DEC Plans Changes to Superfund, Brownfield Cleanup Regs

New York State Department of Environmental Conservation (DEC) has announced proposed changes to the State’s regulations for the clean-up of contaminated sites.

The proposals are available for public comment until April 21, 2022, and would create new cleanup standards for the oversight of the emerging contaminants perfluorooctanoic acid (PFOA) and perfluorooctanoic sulfonate (PFOS), and affect the implementation of the State’s Brownfield Cleanup Program, State Superfund and other cleanup programs.

According to a press release by DEC, the proposed changes to the 6 NYCRR Part 375 regulations include:

• Enhanced requirements for the Inactive Hazardous Waste Disposal Site Remedial Program (also known as State Superfund Program);
• Updates to the State’s Soil Cleanup Objectives (SCOs) to reflect the latest scientific input of experts at DEC and the New York State Department of Health. Revisions include the creation of SCOs for PFOA, PFOS, aniline, and nitrobenzene to reflect the designation of these chemicals as hazardous substances and codify existing guidance in regulation to provide the State with a greater ability to conduct enforcement against polluters; and
• Proposed changes, clarifications, and modifications to the regulations based on DEC’s experience during the first decade of implementing the Brownfield Cleanup Program.

The public can participate in and submit comments during two virtual hearings on the revised rule-making. The hearings will be held at 2 pm on April 5th, 2022, and 5:30 pm on April 7th, 2022. To participate in the hearings, visit DEC’s website. Persons who wish to receive the instructions by mail or telephone should call DEC at (518) 402-9764 and leave a message for Jenn Dawson. Participants should provide their first and last name, address, and telephone number and reference the Part 375 public comment hearing.

The public can submit written comments on the revised proposed regulations through April 21, 2022, at 8 p.m. Written comments can be submitted by email to derweb@dec.ny.gov, noting “Comments on Proposed Part 375” 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.

All documents and related information pertaining to the revised proposed rule-making are available on DEC’s website. Members of the public without internet access are advised to contact NYS at the address above or call (518) 402-9764.