Key Contacts
Act 2 Changes Anticipated in 2025
In July 2024, the Pennsylvania Department of Environmental Protection (PADEP) proposed extensive changes to the regulations implementing Pennsylvania’s Land Recycling Program, more commonly known as the Act 2 program. These proposed changes were commented on by the Pennsylvania Independent Regulatory Review Commission (IRRC) in October 2024, and based on the remaining steps in the Pennsylvania rulemaking process, it is likely that the proposed regulatory revisions will become effective in 2025. The regulatory changes include: (i) the addition of new statewide health cleanup standards (SHSs) in soil and groundwater for certain PFAS substances; (ii) updates to the models, values, and attainment methods for lead-contaminated soils, which will result in more stringent remediation standards for lead in soil; (iii) revisions to the methods for deriving toxicity values for carcinogenic polycyclic aromatic hydrocarbon (PAH) compounds; (iv) newer and more stringent toxicity values for other compounds based on EPA guidance; (v) updates to the sources of toxicity information used by PADEP to develop cleanup standards; and (vi) clarification that drinking water standards become effective as Act 2 cleanup standards upon final publication by the EPA or PADEP.
Additionally, PADEP is currently working to update the Act 2 Technical Guidance Manual and other related guidance documents. Through these updates, PADEP will seek to clarify specific aspects of the Act 2 program, including: (i) what land uses constitute residential or non-residential use; (ii) applicability of vapor intrusion screening values at sites with fluctuating groundwater elevations and/or very shallow sub-slab contamination; (iii) rounding of sample results for demonstrating compliance with cleanup standards; and (iv) remediation of historically-applied pesticides at former agricultural sites.
These upcoming changes have the potential to impact ongoing and future remediation projects in Pennsylvania, and due to the incorporation of the Act 2 cleanup standards in PADEP’s Management of Fill Policy, also have the potential to significantly impact construction projects requiring fill importation or exportation. Our firm has been significantly involved in these developments through participation in PADEP’s Cleanup Standards Scientific Advisory Board. If you would like to know more about these changes and how they may impact your projects, please contact Jonathan Spergel or Will Hitchcock.
