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New York Brownfield Cleanup Program

2025 Executive Budget Includes Sweeping Amendments to NY State Superfund (“SSF”) Program

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As discussed in more detail on our New York Superfund (“SSF”) Program page, New York adopted the nation’s first superfund program in 1979 (formally known as Inactive Hazardous Waste Disposal Site Law) following discovery of the infamous Love Canal. Because the SSF pre-dates the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”),  the New […]

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NYSDEC Proposes Revisions to Commissioner’s Policy (CP)-51 Soil Cleanup Guidance

Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, oil spills /

The New York State Department of Environmental Conservation (“NYSDEC”) has release proposed revisions to its CP-51 Soil Cleanup Guidance. This polcy which was first issued in 2010  describes  procedures for developing soil cleanup levels for contaminants  not otherwise listed in the seven sets of Soil Cleanup Objective (SCOs) set forth in 6 NYCRR Part 375.

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NYSDOH Revises Vapor Intrusion Guidance to Add Volatile Petroleum Compounds

Brownfields, Disclosure of Environmental Liabilities, Environmental Due Diligence, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, Underground Storage Tanks, vapor intrusion /

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

Brownfields, New York Brownfield Cleanup Program, NY State Superfund /

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

Hazardous Waste, New York Brownfield Cleanup Program, NY State Superfund /

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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NYSDEC Unveils Revised BCP Application As Application Fee Becomes Effective

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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

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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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Governor Hochul Announces Support For BCP Extension and Reform in State of State Report

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Governor Kathy Hochul announced support extending the Brownfield Cleanup Program (BCP) in her State of the State report today. In addition to extending the BCP tax credits which are scheduled to sunset at the end of this year, the Governor’s State of the State Book states that: The Governor will also expand the tangible property

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NYSDEC Proposes New Brownfield Regulations

New York Brownfield Cleanup Program /

NYSDEC has finally issued its long-awaited amendments to the Part 375 Regulations governing the state Brownfield Cleanup Program (BCP). The proposed revisions were published in today’s State Register and are available from the agency website. The regulations reflect NYSDEC’s interpretation of the changes brought about by the 2015 BCP amendments.  The agency actually developed the

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NYSDEC Proposes New Water Quality Guidance Values for Emerging Contaminants

Environmental Due Diligence, New York Brownfield Cleanup Program, PFAS, water, Water Pollution /

On October 6, 2021, New York State Department of Environmental Conservation (NYSDEC) proposed Released new water quality guidance values (GVs) for emerging contaminants Perfluorooctanoic acid (PFOA), Perfluorooctane sulfonic acid (PFOS), and 1,4-Dioxane (1,4-D). The new guidance values are established in a draft addendum to Technical and Operational Guidance Series (TOGS) 1.1.1: Ambient Water Quality Standards and Guidance

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