New Pennsylvania PFOS and PFOA cleanup standards reach final major regulatory hurdle


The process to revise regulations in Pennsylvania is often long and involved, and the Pennsylvania Department of Environmental Protection’s (PADEP) revision to its Act 2 Chapter 250 regulations to incorporate cleanup standards for three per- and polyfluoroalkyl substances (PFAS) has proved to be no exception. PADEP first published its regulatory proposal in the Pennsylvania Bulletin on February 15, 2020. Finally, earlier this summer on June 15, 2021, the Pennsylvania Environmental Quality Board (EQB) voted to adopt PADEP’s final regulations. Now, on September 23, 2021, the Pennsylvania Independent Regulatory Review Commission (IRRC) will hold a public meeting for its consideration and vote on the PADEP’s proposed update to its Act 2 regulations.

Should IRRC vote to approve the update to Act 2 regulations, IRRC will issue an order indicating its approval, and PADEP will then submit the regulatory package to the Pennsylvania Office of Attorney General (OAG) for legal review. If approved by OAG, the final approved regulation will be published in the Pennsylvania Bulletin. The regulation becomes effective, and compliance is required with the new regulation, on the date it is published unless another date is specified by PADEP. PADEP indicated in its Regulatory Analysis Form that these Act 2 regulations will become effective upon publication in the Pennsylvania Bulletin.

This regulatory update includes the following new statewide health standards for soil and groundwater medium-specific concentrations (MSC) for PFOS, PFOA, and PFBS

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~sJD Supra, 8 September 2021