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