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    In 2004, the Pennsylvania Department of Environmental Protection (DEP) and U.S. Environmental Protection Agency’s (EPA) Region 3 established a Memorandum of Agreement (MOA) designed to streamline the remediation process for sites under Pennsylvania’s Land Recycling Program and certain Federal cleanup programs. This agreement aimed to ensure that sites meeting state requirements could also fulfill the criteria set by the Resource Conservation and Recovery Act’s Corrective Action, the Comprehensive Environmental Response Compensation Liability Act (CERCLA or Superfund), and the Toxic Substances Control Act (TSCA) Programs, when approved by the EPA. The initiative sought to provide clear guidance to remediators, enabling them to concurrently achieve State and Federal objectives, to reduce duplication of efforts and promote the reuse of Brownfield properties in PA.

    With over two decades of practical application, the agencies have gained valuable insight into ways of achieving program goals more efficiently and effectively. This has been realized through the collaborative efforts of joint teams from both programs. Recognizing the challenges that come with meeting the requirements of two different cleanup programs, the MOA is currently under revision to enhance its implementation. Meanwhile, the agencies are committed to upholding the MOA's objectives through the following guiding principles:

    • Collaborative Efforts: Work in joint teams to leverage combined expertise.
    • Communication: Establish regular dialogue between DEP and EPA to ensure alignment and progress.
    • Early Identification: Recognize program differences at the onset to address them proactively.
    • Efficiency: Minimize duplication of efforts to save time and cost.
    • Continuous Coordination: Maintain ongoing collaboration to ensure seamless implementation.
    • Education and Awareness: Educate each other and the public about program distinctions to foster understanding.
    • Site Reuse: Encourage the redevelopment and reuse of sites for community benefit.

    These principles reflect a positive commitment to enhancing environmental remediation processes, promoting sustainable site reuse, and fostering a cooperative relationship between state and federal entities.  While the MOA and associated guidance is being revised, remediators can use the information provided below for guidance on the purpose and current application of the One Cleanup Program.

    IMPORTANT NOTE: This model environmental covenant does not include EPA’s signature, but it does include provisions for EPA reporting requirements, enforcement rights, document sharing, and site access.  One Cleanup Program sites may have restrictions required by both EPA and DEP.  However, some One Cleanup Program sites may require a separate environmental covenant for EPA’s signature to address any activity and use limitations needed beyond what is required by Act 2.