From the December 2005 issue

Meetings on Draft Brownfield and Superfund Regulations Continue

This abandoned, contaminated
paper mill site in Baldwinsville...

As scheduled, New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan announced on November 16 that DEC has issued draft regulations to implement the state's Superfund and brownfield programs (the draft release and meetings were previously reported in the November issue of Environment DEC).

Five Meetings Remain

...is now host to concerts and
events during the summer

Two information meetings were held in November and five are taking place in December across the state to provide an overview of the regulations, answer the public's questions on the draft regulations and generate public comments. The draft regulations, related draft generic environmental impact statement, and technical support document (TSD) for the development of the soil cleanup objectives will be available for public comment until March 27, 2006.

"DEC has drafted the regulations in response to the historic legislation adopted by the legislature and signed into law by Governor Pataki in October 2003. The law refinanced and reformed the state Superfund and brownfield programs, greatly accelerating the redevelopment of contaminated sites across the state," Commissioner Sheehan said. "DEC understands that these regulations will affect communities across the state and has worked to ensure that everyone who would like to get involved in the public review process is able and encouraged to do so, scheduling seven public information meetings and three public hearings across the state."

Changes Fully Implement Reforms

The draft regulations reflect statutory revisions to the Inactive Hazardous Waste Disposal Site Remedial Program (Superfund Program) and the Environmental Restoration Program (ERP) and incorporate new provisions to implement the new Brownfield Cleanup Program (BCP). These changes are necessary to fully implement the comprehensive legislation enacted in 2003 to refinance and reform the state's brownfield and Superfund programs. DEC has been administering and implementing the new and amended programs since the legislation's passage under guidance documents.

Brownfield Cleanup Program

Under the Brownfield Cleanup Program, DEC in consultation with the Department of Health (DOH), is required to promulgate regulations to create a multi-track approach for the remediation of contamination at brownfields. DEC is also required to include in the regulations soil cleanup objectives, which are contaminant-specific cleanup objectives for soil based on a site's current, intended, or reasonably anticipated future use. Teams of experts from DEC and DOH were established to develop the soil cleanup standards and use-based tables for the BCP that are included in the draft regulations. Separate sets of soil cleanup objectives were developed in consideration of public health, groundwater, and ecological resources. A proposed process for developing soil cleanup objectives was described in summary documents that were posted on the DEC website and provided to the public at three public meetings in spring 2004. Public input from that process was considered in the development of the soil cleanup objectives.

State Superfund Program

The Inactive Hazardous Waste Disposal Program or state Superfund Program is the state's program for identifying, investigating and cleaning up sites where consequential amounts of hazardous waste may exist. These sites go through a process of investigation, evaluation, cleanup and monitoring. Once the presence of hazardous waste is confirmed at a site, it is added to the state's official list of Superfund sites. When the parties responsible for the contamination are known, the responsible parties are required to pay for and perform the investigation and evaluation of cleanup options. At sites where responsible parties cannot be found or are unable or unwilling to fund an investigation, the state pays for the investigation using money from the Superfund Program. The state then works to recover costs from a responsible party after the investigation and cleanup are complete. Since its creation, more than 484 sites have been cleaned-up under the state Superfund Program. An additional 501 sites are moving toward complete cleanup.

Bond Act Funded

The 1996 Clean Water/Clean Air Bond Act authorized $1.75 billion for important environmental programs. The Bond Act included $200 million for Environmental Restoration Program (ERP) grants to municipalities for costs associated with the investigation and cleanup of brownfields in their community. To date, more than $73.9 million in bond act funding has been committed for 183 investigation and cleanup projects at brownfield sites throughout New York State.

An abandoned rail yard was
transformed into the Ballpark
at St. George in Staten Island

The 2003 Brownfield and Superfund legislation created the new BCP. The goal of the BCP is to enhance private-sector cleanups of brownfields and to reduce development pressure on open spaces. Under the BCP, cleanups continue to fully protect public health and the environment based on appropriate cleanup plans and objectives overseen by DEC. When the site has been successfully remediated, the applicant receives a certificate of completion. The certificate triggers liability protections provided by statute and allows parties to apply for tax credits, helping to offset the cost associated with brownfield redevelopment. Since the program's creation in 2003, 169 sites have been approved under the new BCP.

December Meetings

In response to requests from the public and interested stakeholders, DEC, in cooperation with the New York State Department of Health (NYSDOH), conducted two public information meetings in November with five remaining in December. These meetings are intended to ensure that the public is afforded the opportunity to discuss the technical material contained in the regulations with DEC and DOH experts prior to the required public hearings. Each meeting will consist of two sessions: a general regulation session from 10 AM until noon and a session about soil cleanup objectives from 1:30 PM until 4 PM. The locations of these meetings are as follows:

Thursday, December 1, 2005 - Adams Mark Hotel, 120 Church Street, Buffalo, NY
Monday, December 5, 2005 - The George Gustav Heye Center Auditorium, U.S. Customs House, One Bowling Green, New York, NY 10004
Tuesday, December 6, 2005 - SUNY Farmingdale, Roosevelt Hall, Little Theater, 2315 Route 110 (Broadhollow Road), Farmingdale, NY
Wednesday, December 7, 2005 - Yonkers Public Library, River Front Library Auditorium, 1 Larkin Center, Yonkers, NY
Tuesday, December 13, 2005 - NYSDEC, 625 Broadway, Public Assembly Room 129A&B, Albany, NY

The public is also invited to submit written comments until the close of business on March 27, 2006. Written comments should be mailed to: Robert W. Schick, P.E., NYSDEC, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7014, or they may be sent to the address mailto:derweb@gw.dec.state.ny.us?subject=2005 Draft Brownfield/Superfund Regulations Comments via email.

More Information

The complete text of the draft regulations, the draft generic environmental impact statement for the regulations, the TSD, as well as all studies and documents referenced by the TSD, may be viewed at DEC Central Office in Albany and each DEC regional office. The complete text of the draft regulations and information on other related topics can also be accessed at the "Related Links" below.