PADEP Revises Petroleum Short List for Act 2 and Tank Cleanups

May 16, 2008
by MICHAEL NINES
Client Alert Newsletter May 2008

Effective March 18, 2008, the Pennsylvania Department of Environmental Protection ("PADEP") has revised the short list of petroleum products used to demonstrate attainment of remediation standards for releases of petroleum products under the Land Recycling (Act 2) and storage tank corrective action programs. Several regulated substances were added to the categories of leaded and unleaded gasoline, kerosene and no. 1 fuel oil, diesel fuel and no. 2 fuel oil, and mineral insulating oil. Substances were also deleted from the kerosene and no. 1 fuel oil, and diesel fuel and no. 2 fuel oil, categories.

For those sites in the storage tank corrective action process or for which a Notice of Intent to Remediate has been filed under Act 2 prior to the effective date of the revised list and for which site characterization is underway, attainment demonstration should be made using the old list of substances. Sites that commenced investigations to characterize or verify releases after the date the new list became effective, whether under the Act 2 regulations or the storage tank corrective action process, must use the new list for characterization and attainment demonstration purposes.