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Overview of the Land Recycling Program (Voluntary Cleanup Program)

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... The Industrial Sites Environmental Assessment Act The Land Recycling Program Encourage ... Protection Economic Development ... industrial development ... – PowerPoint PPT presentation

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Title: Overview of the Land Recycling Program (Voluntary Cleanup Program)


1
Overview of the Land Recycling Program (Voluntary
Cleanup Program)
2
Pennsylvanias Approach
  • Regulatory law and culture changes
  • Practical, predictable cleanup standards
  • Liability protection
  • Financial incentives

3
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

4
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

5
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

6
Four Cornerstones
  • Uniform cleanup standards
  • Standardized reviews with time limits
  • Relief from liability
  • Financial assistance

7
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

8
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.

9
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

10
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

11
Site Specific Standard
  • is a Risk based approach based on
  • Site Characterization
  • Exposure Assessment
  • Toxicity Assessment
  • Risk Characterization

12
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

13
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)

14
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

15
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

16
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

17
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

18
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

19
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

20
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

21
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

22
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
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