DEC’s GSR and Climate Resiliency in Environmental Cleanups

Green remediation strategies must be evaluated and implemented appropriately at every step of the remedial program. The goals of green remediation strategies are to reduce total energy use and increase the percentage of energy from renewable resources; reduce air pollutants and greenhouse gas emissions; reduce water use and preserve water quality; conserve material and reduce waste; and protect land and ecosystems.

Additionally, remedies at contaminated sites may be vulnerable to the impacts of climate change and extreme weather events. DEC requires an approach that raises awareness of these vulnerabilities and evaluates climate change as a standard operating practice in cleanup projects. The approach involves periodic screening of remedy vulnerabilities, prioritizing the steps to adapt to a changing climate, and identifying measures to assure climate resilience of cleanup sites. 

Key Points to Consider 

• Green Remediation requires that we widen our view of the environment when we contemplate protection of the environment. It is not just on and near the remediation site. It also includes such things as the indirect impacts of generating electricity to power remediation systems, which could be hundreds of miles away. 

• Sustainable Remediation also considers economic and social impacts of the remedial efforts. Examples include, but are not limited to, enhanced local stakeholder engagement, active consideration of the next use of the property relative to the community needs and wants, use of local labor and supplies, and identification and prioritization of sites located in disadvantaged communities. 

• Opportunities to decrease the footprint and maximize the environmental outcome of a cleanup exist throughout the life of a project, from site investigations through development of cleanup alternatives, remedy design, construction, and site management.  

• Best management practices for remedies, various field stages and other aspects pose significant opportunities to reduce the environmental footprint of cleanups.

Strategies for GSR and Climate Resilience 

All GSR efforts will be documented in work plans, reports or other submissions for DER approval. Work plans, reports or other submissions include, but are not limited to, site characterization and remedial investigation work plans and reports, alternative analysis reports and feasibility studies, basis of design reports, designs, remedial action work plans, construction completion reports, final engineering reports (FERs), Site Management Plans (SMPs), Periodic Review Reports (PRR), Annual Reports, Corrective Measure/Remedial Site Optimization (RSO) work plans and reports, and redevelopment plans for DEC regulated sites. The required information may be included in the document text, as an appendix or be submitted and referenced as a separate supporting document such as a sustainability analysis report. Metrics must be submitted in an electronic format that DER specifies, which may include electronic data deliverables (EDDs). 

The following should be implemented during any phase of an environmental cleanup and can also build upon evaluations performed during earlier phases: 

Project Planning – An effective plan can help assure GSR and Climate Resiliency goals are achieved. Effective plans at a minimum will consider scheduling to reduce fuel consumption and associated air emissions as well as lessen disturbance to the land and local ecosystems; local product suppliers and service providers; the use of passive, remote, non-invasive or minimally invasive technologies; minimizing material use and waste generation; the use of products containing recycled and biobased contents or products that have reuse or recycling potential; and use cleaner and more energy-efficient equipment and construction techniques. Approvable work plans must plan for qualitative or quantitative assessments (as appropriate), best management practices analysis, tracking metrics, and climate resiliency. Work plans and reports should present suggestions or techniques that could further reduce the footprint of the overall project or phase, include efforts to minimize the environmental footprint, mitigate emissions and optimize the environmental cleanup or redevelopment of the site. Reports must summarize all GSR actions, including best management practices (BMPs) and climate resilience, that were implemented during the implementation of the work, any metrics pertaining to waste or emission reductions, deviations from the work plan, and any recommendations for future optimization of GSR techniques at the site. Work plans and reports shall not be inconsistent with the Climate Leadership & Community Protection Act (CLCPA) and will be certified as prepared in substantial conformance with DER-31. 

Footprint Analysis - Conduct a footprint analysis, considering all applicable information (energy use, materials, labor, etc.) for each cleanup activity. Two examples of such a program are SiteWise^TM Evaluation tool and EPA’s Spreadsheets for Environmental Footprint Analysis (SEFA). These programs will perform a life cycle analysis and generate metrics that can be used to evaluate the overall impacts of each activity and support decision making. This analysis should be combined with other relevant, site cleanup considerations such as implementation, effectiveness, cost, and community acceptance to develop an acceptable environmental cleanup strategy. 

Best Management Practices (BMP) Analysis - Perform a BMP analysis to identify greener cleanup activities that may help minimize the environmental footprint on a site-specific basis. The BMP analysis should consider NYSDEC’s and EPA’s green remediation BMP fact sheets and select appropriate methods to be incorporated into the environmental cleanup. The ASTM Standard Guide for Greener Cleanups provides direction on how to conduct a BMP analysis. 

Tracking metrics – Metrics shall be tracked throughout the environmental cleanup to truth test assumptions and assess progress towards GSR goals. Examples of items to be tracked including trucking on and off-site & disposal quantities; Greenhouse Gas Emissions & Air Pollutants; Total Energy Use – and type of Energy (Renewable vs. nonrenewable sources); Water Use and Impacts to Water Resources; Materials Management and Waste Reduction; Land Management and Ecosystems Protections; and other relevant site-specific metrics. Tracked metrics should be included with the following reports, at a minimum: Remedial Investigation Report (or Site Characterization Report), Construction Completion Report, Final Engineering Report, and Periodic Review Report. Implementation of metrics should be included with work plans and design reports.   

Climate Resiliency - assess a proposed remedy’s vulnerability and evaluate measures to increase resilience. The first step is to conduct a climate screening. More information is provided in the climate screening checklist. If potential impacts from climate hazards are identified, a climate vulnerability assessment (CVA) must be conducted. This Climate Change Vulnerability Assessment should consider the reliability of energy, potential for flooding/droughts, increased erosion potential, proximity to water bodies, and any other environmental factors subject to change. If already completed in a previous phase, the Climate Change Vulnerability Assessment should be updated as necessary throughout the environmental cleanup. 

Disadvantaged Communities - In accordance with the CLCPA, New York will ensure that all communities, but especially populations within disadvantaged communities (DAC) and Potential Environmental Justice Areas (PEJA), will benefit from implementation of GSR, in particular prioritizing and maximizing reduction of greenhouse gases and co-pollutants. Remedial decisions impacting disadvantaged communities should comply with Section 7 of the CLCPA which requires that decisions made by state agencies do not disproportionately burden those communities. Section 7 further requires that state agencies prioritize reductions of GHG emissions and co-pollutants in those communities. 

While conducting a Feasibility Study or Alternatives Analysis, remedial parties should consult DECinfo Locator to determine whether their site is within 0.5 miles of a DAC or a PEJA. If the site is within 0.5 miles of a DAC or a PEJA, the remedial party should conduct a disproportionate burden analysis using the Disproportionate Burden Analysis Worksheet. If a disproportionate burden is found, the remedial party must propose measures to mitigate the remedy’s impacts on the DAC or PEJA. Examples of mitigation measures include:

Training Sessions 

DEC has compiled a series of training sessions discussing GSR and Climate Resiliency strategies. View or download the Training Sessions (PDF) to learn more.