Proposed, Emergency and Recently Adopted Regulations
6 NYCRR Part 375, Environmental Remediation Programs
Notice of Revised Rule Making
Notice is hereby given that the New York State (NYS) Department of Environmental Conservation (DEC) published a Notice of Revised Rule making with the NYS Department of State on October 16, 2024, to amend 6 NYCRR Part 375, Environmental Remediation Programs. The comment period on the revised rulemaking is extended to January 31, 2025.
DEC noticed the proposed 6 NYCRR Part 375, Environmental Remediation Programs rulemaking, in Volume XLVI, Issue 7 of the NYS Register on February 14, 2024. DEC conducted two comment hearings on May 15, 2024, and held a 97-day comment period, which ended on May 21, 2024. The rulemaking amends 6 NYCRR Part 375 to conform to the 2015 and 2022 Amendments to DEC regulations with respect to the Brownfield Cleanup Program (BCP); addresses and enhances requirements pertaining to the State Superfund Program (SSF) and the Environmental Restoration Program (ERP); and updates the soil cleanup objectives (SCOs). The rulemaking 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.
All public comments were considered, and DEC did not make any substantive changes to the text of the proposed rulemaking. One commenter noted a discrepancy in the Part 375-6.8 tables. DEC is issuing this revised rulemaking to correct these discrepancies.
Text of Revised Proposed Rulemaking for Public Comment
- Part 375 revised Express Terms (PDF)– Underlines indicate new material; brackets indicate deleted material.
- Part 375 Assessment of Public Comments (PDF)
- Part 375 revised Regulatory Impact Statement (PDF) – Substantive changes from the February 14, 2024, regulatory impact statement are highlighted in yellow.
- Part 375 revised Supporting Documents (PDF) – Substantive changes from the February 14, 2024, regulatory impact statement are highlighted in yellow.
Red-line Document, Current Part 375 vs. Revised Part 375
- Part 375 revised Red-line, Strike-out (PDF) - Underlines indicate new material; brackets [] indicate deleted material. Substantive changes from the February 14, 2024, proposed rulemaking are highlighted in yellow.
- Technical Support Document (PDF)
Notice of Public Comment Hearing
A virtual public comment hearing for the revised rule will be held on January 7, 2025, before Administrative Law Judge (ALJ) Elizabeth Phillips via WebEx electronic webinar as follows and accordingly is reasonably accessible to persons with impaired mobility:
Date: January 7, 2025
Time: 3:30 P.M.
Registration Link:
https://meetny-gov.webex.com/weblink/register/r983101cefc96d65da3315f5d26bfd0ef
Meeting Number (access code): 2823 250 9657
Meeting Password: Welcome1 (93526631 when dialing from a phone or video system
Join by phone: Call 518-549-0500. Enter access code 2823 250 9657 and password 93526631
Persons wishing to comment on the proposed rulemaking at the virtual hearing on January 7, 2025, must register to speak no later than 4:00 p.m. on January 6, 2025. The ALJ may limit the amount of time each speaker has to comment to ensure that all individuals have an opportunity to be heard. Any person may listen to the hearing by phone without pre-registration.
All participants will be muted upon entry into the hearing. The ALJ will call each person who has registered to speak in the order in which they registered. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. We recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided below. Equal weight will be given to oral and written comments. The hearing will be recorded for inclusion in the record.
Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, 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 by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.”
Notice of Public Comment Period
The public comment period on the rule making concludes on January 31, 2025.
Written statements must be submitted to and postmarked by January 31, 2025:
New York State DEC
625 Broadway
Albany, NY 12233
ATTN: Jennifer Dawson
Email: [email protected]: Please include Part 375, Environmental Remediation Programs in the subject line of the email. Written statements must be submitted to the DEC by 5 p.m. on January 31, 2025.
Environmental and Regulatory Impact Review
DEC has determined that the proposed rulemaking will not have a significant adverse environmental impact. DEC has prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for Small Businesses and Local Governments, a Rural Area Flexibility Analysis, and a Job Impact Statement, in accordance with the State Administrative Procedures Act.
Available Documents
Copies of the documents for the proposed rule making described above, along with the Express Terms (text of proposed rule), are available on the DEC website or by contacting the DEC (see below).
Contact: NYSDEC, 625 Broadway, Albany, NY 12233, ATTN: Jennifer Dawson; 518-402-9543. E-mail: [email protected]
Authority
DEC is conducting the rule making proceedings, including the above-mentioned public hearing, pursuant to New York State Environmental Conservation Law § Article 3, Title 3, Section 3-0301(2)(a) and (m).
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) – Underlines contained in the text denote new material. Brackets [] indicate material to be deleted.
- Part 375 Regulatory Impact Statement (PDF)
- Part 375 Supporting Documents (PDF) - 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, Current Part 375 vs. Proposed Part 375
- Part 375 Red-Line Strike-out (PDF)– 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 (PDF)
The Notice of Proposed Rulemaking is available in the February 14, 2024, issue of the State Register.
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].
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.
