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Environmental Cleanup and Brownfield News and Events

United States Department of Housing and Urban Development (HUD) Contamination Policy Revised to Allow Risk-Based Cleanups

HUD has issued a revised contamination policy for HUD-assisted multi-family housing projects. HUD's previous contamination policy was characterized by brownfield practitioners as "dig-to-clean" or complete removal of contamination to de minimis levels. The revised policy allows "incomplete removal of contamination" when it can be demonstrated that "costs are deemed to be exorbitant and/or the feasibility deemed impractical for remediation of on-site contamination to de minimis levels". Risk based cleanups must be reviewed by HUD, approved by state voluntary cleanup or other oversight programs, and must follow EPA and ASTM protocols. For further information, please see the offsite link on the right hand side of this page.

Governor Paterson Announces $10 Million in Brownfield Opportunity Areas Program Grants

Governor David A. Paterson has announced more than $10 million in Brownfield Opportunity Areas Program grants for 24 projects located in communities across the State. The Brownfield Opportunity Areas (BOA) Program provides a new area-wide approach, rather than the traditional site-by-site approach, to brownfield assessment and redevelopment. Program grants support a variety of community revitalization activities, including public participation processes, economic and market studies, investigations to assess site contamination and environmental conditions, site-specific redevelopment plans, environmental impact assessments and statements, marketing to attract developer interest, local law changes, architectural and streetscape design guidelines, and other actions to spur investment in the cleanup and redevelopment of brownfield sites. For further information and a list of grants, please see the offsite link on the right hand side of this page.

EPA Announces Funding Opportunity for Brownfield Job Training Grants for Fiscal Year 2010

Brownfield Job Training Grants provide funding to governmental entities and nonprofit organizations to recruit, train, and place local unemployed and under-employed, predominantly low-income and minority residents. The goal of the training is to provide these individuals with skills needed to acquire full-time, sustainable careers in the green economy and brownfield redevelopment work. While Brownfield Job Training Grants focus on hazardous waste remediation and cleanup, the program emphasizes the need to provide training on innovative and environmental sustainable technologies and certifications aimed at equipping graduates with a diversified portfolio of skills needed to secure permanent work in a growing green jobs economy. Through the link to on-the-ground brownfields redevelopment activities, brownfield job training programs expand upon local workforce development efforts by training residents of brownfield-impacted communities for environmental job that cleanup contractors might otherwise fill from outside the community.

The proposal deadline is December 1, 2009. For more information, please see the offsite link on the right hand side of the page.

Tenant Notification of Indoor Air Contamination Information on DEC Website

Last year Governor David A. Paterson signed legislation adding a new section to the Environmental Conservation Law (ECL 27-2405) to require property owners or owners' agents (such as landlords) to notify all of their tenants and occupants of any test results related to indoor air contamination associated with soil vapor intrusion (SVI) that they receive from certain persons and entities. The new law applies to both residential and non-residential properties.

A fact sheet explaining the legislative requirements regarding tenant notification of indoor air contamination associated with SVI is available on DEC's website.

New Certificate of Completion (COC) Guidance Available on DEC's Website

In an effort to facilitate the timely issuance of Certificates of Completions (COCs) for sites in DEC's Brownfield Cleanup Program (BCP), the Division of Environmental Remediation held an informational session for BCP applicants and their representatives in May 2009. The session provided an overview of the technical and legal requirements for the final stages and post-construction phase of the remedial process. Guidance is now available online regarding survey requirements, title requirements, and transfer of the COC. Presentations from the information session have also been posted on our website.

Please note that, in general, this guidance applies to all remedial sites that require a COC. However, the BCP guidance contains key milestones necessary for applicants to receive a COC by December 31, 2009.