Partnering with the Pennsylvania DEP

Following four-plus years of partnering with the Pennsylvania Department of Environmental Protection (DEP) to investigate the occurrence of PFAS in the environment near the State College Regional Airport, Penn State has entered into a Consent Order and Agreement with DEP. A Consent Order and Agreement is a legally binding agreement between DEP and another party to address regulatory issues — similar to a settlement agreement. DEP and Penn State have entered into this agreement under the Hazardous Sites Cleanup Act (HSCA), as Penn State has agreed to investigate and remediate releases of PFAS that may be associated with the mandated use of PFAS-containing firefighting foam at the State College Regional Airport. As owner of the airport under the regulations of the Federal Aviation Administration, the University was required to use aqueous film-forming foam (AFFF), for which no substitution was approved by the FAA until 2023. Penn State will pay a portion of the response costs incurred by the DEP ($564,767) throughout its investigation. Penn State has agreed to perform the investigation and remediation in accordance with the Act 2 process (see below).

Act 2 Program

Pennsylvania’s Land Recycling Program (also known as ‘Act 2’) was established by a series of legislative actions and it specifically aims to encourage private sector voluntary clean-up of contaminated commercial and industrial sites. Act 2 is built on the following principles:

– Uniform cleanup standards

– Liability relief

– Standardized reviews

– Time limits and financial assistance

To participate in Act 2, an initial Notice of Intent to Remediate must be submitted to DEP. Subsequently, a remedial investigation work plan is prepared and provided to DEP to outline the proposed field investigation of PFAS in soil, groundwater and surface water at the airport. Several iterations of the remedial investigation may be anticipated, with findings from earlier studies used to design any subsequent phases of the field investigations. After the investigation has determined the type, concentrations and locations of PFAS in the soil, groundwater, and surface water released from the airport — a Remedial Investigation Report and Cleanup Plan is typically submitted to the DEP for review and approval.

Under the terms of the Consent Order and Agreement between DEP and the University, before the agreement is finalized, DEP will provide an opportunity for the public to comment on the terms of the agreement. When final approval is given, the remedial investigation will commence. 

These steps are outlined in the Consent Order and Agreement.