THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HANNA, GEORGE, THOMAS, BROWNLEE, CALTAGIRONE, CARROLL, COHEN, CURRY, DALEY, FABRIZIO, HALUSKA, HORNAMAN, JOSEPHS, MAHONEY, McGEEHAN, MIRABITO, MUNDY, PASHINSKI, PRESTON, SANTARSIERO, STABACK, STURLA AND YOUNGBLOOD, MARCH 26, 2012

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 26, 2012  

AN ACT

Amending the act of May 19, 1995 (P.L.4, No.2), entitled "An act

providing for the recycling of existing industrial and

commercial sites; further defining the cleanup liability of

new industries and tenants; establishing a framework for

setting environmental remediation standards; establishing the

Voluntary Cleanup Loan Fund, the Industrial Land Recycling

Fund and the Industrial Sites Cleanup Fund to aid industrial

site cleanups; assigning powers and duties to the

Environmental Quality Board and the Department of

Environmental Resources; and making repeals," further

providing for powers and duties and for remediation

standards.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 104 and 301 of the act of May 19, 1995

(P.L.4, No.2), known as the Land Recycling and Environmental

Remediation Standards Act, are amended by adding subsections to

read:

Section 104.  Powers and duties.

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(a.1)  Regulations.--The Environmental Quality Board shall

adopt regulations to address chemicals commonly found in

hydraulic fracturing fluids and other chemicals associated with

oil or natural gas extraction activities that are not addressed

in 25 Pa. Code Ch. 250 (relating to administration of Land

Recycling Program). The chemicals may include major cations and

anions, arsenic, benzene, toluene, ethylbenzene, xylenes,

manganese, dissolved methane, total dissolved solids, chlorides,

nutrients and radionuclides. A regulation needed to implement

this subsection must be proposed no later than 12 months after

the effective date of this subsection and must be finalized no

later than 24 months after the effective date of this subsection

unless otherwise specified in this subsection.

* * *

Section 301.  Remediation standards.

* * *

(a.1)  Requirement.--When contamination occurs on a

residential property by an entity other than the property owner,

the site must be returned to the background standard unless

written consent is granted by the property owner to allow for

Statewide health standards or site-specific standards to be

implemented.

* * *

Section 2.  This act shall take effect in 60 days.