NYSDEC

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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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The New York State Department of Environmental Conservation (NYSDEC) has released for public comment a draft guidance that would for the first time establish Financial Assurance (FA) for certain state Superfund and Brownfield programs  sites with remedies that require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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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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NYSDEC Proposes New Brownfield Regulations

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

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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NYS Budget Includes Limited Covid-Related Brownfield Amendment After Stakeholders Request More Comprehensive Reforms.

In a prior Post, we discussed that Governor Andrew Cuomo’s proposed executive budget for Fiscal Year 2022 provided an extra two years for owners of brownfield projects that received COCs between March 20, 2010 through January 1, 2012 to claim the qualified tangible property tax (QTP) credit. The extension was intended to provide relief to

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NY State Appeals Court Rules NYSDEC Improperly Denied BCP Application

A state appeals court overturned a lower court decision and ruled that the New York State Department of Environmental Conservation (NYSDEC) had improperly denied a Brownfield Cleanup Program (BCP) application. In the Matter of Wythe Berry, LLC v. New York State Department of Environmental Conservation, 2020 N.Y. App. Div. LEXIS 7234 (App. Div.-2nd Dept. 11/25/2020).

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NYSDEC Clarifies Requirements for Execution and Submission of BCP Agreements and Amendments

The New York State Department of Environmental Conservation (“NYSDEC”)  has received numerous inquiries about issues arising with the execution of Brownfield Cleanup Program (“BCP”) agreements and amendments  because of the Covid19 pandemic. In response, the NYSDEC has issued the following guidance: The DYSDEC will grant reasonable extensions of time for the execution of Brownfield Cleanup

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NYSDEC Issues Further Guidance on Essential Activities For Brownfield Projects

In a prior post, we discussed a letter NYSDEC issued to staff and standby contrators interpreting Governor Cuomo’s Executive Order 202.6 (EO) and the Empire State Development Corporation Guidance on shutdown of all non-essential services and activities. DEC has now posted further clarification on its  website that it considers the following activities as essential services:

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NYSDEC Will Exercise Enforcement For Signature Procedures for Certain Waste Streams

To prevent spread of COVID-19, the New York State Department of Environmental Conservation (NYSDEC) will exercise its enforcement discretion with respect to certain provisions of 6 NYCRR Parts 364,372,374-2, and 381. According to a Letter issued by the NYSDEC Office of General Counsel, the agency will not pursue enforcement of requirements for signatures on waste

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