The Pennsylvania Department of Environmental Protection is in the process of revising its Technical Guidance Manual to assist property developers and remediators in satisfying the requirements of the Land Recycling and Environmental Remediations Standards Act, also known as Act 2 of 1995. This Manual comes on the heels of revised Chapter 250 regulations, which became effective November 24, 2001. The Manual is posted on DEP's website (www.dep.state.pa.us) in draft form, and DEP expects that the final version of the Manual will be released during the Spring of 2002. The Manual will provide suggestions and examples of how to best approach site characterization and remediation.

The Manual provides expanded opportunities to voluntarily manage waste on properties as part of Act 2 remediations, provides a new procedure for demonstrating compliance with surface water quality criteria, provides clarification of the screening limits applied as part of site characterization, provides an expanded discussion to assist in selecting the most appropriate institutional controls to attain or maintain a selected standard, and provides guidance on selection of the appropriate standard if separate phase liquid is detected in characterizing areas of contamination.

In addition to technical guidance, the revised Manual includes a section on DEP's attempts to improve administration of the Land Recycling Program by improving consistency throughout the Commonwealth. DEP's central office and program counsel will be required to approve the initiation of any enforcement or remediation agreements including consent order and agreements, buyer/seller agreements and special industrial area agreements. Regional and central office counsel will sign each agreement. Additionally, both regional and central offices must approve the use of deed restrictions as part of any Act 2 remedy, and DEP's central office will be consulted concerning any reports, disapprovals or withdrawal requests.

A Dispute Resolution Team has also been formed for those who feel that regional decisions on their site are not consistent with program rules and policies. This three member team of DEP personnel will meet on an as needed basis to review issues raised regarding program consistency and implementation, and is designed to minimize project delays and enhance the resolution of complex technical, legal and policy issues.

The revised Manual also proposes that the program will provide greater focus for outreach to consultants who have had past problems in submitting reports consistent with program rules and guidance, as well as offering optional technical assistance for site characterization and clean up plan development through the establishment of Brownfield Action Teams. These teams, which will include a mix of field office and central office staff, will provide consistent and time critical decisions and advice on projects where such help is warranted.

In addition to the revised Manual, DEP has posted on its website a "frequently asked questions" section and a process whereby persons can submit questions via the internet. Such mechanism will provide guidance and interpretation of the regulations that may not be directly addressed in the Manual or the regulations.

The Environmental Group at Rhoads & Sinon has extensive experience with the Land Recycling Program and has been involved with multiple remedial projects that have utilized all aspects of Act 2 and the regulations and guidelines established to implement the Act. We have worked with DEP on behalf of both municipal and private sector clients to successfully obtain Act 2 approval and closure for numerous sites, from simple remediation projects to complex projects involving significant contamination of all media. If you have an Act 2 project, or need assistance in determining whether the Land Recycling Program is right for your project, contact Paul J. Bruder Jr. Esq. at 717-231-6606.