Revised NYSDEC Part 375 Regulations for Inactive Hazardous Waste Sites

In February of 2024, the New York State (NYS) Department of Environmental Conservation (DEC) initially announced amendments to 6 NYCRR Part 375, Environmental Remediation Programs. Later that year, around mid-October, DEC published a notice of revised rulemaking to amend Part 375. On July 2, 2025, rulemaking was noticed in the State Register.

Effective on December 31, 2025, DEC has adopted revised 6 NYCRR Part 375, Environmental Remediation Programs, which conforms with both the 2015 and 2022 amendments with respect to the State Superfund Program (SSF) at ECL Article 27, Title 13, which addresses and enhances requirements pertaining to the Inactive Hazardous Waste Disposal Site Remedial Program.

What’s New to Subpart 375-2?

Part 375 establishes regulations for environmental remediation programs, whilst Subpart 375-2 specifically applies to the development and implementation of remedial programs at inactive hazardous waste disposal sites, pursuant to ECL 27-1301, et seq. The components of Part 375-2 that were revised are listed below:

• 375-2.2 Definitions
• 375-2.3 Municipality Eligibility for State Assistance
• 375-2.4 Applications for Municipal Assistance
• 375-2.5 Orders and State Assistance Contracts
• 375-2.7 Significant Threat and Registry Determinations
• 375-2.8 Remedial Program
• 375-2.9 Certificate of Completion
• 375-2.10 Citizen Participation
• 375-2.11 Miscellaneous

Do These Revisions Affect You?

The revisions found in Subpart 375-2 change certain components of the program, such as requirements and eligibility. For example, under Subpart 375-2.5 Orders and State Assistance Contracts, it now states that “the commissioner may order a responsible party or a potentially responsible party to finance in whole or in part a department or State-led remedial program for a site upon the consent of such responsible party without providing notice and an opportunity for hearing.”

Revisions like this might come as a surprise to municipalities that were not previously aware of DEC’s proposed changes to Part 375. Municipalities are subject to adhere to these modifications whether they are aware of them or not, so it is important to make sure that you understand the updates to Part 375 and how they will impact you.

How Walden Can Help

If you have a project that fits the above criteria (or need help determining this), contact Walden’s site remediation experts for assistance evaluating how these revisions will affect your business and any remedial programs you are involved with. Call us today at 516-744-5863!