Remediation Guidance and Policy Documents
Program Policies issued by the Division of Environmental Remediation (DER) include Technical and Administrative Guidance Memorandums (TAGMs), Spill Technology and Remediation Series (STARS), Spill Prevention Operations Technology Series (SPOTS) and the Spill Guidance Manual (SGM). These guidance series are being updated and replaced by the DER series (DER-#).
Proposed Guidance:
DER-41 - DER is issuing proposed guidance, DER-41 - Financial Assurance (FA) Guidance for Sites in the State Superfund Program and Brownfield Cleanup Program, for public comment along with proposed language for FA instruments. DER is accepting written comments through October 12, 2023. See instructions below to submit comments.
PURPOSE: This program policy provides guidance to project managers and remedial parties to ensure that financial funding is available for the continued Operation, Maintenance, and Monitoring (OM&M), and enforcement of institutional or engineering controls required by a Decision Document and/or a Consent Order. These controls are necessary for the continued protection of public health and the environment. At a minimum, FA will be required as part of the remedial alternative if: the present worth of the OM&M costs are greater than three million dollars; or it is anticipated that the selected remedy will require OM&M for greater than 10 years.
Text of Proposed FA Instruments
The public is invited to submit written comments on the proposed policy through 5:00 p.m. on October 12, 2023.
Written comments can be submitted as follows:
- By email to derweb@dec.ny.gov. Please include "Comments on Proposed DER-41" in the subject line of the email; or
- 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 policy may be directed to Jennifer Dawson, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, E-mail: derweb@dec.ny.gov.
Issued Guidance:
- CP-43: Groundwater Monitoring Well Decommissioning Policy (PDF, 35 pages, 519 KB) - Issued 11/03/2009; Effective 12/18/2009. This Commissioner Policy addresses groundwater monitoring wells being properly decommissioned when they are no longer needed and reuse by another program is not an option, or when their integrity is suspect or compromised.
- CP-51: Soil Cleanup Guidance Policy (PDF, 21 pages, 201 KB) - Issued 10/21/2010; Effective 12/03/2010. This Commissioner Policy provides a uniform and consistent process for the selection of soil cleanup levels appropriate for each of the remedial programs in DEC. This policy is intended for the use and guidance of both DEC staff and remedial parties, and it is used in conjunction with applicable statutes, regulations and guidance.
- DER-2: Making Changes to Selected Remedies (PDF, 4 pages, 24 KB) - Revised 04/01/2008
- DER-10: Technical Guidance for Site Investigation and Remediation - Issued 05/03/2010; Effective 06/18/2010. This Program Policy provides an overview of the site investigation and remediation process for the Inactive Hazardous Waste Disposal Site Remedial Program, known as State Superfund Program; Brownfield Cleanup Program; Environmental Restoration Program; and Voluntary Cleanup Program; and for certain petroleum releases.
- DER-13: Strategy For Prioritizing Vapor Intrusion Evaluations at Remedial Sites in New York (PDF, 16 pages, 56 KB) - Issued 10/18/2006
- DER-23: Citizen Participation Handbook for Remedial Programs (PDF, 53 pages, 479 KB) - Revised Guidance issued 01/12/2021; Effective 02/26/2021. Citizen Participation Support Materials for DER-23 (PDF, 63 pages, 557 KB)
- DER-24: Assistance for Contaminated Water Supplies (PDF, 17 pages, 127 KB) - Issued 07/15/2008
- DER-31: Green Remediation (PDF, 9 pages, 104 KB) - Issued 08/11/2010; Effective 09/17/2010. This Program Policy establishes a preference for remediating sites in the most sustainable manner while still meeting all legal, regulatory and program requirements. This guidance applies to all phases of the site cleanup process, from investigation through completion of remediation, for sites in the Spill Response Program, Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Environmental Restoration Program, Brownfield Cleanup Program, Voluntary Cleanup Program, and Resource Conservation and Recovery Act Program.
- DER-32: Brownfield Cleanup Program Applications and Agreements (PDF, 13 pages, 102 KB) - Issued 07/28/2017; Effective 09/08/2017. This program policy provides guidance on the application process and general terms and conditions for Brownfield Cleanup Agreements (BCAs) under DEC's Brownfield Cleanup Program (BCP). It also includes guidance on the process for amending and terminating a BCA. For additional information about the application process, refer to the BCP application form (with instructions) under "How to Apply" and the standard BCA under "Brownfield Cleanup Agreement."
- DER-33: Institutional Controls - A Guide to Drafting and Recording Institutional Controls (PDF, 12 pages, 80 KB) - Issued 12/03/2010; Effective 01/14/2011. This Program Policy provides an overview of the drafting and recording of Institutional Controls (ICs) for remedial programs in DEC's Division of Environmental Remediation. This guidance applies to sites in the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Brownfield Cleanup Program, Voluntary Cleanup Program, Environmental Restoration Program, Spill Response Program, and Resource Conservation and Recovery Act Program. Related References: Model Environmental Easement and Model Deed Restriction; Model Environmental Notice (PDF, 2 pages, 19 KB)
- Guidelines for Sampling and Analysis of PFAS (PDF, 36 pages, 2.0 MB) - Issued 01/06/2021. This document is a compilation of DER's protocols and precautions for sampling and analyzing various media. It provides guidelines for preparing Quality Assurance Project Plans, criteria for laboratory consistency, and guidelines on screening sites based on water and soil results.
More about Remediation Guidance and Policy Documents:
- Requirements for Licensed Professional Engineers Certifying Submissions to DEC's Division of Environmental Remediation - Requirements for certifying Professional Engineers as required by the New York State Education Law
- Technical Guidance for Site Investigation and Remediation (DER-10) - DER-10 provides an overview of the site investigation and remediation process for the DEC's remedial programs administered by the Division of Environmental Remediation
- Index of Standards, Criteria and Guidance (SCGs) for Investigation and Remediation of Inactive Hazardous Waste Disposal Sites - List of state and federal guidance documents and regulations relating to the investigation and remediation of inactive hazardous waste disposalsites
- Making Changes To Selected Remedies (DER-2) - This Program Policy defines the procedures to propose and document changes to remedies previously selected in a Record of Decision (ROD).
- Management Of Coal Tar Waste and Coal Tar Contaminated Soils and Sediment (DER-4) - This page contains information regarding the Management of Coal Tar Waste and Coal tar Contaminated Soils and Sediment From Former Manufactured Gas Plants ("MGP"s)
- Technical Assistance Grant Information - Technical assistance is intended to help the grant recipient and the community it represents understand existing environmental data developed about the site, comment on site remedial activities and proposals, and share this information with the public.
- Technical Assistance Grant (TAG) Guidance Handbook (DER-14) - DEC Program Policy, DER - 14/Technical Assistance Grant (TAG)Guidance Handbook, guidance and support.
- Glossary of Environmental Cleanup Terms - Protecting New York State's environment and managing natural resources
- Requirements For Submittal of Electronic Documents - Effective October 3, 2005, documents submitted to the DER must include an electronic version that conforms with the following guidelines.
- Vapor Intrusion Guidance - The Division of Environmental Remediation will evaluate vapor intrusion at all contaminated sites in New York State.
- Financial Assurance Annual Inflation Increase - For information about applying annual inflation increases to cost estimates for financial assurance requirements.
