Revised NYSDEC Part 375 Regulations for Brownfield Cleanup Program

Effective on December 31, 2025, the New York State Department of Environmental Conservation (DEC) has adopted revised 6 NYCRR Part 375, Environmental Remediation Programs, which conforms with both the 2015 and 2022 amendments with respect to the Brownfield Cleanup Program (BCP) at ECL Article 27, Title 14. The rulemaking incorporates needed changes, clarifications, and modifications to the regulations based on the experience developed during the first decade of implementing the BCP.

Revisions to Part 375 began back in February of 2024 when DEC initially announced updates. DEC then published a notice of revised rulemaking to amend Part 375 in mid-October of 2024.

Which Sections of Subpart 375-3 Are Affected?

In general, Part 375 establishes regulations for environmental remediation programs, whilst Subpart 375-3 specifically applies to the development and implementation of remedial programs for brownfield sites, pursuant to ECL 27-1401, et seq. The components of Part 375-3 that were revised are listed below:

• 375-3.2 Definitions
• 375-3.3 Eligibility
• 375-3.4 Applications
• 375-3.5 Brownfield Site Cleanup Agreements
• 375-3.6 Work Plans and Reports
• 375-3.7 Significant Threat and Registry Determinations
• 375-3.8 Remedial Program
• 375-3.9 Certificate of Completion
• 375-3.10 Citizen Participation
• 375-3.11 Miscellaneous

How These Revisions May Impact You

The Part 375 revisions have resulted in a variety of changes to Subpart 375-3. The definition of affordable housing project has been expanded to ensure more sites will qualify for benefits. Cover systems have also been expanded upon to increase the effectiveness of engineering controls employed to eliminate exposure pathways to soil contamination.

Another important revision to this subpart specifically states that only contaminated sites will be considered eligible for this program and that potential for contamination does not provide sufficient data to be considered. Remediation must be proven as the only solution for eligible sites to meet the requirements for the reasonably anticipated end use of the site.

Walden Is Here to Help

If you have a project that fits the above criteria, Walden’s site remediation team of 6 NYCRR Part 375 experts can help you evaluate how these revisions will affect your business and any environmental remediation programs you are involved with. Our engineering professionals can also help with navigation of the BCP process, from the investigation and application process to obtaining the Certificate of Completion. Contact us today at 516-744-5863 to find out more about our brownfield services.

To learn more about some of the other impacts of these recent Part 375 revisions, read Walden’s blogs here:

• Revised NYSDEC Part 375 Regulations for Inactive Hazardous Waste Sites
• Revised NYSDEC Part 375-6.8 Regulations and Their Applicability to Part 360