Pennsylvania's Land Recycling Program (Voluntary Cleanup Program) was established by a series of legislation enacted in 1995. This package (Acts 2, 3 and 4 of 1995) serves as the basis for what is more familiarly known as the Land Recycling Program or simply 'Act 2.' The Land Recycling Program encourages the voluntary cleanup and reuse of contaminated commercial and industrial sites.
The Land Recycling Program is built on four cornerstones that break down redevelopment obstacles:
- Uniform cleanup standards: enables the remediator to clearly understand the extent and cost of site cleanup. The selection of standard(s) assures that a site is protective of its present and future use. A property used for industrial development need not be as clean as a residential site.
- Liability relief: addresses the concerns that previously inhibited site redevelopment and sale of properties, the liability protection extends to future owners.
- Standardized reviews and time limits: provides date certainty. Consistent reporting requirements and standardized review procedures provide a definite time frame for report review.
- Financial Assistance: provides grants and low-interest loans for assessment or remediation. These programs are available to people who did not cause or contribute to contamination at the site.
The goals of the Land Recycling Program are to encourage private sector cleanup of contaminated, vacant or otherwise underutilized properties and return them to productive use. Further development of brownfield properties stimulates economic growth, encourages local government partnerships with business, and maximizes the use of existing infrastructure, thereby preserving prime farmland, open space and natural areas.
What’s New
The Chapter 250 Proposed Rulemaking was published in the Pennsylvania Bulletin on July 13, 2024. This rulemaking proposes amendments to toxicity values for some of the 400 regulated substances, leading to changes in the medium-specific concentrations (MSCs) for those substances. This proposal adds five new PFAS substances and updates toxicity values and MSCs for the three PFAS previously included. This proposed rulemaking was finalized prior to the publication of EPA’s PFAS MCL rule. DEP plans to update the affected values prior to this rulemaking being finalized. Additionally, this proposal includes updates to the toxicity value selection process, the toxicity values for carcinogenic polycyclic aromatic hydrocarbons, and the models and inputs used to calculate the lead soil direct contact values. These amendments are needed to ensure DEP’s MSCs reflect the most recent scientific information available for all regulated substances. The proposed rulemaking will be available for public comment for 60 days after publication, which will close on September 11. There will be three public hearings held during the public comment period. The dates, times, and locations for the public hearings as well as the proposed rulemaking can be found on the Pennsylvania Bulletin website at: Pennsylvania Code & Bulletin.
Fact Sheets and Other Information
- Summary of Act 2 of 1995
- Overview of the Land Recycling Program
- Cleanups Using the Background Standard
- Cleanups Using the Site-Specific Standard
- Cleanups Using the Statewide Health Standard
- Special Industrial Areas
- Summary of Companion Legislation to Act 2 of 1995
- Opportunities for Public Participation in the Land Recycling Program
- Land Bank Participation