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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

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

Contaminants Challenge our Drinking Water

Water is one of our most basic needs. Contaminants challenge our drinking water and something needs to be done about it.  Our existing water and wastewater infrastructure have done wonders in preventing outbreaks of water borne disease, but we continue to face challenges in ensuring the water we drink is safe for consumption. One of the major challenges currently being faced is “emerging contaminants” in our public water supplies. The uncertainty around what is and is not safe for consumption, water testing methodologies, and the absence of existing infrastructure to treat these contaminants is challenging local governments, water suppliers, and affected communities.

In prior news alerts, we have discussed the basics around one of the most headlining groups of emerging contaminants, Per- and Polyfluoroalkyl Substances (PFAS). water-resource-management PFOA and PFOS, the most common PFAS, have likely been present in public water supplies for many years, but they went undetected because PFAS were not on the lists of compounds to be tested for.  Once the problem was identified, more and more public water systems were found to be impacted and had to be shut down until they found alternative water supplies.

The US Environmental Protection Agency (EPA) moved quickly to establish a Health Advisory Limit of 70 parts per trillion (ppt).  While drinking water standards have historically been defined by the EPA and then later adopted by the states, many state regulators are not satisfied, and they have moved to take their own aggressive and unprecedented actions.  As examples, the NJDEP has already proposed the lowest standards in the country at 14 ppt for PFOA and 13 ppt for PFOS.  And Pennsylvania has established a task force which is tasked to develop standards of their own for PA. 

Pennsylvania has also proposed steps toward a solution in treating impacted water supplies through Governor Wolf’s “Restore Pennsylvania” plan. https://www.governor.pa.gov/restore-pennsylvania/ This plan is designed to address critical infrastructure needs across the state. Among other things, the plan will provide grants for installation of treatment systems for PFAS in drinking water for both public and private supplies. 

The proposed funding could help provide relief for impacted water supplies in areas where a source of the PFAS cannot be determined.  And enforcement is also being stepped-up to identify potentially responsible parties in places where the source can be identified.  So, is history preparing to repeat itself with regulatory liability allocations and natural resource damage assessments not seen since the heyday of environmental regulation development?  Time will tell.  In the meantime, Brickhouse scientists and engineers maintain the regulatory and technical edge to identify possible issues during due diligence and provide technical guidance for properties affected by these and other emerging contaminants.

Brickhouse Environmental Professional Affiliations