After a little more than six months after ASTM issued its new E1527-13 Phase 1 standard practice, problems are emerging over the new definition Controlled Recognized Environmental Condition (CREC) definition. The difficulties are related to the definition itself and differences among state environmental programs. Before discussing the CREC problems, a little background might be helpful […]
Problems Emerge with New CREC Definition Read More »
When Mathy Stanislaus departed New York to take the helm of EPA’s Office of Solid Waste and Emergency Response (OSWER), he told the New York brownfield community that one his primary goals was to reform the EPA Revolving Loan Fund (RLF) program so it could better support affordable housing on brownfield sites. Changing long-standing agency
EPA Modifies RLF Policy To Facilitate Affordable Housing Protects on Brownfields Read More »
With the tax credits for the New York State Brownfield Cleanup Program (BCP) scheduled to expire at the end of December 2015, the New York State Department of Environmental Conservation (NYSDEC) has been inudated with applications. Indeed, according to informal betting pool among NYSDEC brownfield employees, the agency anticipates receiving 100 applications by July 1st –the
Is NYSDEC Already Using the Proposed “New” Definition of Brownfield Site? Read More »
Earlier this week, Governor Cuomo sent his sweeping BCP reforms to the State Legislature. Under the state Constitution, the Governor has 30 days to make technical amendments to his budget legislation without involving the legislature. Despite vociferous complaints by brownfield developers, environmental lawyers and affordable housing advocates about the severe curtailments to the categories of projects
NY Governor Sends Revised BCP Reform Bill to Legislature Read More »
[Note: This post will be periodically updated as new information becomes available about the proposed legislative changes ] Governor Andrew Cuomo unveiled his budget legislation today. As expected, the legislation proposed sweeping changes to the state Brownfield Cleanup Program (BCP). The proposed legislation adopts the recommendations of the New York State Tax Reform and Fairness Commission
Governor Cuomo Proposes Sweeping Amendments to Brownfield Program Read More »
In 2012, New York legislature failed to meaningfully extend the sunset date for the brownfield cleanup program (BCP) tax credits. In that session, the legislature, only extended the expiration date from March 31, 2015 to December 31, 2015. Because BCP applicants must obtain certificates of completion (COC) from the NYS Department of Environmental Conservation (NYSDEC) by the BCP
NY Expects Record Number of Brownfield Cleanup Completions in 2014 Read More »
The New York State Brownfield Cleanup Program (BCP) may offer lucrative tax credits but to paraphrase the old John Houseman commercial, BCP applicants earn their tax credits the hard way. The BCP is demanding program with rigorous cleanup procedures, robust public participation and lots of documentation requirements. The complexity of the BCP is further exacerbated
1/3 of NY BCP Projects Fail to Obtain COCs in 2013 Due To Documentation Issues Read More »
On December 30th, the federal Environmental Protection Agency (EPA) published a final rule in the Federal Register (78 FR 79319) recognizing the new ASTM E1527-13 phase 1 standard practice as an approved method for complying with the All Appropriate Inquires (AAI) rule. As explained below, while the preamble to the final rule is an improvement to
We previously discussed that the New York City Office of Environmental Remediation (OER) Brownfield Incentive Grant (BIG) program had become fully subscribed meaning that all of the funds appropriated for the program have been committed to projects. OER has been working on obtaining additional appropriation to fund new BIG applications. The good news is that OER has recently
New OER Brownfield Incentive Grant (BIG) Program To Be Limited By Project Size Read More »
One of the key challenges facing purchasers of contaminated property is that the Bona Fide Prospective Purchaser, Contiguous Property Owner and Innocent Purchaser liability protections that are available under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and similar state laws are self implementing. While EPA may occasionally enter into a
NYC OER To Issue Environmental Review and Assessment (ERA) letters Read More »