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Environmental Remediation Regulatory Revisions

Proposed, Emergency and Recently Adopted Regulations

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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

  • Part 375 Express Terms (PDF) (720 KB) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
  • Part 375 Regulatory Impact Statement (PDF) (121 KB)
  • Part 375 Supporting Documents (PDF) (407 KB) - Express Terms (Summary), Regulatory Impact Statement (Summary), Regulatory flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement.

Red-line Document

  • Part 375 Red-Line Strike-Out (PDF) (721 KB) - This document is a redline of the proposed 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

  • Part 375 Technical Support Document (PDF) (7.2 MB) - The New York State Brownfield Cleanup Program Development of Soil Cleanup Objectives Technical Support Document 2020 Addendum is provided as a reference for the Part 375 Regulations. It is not part of the official regulatory package that is subject to public comment.
Written Comments:

The public is invited to submit written comments on the proposed rulemaking through 8:00 p.m. on April 21, 2022. Written comments can be submitted as follows:

  • By email to derweb@dec.ny.gov. Please include "Comments on Proposed Part 375" in the subject line of the email; or
  • By mail to 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 Jenn Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, Phone: (518) 402-9764, E-mail: derweb@dec.ny.gov.

Public Comment Hearings:

Public comment hearings for these proposed changes will be held before an Administrative Law Judge on the Webex Events platform as follows:

1. Date: Tuesday, April 5, 2022

Time: 2:00 PM

Attendee Link (Leaves DEC website)

Meeting Access No: 2348 402 6653 #
Event password: Apr5-2PM
Audio Access Dial: 518-549-0500
Enter Meeting Access No: 2348 402 6653 #

2. Date: Thursday, April 7, 2022

Time: 5:30 PM

Attendee Link (Leaves DEC website)

Meeting Access No: 2349 146 7463 #
Event password: Apr7-530PM
Audio Access Dial: 518-549-0500
Enter Meeting Access No: 2349 146 7463 #

The electronic format is reasonably accessible to persons with impaired mobility. DEC will provide interpreter services for hearing impaired persons and language interpreter services for individuals with difficulty understanding or reading English at no charge upon written request submitted no later than Tuesday, March 22, 2022. The written request must be addressed to the Deputy Commissioner, DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to the Office of Hearings and Mediation Services at ohms@dec.ny.gov. Please include "Part 375 Public Comment Hearing" in the subject line.

Persons who wish to receive the instructions by mail or telephone may call DEC at (518) 402-9764 and leave a message for Jenn Dawson. Please provide your first and last name, address, and telephone number and reference the Part 375 public comment hearing.

Contact: Jennifer Dawson, DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012; Phone: 518-402-9674; E-mail: derweb@dec.ny.gov

Adopted Regulations

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

The amendments to Part 375 are effective August 12, 2016. There are two new definitions, one for "affordable housing project" and a second for "underutilized" in 6 NYCRR Subpart 375-3 of the BCP regulations. The 2015 BCP law directed DEC to define these terms in regulation. These definitions, along with the other criteria for eligibility for tangible property tax credits (the site's location in an environmental zone or the site meeting the statutory definition of "upside down"), will be used to determine whether a site in New York City is eligible for those credits. The "affordable housing project" definition will also be used statewide to determine a site's eligibility for the five percent affordable housing tax credit bonus.

The "Brownfield site" definition at 6 NYCRR 375-1.2(b) has also been amended to meet the definition in the 2015 BCP law and 6 NYCRR 375-3.3(a)(1) has been deleted to conform to this definition.

In part, the 2015 amendments to the BCP law address the large 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 is high development costs for some downstate projects, which resulted 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 that are 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


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