NYSDOH Revises Vapor Intrusion Guidance to Add Volatile Petroleum Compounds

In February 2024, the New York State Department of Health (NYSDOH) updated the decision matrices to its “Guidance for Evaluating Soil Vapor Intrusion in the State of New York” (” VI Guidance) to  include 13 volatile petroleum  compounds .  Previously, the NYSDOH decision matrices only assessed potential human health risks for contaminated vapors associated with […]

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NYSDEC Publishes Notice of Draft Revisions to Part 375 Regulations in State Register

The New York State Department of Environmental Conservation (“NYSDEC”)  presented a Valentine’s Day gift to brownfield developers and responsible parties when the New York State Register Published notice of the long awaited overhaul of the NYSDEC Part 375 regulations which  govern the agency’s remedial programs. The actual regulatory language will be availabe on the NYSDEC

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Governor Hochul Signs Bill Amending the Property Condition Disclosure Act

On September 22, 2023, Governor Hochul signed into law a bill that significantly amended the state Property Condition Disclosure Act (PCDA).  The changes become effective on March 20, 2024.  A The PCDA amends the traditional rule of caveat emptor which provides that a seller as no duty to disclose any information about a residential or

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NYSDEC Proposes to Require Financial Assurance for Certain State Superfund and Brownfield Sites

The New York State Department of Environmental Conservation (NYSDEC) has released for public comment a draft guidance that would for the first time establish Financial Assurance (FA) for certain state Superfund and Brownfield programs  sites with remedies that require Operation, Maintenance and Monitoring (OM&M). The proposed DER #41 Proposed Guidance would apply to superfund and brownfield

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EPA To Publish AAI Update Withdrawing Reference to ASTM E1527-13

EPA will publish a final rule in the federal register on December 15th amending its All Appropriate Inquiries (AAI) Rule by recognizing ASTM E1527-21 as a method for complying with AAI and withdrawing the reference to ASTM E1527-13. The rule will become effective 60 days from the date of publication in the federal register. The

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OER Proposes New Enforcement Rules for Voluntary Cleanup and “E” Designation Programs

Apparently enough property owners are failing to comply with their reporting and inspection obligations for certifying that institutional and engineering controls remain protective of human health and the environment that the Mayor’s Office of Environmental Remediation (OER) feels it is necessary to enhance its enforcement authorities. Under recently a proposed rule,   OER would be expressly authorized

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EPA Withdraws Final Rule That Would Have Recognized ASTM E1527-21 While Continuing To Recognize ASTM E1527-13

As we  predicted,  EPA received numerous negative comments to its Direct Final Rule that would have recognized that the new ASTM E1527-21 phase 1 standard may be used to comply with the All Appropriate Inquires (AAI) rule for asserting certain landowner liability defenses and qualify for brownfield grants. All of the comments criticized EPA’s plan to

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NYSDEC Unveils Revised BCP Application As Application Fee Becomes Effective

The New York State Department of Environmental Conservation (NYSDEC) revealed its revised Brownfield Cleanup Program (BCP) application which reflects changes made the recent Budget agreement.  We previously discussed the revisions to the BCP here. The revised application which took effect on April 25th is available here . The revised form require applicants to provide new and

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NY Budget Deal Extends BCP But Sloppy Language May Hamper Use of BCP for Affordable Housing Projects

The New York State budget process is notorious for its murky and secretive process. Under the State Constitution, the Governor proposes a budget in mid-January that contains substantive policy legislation and can unilaterally amend the proposal within 30 days. After the 30-day period expires, amendments can only be made with consultation of the Senate and

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My Article on Why Joint Liability Should No Longer Be the Default Standard Under CERCLA

When Congress enacted the federal Superfund law in 1980, it provided that liability should be governed by evolving notions of common law. The Second Restatement of Torts was in effect at the time the law was passed and favored imposition of joint liability when two or more parties created a common harm. However, there has

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