Pennsylvania HB 574: An Act amending the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act, in preliminary provisions, further providing for definitions and providing for disaster emergency declaration and for testing requirement, duty to report and public access; in powers and duties, further providing for powers and duties of department; and, in liability and settlement procedures, further providing for responsible person.

Bill Text

PRINTER'S NO. 578
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 574
Session of
2025
INTRODUCED BY ISAACSON, FREEMAN, GREEN, HADDOCK, HILL-EVANS,
HOHENSTEIN, HOWARD, MAYES, OTTEN, PIELLI, SANCHEZ, STEELE,
WAXMAN AND CIRESI, FEBRUARY 12, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, FEBRUARY 12, 2025
AN ACT
Amending the act of October 18, 1988 (P.L.756, No.108), entitled
"An act providing for the cleanup of hazardous waste sites;
providing further powers and duties of the Department of
Environmental Resources and the Environmental Quality Board;
providing for response and investigations for liability and
cost recovery; establishing the Hazardous Sites Cleanup Fund;
providing for certain fees and for enforcement, remedies and
penalties; and repealing certain provisions relating to the
rate of the capital stock franchise tax," in preliminary
provisions, further providing for definitions and providing
for disaster emergency declaration and for testing
requirement, duty to report and public access; in powers and
duties, further providing for powers and duties of
department; and, in liability and settlement procedures,
further providing for responsible person.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "hazardous substance" in
section 103 of the act of October 18, 1988 (P.L.756, No.108),
known as the Hazardous Sites Cleanup Act, is amended and the
section is amended by adding definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Hazardous substance."
(1) Any element, compound or material which is:
(i) Designated as a hazardous waste under the act of
July 7, 1980 (P.L.380, No.97), known as the Solid Waste
Management Act, and the regulations promulgated thereto.
(ii) Defined or designated as a hazardous substance
pursuant to the Federal Superfund Act.
(iii) Contaminated with a hazardous substance to the
degree that its release or threatened release poses a
substantial threat to the public health and safety or the
environment as determined by the department.
(iv) Determined to be substantially harmful to
public health and safety or the environment based on a
standardized and uniformly applied department testing
procedure and listed in regulations proposed by the
department and promulgated by the Environmental Quality
Board.
(v) A polyfluoroalkyl or perfluorinated substance,
including, but not limited to, perfluorooctane sulfonate,
perfluorooctanoic acid, perfluorononanoic acid and
perfluorohexane sulfonic acid.
(1.1) A chemical substance not included under paragraph
(1) that:
(i) the department determines to be the equivalent
of a compound under paragraph (1) in accordance with
section 301(16.1); or
(ii) is designated by executive order of the
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Governor as a chemical substance or chemical compound
that poses a threat to public health and safety or the
environment.
(2) The term does not include petroleum or petroleum
products, including crude oil or any fraction thereof, which
are not otherwise specifically listed or designated as a
hazardous substance under paragraph (1); natural gas, natural
gas liquids, liquified natural gas or synthetic gas usable
for fuel or mixtures of natural gas and synthetic gas usable
for fuel; or an element, substance, compound or mixture from
a coal mining operation under the jurisdiction of the
department or from a site eligible for funding under Title IV
of the Surface Mining Control and Reclamation Act of 1977
(Public Law 95-87, 30 U.S.C. § 1201 et seq.). The term shall
also not include the following wastes generated primarily
from the combustion of coal or other fossil fuels for the
production of electricity: slag waste; flue gas emission
control waste; and fly ash waste and bottom ash waste which
is disposed of or beneficially used in accordance with the
Solid Waste Management Act and the regulations promulgated
thereto or which has been disposed of under a valid permit
issued pursuant to any other environmental statute.
* * *
"Public water supplier." The term shall have the meaning
given to "supplier of water" in section 3 of the act of May 1,
1984 (P.L.206, No.43), known as the Pennsylvania Safe Drinking
Water Act.
* * *
"Special drinking water resource-impacted community." A
municipality whose surface or groundwater resources used for
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public drinking water supply purposes have been impaired by
emerging contaminants, methane or other gases or catastrophic
releases of pollutants to the water resources for which
treatment or alternative water supply development