A change to Pennsylvania's program guidance for the Land Recycling Program (a/k/a "Act 2") will occur in early 2017 when the new Vapor Intrusion Guidance document becomes operable on January 18. The new document provides a vast amount of additional detail and flexibility, as compared to the current vapor intrusion guidance document, on the collection and evaluation of environmental samples containing volatile organic compounds ("VOCs"). Environmental samples will be able to be screened and evaluated using simple look up tables or by conducting a more site-specific evaluation. A much more detailed evaluation of potential preferential pathways for vapor intrusion is also required by the new guidance.
In addition, the Pennsylvania Department of Environmental Protection ("PADEP") is working on a complete update and revision to other sections of the Act 2 Technical Guidance Manual. A revised document is expected to be available later in 2017. One area that is receiving significant focus relates to assessing the presence and potential for recovery of petroleum product releases. PADEP's new guidance on this issue is expected to reflect recent national trends, which provide for a critical evaluation of petroleum mobility and the practicality of performing actions to recover petroleum product. The new document is also expected to address the current disconnect in PADEP's guidance related to the requirement to recover petroleum contamination whose source was a regulated storage tank "to the maximum extent practicable," while product whose source is not a regulated tank may be managed in-place.