalcontrols are used to demonstrate attainment of aremediation standard under both Act 2 and theStorage Tank and Spill Prevention Act (Tank

Act)


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Previous deed restrictions must be converted toan environmental covenant by February 2013

Environmental covenants transfer with theproperty and are enforced by DEP

DEP required to develop and maintain a registry

of environmental covenants (in progress)


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Major Provisions

Establish requirements for submission of anenvironmental covenant to demonstrateattainment of a standard under Act 2 or the Tank

Act

Standards for form, content, and submission ofenvironmental covenants

Process for converting prior restrictions

Waiver process

Requirements for the County Recorder of Deeds


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Major Provisions

Fees

$500 per environmental covenant*

No fee for conversion of deed restrictions if not aresponsible party

Board will evaluate fees every 3 years


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Comments on Proposed Rulemaking

11 commentators

10 individuals IRRC


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Discussions with outside groups

Special UECA Workgroup

Storage Tank Advisory Committee June 8,2010

Cleanup Standards Scientific AdvisoryCommittee June 15, 2010 and June 28,

2010


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Changes to Proposed Rulemaking

Contents and Form of Environmental Covenant(Section 253.2)

New paragraph (8) in subsection (a)

Mandatory component of all environmental covenants

Addresses concerns expressed by PennDotconcerning termination of environmental covenantswhere property is taken for use as a highway right-of-way in an eminent domain proceeding


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Notice of Environmental Covenant (Section253.3)

Provision of file stamped copies of the covenant toparties is extended from 60 to 90 days.

DEP can extend time frame


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Submission of Environmental Covenants andRelated Information (Section 253.5)

Most commented on during the public comment period

Submission process has been overhauled

Deleted all requirements to submit a draftenvironmental covenant prior to approval of a FinalReport or Remedial Action Completion Report (RACR)

Only requires submissions within 30 days after DEPprovides written approval of a Final Report or RACRdemonstrating attainment of an Act 2 standard


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Fees (Section 253.7)

Fee was increased from $350 to $500

Change in DEP policy regarding environmentalcovenants for properties meeting the statewide healthnon-residential standard

Costs of implementing the program is divided over a

smaller number of cases, requiring an increase in fees

PA Chamber Chapter 250 and 253_Final Rulemakings_09232010

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