Environmental Law

Pennsylvania's Climate Change Action Plan Now Available

Posted on December 21, 2009
Last Friday, Pennsylvania's Climate Change Action Plan was presented to Governor Rendell and made available on line.   It contains 52 recommended actions that the Commonwealth could pursue to reduce greenhouse gas emissions.  It represents the culmination of a significant amount of work on the part of the Climate Change Advisory Committee...

PADEP Tells Storage Tank Advisory Committee that MTBE Standard will Not be Changed

Posted on December 17, 2009
As a follow-up to my earlier post noting that the CSSAB had objected to the Department changing its mind on adopting a new statewide health standard for MTBE, the Department has now told the Storage Tank Advisory Committee the same thing.  Here is what it posted on STAC's web page: Statewide Health Standard for MTBE The Department has reconsidered the proposed changes to the Statewide health standards for Methyl Tertiary Butyl Ether (MTBE) since the September 1, 2009 CSSAB meeting and decided not to change the MTBE standards at this time...

New PADEP Policy Will Minimize UECA Reporting Obligations Where Downgradient Use of Groundwater Is Highly Unlikely

Posted on December 16, 2009
For my regular readers, I am going to share with you a new policy just released to the regional ECP managers by Central Office, which Troy Conrad passed along to me earlier today.  This is really inside baseball at this point, so you should be thankful you have me making these calls and prying loose important information...

EHB Further Clarifies Fee Shifting Provisions Under PA Clean Streams Law

Posted on December 15, 2009
The fee shifting provisions of the Clean Streams Law (CSL) have been a subject of recent litigation in Pennsylvania.  In a decision issued December 15, 2009, the Pennsylvania Environmental Hearing Board (EHB) further clarified its position on this subject...

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New EPA Region 3 Administrator Named

Posted on December 10, 2009
I have to admit that I didn't see the EPA's press release when it came out last month.  EPA Administrator Jackson has named Shawn M. Garvin to replace Don Welsh as Regional Administrator for EPA Region 3, which covers Pennsylvania, Delaware, District of Columbia, Maryland, Virginia, and West Virginia...

PADEP Withdraws Proposed Changes to MTBE Groundwater Standards

Posted on December 07, 2009
In my post dated October 6, 2009, I provided a first look at the draft proposed changes to Chapter 250, including the proposed changes to the groundwater Medium Specific Concentrations (MSCs).  The draft changes were given to the Cleanup Standards Scientific Advisory Board (CSSAB) for their review and comment...

DEP Staff Cuts Reduced to 96

Posted on December 04, 2009
As reported on Dave Hess' blog, the final number of cuts made at PADEP was reduced from 130 to 96, as a result of bumping.  The losses are spread out across offices and programs.  As of today, I am not aware of any list identifying each specific position that was cut...

New Jersey's LSRP Program - Would it work in PA?

Posted on December 04, 2009
I just returned from a seminar in Trenton organized by Langan Engineering on New Jersey's recently enacted Site Remediation Reform Act and its use of Licensed Site Remediation Professionals (LSRP) to implement that Act.  The LSRP Program was summarized by Irene Kropp, NJDEP's Assistant Commissioner for Site Remediation...

PADEP Budget Cuts

Posted on November 17, 2009
Word out today that PADEP has to cut 120 jobs as a result of the recent budget.  I'm told that the final word on which employees are being cut will come out on Friday.  I feel for my friends within the Department, both management and staff...

Proposed Regulations on High TDS Discharges Now Out for Public Comment

Posted on November 13, 2009
The Notice of Proposed Rulemaking for the proposed regulations on Discharges of High Total Dissolved Solids (TDS) was published in the Pennsylvania Bulletin on November 7, 2009.  The comment period on the proposed regulations runs through February 5, 2010, and PADEP has scheduled four public hearings to take place in December...

Despite Cuts, ISR Funding is Available for Brownfield Sites

Posted on November 02, 2009
I spoke with Scott Dunkelberger at PADCED today to see if he still has funds available for assessments and remediation grants.  Scott says that the General Assembly transferred approximately $5 million from Growing Greener 2 into the ISR Fund, so he's in good shape...

Public Funding for Brownfield Development Takes a Hit

Posted on October 30, 2009
As previously reported, the state operating budget for PADEP took a large hit in the budget recently signed into law by Governor Rendell.  The corresponding reduction in Department personnel will undoubtedly have an impact on brownfield redevelopment activities in Pennsylvania...

Brownfield Insurance Program in Ohio Provides Food for Thought in PA

Posted on October 13, 2009
The Ohio EPA recently announced a new program designed to provide lower cost environmental insurance to brownfield developers remediating sites in Ohio's voluntary brownfield program.   The news release issued by Ohio EPA states that it has signed a memorandum of understanding with three insurance carriers (ACE Environmental Risk, American Insurance Company and Navigator's Specialty Insurance Company) relating to their offering discounted insurance to applicants taking their sites through the states Voluntary Action Program...

Heavy Budget Cuts at PADEP

Posted on October 09, 2009
PADEP's state operating budget is being cut by 26.7%, according to information I received today.  What does that translate into in terms of reduced compliment at the Department?  I'm told that it's estimated PADEP will lose 325 real people...

New Environmental Hearing Board Appointments

Posted on October 09, 2009
Dave Hess just wrote on his blog that the PA Senate earlier today confirmed the following individuals as members of the Environmental Hearing Board:  Thomas W. Renwand, Michelle Coleman, Michael Krancer, and Richard Mather.  I spoke with Dave a few minutes ago and he confirmed the information...

First Glance at Proposed Changes to Chapter 250 Regulations

Posted on October 06, 2009
The Department has posted on its website some proposed changes to the regulations for the Land Recycling Program.   They can be found on the home page for the Cleanup Standards Scientific Advisory Board. The proposed regulatory changes are "for discussion purposes only...

Draft UECA Regulations Do Not Address Periodic Reporting

Posted on September 30, 2009
I've taken my first look through the draft UECA regulations that are now on PADEP's website.  My biggest issue isn't with what's in the draft regulations but with what isn't in there.   After several years of advising clients regarding compliance with UECA and having submitted a number of them to PADEP for review and approval, I can say that the most significant concern for brownfield developers is the fact that the Model Covenant on PADEP's website imposes periodic reporting obligations on the property owner that run in perpetuity...

Obtaining a Copy of the Draft UECA Regulations

Posted on September 24, 2009
I realize that the link I provided in my last post for the draft UECA regulations is not working.  I'm not sure why that is, but for anyone looking to get a copy of the draft UECA regulations, here is how you do it: Go to PADEP's website www.depweb...

Draft UECA Regulations Are Now Available for Review

Posted on September 24, 2009
The draft UECA regulations are now available on PADEP's website.   They aren't on the brownfields web page or on the UECA page.  They can be found as an agenda item to the most recent meeting of the Cleanup Standards Scientific Advisory Board (SAB)...

Bucks County RDA Needs Takers for Revolving Loan Fund Money

Posted on September 18, 2009
I was speaking with the Executive Director of the Bucks County Redevelopment Authority, Bob White, who told me that they need to get the word out on some EPA Revolving Loan Fund money that is available to pay for remediation of contaminated properties...

Pace of Pennsylvania Brownfield Remediation Tied to National Economy

Posted on August 28, 2009
I can't point you to any hard numbers or statistics, but my instincts tell me that brownfield redevelopment work in Pennsylvania is down.  Why?  It's all connected to the national economy.  Years ago, when the housing market was booming, developers were looking at every brownfield site in Southeast Pennsylvania as a possible location for new houses...

No Budget but PADEP Still on the Job

Posted on July 29, 2009
Pennsylvania's budget is overdue.  What does that mean for brownfield developers?  It means that the people who are reviewing your Act 2 reports in each of PADEP's regional offices, and the people setting policy for the Pennsylvania Act 2 program in Harrisburg, may not be getting paid...

Brownfield Redevelopment Reduces Greenhouse Gases

Posted on July 17, 2009
According to the Director of California's Department of Toxic Substances Control, Maziar Movassaghi, redeveloping brownfield sites along transit lines or in downtown areas can achieve 25 to 40 percent reductions in greenhouse gas (GHG) emissions, when compared with building in undeveloped areas...

Buy American applies to Stimulus Money used for PA Brownfield Projects

Posted on July 16, 2009
In a Federal Register notice published on July 2, EPA revoked prior guidance and stated "EPA has determined that when a non-governmental borrower or subgrantee uses [Revolving Loan Fund (RLF)] supplemental funds for remediation activities at public buildings or to carry out a public work, the Buy American provisions apply...

PADEP Working on UECA Regulations

Posted on July 06, 2009
PADEP is working on the draft regulations for implementing UECA, and those draft regulations should be up to the Executive Staff in August and sent to both the Cleanup Standards Scientific Advisory Board and the UECA Stakeholders Group for review in September...

Federal Stimulus Money for UST Cleanups in PA

Posted on July 02, 2009
In one of my prior posts, I talked about how much federal stimulus money was being spent in Pennsylvania on brownfield projects.  Yesterday, Governor Rendell announced that Pennsylvania was applying for $6.1 million in federal stimulus dollars to fund 71 leaking UST remediation projects in 40 counties statewide...

Brownfield Funding Through the Proposed Natural Gas Severance Tax

Posted on June 29, 2009
Legislation voted out of the Pennsylvania House Environmental Resources and Energy Committee last week, House Bill 1489, which imposes a natural gas severance tax, will provide a dedicated funding stream for Pennsylvania's brownfield program...

Ken Reisinger Named Acting Deputy Secretary for Waste, Air and Radiation Management

Posted on June 24, 2009
On Monday, PADEP Secretary John Hanger named Ken Reisinger as the Acting Deputy Secretary for Waste, Air and Radiation Management to replace the recently retired Tom Fidler.  Ken was previously the Director of the Waste Management Bureau, one of three bureaus under that deputate...

Tom Fidler Praised for Brownfield Work in Pennsylvania

Posted on June 19, 2009
Three DEP Secretaries praised Deputy Secretary Tom Fidler last night at his retirement party in Harrisburg for his many contributions to Pennsylvania's award winning brownfield program.  Current Secretary John Hanger, along with former Secretaries Jim Seif and Katie McGinty, all offered Tom their thanks and spoke of Tom's commitment to brownfields redevelopment, recognizing him as instrumental to the creation of the Land Recycling Program and its continued success...

Pennsylvania Environmental Council 39th Annual Dinner

Posted on June 18, 2009
Last night, I attended the 39th Annual Philadelphia Dinner for the Pennsylvania Environmental Council, known as PEC.  For those of you who wondered what happened to Don Welsh, the regional administrator of EPA Region 3 for the last 8 years, Don is now PEC's President and CEO, having been appointed to that position in April...

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