Act 2 Changes Anticipated In 2026

PADEP is expected to present final versions of two proposed rulemakings to the Environmental Quality Board (EQB) in March 2026 that, once adopted, will result in extensive changes to the regulations implementing Pennsylvania's Land Recycling Program, more commonly known as the Act 2 program. These rulemakings have already gone through the public comment process, but interested parties will have one final opportunity to submit comments for consideration by the EQB.

The regulatory changes include: (i) the addition of new statewide health cleanup standards (SHSs) in soil and groundwater for certain PFAS substances; (ii) updates to the models, values, and attainment methods for lead-contaminated soils, which will result in more stringent SHSs for lead in soil; (iii) revisions to the methods for deriving toxicity values for carcinogenic polycyclic aromatic hydrocarbon (PAH) compounds; (iv) newer and more stringent toxicity values for other compounds based on EPA guidance; (v) updates to the sources of toxicity information used by PADEP to develop Act 2 cleanup standards; (vi) clarification that drinking water standards become effective as Act 2 cleanup standards upon final publication by the EPA or PADEP; and (vii) revised SHSs for hexavalent chromium in soil.

Additionally, PADEP has been working with EPA to update the 2004 Memorandum of Agreement (MOA) between the two parties that described how the Act 2 remediation process can be used to satisfy certain requirements under the following federal programs: (1) Resource Conservation and Recovery Act (RCRA) Corrective Action; (2) qualifying for the EPA enforcement bar pursuant to Section 128(b) of the Comprehensive Environmental Response Compensation Liability Act (CERCLA); and (3) the investigation and remediation of PCBs pursuant to the Toxic Substances Control Act (TSCA). The update is expected to address a number of inconsistencies between the federal and Act 2 programs, such as: (i) vapor intrusions screening and modeling approaches; (ii) the use of risk-based remediation targets for groundwater; (iii) ecological risk screening approaches; and (iv) timeliness for remediation.

These upcoming regulatory changes have the potential to impact ongoing and future remediation projects in Pennsylvania. In addition, due to the incorporation of the Act 2 SHSs in PADEP's Management of Fill Policy, these changes also have the potential to significantly impact construction projects requiring fill importation or exportation.

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