The New York State Department of Environmental Conservation (NYSDEC) appears close to finalizing revisions to important guidelines for the state’s brownfield cleanup program (BCP). This is good news for property owners, developers, and local government officials because once these revised guidelines are approved, there will be a clearer roadmap for the application process, often a significant stumbling block for applicants.
Background
A brownfield site is real property where a contaminant, such as hazardous waste or petroleum, is present at levels exceeding what is permitted based on the reasonably anticipated use of the property. Typically, the NYSDEC uses the soil cleanup objectives found in 6 NYCRR Part 375 for this assessment. The NYSDEC also may use other health-based or environmental standards, criteria, or guidance. For example, if the site has a soil vapor issue, the NYSDEC is likely to rely on the New York State Department of Health’s guidance for soil vapor intrusion. The NYSDEC’s Division of Environmental Remediation (DER) oversees the BCP and the forthcoming “BCP-EZ” program, as well as the state’s petroleum and chemical spill response and prevention programs and Superfund program.
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