On September 23, 2021, the Pennsylvania Independent Regulatory Review Commission (IRRC) approved a final form rulemaking that revises the Pennsylvania Department of Environmental Protection’s (PADEP) regulations that implement that Land Recycling and Environmental Remediation Standards Act (Act 2).

As we discussed in a previous post, this regulatory revision includes the following new groundwater and soil medium-specific concentrations (MSCs) for three per- and polyfluoroalkyl substances (PFAS) – Perfluorooctanoic Acid (PFOA), Perfluorooctane Sulfonate (PFOS), and Perfluorobutane Sulfonate (PFBS):

Substance Soil Groundwater
PFOA 4.4 mg/kg (residential)

64 mg/kg (non-residential)

0.07 ug/L
PFOS 4.4 mg/kg (residential)

64 mg/kg (non-residential)

0.07 ug/L
PFBS 66 mg/kg (residential)

960 mg/kg (non-residential)

10 ug/L (residential)

29 ug/L (non-residential)

Following IRRC approval, the revisions to Act 2 regulations will be reviewed by the Office of Attorney General (OAG) and then, if approved by OAG, will be submitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.  The new Act 2 regulations will become effective upon publication.