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Changes to Act 2 Regulations
West Chester, PA - March 3, 2011
On January 8, 2011 the Pennsylvania Environmental Quality Board published amendments to the regulations under the Pennsylvania Land Recycling and Environmental Remediation Standards Act (Act 2) in the PA Bulletin. The changes are effective immediately and may have implications to current, future, and even past Act 2 projects. Among the revisions, many of the Statewide Health Based Medium Specific Concentrations (i.e. the Standards) have been revised. Standards have been lowered for some compounds while others have been raised. The revisions also impact site clean-up projects performed under the Regulated Storage Tank Program.
What does this mean for me?
· I already have an Act 2 Release of Cleanup Liability
Even though you have an Act 2 release, the new standards are retroactive. The PA Department of Environmental Protection (PADEP) has the authority to reopen existing closed cases. If concentrations in soil or groundwater on your site complied with the old standards but exceed the new standards; then the Act 2 release will no longer be fully valid for those compounds that exceed the new standards. PADEP has indicated that they will not be actively seeking to reopen closed cases, but it is important to realize that future prospective buyers of your property may discover that concentrations now exceed the new standards during their environmental due diligence investigations.
· I'm in the process of obtaining an Act 2 Release
The revised regulations and the revised standards apply to all current projects, even if remediation has already been initiated utilizing the old standards. Your site soil and groundwater concentrations must demonstrate compliance with the new standards in order to obtain a release of cleanup liability.
· I'm conducting due diligence for a site
If you are considering the purchase of a property that has previously obtained a release of cleanup liability, it is critical that you evaluate the data used to obtain the release as part of your due diligence investigation. If any concentrations of compounds are above the revised standards, the Act 2 Release will no longer be valid for those compounds. As the new property owner, you may be purchasing liabilities associated with the environmental release, and should consider obtaining advice from a qualified environmental attorney.
The above referenced summary is not meant to be an exhaustive review of the revisions. If you have concerns about these important regulatory changes and how they may affect your project, contact Brickhouse Environmental. We can evaluate your specific circumstances and advise you of any recommended actions to protect your assets. For additional information, please feel free to call us at 610-692-5770 and ask for Dave, Paul, Doug, or Victoria. You can also request additional information by e-mailing your questions to brickhouse@brickhouse-environmental.com.
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