NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[27 Pa.B. 4052]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, July 17, 1997, and took the following actions:

Regulation Approved:

   #1760 Environmental Quality Board #7-300: Administration of the Land Recycling Program (creates 25 Pa. Code Chapter 250)

Commissioners Present:  John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli, Dissenting; John F. Mizner

Public Meeting held
July 17, 1997

Environmental Quality Board--Administration of the Land Recycling Program; Doc. No. 7-300

Order

   On August 2, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Environmental Quality Board (Board). This rulemaking creates 25 Pa. Code Chapter 250 to establish a land recycling program. The authority for this regulation is contained in section 104 of the Land Recycling and Environmental Remediation Standard Act (Act 2) (35 P. S. § 6026.104). The proposed regulation was published in the August 17, 1996 edition of the Pennsylvania Bulletin with a 60-day public comment period. The final-form regulation was submitted to the Commission on June 18, 1997.

   The intent of Act 2 and this regulation is to provide specific environmental standards that must be followed in the remediation of industrial sites and how attainment of these standards will be determined. Act 2 and the regulation also provide special incentives to encourage the clean-up and reuse of sites located in an enterprise zone. These would apply only to the portions of the property that prevent the property from being occupied for its intended purposes. When a person demonstrates attainment with the standards in the regulation, they receive liability protection from further clean-up obligations.

   The Scientific Advisory Board unanimously endorsed the final-form regulation.

   The Pennsylvania Waste Industries Association (PWIA) filed comments opposing the solid waste facility requirements in the final-form regulation. CB Commercial/Arnheim & Neely, City of Farrell, Rubinoff Company, Pepper, Hamilton and Scheetz, McGrady Corporation, and Penn Northwest Development Corporation also filed comments expressing concerns on the final-form regulation. The Pennsylvania Electric Association submitted a letter endorsing the regulation, but also expressed concerns with several provisions.

   The Department of Environmental Protection (Department) responded to the PWIA's concern that Act 2 and the Solid Waste Management Act (SWMA) are interpreted to work in harmony. The Department indicated that Act 2 did not change the performance and design standards promulgated under the SWMA. Therefore, the Department concluded that the SWMA is controlling for currently operating solid waste facilities.

   We have reviewed this regulation and find it to be in the public interest. The regulation will establish a consistent set of remediation standards for the clean-up of contaminated sites in this Commonwealth. In doing so, there will be more incentives to use old industrial sites and reduce the need to develop greenfield sites.

Therefore, It Is Ordered That:

   1.  Regulation No. 7-300 from the Environmental Quality Board, as submitted to the Commission on June 18, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 97-1271. Filed for public inspection August 8, 1997, 9:00 a.m.]

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