Environmental Remediation Regulatory Revisions

Proposed, Emergency and Recently Adopted Regulations

Proposed Regulations

6 NYCRR Part 375 - Environmental Remediation Programs

This rule making amends 6 NYCRR Part 375 to conform to the 2015 Amendments to the DEC regulations with respect to the Brownfield Cleanup Program (BCP); addresses and enhances requirements pertaining to the Inactive Hazardous Waste Disposal Site Remedial Program (also known as State Superfund Program, SSF) and the Environmental Restoration Program (ERP); and updates the soil cleanup objectives (SCOs) based on review and comments received by DEC and the New York State Department of Health (DOH) staff. The rule making also amends Part 375 to incorporate needed changes, clarifications, and modifications to the regulations based on the experience developed during the first decade of implementing the BCP.

Text of Proposed Rulemaking for Public Comment

Red-line Document, Current Part 375 vs. Proposed Part 375

  • Part 375 Red-Line Strike-out – This document is a redline of the proposed 2024 Part 375 Express Term regulations. It is provided to aid the reader in identifying changes to the Part 375 Express Terms. It is not part of the official regulatory package that is subject to public comment.
  • Technical Support Document

The Notice of Proposed Rulemaking is available in the February 14, 2024, issue of the State Register. Written public comments will be accepted by NYS DEC through 8:00 p.m., May 21, 2024.

Availability of Documents for Review:

These documents are available on this webpage and  may also be inspected at NYS DEC, 625 Broadway, Albany, NY 12233. Please call Jenn Dawson for an appointment at (518) 402-9543 or email at: [email protected].

Written Comments:

The public is invited to submit written comments on the proposed rulemaking through 8:00 p.m. on May 21, 2024. Written comments can be submitted as follows:

  1. By email to [email protected]. Please include "Comments on Proposed Part 375" in the subject line of the email; or
  2. By mail to the NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, attention: Jenn Dawson

Requests for information on the proposed rulemakings may be directed to Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9542, or E-mail: [email protected].

Written comments on the proposed rulemaking may be submitted to Ms. Dawson until 8:00 p.m. on May 21, 2024.

Public Comment Hearing:

Public comment hearings for the proposed rule will be held before an Administrative Law Judge electronically via the Webex platform as follows:

Date: Wednesday, May 15, 2024
Time: 1:00 p.m.
Location: electronically via Webex

Date: Wednesday, May 15, 2024
Time: 5:30 p.m.
Location: electronically via Webex

Instructions on how to "join" the hearing, how to provide an oral statement, and how to register for the hearing may be accessed at the Proposed Regulations webpage for Part 375 at: https://dec.ny.gov/regulatory/regulations/proposed-emergency-recently-adopted-regulations.

AFTERNOON SESSION:
Part 375 Hearing for Proposed Rulemaking
Date and time:
Wednesday, May 15, 2024 1:00 PM | (UTC-05:00) Eastern Time (US & Canada)
Register link:
https://meetny.webex.com/weblink/register/r6d70cb1547a65a916da39162ab09837b

Join by phone:
+1-518-549-0500 US (English Menu)
+1-518-549-0059 US (Menú en Español)
Access code/webinar number: 161 753 5913
Webinar password: Welcome1 (93526631 from phones and video systems)

EVENING SESSION:
Webinar topic:
Part 375 Hearing for Proposed Rulemaking (evening session)
Date and time:
Wednesday, May 15, 2024 5:30 PM | (UTC-05:00) Eastern Time (US & Canada)
Register link:
https://meetny.webex.com/weblink/register/rd6a3042c9dedff82e480119d5605d34b

Join by phone
+1-518-549-0500 US (English Menu)
+1-518-549-0059 US (Menú en Español)
Access code/webinar number: 161 041 8015
Webinar password: Welcome1 (93526631 from phones and video systems)

Persons who wish to receive the instructions by mail or telephone may call the Department Office of Hearings and Mediation Services at (518) 402-9003. Please provide your first and last name, address, and telephone number and reference the Part 375 public comment hearing.

The electronic format is reasonably accessible to persons with impaired mobility: Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request. Requests should be received no later than May 1, 2024, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement, either by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), by telephone (518-402-8044) or by e-mail ([email protected]).

Contact: Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012; Phone: 518-402-9543; E-mail: [email protected].

Adopted Regulations

6 NYCRR Part 375 - Amendments to Brownfield Cleanup Program - Effective August 12, 2016

The amendments to Part 375 were effective August 12, 2016. Included were two new definitions, one for "affordable housing project" and a second for "underutilized" in 6 NYCRR Subpart 375-3 of the BCP regulations per the 2015 BCP law directed DEC to define these terms in regulation.

The "Brownfield site" definition at 6 NYCRR 375-1.2(b) was amended per the 2015 BCP law and 6 NYCRR 375-3.3(a)(1).

In part, the 2015 amendments to the BCP law addressed the differences in the potential state tax liability between New York City BCP sites and those in the rest of the State. The primary driver for the regional imbalance within the BCP was high development costs for some downstate projects, resulting in excessive tangible property tax credits. Limiting the eligibility of New York City sites to specific affordable housing projects and underutilized properties through criteria established by regulation, in addition to sites which are in an environmental zone or "upside down," should help target funds and projects in New York City areas with the most need. The amended definition of "brownfield site" implements a statutory amendment that clarifies DEC's use of an environmental standards-based approach to site eligibility determinations to ensure that tangible property tax credits are only afforded to sites with actual contamination rather than potential contamination. The 'underutilized' definition encourages industrial and commercial development under the BCP. Properties not zoned for commercial or industrial use would be zoned for residential use; and while they would not qualify as underutilized, they could qualify as affordable housing, be located in an environmental zone, or possibly be "upside down." The other eligibility pathways provide separate avenues for tangible property tax credits for residentially zoned properties.

Regulatory Documents

The following documents are available to the public by e-mailing the DEC Regulatory Coordinator at [email protected]:

Summary of Assessment of Public Comment (June 2015);

Assessment of Public Comment – Amendments to 6 NYCRR Part 375 (June 2015)

SAPA Documents for June 2015, 6 NYCRR Part 375 Rulemaking: Revised Express Terms, Revised Regulatory Impact Statement, Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, Job Impact Exemption Statement, and State Environmental Quality Review documents.

Contact for this Page

Division of Environmental Remediation
625 Broadway
Albany, NY 12233

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