Deadline for Public Comments on Proposed 6 NYCRR Part 375 Amendments: May 21, 2024

Introduction to 6 NYCRR Part 375

6 NYCRR Part 375 Environmental Remediation Program regulations govern all environmental remediation efforts in New York State. The main focus of these regulations is to determine whether a site is contaminated with hazardous chemicals using the remedial program soil cleanup objectives, to assess the impact of the contamination at the site, and to decide whether the site requires remediation. New proposed amendments to these regulations have been issued, and you have the opportunity to voice your opinion.

Summary of Amendments to the 6 NYCRR Part 375 Regulations

In 2021, the New York State Department of Environmental Conservation (DEC) proposed some revisions to the Part 375 regulations. These revisions included topics such as tax credit eligibility, cover systems (a barrier over contaminated ground), and editing the soil cleanup objectives list of chemicals. After the public comment period ended and the rigorous debate about these revisions concluded, the DEC decided not to adopt these revisions and reassessed the proposed amendments.

On February 14, 2024, the DEC issued the new proposed revisions to the 6 NYCRR Part 375 regulations and reopened public comment. The changes that are being proposed are meant to comply with both the 2015 and 2022 amendments. The main topics of the regulations to be amended are:

• Brownfield Cleanup Program (BCP) requirements
• Inactive Hazardous Waste Disposal Site Remedial Program, or State Superfund Program, requirements
• Environmental Restoration Program requirements
• Changes to the soil cleanup objectives list of chemicals
  • The most notable change in this amendment from the 2021 version to now is that PFAS, or polyfluoroalkyl substances, have been removed from the soil cleanup objectives list of chemicals until more data is available about their effects.

How to Review and Comment on the Proposed Amendments

Public comments on these issues will be accepted by the NYSDEC through May 21, 2024 at 8PM. The documents for review can be viewed in greater detail at https://dec.ny.gov/regulatory/regulations/proposed-emergency-recently-adopted-regulations#public.

Written comments can be submitted via email and regular mail. Emails can be sent to derweb@dec.ny.gov. Make sure to include “Comments on Proposed Part 375” in the subject of the email.

If you are sending your written comments through the mail, they should go to the following:

Jenn Dawson
NYS DEC – Division of Environmental Remediation
625 Broadway
Albany, NY 12233-7012

There will be two virtual Webex public hearings on this matter. If you are interested, join in at 1PM and 5:30PM on Wednesday, May 15, 2024.

Walden’s engineers and scientists will continue to track new and proposed regulations and can help you maintain compliance with a vast range of requirements. Give us a call at 516-701-1681 to speak with an environmental remediation expert about the proposed changes to Part 375.