1. Overview of the Land Recycling Program (Voluntary Cleanup Program)

2. Regulatory law and culture changes Practical, predictable cleanup standards Liability protection Financial incentives Pennsylvania’s Approach

3. To make contaminated sites safe To return these sites to productive use, create jobs and stimulate economic growth To preserve farmland and open space Program Goals

4. 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 The Land Recycling Program

5. 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 Voluntary Nature of Act 2

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

7. 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 Three Remediation Options

8. 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. Background Standard

9. 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 Statewide Health Standard

10. 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

11. is a Risk based approach based on… – Site Characterization – Exposure Assessment – Toxicity Assessment – Risk Characterization Site Specific Standard

12. 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 Special Industrial Area Process

13. 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

14. 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 General Procedures

15. 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

16. 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 Liability Protection

17. “ 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 Statutory Liability Protection

18. 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 Act 3 Pre-Remediation Liability Protections

19. 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 One Cleanup Program

20. 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 Pre-Remediation Liability Protection – Buyer Seller Agreements

21. 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 Program Results

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