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Pennsylvania Brownfields & Environmental Law Information and Developments in Brownfields and Pennsylvania Environmental Law

Tag Archives: Guidance

PADEP’s New Commitment to Community Environmental Projects

Posted in Articles

The Pennsylvania Department of Environmental Protection is overhauling its Community Environmental Project (CEP) policy, after several years of uncertainty over the viability of the policy.  The CEP policy, noticed for public comment in the October 26, 2013 Pennsylvania Bulletin, allows the Department to exercise its enforcement discretion to permit a person or regulated entity, in… Continue Reading

PADEP Wants to Hear From Permit Applicants on Implementation of New Permitting Policies

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As the first anniversary of the Pennsylvania DEP’s Permit Review Process and Permit Decision Guarantee approaches, the Department has opened up a supplementary comment period to take public comment on implementation of the two policies.  We discussed the policies last year, here, here, and here.   According to the Department’s most recent quarterly report (link opens PDF),… 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

Latest Developments in the Revision of Pennsylvania’s Vapor Intrusion Guidance

Posted in Articles

In December 2012 we reported on some of the challenges created by the vapor intrusion pathway under the Act 2 brownfields program in Vapor Intrusion and Act 2 – Imperfect Together. This is an update.  On January 29, 2013, the Department convened a meeting of the vapor intrusion subcommittee of the Cleanup Standards Scientific Advisory Board… Continue Reading

PADEP Issues White Paper on Use of Mine Influenced Waters in Natural Gas Extraction

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For the past several months, PADEP has been working internally and with stakeholders to develop policy supporting the use of mine influenced waters (“MIW”) in the natural gas extraction process — that is, using acid mine drainage and mine pool water, from Pennsylvania’s long history of coal mining, for fracking. The concept is that the impacted mine… Continue Reading

US EPA Revises Guidance to Encourage Renewable Energy on Contaminated Land

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On December 5, 2012, US EPA issued a “Revised Enforcement Guidance Regarding the Treatment of Tenants under the CERCLA Bona Fide Prospective Purchaser Provision.”  US EPA undertook this effort to encourage reuse of contaminated properties for renewable energy development. However, the updated guidance is broad enough to apply to other tenant situations and may justify consideration of "all… Continue Reading

Vapor Intrusion and Act 2 — Imperfect Together

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Vapor intrusion, the migration of a volatile chemical from subsurface contamination into the indoor air of a building, was not viewed as a significant exposure pathway in 1995 when Act 2 was written into law. It is viewed as significant now. The emerging importance of this pathway poses unique challenges for DEP and responsible parties under Act 2. It also… Continue Reading