PA Act 2 Program Could See Several Changes in 2008

January 16, 2008
by RODD BENDER
Client Alert Newsletter Forecast 2008

Key areas of focus include (1) evaluating performance of the current vapor intrusion guidance and considering changes based on developments at federal and state levels; (2) updating the medium-specific concentration ("MSC") regulatory tables under the statewide health standard for many compounds, driven in part by evaluating the inhalation pathway for a broader universe of organic compounds considered "volatile;" (3) moving toward a case-specific determination of tools to be used for removal of separate phase liquids, as opposed to the current "maximum extent practicable" standard; and (4) developing guidance on addressing diffuse discharges of contaminated groundwater into special protection surface waters. With the broad range of issues on the table, along with the possibility of drafting UECA implementing regulations, it remains to be seen when and in what form PADEP may seek to move these initiatives forward. Stakeholders of the Act 2 program should follow these developments closely in 2008.