For Release: Wednesday, October 25, 2006
State Environmental Board Approves Superfund/brownfield Regulations
Regulations Will Implement Comprehensive Reforms for the State's Superfund, Environmental Restoration and Brownfield Cleanup Programs
At a public meeting held today, the New York State Environmental Board and the Inactive Hazardous Waste Disposal Site Regulation Review Board approved new regulations governing the Department of Environmental Conservation's (DEC) Environmental Remediation Programs. This measure will enhance New York State's remedial programs and foster the cleanup and redevelopment of contaminated sites throughout the State.
"Under the leadership of Governor George Pataki, New York State is demonstrating its commitment to enhancing private sector cleanups of brownfields," Commissioner and Environmental Board Chair Denise M. Sheehan said. "The approved regulation will further our goals for cleaning up contaminated sites for redevelopment and continue the progress being made to create cleaner, healthier communities for future generations to enjoy."
DEC drafted the regulations in response to the historic Superfund/Brownfield legislation signed into law by Governor Pataki in October 2003. That law refinanced and reformed the State Superfund Program, enhanced the Environmental Remediation Program, and created the Brownfield Cleanup Program (BCP). DEC has been administering and implementing the new and amended programs since the legislation's passage. These remedial programs provide for the investigation and remediation of contaminated sites throughout New York State by volunteers, municipalities and the parties responsible for the contamination.
DEC first proposed draft regulations on November 16, 2005 which included a 120-day public comment period. Public meetings were held throughout the State in November and December 2005. DEC also held public hearings in March 2006. Changes were made to the proposed draft regulations which incorporated the public comments received by the Department. On July 5, 2006 the draft regulations were re-proposed with an additional public comment period, public meetings and a hearing.
The new regulations amend 6 NYCRR Part 375 by incorporating statutory changes. These regulations will facilitate the cleanup and reuse of contaminated sites that will stimulate economic revitalization, while ensuring the continued protection of public health and the environment. Under the BCP, DEC in consultation with the Department of Health (DOH), established a multi-track approach for the remediation of contamination at brownfields. In the new regulations, DEC included 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 established the soil cleanup standards and use-based tables for remedial programs that are included in these new regulations. Separate sets of soil cleanup objectives were developed in consideration of public health, groundwater, and ecological resources. Public input recorded during the public comment period was considered in the development of the soil cleanup objectives.
The regulations also set forth specific requirements to ensure that information on specific brownfield cleanup projects is provided to the public and that the public is afforded an opportunity to review and comment on such cleanup projects.
In response to public comments received through March 2006 on the regulations approved today, another remedial program, the Remediation Stipulation Program, was proposed in July 2006. That proposal is proceeding under a separate rulemaking. DEC is evaluating comments received and the proposed rule will be subject to further public review.
The 16-member Environmental Board is composed of State agency heads and representatives of the environmental community, citizen groups, business and industry. The Environmental Board also serves as the Inactive Hazardous Waste Disposal Site Regulation Review Board for reviewing regulations concerning State Superfund sites.
With today's approval of the regulations, DEC will file the rulemaking package for the Notice of Adoption with the New York State Department of State (DOS). The regulations will be effective 30 days after the filing. Once this rulemaking is filed with DOS, information about the approved Environmental Remediation Programs regulations will be available on the DEC's website.
