The PA DEP’s Land Recycling Program implements standards for the cleanup of soil and groundwater contamination from releases of various toxic and carcinogenic chemicals. Existing regulation requires that every three years DEP evaluate its standards to consider new scientific information and propose changes as necessary to the Medium-Specific Concentrations (MSCs) that are a part of the Statewide health standards.
This month’s update to 25 Pa. Code Chapter 250 regulates the statewide health cleanup standard, corrects errors and omissions, and clarifies certain established program policies. The Independent Regulatory Review Commission (IRRC) approved the final action June 30, 2016, and the new standards are anticipated to be published in the Pennsylvania Bulletin on Saturday August 27, 2016.
The final rulemaking was reviewed and approved by the Environmental Quality Board (EQB), the Independent Regulatory Review Commission (IRRC), and the Office of the Attorney General. The regulation will be effective upon publication. Major revisions to the rulemaking include:
1. Updating the statewide health Medium-Specific Concentrations (MSCs).
2. Clarifying the public notice documentation required for cleanups; and
3. Clarifying the application of the EPA Health Advisory role.
With regard to the MSC’s, the IRRC states that of the 390 regulated substances, there will be changes to 190 limits for groundwater and 270 for soil. About 10% will be lowered, and the other 90% are increasing. MSC’s for many commonly encountered compounds, such as those found in gasoline and in solvents, are either not changing or are slightly increasing.
This rulemaking is being made under the authority of Sections 104(a) and 3 03(a) ofthe Land Recycling and Remediation Standards Act (the Land Recycling Act or Act 2) (35 P. S. § 6026.104(a) and 6026.303(a)), and Section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Links to Important Information
If you would like to see an updated MSC table click here: PA Act 2 Update 08-27-16 – MSC Tables Only.
To view the IRRC webpage dedicated to the PA Act 2 updates, click here: http://www.irrc.state.pa.us/regulations/RegSrchRslts.cfm?ID=3067
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