From the latest diet or exercise fad to New York City’s recent court defeat in its efforts to limit the size of sugary drinks sold in restaurants, the news is full of stories about America’s struggle against ever-increasing waistlines. However, a lesser-known impact of this challenging public health issue has been one of the forces behind recent proposed changes to cleanup standards utilized by real estate developers, business owners and others involved in remediating contaminated property in Pennsylvania.

On May 17, the Pennsylvania Department of Environmental Protection published a proposed rule that would modify the medium-specific concentrations, or MSCs, used to determine the statewide health standard for many regulated substances pursuant to the Land Recycling and Environmental Remediation Standards Act, known as Act 2. The Land Recycling Program regulations, 25 Pa. Code Ch. 250, require the state DEP at least every three years to review new scientific information used to calculate Act 2 MSCs and propose appropriate changes reflecting this information.

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