The Department of Environmental Protection published notice in the January 16 PA Bulletin announcing the availability of the final technical guidance on the Management of Fill (DEP ID: 258-2182-773).

The Management of Fill Policy defines the universe of materials that qualify as ''fill'' and provides the Department's procedures for determining whether fill is ''clean fill,'' as defined in the municipal and residual waste regulations.

This technical guidance is a critical element in the cleanup and redevelopment of brownfield sites in Pennsylvania under DEP’s Land Recycling Program.

A person is not required to obtain a permit under the state Solid Waste Management Act if the person can demonstrate that the material qualifies as clean fill in accordance with the municipal and residual waste regulations.

The Department has made minor wording changes to the Management of Fill Policy relating to the procedures for using fill that contains a concentration of total Polychlorinated biphenyls (PCB) greater than 2 parts per million (ppm) that may be subject to regulation under the federal Toxic Substances Control Act.

The revised policy recommends that users of fill containing a concentration of total PCBs greater than 2 ppm contact the EPA's Region 3 office to determine whether fill can be used and obtain information relating to applicable procedures for collecting and analyzing samples.

Click Here for a copy of the final technical guidance.  Click Here for a copy of the Comment/ Response Document.

Questions should be directed to Ali Tarquino Morris by sending an email to: ra-epbenuseall@pa.gov  or calling 717-787-7381. Use ''Management of Fill Policy'' as the subject line in written communication.

For more information on environmental programs in Pennsylvania, visit DEP’s website, Click Here to sign up for DEP’s newsletter, sign up for DEP Connects events, sign up for DEP’s eNotice, visit DEP’s Blog,  Like DEP on Facebook, Follow DEP on Twitter and visit DEP’s YouTube Channel.

[Posted: January 15, 2021]

1/18/2021