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Category Archives: Pennsylvania Brownfields

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USEPA Issues Final Rule Referencing New Phase I Standard; Plans to Withdraw Reference to Old Standard

Posted in Articles, Pennsylvania Brownfields

As expected, on December 30, 2013, USEPA published notice of its Final Rule amending its All Appropriate Inquiries regulations (40 CFR 312) to include reference to ASTM International’s E 1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.  The surprise in the notice of the Final Rule is USEPA’s declaration that… Continue Reading

PADEP’s Permit Review Process Public Participation Policy … It’s Back?

Posted in Articles, Pennsylvania Brownfields

Following up on my posts of February 7, 2013 and November 28, 2012, the agenda for next week’s meeting of the Pennsylvania DEP’s Environmental Justice Advisory Board includes a scheduled discussion of the status of the Department’s draft Permit Review Process Public Participation Policy.  After I return from the meeting next week, I’ll provide an… Continue Reading

What Developers Should Know About DVRPC’s Updated Comprehensive Plan

Posted in Articles, Pennsylvania Brownfields

  Last week, I attended the April meeting of the Delaware Valley Regional Planning Commission’s Environmental Justice Work Group. DVRPC staff presented an overview of its updated comprehensive plan, Connections 2040, which contained eye-opening information that is relevant to developers throughout the Delaware Valley. Holding all else equal – that is, absent implementation of the… Continue Reading

Bill to Allow Fracking with Mine Influenced Waters Clears PA Senate Committee

Posted in Articles, Pennsylvania Brownfields

Earlier this month, the Pennsylvania Senate Environment Resources and Energy Committee took up Senate Bill No. 411, designed to foster the use of mine influenced water for hydraulic fracturing and other gas well development. The bill, originally proposed by Senator Richard Kasunic, was unanimously approved by the committee and can now move on to the full… Continue Reading


Posted in Articles, Pennsylvania Brownfields

Updating my November 28, 2012 post, the Department is in the process of finalizing updated guidance for its policy covering public participation in the permit review process. The existing policy, Document ID 012-0900-003 (PDF copy here), was last updated in July 2005. At the February 5, 2013 meeting of the Environmental Justice Advisory Board, staff from the Department’s… Continue Reading

New TMDL Waivers and Vineyards

Posted in Articles, Pennsylvania Brownfields

The TMDL regulatory scheme is taking hold in many sectors of our country. In fact, even the wine growing industry in Napa and Sonoma Valleys are being impacted by proposed regulations.  If interested (and yes, Pennsylvania has a growing wine industry too), see Philip Hinerman’s recent post at Fox Rothschild’s Legal Tastings blog.