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 D - SITE-SPECIFIC STANDARD › Section 250.409 - Risk assessment report

Current through Register Vol. 54, No. 28, July 13, 2024
The risk assessment report shall conform to this
						  subchapter and Subchapter F (relating to exposure and risk determinations), and
						  shall include the following unless not required under §
												250.405 (relating to when to
						  perform a risk assessment):
(1) Except
						when submitted in combination with a remedial investigation report, a risk
						assessment report that uses site characterization information from an approved
						remedial investigation report to describe the potential adverse effects,
						including the evaluation of ecological receptors, under both current and
						planned future conditions caused by the presence of regulated substances in the
						absence of any further control, remediation or mitigation measures.
(2) The development of the site-specific
						standards risk assessment report that describes the methods used to calculate a
						concentration level at which human health and the environment are
						protected.
(3) The comments
						obtained as a result of a public involvement plan, if any, and the responses to
						those public comments.
The provisions of this §
														250.409 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 §
														245.310 (relating to site
							 characterization report); 25 Pa. Code §
														250.311 (relating to evaluation of
							 ecological receptors).
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 250.410 - Cleanup plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A cleanup
						plan is required to be submitted to the Department for approval when the
						site-specific standard is selected as the remediation goal. The cleanup plan
						shall evaluate the relative abilities of the alternative remedies to achieve
						the site-specific standard and propose a remedial measure which shall achieve
						the standard established according to the procedures contained in this
						subchapter. The person submitting the plan shall evaluate additional
						alternative remedies that have been requested for evaluation by the Department
						in accordance with the act.
(b)
						Other components of the cleanup plan include:
(1) Site maps.
(2) The results of treatability, bench scale
						or pilot scale studies or other data collected to support the remedial
						actions.
(3) Adequate design plans
						and specifications sufficient to evaluate the proposed remedy.
(4) The comments obtained as a result of a
						public involvement plan and the responses to those public comments.
(5) Documentation of proposed postremediation
						care requirements if they are needed to maintain the standard.
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 250.411 - Final report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For sites
						remediated under the site-specific standard, the person conducting the
						remediation shall submit a final report to the Department which documents
						attainment of the selected standard.
(b) Final reports shall demonstrate that the
						remedy has been completed in accordance with an approved cleanup
						plan.
(c) Final reports shall
						include the information identified in §
												250.204(f)(1)-(5)
						(relating to final report).
(d) If
						engineering or institutional controls are needed to maintain a standard, if the
						fate and transport analysis indicates that the remediation standard may be
						exceeded at the point of compliance in the future, or, if the remediation
						relies on natural attenuation, a postremediation care plan shall be documented
						in the final report that includes the information identified in §
						250.204(g).
(e) The comments
						obtained as a result of a public involvement plan and the responses to those
						public comments shall be included in a final report.
(f) If mitigation measures are implemented in
						accordance with §
												250.311(f) 
						(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 which 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 250.412 - Combined reports

Current through Register Vol. 54, No. 28, July 13, 2024
A person does not need prior Department approval of a
						  remedial investigation report if the remedial investigation report is submitted
						  together with either a risk assessment report or a cleanup
						  plan.
The provisions of this §
														250.412 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 E - SIA STANDARDS › Section 250.501 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						sets forth requirements and procedures for any person who conducts remediation
						activities for property located in an SIA.
(b) A person who conducts remediation
						activities in an SIA shall comply with the requirements for notifying
						municipalities, the public and the Department.
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 E - SIA STANDARDS › Section 250.502 - Eligibility determinations

Current through Register Vol. 54, No. 28, July 13, 2024
The person proposing remediation shall
						  demonstrate:
(1) The property was used
						for industrial activity.
(2) The
						person did not cause or contribute to contamination on the property.
(3) There is no financially viable
						responsible person to clean up the contamination; or the property is located
						within a designated enterprise zone.
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 E - SIA STANDARDS › Section 250.503 - Remediation requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person proposing remediation of an SIA shall perform a baseline remedial
						investigation that establishes a reference point for existing
						contamination.
(b) A work plan
						shall be prepared that will define the scope of the baseline remedial
						investigation and shall be submitted to the Department for approval prior to
						the initiation of the investigation.
(c) At a minimum, a baseline remedial
						investigation shall include the following:
(1) Identification of the historical
						regulated substance use, handling and disposal activities on the property and
						any known or suspected releases associated with these activities by conducting
						environmental site assessment research and interviews with any person who may
						have knowledge of the property.
(2)
						If indicated by the investigation, performance of environmental sampling,
						within all potential media of concern, to confirm that the releases have
						occurred.
(3) Identification of
						potential migration pathways off the property and associated potential
						receptors of any confirmed releases on the property.
(4) If migration pathways and associated
						potential receptors have been identified, performance of environmental sampling
						of groundwater and other media at the downgradient property boundary to
						determine if regulated substances from the releases on the property have
						migrated off the property.
(5)
						Evaluation of exposure conditions within the portion of the property to be
						reused to identify existing contamination that poses an immediate, direct or
						imminent threat to public health or the environment which is inconsistent with
						the intended reuse of that portion of the property.
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 F - EXPOSURE AND RISK DETERMINATIONS › Section 250.601 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						specifies the information and procedures necessary to conduct a risk
						assessment.
(b) A risk assessment
						shall ensure adequate evaluation of the risks associated with human and
						ecological receptors exposed to regulated substances at contaminated
						sites.
(c) A risk assessment may
						include one or more of the following:
(1) A
						baseline risk assessment.
(2) A
						risk assessment to develop site-specific 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 F - EXPOSURE AND RISK DETERMINATIONS › Section 250.602 - Risk assessment procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as specified in §
												250.405 (relating to when to
						perform a risk assessment), a person shall perform a risk assessment when using
						a site-specific standard under Subchapter D (relating to site-specific
						standards) to determine if there are unacceptable exposures to humans or
						unacceptable exposures to ecological receptors, or both.
(b) A person who proposes to perform a risk
						assessment under the site-specific standard shall use the methodologies used to
						develop the Statewide health standards contained in Subchapter C (relating to
						Statewide health standards) to conduct the risk assessment. If methodologies
						are not specified in Subchapter C or this subchapter, the risk assessment shall
						be conducted in accordance with the methodology specified in EPA or ASTM
						guidelines approved by the Department.
(c) A risk assessment for human exposure
						shall include the following components:
(1)
						Data collection, including source characterization and development of a
						conceptual site model, and evaluation to identify contaminants of
						concern.
(2) Exposure assessment
						that considers ingestion, inhalation and volatilization pathways and exposure
						assumptions based on land use.
(3)
						Toxicity assessment that includes the use of toxicity information from sources
						identified in §
													250.605 (relating to sources of
						toxicity information).
(4) Risk
						characterization that evaluates if the risks meet the human health protection
						goals and ecological receptor protection specified in §
													250.402 (relating to human health
						and environmental protection goals).
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 F - EXPOSURE AND RISK DETERMINATIONS › Section 250.603 - Exposure factors for site-specific standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A risk assessment for the site-specific
						standard shall use site-specific exposure factors under the EPA's
Exposure Factors Handbook: 2011 Edition
, 2011
						(EPA/600/R-090/052F) or exposure factors used in the development of the
						Statewide health standards identified in Subchapter C (relating to Statewide
						health standards).
(b) If a person
						uses site-specific exposure factors that deviate from the standard exposure
						factors in Subchapter C, the site-specific exposure factors shall be clearly
						justified by supporting data. The person shall provide the supporting data in
						the site-specific risk assessment report.
(c) The exposure factors shall be selected
						based on the land use of the site with reference to current and currently
						planned future land use and the effectiveness of institutional or legal
						controls placed on the future use of the land.
(d) The person shall document in the
						site-specific risk assessment report the future use of the site.
The provisions of this §
														250.603 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 §
														250.602 (relating to risk
							 assessment procedures); and 25 Pa. Code §
														250.606 (relating to development
							 of site-specific 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 F - EXPOSURE AND RISK DETERMINATIONS › Section 250.604 - Fate and transport modeling requirements for exposure assessments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
						use the soil-to-groundwater model in §
												250.308(a)(2)
						(relating to soil to groundwater pathway numeric values) to estimate
						site-specific, soil-to-groundwater leaching potential for organic contaminants
						if the following conditions are met:
(1)
						Site-specific values of water-filled soil porosity, dry soil bulk density,
						dilution factors (DF) and fraction organic carbon in soil beneath the source of
						contamination (that is, not from top soil) are appropriately justified and the
						person provides supporting data to the Department.
(2) Koc values as provided in §
													250.308(a)(2) are
						used or site-specific values which are appropriately justified are used and the
						person provides supporting data to the Department.
(3) There is no identified separate phase
						liquid contamination at the site.
(4) Other processes such as colloidal
						transport or transport by means of dissolved organic matter (DOM) are not
						significant at the site.
(5) The
						application of the soil-to-groundwater model shall meet the most current EPA or
						ASTM quality assurance/quality control criteria approved by the
						Department.
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 F - EXPOSURE AND RISK DETERMINATIONS › Section 250.605 - Sources of toxicity information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For site-specific standards, the person
						shall use appropriate reference doses, reference concentrations, cancer slope
						factors and unit risk factors identified in Subchapter C (relating to Statewide
						health standards), unless the person can demonstrate that published data,
						available from one of the following sources, provides more current reference
						doses, reference concentrations, cancer slope factors or unit risk factors:
(1) Integrated Risk Information System
						(IRIS).
(2) United States
						Environmental Protection Agency, National Center for Environmental Assessment
						(NCEA) Provisional Peer-Reviewed Toxicity Values (PPRTV).
(3) Other sources:
(i) Health Effects Assessment Summary Tables
						(HEAST).
(ii) Agency for Toxic
						Substances and Disease Registry (ATSDR) Toxicological Profiles.
(iii) California EPA, California Cancer
						Potency Factors and Chronic Reference Exposure Levels.
(iv) EPA criteria documents, including
						drinking water criteria documents, drinking water health advisory summaries,
						ambient water quality criteria documents and air quality criteria
						documents.
(v) EPA Human Health
						Benchmarks for Pesticides (HHBP).
(vi) EPA PPRTV Appendix.
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 F - EXPOSURE AND RISK DETERMINATIONS › Section 250.606 - Development of site-specific standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an unacceptable risk is identified by
						the assessments described in §
												250.602 (relating to risk
						assessment procedures), a person shall perform one of the following:
(1) A remediation that eliminates all current
						and probable future exposure pathways.
(2) A remediation utilizing a standard
						developed under a site-specific risk assessment that is protective of human
						health and the environment.
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 G - DEMONSTRATION OF ATTAINMENT › Section 250.701 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						specifies the information and procedures necessary to demonstrate attainment
						with one or a combination of the background standard, Statewide health
						standard, site-specific standard and the minimum threshold standard, when a
						release of a regulated substance has occurred.
(b) This subchapter applies to persons who
						undertake a remediation in accordance with the act and this chapter.
(c) For purposes of determining attainment of
						one or a combination of remediation standards, the concentration of a regulated
						substance is not required to be less than the limits relating to the PQLs for a
						regulated substance in accordance with §
												250.4 (relating to limits related
						to PQLs).
(d) Attainment of a
						standard shall be demonstrated at the point of compliance, as identified in
						§
												250.203,
						250.302 or
						250.407 (relating to point of
						compliance), whichever is applicable.
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 G - DEMONSTRATION OF ATTAINMENT › Section 250.703 - General attainment requirements for soil

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For any standard selected, the attainment
						demonstration for the soil media shall be made at the point of compliance as
						defined in Subchapters B-D (relating to background standards; Statewide health
						standards; and site-specific standards)
(b) The soil to which the attainment criteria
						are applied shall be determined by circumscribing with an irregular surface
						those concentrations detected during characterization which exceed the selected
						standard. Where this soil is to be removed from the site, the attainment
						demonstration applies to the base of the excavation defined by the limit of
						excavation.
(c) Sampling points for
						demonstration of attainment of soils shall be selected to be random and
						representative both horizontally and vertically based on a systematic random
						sampling as set forth in a Department approved reference. If exceedances of a
						standard occur in a localized area, the Department may require additional
						characterization and remediation if three or more adjacent samples exceed the
						standard by more than ten times.
(d) For statistical methods under §
												250.707(b)(1)(i)
						(relating to statistical tests), the number of sample points required for each
						distinct area of contamination to demonstrate attainment shall be determined in
						the following way:
(1) For soil volumes equal
						to or less than 125 cubic yards, at least eight samples.
(2) For soil volumes up to 3,000 cubic yards,
						at least 12 sample points.
(3) For
						each additional soil volume of up to 3,000 cubic yards, an additional 12 sample
						points.
(4) Additional sampling
						points may be required based on site-specific conditions.
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 G - DEMONSTRATION OF ATTAINMENT › Section 250.704 - General attainment requirements for groundwater

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For any standard selected, the attainment
						demonstration for the groundwater media shall be made at the point of
						compliance as defined in Subchapters B-D (relating to background standards;
						Statewide health standards; and site-specific standards).
(b) A sufficient number and location of
						monitoring wells necessary to demonstrate attainment of each plume of
						contamination shall be installed at the point of compliance for each aquifer
						based on site-specific conditions. Well locations shall be selected to yield an
						adequate amount of water to produce statistically valid results.
(c) In cases where the site characterization
						has determined the groundwater contamination (plume) extends beyond the
						property boundary, and the concentration of regulated substances beyond the
						property is above the cleanup levels of the standard selected, then the
						location and number of wells shall determine compliance:
(1) At and beyond the property
						boundary.
(2) Within the area of
						property shown, in the site investigation report, to be contaminated with
						regulated substances above the selected standard.
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 G - DEMONSTRATION OF ATTAINMENT › Section 250.705 - Attainment requirements for groundwater in aquifers not used or currently planned to be used

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to sampling and statistical analyses that
						  apply to attainment of the Statewide health standards for groundwater in this
						  subchapter, attainment of the MSC for aquifers not used or currently planned to
						  be used shall include the following:
(1) A scientifically valid and applicable
						fate and transport analysis, based on sufficient sampling and monitoring data
						to calibrate the model.
(2) Based
						on the fate and transport analysis in paragraph (1), a demonstration that the
						MSC for groundwater in an aquifer used or currently planned for use is not
						exceeded at and beyond all points on a radius of 1,000 feet, downgradient from
						the property boundary within a period of no more than 30 years.
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 G - DEMONSTRATION OF ATTAINMENT › Section 250.706 - Demonstration of attainment of surface water and air quality standards

Current through Register Vol. 54, No. 28, July 13, 2024
A person shall demonstrate attainment within the
						  surface water and the air media by demonstrating compliance with the applicable
						  State and Federal laws and regulations.
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 G - DEMONSTRATION OF ATTAINMENT › Section 250.707 - Statistical tests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
						regulated substances which are naturally occurring, the person shall compare
						the analytical results of background reference samples, that are representative
						of naturally occurring concentrations of regulated substances on the site, with
						the analytical results of the medium of concern onsite. For nonnaturally
						occurring regulated substances for which a known background condition exists,
						the person shall compare the analytical results of background reference
						samples, which are related to the migration of contaminants onto the site, with
						the analytical results of the medium of concern onsite. In addition,
						application of statistical tests for the background standard shall be as
						follows:
(1) Soil. For soil, a person shall
						use one of the following statistical methods in subparagraphs (i)-(iii) and
						conditions relating to subparagraphs (i)-(iii) as described in subparagraphs
						(iv)-(vi) to demonstrate attainment of the background standard:
(i) The person shall demonstrate that the
						highest measurement from the area of concern is not greater than the highest
						measurement from the background area. The Department may accept insignificant
						variances in numbers. The minimum number of samples to be collected is ten from
						the background reference population and ten from each distinct area of
						contamination.
(ii) The Department
						may accept the use of a combination of the Wilcoxon rank-sum test (equivalent
						to the Mann-Whitney U test) and the quantile test for data from two
						populations. The application of these tests shall meet the criteria in
						subparagraphs (iv) and (vi).
(iii)
						The Department may accept other appropriate statistical methods that meet the
						requirements of subparagraphs (iv)-(vi).
(iv) For nonparametric and parametric methods
						under subparagraphs (ii) and (iii), the false-positive rate for a set of data
						applied to a statistical test may not be greater than 0.20. The minimum number
						of samples to be collected is ten from the background population and ten from
						each distinct area of contamination.
(v) For parametric methods under subparagraph
						(iii), the censoring level for each nondetect (ND) shall be the assigned value
						randomly generated that is between zero and the limit related to the
						PQL.
(vi) For nonparametric and
						parametric methods under subparagraphs (ii) and (iii), the application of a
						statistical method shall meet the criteria in subsection (d).
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 G - DEMONSTRATION OF ATTAINMENT › Section 250.708 - Postremediation care attainment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						After engineering controls are in place and the groundwater concentration
						levels have stabilized following any effects from the remediation, a
						statistical test shall be used to demonstrate that regulated substances in
						groundwater do not exceed the selected standard at the point of compliance. A
						statistical trend analysis, knowledge of the plume stability, or other
						acceptable method shall be used to demonstrate that contaminant concentration
						at the point of compliance will not exceed the selected standard in the
						future.
(b) If engineering or
						institutional controls are utilized at a site to maintain the nonresidential
						Statewide health standard or the site-specific standard, a postremediation care
						program shall be implemented to protect human health and the
						environment.
(c) A person
						implementing engineering controls shall ensure the ongoing achievement of the
						performance standards in order to maintain attainment.
(d) A person shall implement a
						postremediation care plan, as identified in an approved final report.
(e) A person may terminate postremediation
						care as approved in the final report if the person can demonstrate attainment
						under this chapter without the engineering controls in place, and document a
						fate and transport analysis that shows the standard will not be exceeded in the
						future.
The provisions of this Appendix A 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 appendix cited in 25 Pa. Code §
														250.301 (relating to scope); 25
							 Pa. Code §
														250.304 (relating to MSCs for
							 groundwater); 25 Pa. Code §
														250.305 (relating to MSCs for
							 soil); 25 Pa. Code §
														250.306 (relating to ingestion
							 numeric values); 25 Pa. Code §
														250.308 (relating to soil to
							 groundwater pathway numeric values); 25 Pa. Code §
														250.310 (relating to minimum
							 threshold MSCs); 25 Pa. Code §
														250.311 (relating evaluation of
							 ecological receptors); 25 Pa. Code §
														250.312 (relating to final
							 report); 25 Pa. Code §
														250.605 (relating to sources of
							 toxicity information); and 25 Pa. Code §
														250.707 (relating to statistical
							 tests).
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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter A - GENERAL PROVISIONS › Section 252.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to protect public
						  health, safety, welfare and the environment by ensuring the accuracy, precision
						  and reliability of data generated by environmental laboratories by establishing
						  an accreditation program for environmental laboratories.
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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter A - GENERAL PROVISIONS › Section 252.3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Environmental statutes.
This chapter applies to facilities
						that test or analyze environmental samples in the matrices listed in subsection
						(b) for the purpose of complying with the following environmental statutes:
(1) 58 Pa.C.S. Chapter 32 (relating to
						development).
(2) The Clean Streams
						Law (35 P.S. §§
														691.1-691.1001).
(3) The Hazardous Sites Cleanup Act
						(35
						P.S. §§
														6020.101-6020.1305).
(4) The Land Recycling and Environmental
						Remediation Standards Act (35 P.S. §§
														6026.101-6026.908).
(5) The Pennsylvania Safe Drinking Water Act
						(35
						P.S. §§
														721.1-721.17).
(6) The Solid Waste Management Act
						(35
						P.S. §§
														6018.101-6018.1003).
(7) The Storage Tank and Spill Prevention Act
						(35
						P.S. §§
														6021.101-6021.2104).
(8) The Bituminous Coal Mine Safety Act
						(52
						P.S. §§
														690-101-690-708).
(9) The Surface Mining Conservation and
						Reclamation Act (52 P.S. §§
														1396.1-1396.19b).
(10) The Coal Refuse Disposal Control Act
						(52
						P.S. §§
														30.51-30.66).
(11) The Bituminous Mine Subsidence and Land
						Conservation Act (52 P.S. §§
														1406.1-1406.21).
(12) The Noncoal Surface Mining Conservation
						and Reclamation Act (52 P.S. §§
														3301-3326).
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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter A - GENERAL PROVISIONS › Section 252.4 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Testing or analysis of environmental samples within a matrix identified in
						§
												252.3 (relating to scope) and to
						comply with a statute listed in §
												252.3 shall be performed by an
						environmental laboratory accredited under this chapter.
(b) An environmental laboratory testing,
						analyzing or reporting results for environmental samples in a matrix identified
						in §
												252.3 and required by a statute
						identified in §
												252.3 shall be accredited and in
						compliance with this chapter to generate data and perform analysis used to
						comply with an environmental statute listed in § 252.3.
The provisions of this § 252.4 amended under
							 27 Pa.C.S. §§
															4103(2),
							 4104 and
							 4105; 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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter A - GENERAL PROVISIONS › Section 252.5 - NELAP equivalency

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						environmental laboratory may apply to the Department for NELAP accreditation
						for the fields of accreditation for which the Department offers
						accreditation.
(b) An environmental
						laboratory seeking NELAP accreditation shall:
(1) Submit a complete application as provided
						in Subchapter B (relating to application, fees and supporting
						documents).
(2) Comply with
						Subchapter E (relating to proficiency test study requirements).
(3) Comply with Subchapter F (relating to
						assessment requirements).
(4)
						Comply with Subchapter G (relating to miscellaneous provisions).
(5) Comply with the current edition of the
						NELAC Standard or TNI Standard.
(6)
						Comply with §
													252.307 (relating to
						methodology).
(7) Comply with
						§
													252.401 (relating to basic
						requirements).
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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter A - GENERAL PROVISIONS › Section 252.6 - Accreditation-by-rule

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose
. Environmental laboratories performing testing or
						analysis or reporting results described in this section will be deemed to have
						accreditation-by-rule if the following general requirements are met:
(1) The environmental laboratory registers
						with the Department in accordance with
						27 Pa.C.S. §
														4107(a) (relating to interim
						requirements).
(2) The
						environmental laboratory performs the testing or analysis in conformance with
						applicable State or Federal laws, regulations, promulgated methods, orders and
						permit conditions.
(3) The
						environmental laboratory assures that samples for testing or analysis are
						properly preserved, are in proper containers, do not exceed maximum holding
						times between collection and analysis, and are handled in accordance with
						applicable State or Federal laws, regulations, promulgated methods, orders and
						permit conditions.
(4) The
						environmental laboratory has the other necessary permits under the applicable
						environmental protection acts and is operating under the acts and regulations
						promulgated thereunder and the terms and conditions of permits.
(5) Records pertaining to the testing or
						analysis of environmental samples are retained onsite and in accordance with
						§
													252.706 (relating to
						recordkeeping). Records shall be made available to the Department upon
						request.
(6) The environmental
						laboratory is reporting only the results of the testing or analysis of
						environmental samples specified in subsections (c) and (f) in conformance with
						the applicable State or Federal laws, regulations, orders or permit
						conditions.
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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter B - APPLICATION, FEES AND SUPPORTING DOCUMENTS › Section 252.201 - Application and supporting documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An environmental laboratory seeking
						accreditation for one or more fields of accreditation within a matrix described
						in §
												252.3 (relating to scope) or that
						seeks to add a field of accreditation shall apply to the Department for
						accreditation on forms provided by the Department and in the format specified
						by the Department. The applicant shall provide other relevant material
						requested by the Department.
(b) An
						application for accreditation must include the appropriate application fee in
						accordance with § 252.204 (relating to fees.)
(c) Environmental laboratories maintained on
						separate premises shall maintain distinct accreditation. Separate accreditation
						is not required for environmental laboratories in different buildings on the
						same or adjoining grounds, provided the laboratories are operated under the
						same management.
(d) Separate
						accreditation is required for a mobile laboratory.
The provisions of this §
														252.201 amended under
							 27 Pa.C.S. §
															4105(a); and section 1920-A
							 of The Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														252.202 (relating to application
							 for transfer of laboratory
							 accreditation).
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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter B - APPLICATION, FEES AND SUPPORTING DOCUMENTS › Section 252.202 - Application for transfer of laboratory accreditation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The new owner of an accredited
						environmental laboratory shall notify the Department in writing within 10
						calendar days following a change in laboratory ownership. Within 30 calendar
						days following the change in laboratory ownership, an accredited environmental
						laboratory shall do the following:
(1) Submit
						an ownership transfer application, indicating any changes in the equipment,
						methodology and staffing.
(2) Pay
						the application fee for ownership transfer.
(3) Agree to correct any violations that
						exist at the time of the sale or transfer in accordance with a schedule that is
						acceptable to the Department.
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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter B - APPLICATION, FEES AND SUPPORTING DOCUMENTS › Section 252.203 - Accreditation renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Applications for accreditation renewal shall be submitted annually to the
						Department at least 60 calendar days prior to the expiration date of the
						current certificate of accreditation in writing on forms provided by the
						Department and in the format specified by the Department.
(b) An application for accreditation renewal
						must include the appropriate application fee in accordance with § 252.204
						(relating to fees).
(c) Failure to
						submit an application for renewal in accordance with this section will result
						in a lapse in accreditation if the Department has not approved the renewal
						application prior to the expiration of the current certificate of
						accreditation. If a lapse in accreditation occurs, the environmental laboratory
						shall cease all testing or analysis of environmental samples for the affected
						fields of accreditation.
(d) Within
						48 hours of expiration of the certificate of accreditation, the laboratory
						shall notify each of its customers affected by the expiration of the
						certificate of accreditation in writing of the lapse in accreditation. The
						Department may choose to require the laboratory to use specific language in the
						written notice or to require Department approval of the notice before
						issuance.
The provisions of this §
														252.203 amended under
							 27 Pa.C.S. §
															4105(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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter B - APPLICATION, FEES AND SUPPORTING DOCUMENTS › Section 252.205 - Out-of-State laboratories

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Out-of-State environmental laboratories may apply for primary accreditation or
						secondary accreditation from the Department.
(1)
Primary accreditation.
Out-of-State environmental laboratories may apply to the Department for primary
						accreditation under this chapter.
(2)
Secondary accreditation
.
(i) The Department will recognize
						accreditation granted by a primary NELAP accreditation body for the same fields
						of accreditation for which the Department is a primary NELAP accreditation body
						provided the environmental laboratory meets the requirements of §
														252.5 (relating to NELAP
						equivalency).
(ii) The Department
						may recognize the accreditation of an environmental laboratory by another state
						accreditation body if the standards for accreditation are substantially
						equivalent to those established under this chapter and the laboratory is
						physically located within the state granting accreditation.
(iii) An environmental laboratory seeking
						secondary accreditation from the Department shall:
(A) Submit a properly completed application
						on forms provided by the Department.
(B) Pay the appropriate fee.
(C) Submit a copy of a valid accreditation
						certificate from the primary accreditation body.
(D) Submit a copy of all onsite assessment
						reports conducted by the primary accreditation body within the last 3
						years.
(E) Submit any other
						material relevant to accreditation, upon request of the Department.
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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter B - APPLICATION, FEES AND SUPPORTING DOCUMENTS › Section 252.206 - Out-of-State onsite reimbursement

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the nonrefundable application fee, an
						  out-of-State environmental laboratory shall reimburse the Department for the
						  following costs associated with onsite assessments necessitated by
						  accreditation:
(1) Transportation
						costs, including airfare, mileage, tolls, car rental, public transportation and
						parking.
(2) Meals and
						lodging.
(3) Travel time for each
						assessor at a rate of $75/hour.
The provisions of this §
														252.206 amended under
							 27 Pa.C.S. §
															4105(a); and section 1920-A
							 of The Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														252.204 (relating to fees); and 25
							 Pa. Code §
														252.205 (relating to out-of-State
							 laboratories).
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 252 - ENVIRONMENTAL LABORATORY ACCREDITATION › Subchapter B - APPLICATION, FEES AND SUPPORTING DOCUMENTS › Section 252.207 - Expiration of application

Current through Register Vol. 54, No. 28, July 13, 2024
An environmental laboratory that fails to meet the
						  requirements for accreditation within 1 year from the date the Department
						  receives the application shall submit a new application and pay the appropriate
						  fee to become accredited under this chapter.