Business Environmental Law and Transactional Support

Call us for a free consult about your environmental problem (212) 876-3189

Facebook Twitter Linkedin Rss

NYSDEC

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

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

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 […]

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

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.

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

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

NYSDEC Publishes Notice of Draft Revisions to Part 375 Regulations in State Register Read More »

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The New York State Department of Environmental Conservation (NYSDEC) has released for public comment a draft guidance that would for the first time establish Financial Assurance (FA) for certain state Superfund and Brownfield programs  sites with remedies that require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

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

NYSDEC Unveils Revised BCP Application As Application Fee Becomes Effective

New York Brownfield Cleanup Program, Uncategorized /

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

NYSDEC Unveils Revised BCP Application As Application Fee Becomes Effective Read More »

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

NYSDEC Proposes New Brownfield Regulations Read More »

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

NYSDEC Proposes New Water Quality Guidance Values for Emerging Contaminants Read More »

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

Brownfields, New York Brownfield Cleanup Program /

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

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

NY State Appeals Court Rules NYSDEC Improperly Denied BCP Application

Brownfields /

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).

NY State Appeals Court Rules NYSDEC Improperly Denied BCP Application Read More »

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

Brownfields, CERCLA, enforcement, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, Underground Storage Tanks, vapor intrusion /

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

NYSDEC Clarifies Requirements for Execution and Submission of BCP Agreements and Amendments Read More »

Scroll to Top