Subchapter E. SIA STANDARDS
250.502. Eligibility determinations.
250.503. Remediation requirements.
§ 250.501. Scope.
(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.
§ 250.502. Eligibility determinations.
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.
§ 250.503. Remediation requirements.
(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.
(d) The results of the baseline remedial investigation shall be included in a baseline environmental report. At a minimum, the baseline environmental report shall include the following:
(1) A description of the location and boundaries of the SIA.
(2) Identification of all areas of contamination.
(3) A description of the intended reuse of the property and exposure patterns.
(4) A remediation plan for the property that addresses all immediate, direct or imminent threats to public health and the environment which would prevent the property from being occupied for its intended purpose and delineates methods of compliance monitoring. At a minimum, immediate, direct or imminent threats will entail:
(i) Containerized wastes not intended in the property reuse, such as wastes in drums, above or below ground tanks and small containers.
(ii) Wastes not contained which present a direct threat to workers or other users or occupants of the property.
(iii) Contaminated soil presenting a direct threat to workers or other users or occupants of the property. The depth of consideration shall be the first 2 feet from the ground surface, unless reuse of the property presents exposure threats from depths greater than 2 feet.
(iv) Contaminated groundwater, if groundwater use will expose persons on the property to contaminants.
(v) Contaminated surface water and sediments, if use will expose persons on the property to contaminants.
(5) A remediation plan to prevent access to portions of the property containing contaminated media that is not being required to be remediated and that poses unacceptable health risks to trespassers or workers on the site.
(6) A description of the existing or potential public benefits of the reuse of the property, such as employment, housing, open space or recreation.
(7) The comments obtained as a result of a public involvement plan and the responses to these public comments.
(e) A person that changes the use of the property from nonresidential to residential, or changes the use of the property to create substantial changes in exposure conditions to contamination that existed prior to the persons reuse shall notify the Department of the changes and may be required to amend the baseline environmental report and implement a remediation plan to address any new imminent, direct or immediate threats to human health and the environment resulting from the changes.
(f) The baseline environmental report shall include and address any municipal and public comments and the response to those comments as developed by the public involvement plan.
(g) The baseline environmental report shall be submitted to the Department after the date of approval of the baseline remedial investigation work plan, and the public participation period.
The provisions of this § 250.503 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).
The provisions of this § 250.503 amended November 19, 2021, effective November 20, 2021, 51 Pa.B. 7173. Immediately preceding text appears at serial pages (355305) to (355306).
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