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ENB - Statewide Notices 12/24/2013

Public Notice

Notice of Rescission of Program Policy DER-15, Presumptive/Proven Remedial Technologies

Notice is hereby given that the Division of Environmental Remediation (DER) in the New York State Department of Environmental Conservation (NYS DEC) has rescinded Program Policy DER-15, Presumptive/Proven Remedial Technologies, on December 18, 2013.

DER-15 was issued in February 2007 and the information contained in this program policy does not reflect the current best practices for site remediation. Some of the technologies listed have proven to have only limited effectiveness. In order to select an effective remedy for a particular site, it is essential to consider the site geology and other site-specific conditions, so a document that recommends technologies irrespective of those factors has the potential to be misleading. This is only a guidance document and not required by law or regulation. NYS DEC does not believe that this program policy has sufficient value and utility to justify the level of effort that would be needed to revise such a document to be useful and accurate, and then maintain the content as technologies continue to evolve.

Program Policy DER-10, Technical Guidance for Site Investigation and Remediation, and NYS DEC Regulations 6 NYCRR Part 375, Environmental Remediation Programs, both define "presumptive remedy" to mean: "technologies or approaches appropriate for the remediation of specific types of contamination which, based on historical patterns of remedy selection and NYS DEC's scientific and engineering evaluation of performance data, can be used to accelerate the remedy selection process." NYS DEC believes that, for the qualified environmental professionals who need to select remedies for sites, this adequately describes a presumptive remedy without need for further guidance.

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail: derweb@dec.ny.gov.


Notice of Rescission of Technical and Administrative Guidance Memorandum (TAGM) 4051, Early Design Strategy

Notice is hereby given that the Division of Environmental Remediation (DER) in the New York State Department of Environmental Conservation (NYS DEC) has rescinded TAGM 4051, Early Design Strategy on December 18, 2013.

TAGM 4051 was rescinded because it is obsolete due to DER's current practices. New Consent Orders include Remedial Design/Remedial Action so there is no need to initiate Consent Order negotiations to amend the Remedial Investigation/Feasibility Study Consent Order before the Record of Decision (ROD) is issued. DER also has a process in place to send referrals to NYS DEC Office of General Counsel once a State-funded project advances to the ROD stage.

Contact: Angela Chieco, NYS DEC - Division of Environmental Remediation, Bureau of Program Management, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail: derweb@dec.ny.gov.


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