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PA Regulatory Update

Brownfields and Voluntary Cleanup (Act 2) Program

On February 15, 2020, Pennsylvania’s Environmental Quality Board (EQB) published proposed amendments to Pennsylvania’s Land Recycling and Remediation Standards (Act 2) Regulations.

The proposed amendments, published in the Pennsylvania Bulletin, include the following:

 

  1. PFAS: Statewide Health Standards (SHS) will be added for Perfluorooctanoic Acid (PFOA), Perfluorooctane Sulfonate (PFOS), and Perfluorobutane Sulfonate (PFBS).  Previously unregulated, Pennsylvania will now adopt the USEPA Health Advisory Limit of 70 ng/L for PFOA and PFOS combined.
  1. Other Statewide Health Standards: The SHS for many organic and inorganic compounds will be updated based on the latest scientific information. Most notably, the Ingestion Factor for groundwater has been increased by 20% for both residential and non-residential exposure scenarios, due to people’s increased desire to hydrate. Groundwater ingestion factors have been increased from 2.0 L/day to 4 L/day for residential intake, and 1.0 to 1.2 L/day for non-residential intake, resulting in lower SHSs for many compounds.
  1. Total PCBs in Soil: Numeric values would be calculated for total polychlorinated biphenyls in soil. PCPG reports that the Department agrees with the Cleanup Standards Science Advisory Board’s suggestion to keep the individual Aroclors in all of the tables, including Table 5A. Unfortunately, the incorrect version of Table 5A was provided to, and approved by, the EQB and the correction will be made prior to publication of the Final Rulemaking and an explanation for the correction will be provided in the Comment Response document.
  1. Professional Seals: This proposed new section mirrors language from § 245.314 (relating to professional seals) of the storage tank regulations, requiring that reports submitted to the Department which include professional geologic or engineering work be sealed by a professional geologist or engineer.

The 60-day public comment period for this proposed rulemaking ends on April 14, 2020.

Although the new standards have not yet been formally adopted, they should already be taken into consideration during Phase I and Phase II environmental due diligence assessments.

Act 2 Technical Guidance Manual – The Use of Caps as Engineering Controls

PADEP plans to finalize and publish an Appendix to the Act 2 TGM providing guidance for the use of caps as engineering controls.  The planned release date is March 2020.  The document will apply solely to the use of caps in attaining an Act 2 standard.  It will be guidance, not regulation, and will be provided to inform remediators of recommended best practices.

The document will include guidance on cap design, construction materials, demarcation layers, documentation, maintenance, inspections, and reporting.

Look for this guidance policy to be published soon in the Pennsylvania Bulletin, followed by a 30-day public notice period for comment.  Upon approval, the policy will be appended to the Act 2 TGM.  For those who can’t wait, click this link…Environmental Cleanup Brownfields

Management of Fill Policy

As discussed in our January 2020 Newsletter, the PADEP’s new Management of Fill Policy went into effect on January 1, 2020.  Some important take-aways include:

  • The new Policy eliminates the previous numeric standards (Table GP-1), which were developed in 2004. It replaces them with Act 2 Statewide Health Standards – the lower of the current residential direct contact numeric values for soils and the residential generic soil-to-groundwater numeric values. Consequently, the clean fill standards will automatically be updated when the Act 2 regulations are next amended (see update above).
  • The amount of lab testing required for “Clean Fill” determinations can be significantly reduced through “due diligence”. Your trusted environmental professional can help you to determine how much due diligence is needed, how much it can potentially save in lab costs and time, and whether it’s worth it.
  • Once it is determined that fill material meets the definition of “clean fill”, a Certification of Clean Fill form (FP-001) (hot link ? attached form) must be filed electronically with PADEP (for informational purposes but not approval) before the fill material is transported to the receiving site.  Beware – PADEP can review your FP-001 submission, after the fact, and come back to you if they don’t think that it’s sufficient. Therefore, it’s important to properly cover your bases before sending fill offsite.
  • A clean fill determination can be made if it is shown that the concentrations of analytes exceeding the relevant Act 2 standards are actually below background concentrations in soils in the area of the site. However, not only must the fill material be shown to meet background concentrations from the donor site, they must also be shown to meet background concentrations for the receiving site in order to send the material to that property.

Regulated Fill – PADEP General Permit No. WMGR096.

If fill material is determined to not meet clean fill standards, it may still meet “regulated fill” standards, which can still provide significant project cost savings when compared to sending the material to a landfill.

Since the material contains compounds above clean fill standards, regulated fill is still classified as a residual waste.  Therefore, it must be managed properly – in accordance with General Permit No. WMGR096 (hot link?).  This general permit was scheduled to expire on December 23, 2019 but couldn’t be modified for reissuance until after the new Management of Fill Policy was finalized.  Therefore, WMGR096 was extended in its existing form until June 23, 2021.

PADEP says that they plan to release proposed modifications to General Permit No. WMGR096 in the 2nd Quarter of 2020.  Stay tuned…

Brownfields


IRS Publishes Final Opportunity Zone Regulations: Putting It All Together

The IRS released final regulations under Section 1400Z-2 that tie together many of the loose ends remaining after the publishing of two sets of proposed regulations, one in October 2018 and another in May 2019. This article will attempt to put it ALL together: the statute, the two proposed regulations, and last week’s final regulations.

Final Opportunity Zone Treasury Regulations Released

The U.S. Department of Treasury released the long-awaited final Opportunity Zone Treasury Regulations (the “Final Regulations”). The Final Regulations and explanatory materials that span 544 pages, are quite extensive and give some needed clarity into how the Opportunity Zone tax rules work. This client alert is intended to highlight just some of the changes and clarifications in the rules.

U.S. Department of Transportation Releases New Interactive Opportunity Zones Map

The U.S. Department of Transportation’s new interactive map provides information about the location and characteristics of significant transportation-related facilities that are located in or near Opportunity Zones.

Brickhouse Environmental Green Team

Creating A Green Work Space

The Brickhouse Environmental Green Team is an active committee among the employees.   Staff members have been applying sustainable practices at home and at work for many years. More recently, several of us decided to take it to the next level to raise awareness and increase the positive impact.  After a few water cooler conversations, the Brickhouse Environmental Green Team was established in January 2020 for this very purpose. This committee is made up of a diverse group of Brickhouse Environmental employees who are setting out to turn their work space into a green space.

The goals of the Brickhouse Green team are simple:

  1. Reduce the amount of solid waste we send to landfills
  2. Reduce our carbon emissions
  3. Protect and improve our local environment

With the first and second goals in mind, our company has teamed up with TerraCycle and Subaru to establish multiple recycling collections that are open to the public. These recycling collections target various items that are not recyclable through typical municipal recycling programs. Brickhouse Environmental is currently set up to collect the following items: all brands of razors and razor packaging, k-cups, coffee creamer capsules, disposable cups, disposable straws, candy wrappers, and snack wrappers. Click here for a printable Razor flyer.  Click here for the Coffee Flyer.  While we are proud of the collection programs we currently offer, there are many more programs through TerraCycle that we hope to add in the future! In addition, the Green Team is working to reduce our kitchen waste by providing reusable hand towels in the kitchen and implementing a food-scrap composting program. These new recycling collections are in addition to preexisting recycling and waste reduction initiatives for paper, cardboard, glass and plastic that have been in place at our office for years.

Green Team Initiatives

In an effort to accomplish our third goal, the green team is brainstorming new ways to protect and improve our local environment, while our company continues to conduct long-term local initiatives and provide local remediation services to our clients. One way we are directly improving our local community is by conducting bi-annual highway-cleanups as part of the Pennsylvania Department of Transportation Adopt-a-Highway program. To see for yourself, be sure to check out our stretch of road along US 322 next time you are leaving West Chester! While we might be brainstorming new initiatives, local environmental remediation has always and will always be the central priority of our company.

If you would like to take advantage of our recycling programs while also helping to reduce your own carbon footprint, you can drop off any of the items mentioned above at the Brickhouse Office.

Drop off location:  515 South Franklin Street, West Chester, PA 19382

Date/Time:  Fridays from 8:00 am to 2:00 pm.

Questions?  Contact Molly Bowe at 610-692-5770

or email mbowe@brickhouse-environmental.com

Printable Flyers:  Click here for a printable Razor flyer.  Click here for the Coffee Flyer. 

Want to Learn More?

If you liked what you read, be sure to sign up for the Brickhouse Environmental Newsletter to stay informed of the team’s progress and if you are interested in making your office more “green” check out this article “Greening Offices: 25 Tips to Get You Started”.

 

ASTM Phase I ESA Standard

Pending Revisions to the ASTM Phase I ESA Standard (E1527-13)

 

 

Professionals involved with commercial and industrial real estate transactions are almost assuredly familiar with the ASTM “Phase I Environmental Site Assessment” (ESA).  Well, the current version of the ASTM Standard is due for revision in 2020.

Environmental due diligence has been an important factor in commercial and industrial property transactions since the 1980s, as proper due diligence was identified as a specific need for federal liability protection under CERCLA.  In 1993, ASTM published E1527, the first “standard practice” for environmental professionals conducting Phase I ESAs.  Since that time, the “ASTM Phase I Standard” (E1527) has been recognized as the industry standard for conducting the first phase of environmental due diligence.

Every 8 years, the ASTM standards expire and need to be revised. That time period will soon come for ASTM E1527-13, as it sunsets on January 1, 2021.  Therefore, the new standard (E1527-21) must be finalized and published sometime in 2020.

The ASTM E50.02 subcommittee is working on updating several aspects to the standard.  Key changes to E1527 are anticipated to include:

  • Clarifications to the HREC and CREC definitions. The task group is working to refine the definitions for HRECs and CRECs and relationships between the various types of Recognized Environmental Conditions.
  • Expansion of Historical Research to adjoining properties.  The current version of the standard specifically requires historical research of the subject property, but the updated standard may require a more robust investigation of adjoining properties and the surrounding area.
  • Non-Scope Considerations may be modified to reference emerging contaminants, especially PFAS.

 

Brickhouse Environmental is participating on the ASTM E50.02 subcommittee, and we will continue to track the status of the updated ASTM Phase I Standard.  Continue to check our website for future updates.

 

 

 

Stormwater Permitting Requirements

New Year, New Stormwater Permitting Requirements

Just in time for the New Year, the PADEP has issued a new Final General NPDES Permit for discharges of stormwater associated with construction activities (PAG-02). This reissued General Permit contains: new requirements for impaired water discharges; site inspections; new modules; and plenty more. These changes also cover existing general NPDES permits, which could bump existing general permit holders into individual permits, particularly for discharges into streams with certain Total Maximum Daily Loads (TMDL’s).

The more significant changes to the NPDES PAG-02 Permit include:

  • PAG-02 Permits will only be renewed until December 7, 2024, which is the date the statewide PAG-02 General Permit will expire;
  • Permittees will need to implement a non-discharge alternative or best management practices (BMPs) for:
    • Certain impaired surface waters; and
    • Surface waters covered by a TMDL, in addition to complying with any specific waste load allocation assigned to your discharge in a TMDL;
  • The measurable rainfall that triggers a post-storm inspection has been clarified to be a minimum 0.25 inches;
  • Observed deficiencies in E&S or PCSM Plans require the completion of a new Visual Site Inspection Report;
  • The new General Permit now requires the submission of proof of instrument recording, both at the time of Notice of Termination submission, and at the time an application is submitted to transfer permit coverage, if applicable
  • PAG-02 Permits now require the submission of new E&S and PCSM Modules;
  • The Application for NPDES/WQM Permit Transfer will now be used for transferring General Permit coverage to a new permittee;
  • The Co-Permittee Acknowledgement Form for Chapter 102 Permits will now be used to add new operators that must be co-permittees to your General Permit coverage;

Are you effected by these new stormwater permitting requirements?

In order to determine if the new General Permit conditions will impact existing permit holders, existing NPDES permittees must complete and submit an Acknowledgement Form of these changes to the PADEP by March 9, 2020. Permittees must submit an individual NPDES permit application by March 9, 2020 if they are no longer eligible for General Permit coverage, or if they will be unable to comply with the terms and conditions of the 2019 General Permit.

Brickhouse Environmental’s staff of Professional Engineers, Geologists and Scientists are experienced at providing cost-effective stormwater management permit solutions and responding to our client’s needs. For more information, please contact Al Yates, P.E. (ayates@brickhouse-environmental.com).

Links:

PAG-02 General Permit and supporting Documents are available through DEP’s Library:  http://www.depgreenport.state.pa.us/elibrary/

Department of Environmental Protection’s Construction Stormwater website

The New Year Kicks Off with a New PA Management of Fill Policy

The Pennsylvania Department of Environmental Protection (PADEP) has finalized significant changes to the Management of Fill Policy (Document No. 258-2182-773), which took effect on January 1, 2020. The Management of Fill Policy was developed in 2004 to facilitate the unrestricted movement of uncontaminated material, such as soil, asphalt, brick, block, concrete and stone. The new policy will decrease many of the allowable contaminant limits, in some cases by large amounts. It will also synchronize the current and future clean fill standards with the Pennsylvania Land Recycling and Environmental Remediation Standards Act (Act 2).

Use this link to find out more about the PA Land Recycling Program.

This change has major regulatory and cost implications for brownfields redevelopment, real estate transactions, industrial and commercial operations, utilities and transportation projects. Basically, any project requiring excavation or ground disturbance could be impacted, especially in urbanized areas with “historical fill”. Some of the more significant elements to the new policy include:

  • Fill material is now a defined term that is limited to rock, stone, gravel, used asphalt, brick, block or concrete from construction and demolition activities that is separate from other waste. The term specifically excludes reclaimed asphalt pavement, naturally occurring asbestos, mine spoils or acid-producing rock.
  • The new Policy states that fill material containing polychlorinated biphenyls (“PCBs”) at concentrations in excess of 2 mg/kg may only be used if prior written approval is obtained from the United States Environmental Protection Agency.
  • The new Policy eliminates the previous numeric standards, which were developed in 2004. It replaces them with the lower of the current Act 2 residential direct contact numeric values for soils and the residential generic soil-to-groundwater numeric values. Consequently, the clean fill standards will automatically be updated when the Act 2 regulations are next amended.
  • Management of Historic Fill under the new policy now requires mandatory sampling for a broad list of target parameters.
  • Once it’s determined that fill material meets the definition of “clean fill”, a Certification of Clean Fill form must be filed electronically with PADEP (for informational purposes but not approval) before the fill material is transported to the receiving site.
  • Currently, there are no stated exceptions to the Clean Fill filing requirement, so it may apply to all projects as small as homeowners regrading their lawn or similar projects.  Moreover, if sampling of the fill material is necessary, Form FP-001 must be accompanied by copies of the sampling plan, all laboratory reports, data and documentation of any background determination.

Of particular concern with this new policy, is the lowering of standards for various regulated substances that are ubiquitous urban contaminants. For example, the clean fill standard for benzo(a)pyrene is decreasing from 2.5 mg/kg to 0.58 mg/kg, which is below the background level typically found in many developed areas in Pennsylvania. In addition, the clean fill standard for vanadium is decreasing from 1,500 mg/kg to 15 mg/kg, which is substantially less than typical naturally occurring background levels of vanadium in soils.

Based on our experiences, this change will result in soil from many additional sites exceeding the new clean fill standards. Excavated soil not meeting the new clean fill standard is typically either landfilled, at great expense, or managed as Regulated Fill under PADEP General Permit No. WMGR096.

Brickhouse Environmental is highly experienced with identifying the most environmentally safe and cost-effective strategies for managing excavation and fill materials from development and remediation sites.

Have Questions? Reach out to Brickhouse Environmental’s expert, Al Yates, AYates@brickhouse-environmental.com or call 610-692-5770

Documents:   Management of Fill Policy 258-2182-773

Brickhouse Environmental Adopt-A-Highway Clean Up

Brickhouse Cleans Up

In the fall of 2018, the employees of Brickhouse Environmental set out to Route 322, also known as the West Chester Bypass, to particiapte in the PennDot Adopt-A-Highway clean up program.  In the beginning, the 2 mile stretch of road was littered with bottles, cigarette butts, car parts and anything else you can think of. Staff report that the initial clean up was the longest, but over the past year via four clean up sessions, the stretch of highway has been kept fairly clean. In total, Brickhouse Environmental has cleaned up 125 bags of trash. Afterwards, staff enjoy lunch at Brothers Pizza. Overall, it has been a great experience.

What We Found

  • Mannequin arm
  • Plastic car parts
  • Old coke bottles
  • Scrap metal
  • College ID
  • Photograph
  • Lodge Sign
  • Animal skull
  • Cans from the 80’s
  • Cement mixer Planters

 

When asked their favorite memory of the cleanup, one employee said: “I think the ladder being found, added to the pile and picked up by someone for scrap. It’s always satisfying to see a cleaner highway, but to see items go to recycling from our efforts is even better.” -Doug Schott

Another staff member stated, “Our business is to provide consulting services for environmental clean ups.  It feels good to get out and clean up a section of the environment ourselves.”

Are you interested in learning more about the Adopt-A-Highway Program?  Recent improvements to the program have made it easier to participate!  A new website has been created to provide groups on-line access to the AAH program, which can be found here: https://adoptahighway.penndot.gov/.

Please enjoy these photos:

Winter is Coming

December and January are the busiest time of year for heating oil deliveries and, not surprisingly, the time of year for the most home heating oil spills. As a public service, the Pennsylvania Department of Environmental Protection (PADEP) has published a handy Fact Sheet (Tips for Residential Tank Owners) with somewhat easy Self-Inspection Checklists for basement and backyard above-ground heating oil tanks, as well as underground tanks.   This publication provides information to help individuals deal with a heating oil release and any subsequent cleanup.

In this article, you will learn how to….

  • Prevent Fire, Explosion and Exposure
  • Stop or Contain the Release
  • Report the Release
  • Clean Up the Release
  • Environmental Cleanup
  • Help is Available

Take the time to inspect your tank and associated piping and fittings. Not comfortable with that? Have your heating oil delivery company do it. If you see minor drips, or corrosion of the tank legs, don’t put it off for later. It is important to catch tank issues before they become expensive problems.   We know, because we have assisted homeowners with oil tank spills and they’re usually not covered by Homeowner’s Insurance.

View this helpful video from the PADEP

Utilize the Underground Heating Oil Tank Cleanup Reimbursement Program offered by the Pennsylvania Department of Environmental Protection.  “The Underground Heating Oil Tank Cleanup Reimbursement Program provides funds to help with environmental cleanup costs due to releases of heating oil from underground tanks. This program is available to owners of underground heating oil tanks with a capacity of 3,000 gallons or less, used for heating onsite. In order to qualify for the program, the heating oil release must have occurred after January 30, 1998.”

So, inspect your tank – and have a happy, warm, and spill-free holiday season.

For  more  information,  please  contact  us

marketing@brickhouse-environmental.com

(610) 692-5770

Links:  From the DEP

Underground Heating Oil Tank Cleanup Reimbursement Program

 

When it Rains it Pours -Stormwater Management

BY ALFRED YATES

Homeowners Associations (HOA’s) and Businesses Park Property Owners Associations (POA’s) have been responsible for the perpetual inspection, operation and maintenance of stormwater management structures, and other common structures, for decades. In the past this may have consisted of a handful of relatively straightforward storm water detention basins – Sounds easy right? Local and state regulators now require the installation of a veritable smorgasbord of stormwater Best Management Practices (BMP’s) to address stormwater quality and infiltration, in addition to peak flow attenuation. The upkeep of these stormwater BMP’s can create a significant financial strain, if not properly managed and funded through ongoing association fees.

HOA’s and POA’s typically have little, to no experience, in the operation of these complex stormwater management facilities.

Some of the more common issues that Brickhouse Environmental routinely addresses are:

  • Managing the transition of stormwater BMP’s from Developer to HOA and POA control;
  • Infiltration structures that don’t infiltrate stormwater (You had one job!);
  • Deteriorating culvert pipes and basin outlets;
  • Lack of a Reserve Study to establish funding for stormwater BMP’s maintenance;
  • Stabilizing severe scour at storm water discharge locations and adjacent stream banks;
  • Soggy yards and flooding of basements caused by both poor grading and inadequate drainage;
  • Providing Professional Engineering Expert Reports and litigation support to HOA’s; and
  • Compliance with ongoing stormwater inspection and reporting requirements.

Given these often-overlooked liabilities, HOA’s and businesses should budget for the routine inspection and maintenance of their storm water facilities through regularly updated Reserve Studies. This ensures that adequate funds are in place to address the predictable, periodic costs to repair and maintain these facilities.

Brickhouse Environmental’s experienced staff of Professional Engineers, Geologists and Scientists are able to quickly assess stormwater situations, provide stormwater management solutions and respond to our client’s needs. Whether it is preliminary site planning, layout and design of new stormwater facilities, rehabilitation of existing stormwater facilities, inspection, expert testimony for litigation support or determining ongoing maintenance responsibilities, our highly trained staff is able to guide our clients through the ever evolving and complicated field of stormwater management.

For  more  information,  please  contact  Al  Yates,  P. E.

ayates@brickhouse-environmental.com

(610) 692-5770

 

SRBC Grandfathered Water Use Registration Program

Susquehanna River Basin Commission (SRBC)

Grandfathered facilities that fail to register will lose their exempt status and have to obtain a permit from the commission in order to continue to operate.

Program deadline is: December 31, 2019

Have you received a letter from the SRBC regarding your water use?
Do you have a groundwater withdrawal of 100,000 gallons of water per day or more initiated prior to July 13, 1978? *
OR
Do you have a surface water withdrawal of 100,000 gallons per day or more initiated prior to November 11, 1995?*
OR
Does your facility consume 20,000 gallons per day or more from surface water, groundwater, a combination thereof, or any other source (including a public water supply), initiated prior to January 23, 1971?*

Don’t miss the deadline and lose your grandfathered status.

If you answered yes to any of these questions, then you will want to utilize the Grandfathered Water Use Registration Program provided by the Susquehanna River Basin Commission.

NOTE Threshold volumes are expressed as consecutive 30–day averages. The facility’s volume is determined by totaling the actual daily withdrawal or consumptive use over the peak consecutive 30–day period, then dividing by 30.

 * if you initiated a withdrawal above these quantities after the listed dates, you should already have a permit.

Have Questions? Reach out to Brickhouse Environmental’s SRBC expert, Stephen Huxta

Shuxta@brickhouse-environmental.com

610-692-5770

Links:
Grandfathered Water Use Registration Program PDF 
srbc.net
Frequently Asked Questions
Factsheet on Grandfathered Water Uses Registration Program
Brickhouse Environmental Professional Affiliations