2021 Hazardous Sites Cleanup Fund Annual Report

The mission of the Pennsylvania Department of Environmental Protection (DEP) is to protect Pennsylvania’s air, land and water from pollution and to provide for the health and safety of its citizens through a cleaner environment. We will work as partners with individuals, organizations, governments and businesses to prevent pollution and restore our natural resources. This annual report summarizes the core functions that are made possible by the Hazardous Sites Cleanup Fund (HSCF). For more information, please visit the  DEP Hazardous Sites Cleanup Program website .

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The HSCF, a special fund established under Section 901 of the Hazardous Sites Cleanup Act (HSCA) (35 P.S. §6020.901), provides the funding for DEP to carry out a number of activities to address releases and threatened releases of hazardous substances to the environment. These activities include: investigation, cleanup and monitoring at contaminated sites, implementation of Pennsylvania’s Land Recycling Program, and participation in the federal Resource Conservation and Recovery Act of 1976 (RCRA) Hazardous Waste Program and in the federal Superfund Program (coordinated with the U.S. Environmental Protection Agency [EPA]).

HSCA also provides DEP with enforcement authority to compel parties who are responsible for releases of hazardous substances to conduct cleanup actions or enter into settlement agreements to facilitate response activities.

HSCF provides funding for the Bureau of Environmental Cleanup and Brownfields, which develops and manages the commonwealth's Site Remediation, Land Recycling (Brownfields) and Storage Tanks Programs.

The Site Remediation Division manages DEP’s response program for releases of hazardous substances and other contaminants through the state Hazardous Sites Cleanup Act and federal Superfund Act; and the corrective action program for releases of petroleum products and hazardous substances from storage tanks under Pennsylvania's Storage Tank and Spill Prevention Act.

The Land Recycling Program (Brownfields) develops and implements Pennsylvania’s Land Recycling and Environmental Remediation Standards Act (Act 2) regulations, remediation standards and technical guidance; promotes redevelopment of Brownfields; and provides technical expertise in the areas of risk assessment, statistical analysis, vapor intrusion, biofuels, separate phase liquids and groundwater modeling. This program encourages the voluntary cleanup and reuse of contaminated commercial and industrial sites. For more information please visit DEP’s  Land Recycling Program webpage .

The Storage Tanks Division regulates aboveground and underground storage tanks under Pennsylvania's Storage Tank and Spill Prevention Act, including registration; invoicing and fee collection; and certification of third-party inspectors and tank handlers.

Hazardous Sites Cleanup Activities

HSCA provides DEP with a means of addressing releases of hazardous substances (generally speaking, toxic chemicals) and other contamination that poses a threat to human health and the environment.

DEP coordinates actions under HSCA with other Pennsylvania and federal statutes that also address hazardous substances and contaminants, including, but not limited to, the Pennsylvania Land Recycling and Environmental Remediation Standards Act, Act 2 of 1995 (Land Recycling Act); the Pennsylvania Solid Waste Management Act, Act 97 of 1980; the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 (federal Superfund law); and the federal Resource Conservation and Recovery Act of 1976 (RCRA).

DEP can use more than one tool to address a particular site, including DEP-funded or enforcement actions against Responsible Parties (RP), voluntary cleanups, and federal funding as needed to control or cleanup site contamination and foster redevelopment. Exploring opportunities to coordinate HSCA-funded actions with private and/or federally funded actions allows DEP to achieve cleanups in an efficient and cost-effective manner.

DEP-Funded Investigations, Cleanups, and Monitoring

HSCA provides DEP the authority to fund investigations, cleanups, and monitoring activities at abandoned industrial facilities and contaminated sites, especially where the RP is unknown, unwilling, or financially unable to conduct the work. In these circumstances, DEP deploys state-procured contractors to respond to the site contamination. HSCA allows DEP to seek recovery of the costs it expends from the RPs for the contamination.

During the last fiscal year (FY), DEP performed investigations of groundwater and soil contamination, replaced contaminated water supplies, removed and disposed of toxic wastes, implemented groundwater treatment actions, and conducted other response actions. DEP has addressed threats posed by toxic chlorinated solvents, toxic heavy metals, flammable materials, corrosive substances and radiological materials.

Former Erie Rail Yard

The Former Erie Rail Yard Site (Site) in Susquehanna Depot Borough, Susquehanna County, was the location of an historic rail yard, which has been converted in part to a community park. Due to rail activities and other events at the Site, the soil was contaminated predominantly with heavy metals, specifically antimony, arsenic, and lead. The Site was selected as a pilot project for the Brownfields to Playfields initiative, and involved coordination among the Department of Environmental Protection (DEP), Department of Conservation and Natural Resources (DCNR), Department of Community and Economic Development (DCED), and the Borough of Susquehanna Depot (Borough). Remediation activities began in 2017 and final activities were completed at the Site in 2020. Approximately fourteen (14) acres of the Site were turned into a community park through select clearing of trees and brush, regrading, and placement of a surface barrier (cap). Environmental covenants (ECs) were also placed on fourteen (14) parcels within the Site to limit groundwater use, earthmoving activities, and interactions with capped areas. 

 Success Story: Former Erie Railyard 

DEP has developed voluntary Multi-Site Remediation Agreements (MSA) for RPs that have environmental liability at numerous contaminated sites within Pennsylvania. DEP is currently overseeing work performed under MSAs with owners of former manufactured gas plants, pipeline transmission companies, and the Pennsylvania Turnpike Commission. MSAs seek to provide consistency, efficiency, flexibility, and a cooperative atmosphere to address site cleanups. 

 Former Manufactured Gas Plants Multi-Site Agreements 

HSCA funds water supply replacement activities at various sites to protect the public health from contamination resulting from hazardous substance releases. In many cases, DEP immediately provides temporary potable water supply replacements of private wells (e.g., delivery of bottled water) that are found to be contaminated and then often follows up with permanent replacements (e.g., connecting home to a public water supply) once the contamination has been fully investigated and a comprehensive response plan has been developed.

During FY 2020-21, DEP initiated a water supply response at the Frackville Site located in Frackville Borough, and Butler, West Mahanoy, and Ryan Townships, Schuylkill County and at the Keim St. DCE (1,1-dichloroethylene) site in Lower Pottsgrove Township, Montgomery County. DEP is continuing the water supply response at the Intercourse TCE (trichloroethylene) Site in Leacock Township, Lancaster County, and at the Ridge Run PFAS (Per- and Polyfluoroalkyl Substances) Site in East and West Rockhill Township, Bucks County.

During FY 2020-21, DEP continued temporary response actions, including supplying bottled water and maintaining whole house carbon treatment filtration systems at 15 sites. The total contract cost in FY 2020-21 for temporary water supply maintenance at these sites is estimated to be $159,000.

Section 902 of HSCA, 35 P.S. § 6020.902, authorizes the Department of Environmental Protection (DEP) to expend money in the fund for emergency responses, including response to spills and other uncontrolled releases and their cleanup. During FY 2020-21, no emergency response actions were initiated.

“Contaminants of emerging concern (CECs)” include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), which are part of a larger group of per- and polyfluoroalkyl substances referred to as PFAS. PFAS are not found naturally in the environment and the risks they pose to human health have not been fully determined. While health impacts continue to undergo research studies, earlier research has concluded that there is a probable link between PFAS and adverse health effects in laboratory animals and humans. PFOA and PFOS have been used in the manufacturing of cookware, carpets, clothing, fabrics for furniture, paper packaging for food, and other materials that are resistant to water, grease, or stains. They are also used in firefighting foams and in a number of industrial processes.

In April 2019, DEP’s Safe Drinking Water Program publicly released a plan which prioritizes the statewide sampling of permitted public water suppliers for PFAS analysis. In 2020 and 2021 sampling results were released.

DEP is actively investigating and addressing PFAS contamination in public and private water supply wells at the Ridge Run and Easton Road PFAS Sites in Bucks County, the Newberry Township PFC Site in York County, and the Frackville Area Site in Schuylkill County.

For more information on PFAS, including what they are, impacts, advisories, DEP involvement, Sites under investigation, and Site-specific contamination, please visit  PFAS in Pennsylvania .

Section 510 of HSCA, 35 P.S. § 6020.510, authorizes DEP to issue Host Municipality Technical Evaluation Grants. These grants are available to the governing body of a host municipality for conducting an independent technical evaluation of a proposed remedial response at a HSCA site located in its jurisdiction.

In FY 2018-19, DEP approved one technical evaluation grant to East Whiteland Township for review of DEP’s proposed remedial response plan for the Bishop Tube Site. No grant funds have been expended; however, it is anticipated that the funds will be utilized in the FY2021-22 fiscal year. For more information, please visit the link below.

 HSCA Host Municipality Technical Evaluation Grants 

Voluntary Cleanup Program and Promotion of Brownfield Redevelopment

A principal goal of the Land Recycling Act is to eliminate hazards to public health and the environment, and to promote the redevelopment of contaminated sites within Pennsylvania. The Land Recycling Act has three primary purposes: to provide for the remediation of contaminated sites utilizing risk-based cleanup standards, to return abandoned sites to productive use, and to preserve farmland and greenspace.

The four cornerstones of the Land Recycling Program are: 1) uniform cleanup standards based on health and environmental risks; 2) standardized review procedures; 3) relief from liability; and 4) financial assistance.

The establishment of uniform cleanup standards enables a person to clearly understand the extent and cost of site cleanup. Consistent reporting requirements and standardized review procedures provide a predictable time frame for remediation. Relief from liability, which extends to future owners, addresses liability concerns that can impede site redevelopment and sale. Financial assistance, available to those who did not cause or contribute to contamination at the site, can reduce the cost of site assessment and remediation.

The  Uniform Environmental Covenants Act (UECA)  requires the use of environmental covenants (ECs) whenever an engineering or institutional control is used to demonstrate attainment of an Act 2 remediation standard for any cleanup conducted under an applicable Pennsylvania environmental law. DEP is obligated under UECA to maintain a registry for the public display of covenants received. Therefore, DEP has developed the Pennsylvania Activity and Use Limitation (PA AUL) Registry. For more information, please visit the  PA AUL Registry . 

The HSCF provides financial assistance for brownfields redevelopment through transfers authorized under the Land Recycling Act and the Industrial Sites Environmental Assessment Act, Act 4 of 1995, 35 P.S. §§ 6028.1-6028.5.

DEP approved 314 successful Act 2 Cleanups submitted for actions during FY 2020-21. Over the 25-year history of the Land Recycling Program, DEP has approved over 7,609 actions.

HSCA authorizes the commonwealth to fully participate in the federal Superfund Program, implemented by the U.S. Environmental Protection Agency (EPA) under the federal Superfund law. The federal Superfund Program allows EPA to either require a responsible party to clean up the site or fund the cleanup itself. If EPA funds the remedial action, federal law requires states to pay 10 percent of the cost of a remedial action and to operate and maintain the remedial action on a permanent basis or until the cleanup standard is achieved. If a responsible party addresses the site, DEP is provided the opportunity to review and comment on investigations and cleanup plans, and to recover its costs.  Learn more about the federal Superfund Program on epa.gov . 

As of July 1, 2021, Pennsylvania has 91 sites on EPA’s National Priorities List (NPL). The NPL is a list of sites of national priority with known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the U.S. and its territories. EPA is currently proposing to list two additional sites. Pennsylvania has the third-largest number of NPL sites in the country, behind New Jersey with 114 sites and California with 97. Due to Pennsylvania’s active participation in the Superfund Program, EPA, in cooperation with the state, has remediated and removed 34 sites from the NPL.

DEP receives federal grant funding from EPA to manage the hazardous waste regulatory program under the federal RCRA statute. RCRA establishes the “cradle-to-grave” management of hazardous waste through the permitting, inspection and enforcement of regulated storage, treatment, and disposal facilities. Releases of hazardous waste at regulated facilities are addressed under the RCRA corrective action program in accordance with EPA directives and cleanup goals. Pennsylvania has 356 sites subject to RCRA corrective action.

The EPA grant requires the commonwealth to pay 25 percent of the cost of DEP’s hazardous waste program personnel and operating expenses. The HSCF is used to pay that 25 percent match.

The information below identifies the number of sites reaching each goal established by EPA. Further details on the individual sites are available from the EPA website,  Measuring Progress at RCRA Corrective Action Facilities .

339 Human Exposure Controlled

Under RCRA, Human Exposure Controlled, or Human Exposures EI (Environmental Indicator) ensures that people near a particular facility are not exposed to unacceptable levels of contaminants.

332 Groundwater Migration Controlled

Under RCRA, Groundwater Migration Controlled or Groundwater EI (environmental Indicator) ensures that contaminated groundwater does not spread and further contaminate groundwater resources.

270 Remedy Selection

269 Construction Complete

216 Final Cleanup Achieved 

In 2004, DEP and EPA signed a “One Cleanup Program” Memorandum of Agreement (“MOA”), which establishes a framework for coordinating voluntary cleanups under the Land Recycling Act and federal statutes, including RCRA. This agreement is designed to promote the cleanup and redevelopment of sites being remediated concurrently as a RCRA corrective action and under the Land Recycling Act by encouraging cooperation between EPA and DEP, with the goal of addressing both federal and state liability for cleanup at the same time.

In addition to funding the DEP hazardous waste regulatory program, HSCA provides for financial assistance to municipalities that host commercial hazardous waste disposal facilities and that incur costs related to reviewing related permit applications or siting of such facilities. The HSCF also provides funds for pollution prevention financial assistance and household hazardous waste collection and disposal under the Small Business and Household Pollution Prevention Program, established by Act 190 of 1996.

 206 employees

Central Office – Bureau of Environmental Cleanup and Brownfields - Harrisburg

Southeast Regional Office – Norristown

Northeast Regional Office – Wilkes-Barre

Southcentral Regional Office – Harrisburg

Northcentral Regional Office – Williamsport

Southwest Regional Office – Pittsburgh

Northwest Regional Office – Meadville 

As of July 1, 2021, there are 234 total full-time equivalent positions on the HSCF complement that may be filled, 206 are currently filled and 28 are vacant. These positions include licensed professionals, scientific, administrative and legal job titles within the DEP organizational areas shown below. 

 Financial Statements  

 HSCA Project Activities and Expenditures 

 State Expenditures Under the Federal Superfund Program 

 Cost Recovery 

 87

 46

 8

 112

The link below contains a list of the violations DEP cited under HSCA during FY 2020-21. The list also includes civil penalties assessed during FY 2020-21 for any violations cited under HSCA. DEP collected no penalties in civil penalties in FY 2020-21.

 Violations Cited and Penalties 

NOTE: Unless otherwise specified, all information is reported for DEP's Fiscal year 2020/21.

 HSCA Key Abbreviations 

Please visit other DEP HSCA related websites.

·         DEP Home 

·         Site Remediation 

·         Hazardous Sites Cleanup Program 

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