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. The policy applies to cleanups performed under the State Superfund Program (SSF), Brownfield Cleanup Program (BCP), Environmental Restoration Program (ERP); the Resource Conservation and Recovery Act (RCRA) Corrective Action Program and Petroleum Spill Response Program (SRP).
The revisions are intended to apply to any remedy selected or approved by NYSDEC after the effective date of the policy.
Among the proposed revisions are:
- Guidance values for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) .
- Updated guidance values on polychlorinated biphenyl (PCB) cleanups to reflect federal EPA cleanup criteria.
- Updates to the supplemental soil cleanup objectives in Table 1.
- Certain Supplemental SCOs that were derived from the former TAGM 4046 guidance have been removed from table 1 of 6 NYCRR Part 375 because they were based on outdated criteria
- Various other amendments to incorporate needed changes, clarifications, and modifications to the policy based on experience gained since the policy was first implemented.
The policy contains revised descriptions of how the goals of the various remedial programs, and how SCOs will be applied in various remedial programs, particular contaminants and conditions such as abating nuisances.
NYSDEC will take comments on the proposed revisions until September 26, 2024. More information about the proposed changes included red-lined changes are available HERE