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 website.

The proposed rule is designed to incorporate changes to Brownfield Cleanup Program (BCP) by the 2015 and 2022 BCP Amendments, authorizes the agency to make “cash-out” settlements under the  Inactive Hazardous Waste Disposal Site Remedial Program (also known as State Superfund Program, SSF), includes minor clarifications to the  Environmental Restoration Program (ERP)  and updates the soil cleanup objectives (SCOs).

NYSDEC will hold a virtual public hearing  at 1:00 p.m. and 5:30 p.m. on May 15, 2024. Details will be posted on the NYSDEC website.  Comments to the propsoed rulemaking must be submitted to NYSDEC by  8 pm on May 21, 2024. Comments may be submitted  during the hearing or by email to [email protected]. Alternatively, comments can also be mailed to NYS DEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233, Attn: Jenn Dawson.

More details will follow.

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