reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.9 - Interaction with other environmental statutes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A release of a regulated substance at a
						solid waste facility which did not receive waste after September 7, 1980, shall
						be remediated in accordance with this chapter and the act.
(b) Nothing in this chapter affects the
						permitting, operation, design, performance or closure requirements under the
						environmental protection acts or regulations thereunder. The remediation
						standards as defined in Chapters 271 and 287 (relating to municipal waste
						management-general provisions; and residual waste management-general
						provisions), do not substitute for design and performance standards required
						under the solid waste management regulations. See Articles VIII and IX
						(relating to municipal waste; and residual waste management). In the case of
						hazardous waste facilities, remediations shall comply with requirements
						applicable under the Resource Conservation and Recovery Act (42 U.S.C.A. §§
													6901-6986).
(c) An unpermitted release or spill of a
						regulated substance at a permitted solid waste facility that is outside a
						disposal or processing unit, including surface impoundments, waste storage
						areas, associated piping and underlying containment systems, shall be
						remediated in accordance with this chapter and the act.
The provisions of this §
														250.9 amended under sections 5(b)
							 and 402 of The Clean Streams Law (35 P.S. §§
															691.5(b) and
							 691.402); section 302 of the
							 Municipal Waste Planning, Recycling and Waste Reduction Act (53 P.S. §
															4000.302); section 408(e) of the Pennsylvania
							 Used Oil Recycling Act (58 P.S. §
															408(e)); sections 1905-A,
							 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S.
							 §§
															510-5,
							 510-17 and
							 510-20); sections 104(a),
							 301(c) and 303(a) of the Land Recycling and Environmental Remediation Standards
							 Act (35 P.S. §§
															6026.104(a),
							 6026.301(c) and 6026.303(a));
							 section 105(4) of the Waste Tire Recycling Act (35 P.S. §
															6029.105(4)); sections 301
							 and 302 of the Radiation Protection Act (35 P.S.
							 §§
															7110.301 and
							 7110.302); and the Vehicle
							 Code,
							 75 Pa.C.S. §
															4909(e).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.10 - Measurement of regulated substances in media

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For measuring regulated substances in
						soil and sediments, analyses shall be performed on a dry weight
						basis.
(b) For metals in soil,
						analyses shall be performed on total metals, except for hexavalent and
						trivalent chromium, which analyses shall be performed individually.
(c) For groundwater, samples for metals
						analysis shall be field filtered and field acidified in accordance with the
						most current version of the
Groundwater Monitoring Guidance
						Manual
, Department of Environmental Protection,
						3610-BK-DEP1973.
(d) For
						groundwater where monitoring is being performed at a drinking water well,
						samples for metals analysis shall be field acidified and unfiltered in
						accordance with the most current version of
Land Recycling Program
						Technical Guidance Manual, Appendix A: Groundwater Monitoring
						Guidance
, Department of Environmental Protection, document number
						261-0300-101, or in accordance with an alternative sampling method that
						accurately measures regulated substances in groundwater.
(e) For surface water, samples for metals
						analysis shall be field acidified in accordance with approved EPA analytical
						methods in §
												16.102 (relating to approved EPA
						analytical methods and detection limits).
(f) For air, samples and analyses shall be
						performed in accordance with Chapters 131 and 139 (relating to ambient air
						quality standards; and sampling and testing).
The provisions of this §
														250.10 amended under sections
							 104(a) and 303(a) of the Land Recycling and Environmental Remediation Standards
							 Act (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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.11 - Periodic review of MSCs

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will review new scientific information
						  that relates to the basis of the MSCs as it becomes available and will propose
						  appropriate changes for the consideration of the EQB as necessary, but in no
						  case more than 36 months after the effective date of the most recently
						  promulgated MSCs.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 250.12 - Professional seal

Current through Register Vol. 54, No. 28, July 13, 2024
Reports submitted to satisfy this subchapter containing
						  information or analysis that constitutes professional geologic or engineering
						  work as defined by the Engineer, Land Surveyor and Geologist Registration Law
						  (63
						  P.S. §§
													148-158.2) must be sealed
						  by a professional geologist or engineer who is in compliance with that
						  statute.
The provisions of this §
														250.12 added under sections 104(a)
							 and 303(a) of the Land Recycling and Environmental Remediation Standards Act
							 (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).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter B - BACKGROUND STANDARD › Section 250.201 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth requirements and procedures
						  for a person selecting the background standard, as provided in §
												250.2 (relating to application of
						  remediation standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter B - BACKGROUND STANDARD › Section 250.202 - Establishing background concentrations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Background concentrations shall be
						established based on a site characterization, as set forth in §
												250.204(a)-(e)
						(relating to final report).
(b) The
						background concentrations shall be established using analysis of samples of
						regulated substances present at the property but not related to any release at
						the property. If all areas on the property are affected by a release,
						background shall be determined at points off the property in accordance with
						§ 250.204(f)(7) and (8).
(c)
						Background concentrations shall be established by a methodology that is
						statistically valid and consistent with the methodology used to demonstrate
						attainment under Subchapter G (relating to demonstration of
						attainment).
This section cited in 25 Pa. Code §
														271.1 (relating to definitions);
							 and 25 Pa. Code §
														287.1 (relating to
							 definitions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter B - BACKGROUND STANDARD › Section 250.203 - Points of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
						attainment of the background standard for groundwater, the point of compliance
						shall be throughout the contaminant plume, including areas of the plume that
						are outside the property boundary, as determined by the site
						characterization.
(b) For
						attainment of a background soil standard, the point of compliance shall be
						throughout the area of the soil that has become contaminated as a result of
						releases on the property.
(c) For
						attainment of a surface water quality standard, compliance shall be measured
						for point source discharges at the point of discharge in accordance with limits
						specified in the NPDES permit.
(d)
						For the emission of regulated substances to outdoor air, the point of
						compliance for any applicable air quality standard shall be as specified in the
						air quality regulations in Subpart C, Article III (relating to air
						resources).
This section cited in 25 Pa. Code § 250.701
							 (relating to scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter B - BACKGROUND STANDARD › Section 250.204 - Final report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For sites
						remediated under the background standard, the person conducting the remediation
						shall submit a final report to the Department which documents attainment of the
						selected standard. The final report shall include site characterization
						information in subsections (b)-(e). The site characterization shall be
						conducted in accordance with scientifically recognized principles, standards
						and procedures. The level of detail in the investigation, and the selected
						methods and analyses, that may include models, shall sufficiently define the
						rate of movement and the present and future extent and fate of contaminants to
						ensure continued attainment of the remediation standard. Interpretations of
						geologic and hydrogeologic data shall be prepared by a professional geologist
						licensed in this Commonwealth.
(b)
						As derived from specific knowledge of the subject property, historic use of the
						subject property or regulated substance usage information regarding the subject
						property, an appropriate number of sample locations should be investigated from
						the identified media of concern to characterize the nature and composition of
						the contaminants including the following:
(1)
						Source characterization or development of a conceptual site model.
(2) The vertical and horizontal extent of
						contamination within each media of concern.
(3) The direction and rate of contaminant
						movement and fate and transport of all contaminants within each media of
						concern.
(4) A determination of the
						appropriate remedial technology for each media of concern.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.301 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						sets forth generic Statewide health standards as one of three remediation
						standards that a person may select. The Statewide health standards are
						concentrations of regulated substances associated with a specific environmental
						medium, and are designated as the MSCs. The values used to determine the MSCs
						are contained in Appendix A, Tables 1-4 and 6 and are the concentrations of
						regulated substances that shall be met to demonstrate attainment of a Statewide
						health standard. Appendix A, Table 5 presents the toxicological and physical
						parameters used to calculate the MSCs in Appendix A, Tables 1-4.
(b) This subchapter sets forth generic
						Statewide health standards for regulated substances determined by the EPA to be
						mutagens. Appendix A, Tables 1-4 contain Statewide health standards based upon
						the methodology for mutagens in §§
												250.306 and
						250.307 (relating to ingestion
						numeric values; and inhalation numeric values) for the following substances
						classified as mutagens:
Regulated Substance
CAS Number
Acrylamide
79-06-1
Benzo[a]anthracene
56-55-3
Benzidine
92-87-5
Benzo[a]pyrene
50-32-8
Benzo[b]fluoranthene
205-99-2
Benzo[k]fluoranthene
207-08-9
Chromium (VI)
18540-29-9
Chrysene
218-01-9
Dibenzo[a,h]anthracene
53-70-3
Dibromo-3-chloropropane, 1,2-
96-12-8
Dichloromethane
75-09-2
Indeno[1,2,3-cd]pyrene
193-39-5
Methylene bis(2-chloroaniline), 4,4'-
101-14-4
Nitrosodiethylamine, N-
55-18-5
Nitrosodimethylamine, N-
62-75-9
Nitroso-N-ethylurea, N-
759-73-9
Trichloroethylene (TCE)
79-01-6
Trichloropropane, 1,2,3-
96-18-4
Vinyl chloride
75-01-4
(c) This subchapter sets forth minimum
						threshold MSCs for soil and groundwater that shall be met to demonstrate
						attainment of the Statewide health standards for regulated substances in
						Appendix A, Table 6. Minimum threshold MSCs are standards developed for
						regulated substances for which no chemical-specific toxicological data
						exist.
(d) For regulated substances
						which do not have an MSC for the relevant medium on Appendix A, Tables 1-4 or
						6, the background standard or site-specific standard shall be met to qualify
						for a release of liability under the act.
The provisions of this §
														250.301 amended under sections
							 104(a) and 303(a) of the Land Recycling and Environmental Remediation Standards
							 Act (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).
This section cited in 25 Pa. Code §
														250.306 (relating to ingestion
							 numeric values); and 25 Pa. Code §
														250.307 (relating to inhalation
							 numeric values).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.302 - Point of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
						attainment of the Statewide health standard for groundwater, the point of
						compliance is the property boundary that existed at the time the contamination
						was discovered. Statewide health standards shall be attained at and beyond the
						point of compliance. The Department may determine, in writing, a point of
						compliance beyond the property boundary to be appropriate if one of the
						following situations is demonstrated:
(1)
						Structures are located on the property boundary which prohibit internal or
						external access for a drill rig.
(2) The property is a small parcel of land
						with limited space for onsite monitoring wells.
(3) It is not physically possible to monitor
						groundwater quality at the property boundary.
(4) The downgradient property was owned by
						the same party at the time the contamination was discovered and the use of the
						groundwater on the downgradient property can be controlled to prevent
						unacceptable exposure.
(5) For
						measuring compliance with the groundwater MSCs that apply to secondary
						contaminants.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.303 - Aquifer determination; current use and currently planned use of aquifer groundwater

Current through Register Vol. 54, No. 28, July 13, 2024
(a) With
						the exception of seasonal, localized and hydrologically isolated perched
						systems under a property, all geologic formations or parts or groups of
						formations in this Commonwealth which are saturated are presumed to be aquifers
						for the purpose of applying the Statewide health standards. The term includes
						saturated residuum such as saprolite and other weathered rock strata or
						intervals developed from underlying bedrock and other saturated deposits
						overlying these formations to which the geologic formations are hydrologically
						connected.
(b) All groundwater in
						aquifers is presumed to be used or currently planned for use, unless determined
						otherwise by the Department under this section.
(1) The Department may determine, in writing,
						based on a demonstration by the person remediating a site identified in an NIR,
						that groundwater is not used or currently planned to be used, if:
(i) The public participation requirements of
						§
														250.5 (relating to public notice
						by applicant) are met.
(ii) The
						requirements in subsection (c) are met within the site on the property and
						within a radius of 1,000 feet downgradient of the points of compliance plus any
						additional areas to which the contamination has migrated and might reasonably
						migrate at concentrations that exceed the MSC for groundwater used or currently
						planned to be used.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.304 - MSCs for groundwater

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person shall implement a remedy under the Statewide health standard that is
						protective of human health and the environment.
(b) The MSCs for regulated substances in
						groundwater are presented in Appendix A, Tables 1 and 2. The methodology used
						by the Department for calculating MSCs in groundwater is detailed in
						subsections (c)-(f).
(c) The MSCs
						for regulated substances contained in groundwater in aquifers used or currently
						planned to be used for drinking water or for agricultural purposes are the MCLs
						as established by the Department or the EPA in §
												109.202 (relating to State MCLs,
						MRDLs and treatment technique requirements). For regulated substances where no
						MCL has been established, the MSCs are the Lifetime Health Advisory Levels
						(HAL) set forth in Drinking Water Standards and Health Advisories (DWSHA), EPA
						Office of Water Publication No. EPA 822-F-18-001 (March 2018 or as revised),
						except for substances designated in the DWSHA with cancer descriptor (L)
						"Likely to be carcinogenic to humans" or (L/N) "Likely to be carcinogenic above
						a specific dose but not likely to be carcinogenic below that dose because a key
						event in tumor formation does not occur below that dose." New or revised MCLs
						or HALs promulgated by the Department or the EPA shall become effective
						immediately for any demonstration of attainment completed after the date the
						new or revised MCLs or HALs become effective.
(1) For regulated substances where neither an MCL nor a lifetime
						HAL has been established and for substances designated in the DWSHA with cancer
						descriptor (L) or (L/N), the MSCs are the lowest concentration calculated using
						the appropriate residential and nonresidential exposure assumptions and the
						equations in §§
													250.306 and
						250.307 (relating to ingestion
						numeric values; and inhalation numeric values).
(2) If the Lifetime HAL for a substance designated in the DWSHA
						with cancer descriptor (L) or (L/N) is less than the MSC calculated under
						paragraph (1), then the Lifetime HAL shall be the MSC.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.305 - MSCs for soil

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
						shall implement a remedy under the Statewide health standard that is protective
						of human health and the environment.
(b) The MSCs for regulated substances in soil
						are presented in Appendix A, Tables 3 and 4. The methodology for calculating
						MSCs in soil is detailed in subsections (c)-(e) and the MSCs are further
						limited to not exceed the physical capacity of the soil to contain a regulated
						substance. This physical limitation is based on an assumed porosity of 0.35, an
						assumed dry bulk density of soil of 1.8 kilograms per liter and an assumed
						density of a regulated substance of 1.0 kilograms per liter. This is calculated
						according to the equation in paragraph (1). For regulated substances which are
						organics and liquids at standard temperature and pressure (STP) as identified
						in Appendix A, Table 5 (Chemical Properties), the physical limitation is
						further limited based on residual saturation with the additional assumption of
						a residual saturation ratio of substance volume to soil volume of 0.051, as
						calculated in Equation (2).
Click to view image
(c) For the residential standard,
						the MSC for regulated substances contained in soil is one of the following:
(1) The lowest of the following:
(i) The ingestion numeric value throughout
						the soil column to a depth of up to 15 feet from the existing ground surface as
						determined by the methodology in §
														250.306 (relating to ingestion
						numeric values), using the appropriate default residential exposure assumptions
						contained in § 250.306(d).
(ii) The inhalation numeric value throughout
						the soil column to a depth of up to 15 feet in soil from the existing ground
						surface, which considers volatilization into the outdoor air and inhalation of
						particulates, as determined by the methodology in §
														250.307 (relating to inhalation
						numeric values), using the appropriate default residential exposure assumptions
						contained in §
														250.307(d).
(iii) The soil-to-groundwater pathway numeric
						value throughout the entire soil column as determined by the methodology in
						§ 250.308 (relating to soil to groundwater pathway numeric
						values).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.306 - Ingestion numeric values

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						For a regulated substance which is a systemic toxicant, the ingestion numeric
						value for that substance was calculated using the appropriate residential or
						nonresidential exposure assumptions from subsection (d) according to the
						following equation:
Click to view
						  image
(b) For a
						regulated substance which is a carcinogen, the ingestion numeric value for that
						substance was calculated using the appropriate residential or nonresidential
						exposure assumptions from subsection (d) according to the following equations:
(1) For regulated substances not identified
						as a mutagen in §
													250.301(b)
						(relating to scope):
Click to view
						  image
(2) For
						regulated substances identified as a mutagen, except for vinyl chloride and
						trichloroethylene, in § 250.301(b):
Click to view
						  image
(3) For
						vinyl chloride:
Click to view
						  image
(4) For
						trichloroethylene:
Click to view
						  image
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.307 - Inhalation numeric values

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						For a regulated substance which is a systemic toxicant, the following applies:
(1) For a volatile compound, the numeric
						value for inhalation from soil shall be calculated using the appropriate
						residential or nonresidential exposure assumptions from subsection (d)
						according to the following equation using TF for volatiles:
Click to view
						  image
(2) For a
						regulated substance attached to particulates, the numeric value for inhalation
						from soil was calculated using the appropriate residential or nonresidential
						exposure assumptions from subsection (d) according to the equation in paragraph
						(1) using TF for particulates.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.309 - MSCs for surface water

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Any regulated discharge to surface waters shall comply with the applicable
						provisions of Chapters 91-96, 97 (reserved), 102, 103 and 105, including
						antidegradation requirements, and may not cause an exceedance of the applicable
						water quality standards for the surface water in question.
(b) For point source discharges to surface
						water, compliance shall be measured at the point of discharge in accordance
						with limits specified in the NPDES permit.
(c) For purposes of determining compliance
						with surface water quality standards from a diffuse surface or groundwater
						discharge, the person shall determine the expected instream regulated substance
						concentrations, that are attributable to releases at the site, using mass
						balance techniques for groundwater/surface water mixing at design flow
						conditions.
(1) If the results indicate that
						surface water quality standards are being achieved, no action is
						required.
(2) If results indicate
						that surface water quality standards are not being achieved, additional
						sampling may be performed to help evaluate whether surface water quality
						standards are being achieved.
(3)
						If the results of the sampling indicate surface water quality standards are
						being met, no further action is required.
(4) If the results of the modeling, and
						sampling if any, indicate that surface water quality standards are not being
						met, the person shall perform further remedial action to attain the surface
						water quality standards.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.310 - Minimum threshold MSCs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						For regulated substances listed in Appendix A, Table 6 that are found in
						groundwater, the minimum threshold MSC of 5 micrograms per liter in
						groundwater, shall be used.
(b) For
						regulated substances listed in Appendix A, Table 6 that are found in soil, the
						lowest of one of the following values shall be used as the minimum threshold
						MSC:
(1) An ingestion numeric value of 100
						milligrams per kilogram in soil.
(2) The soil-to-groundwater pathway numeric
						value throughout the soil column as determined by the methodology in §
													250.308 (relating to
						soil-to-groundwater pathway numeric values), but substituting 5 micrograms per
						liter in groundwater for the groundwater MSC. The soil-to-groundwater pathway
						numeric value shall be calculated by using a concentration in soil at the site
						which does not produce a leachate in excess of the MSC for groundwater or by
						using a value which is 100 times the MSC for groundwater, expressed in
						milligrams per kilogram of soil. An equivalency demonstration under §
													250.308(d) may be
						substituted for the soil-to-groundwater numeric value.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.311 - Evaluation of ecological receptors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to any protection afforded
						under other requirements for meeting surface water and air quality standards
						and MSCs under this chapter, based on the screening process in this section,
						direct impacts from regulated substances to the following receptors shall be
						assessed and addressed to implement a remedy that is protective of the
						environment:
(1) Individuals of threatened or
						endangered species as designated by the United States Fish and Wildlife Service
						under the Endangered Species Act (16 U.S.C.A. §§
														1531-1544).
(2) Exceptional value wetlands as defined in
						§
													105.17 (relating to
						wetlands).
(3) Habitats of
						concern.
(4) Species of
						concern.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter C - STATEWIDE HEALTH STANDARDS › Section 250.312 - Final report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For sites
						remediated under the Statewide health standard, the person conducting the
						remediation shall submit a final report to the Department which documents
						attainment of the selected standard. This final report must include site
						characterization information identified in §
												250.204(b)-(e)
						(relating to final report). The site characterization shall be conducted in
						accordance with scientifically recognized principles, standards and procedures.
						The level of detail in the investigation, and the selected methods and
						analyses, that may include models, must sufficiently define the rate of
						movement and the present and future extent and fate of contaminants to ensure
						continued attainment of the remediation standard. The final report must
						include, as appropriate, an assessment that addresses the vapor intrusion
						exposure pathway. Interpretations of geologic and hydrogeologic data shall be
						prepared by a professional geologist licensed in this Commonwealth.
(b) The final report for the Statewide health
						standard shall include the results of the evaluation of ecological receptors.
						If a person relies on a postremedy use to eliminate complete exposure pathways
						that is not implemented at the time of the final report submission, a
						postremediation care plan shall be submitted to document that the postremedy
						use is implemented within 1 year from final report approval, unless the
						Department approves an extension of time. If mitigation measures are
						implemented under §
												250.311 (relating to evaluation of
						ecological receptors), a postremediation care plan shall be documented in the
						final report that includes the following:
(1)
						A plan to maintain the mitigated ecological resource.
(2) Reporting of the ongoing success or
						failure of the mitigation measure implemented.
(3) Mitigation measures, instituted at the
						time of the final report, shall be successfully accomplished and sustained up
						to 5 years from final report approval.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter D - SITE-SPECIFIC STANDARD › Section 250.401 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						sets forth requirements and procedures for any person selecting the
						site-specific standards.
(b) The
						Department may approve or disapprove a remedial investigation report, a risk
						assessment report or cleanup plan based on consideration of all subsections in
						section 304 of the act (35 P.S. §
													6026.304).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter D - SITE-SPECIFIC STANDARD › Section 250.402 - Human health and environmental protection goals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Site-specific standards shall be
						developed that meet the human health and environmental protection goals
						specified in this section. The development of site-specific standards shall be
						based on a site-specific risk assessment, if required.
(b) The site-specific standard shall be a
						protective level that eliminates or reduces any risk to human health in
						accordance with the following:
(1) For known
						or suspected carcinogens, soil and groundwater cleanup standards shall be
						established at exposures which represent an excess upperbound lifetime risk of
						between 1 in 10,000 and 1 in 1 million. The cumulative excess risk to exposed
						populations, including sensitive subgroups, may not be greater than 1 in
						10,000.
(2) For systemic toxicants,
						soil and groundwater cleanup standards shall represent the level to which the
						human population could be exposed on a daily basis without appreciable risk of
						deleterious effect to the exposed population. Where several systemic toxicants
						affect the same target organ or act by the same method of toxicity, the hazard
						index may not exceed one.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter D - SITE-SPECIFIC STANDARD › Section 250.403 - Use of groundwater

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Groundwater will not be considered a current or potential source of drinking
						water where groundwater has a background total dissolved solids concentration
						greater than 2,500 milligrams per liter.
(b) Except as provided in subsection (a),
						current and probable future use of groundwater shall be determined on a
						site-specific basis.
(c) Drinking
						water use of groundwater shall be made suitable by at least meeting the primary
						and secondary MCLs at all points of exposure identified in §
												250.404 (relating to pathway
						identification and elimination).
(d) Current drinking water or agricultural
						uses of groundwater, at the time contamination was discovered, shall be
						protected.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter D - SITE-SPECIFIC STANDARD › Section 250.404 - Pathway identification and elimination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person shall use Department or
						Department-approved EPA or ASTM guidance to identify any potential current and
						future exposure pathways for both human receptors and environmental receptors
						identified in §
												250.402 (relating to human health
						and environmental protection goals).
(b) The person shall summarize pathways for
						current land use and any probable future land use separately in the
						site-specific remedial investigation report.
(c) If no exposure pathway exists, and no
						remedy is required to be proposed and completed, the following apply:
(1) The remedial investigation report shall
						contain information necessary to determine that no current or future exposure
						pathway exists.
(2) A risk
						assessment, including an ecological risk assessment, and cleanup plan are not
						required.
(3) The remedial
						investigation report and the final report may be submitted
						simultaneously.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter D - SITE-SPECIFIC STANDARD › Section 250.405 - When to perform a risk assessment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as specified in subsections (b)
						and (c), a person who remediates under this subchapter shall develop
						site-specific standards based on a risk assessment. The person shall conduct
						the risk assessment according to the procedures specified in Subchapter F
						(relating to exposure and risk determinations).
(b) The risk assessment report is not
						required if a fate and transport analysis which takes into account the effects
						of engineering and institutional controls demonstrates that neither present nor
						future exposure pathways exist. This demonstration shall follow the procedures
						described in §
												250.404 (relating to pathway
						identification and elimination).
(c) The baseline risk assessment report is
						not required if the Department, in its remedial investigation report or cleanup
						plan approval, determines that a specific remediation measure that eliminates
						all pathways, other than a no-action remedial alternative, can be implemented
						to attain the site-specific standard in accordance with the requirements of
						attainment demonstration as specified in Subchapter G (relating to
						demonstration of attainment). A baseline risk assessment is that portion of a
						risk assessment that evaluates a risk in the absence of the proposed
						site-specific measure.
This section cited in 25 Pa. Code §
														250.404 (relating to pathway
							 identification and elimination); 25 Pa. Code §
														250.409 (relating to risk
							 assessment report); and 25 Pa. Code §
														250.602 (relating to risk
							 assessment procedures).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter D - SITE-SPECIFIC STANDARD › Section 250.406 - Relationship to surface water quality requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A regulated discharge to surface waters
						shall comply with the applicable provisions of Chapters 91-96, 97 (reserved)
						and 102-105, including antidegradation requirements.
(b) For point source discharges to surface
						water, compliance shall be measured at the point of discharge in accordance
						with limits specified in the NPDES permit.
(c) For purposes of determining compliance
						with surface water quality standards from a diffuse surface or groundwater
						discharge, the person shall determine the expected instream regulated substance
						concentrations, that are attributable to releases at the site, using mass
						balance techniques and appropriate sampling for groundwater/surface water
						mixing at design flow conditions. If the results indicate that surface water
						quality standards are being achieved, no action is required. If results
						indicate that surface water quality standards are not being achieved,
						additional sampling may be performed to help evaluate whether surface water
						quality standards are being achieved. If the results of the sampling indicate
						the surface water quality standards are being met, no further action is
						required. If the results of the modeling, and sampling if any, indicate the
						surface water quality standards are not being met, the person shall perform
						further remedial action to attain the surface water quality standards, unless a
						waiver of the surface water quality standards is obtained under paragraphs (1)
						and (2).
(1) In the case of a diffuse surface
						or groundwater discharge which existed at the time contamination was
						discovered, the Department may waive any otherwise applicable provisions,
						including the provisions of Chapter 93 (relating to water quality standards),
						under section 902(b) of the act (35 P. S. §
														6026.902(b)).
(2) An applicant for a waiver of provisions
						in Chapter 93 shall demonstrate to the Department that the proposed remedial
						alternative will result in attainment of a concentration in the stream that
						does not exceed human health criteria and aquatic life criteria under the
						requirements in Chapter 93. The person may propose the use of alternative
						site-specific exposure factors or design conditions that will demonstrate
						attainment of the human health criteria.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter D - SITE-SPECIFIC STANDARD › Section 250.407 - Point of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
						attainment of a site-specific standard in groundwater, the point of compliance
						is the property boundary that existed at the time the contamination was
						discovered. Site-specific standards shall be attained at and beyond the point
						of compliance. The Department may determine in writing a point of compliance
						beyond the property boundary to be appropriate if one of the following
						situations is demonstrated:
(1) Structures
						are located on the property boundary which prohibit internal or external access
						for a drill rig.
(2) The property
						is a small parcel of land with limited space for onsite monitoring
						wells.
(3) It is not physically
						possible to monitor groundwater quality at the property boundary.
(4) The downgradient property was owned by
						the same party at the time the contamination was discovered and the use of the
						groundwater on the downgradient property can be controlled to prevent
						unacceptable exposure.
(5) For
						measuring compliance with secondary contaminants.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VI - General Health and Safety › Chapter 250 - ADMINISTRATION OF LAND RECYCLING PROGRAM › Subchapter D - SITE-SPECIFIC STANDARD › Section 250.408 - Remedial investigation report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons electing to remediate a site to
						the site-specific standard shall submit a remedial investigation report to the
						Department for review and approval. This report shall include documentation and
						a description of the procedures and conclusions from the site characterization
						conducted according to the requirements of subsections (b)-(e). The site
						characterization shall be conducted in accordance with scientifically
						recognized principles, standards and procedures. The level of detail in
						investigation, and the selected methods and analyses, that may include models,
						shall sufficiently define the rate of movement and the present and future
						extent and fate of contaminants, to ensure continued attainment of the
						remediation standard. Interpretations of geologic and hydrogeologic data shall
						be prepared by a professional geologist licensed in this
						Commonwealth.
(b) As directed from
						specific knowledge of the subject property, historic use of the subject
						property or regulated substance usage information regarding the subject
						property, an appropriate number of sample locations should be investigated from
						the identified media of concern to characterize the nature and composition of
						the contaminants including:
(1) Source
						characterization or development of a conceptual site model.
(2) The vertical and horizontal extent of
						contamination above the selected standard within each medium of
						concern.
(3) The direction and rate
						of contaminant movement within each medium of concern.
(4) Identification of the appropriate
						remedial technology options for each medium of concern.