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New York State's Reformed Brownfield Cleanup Program Update

08 Jul 2015 2:39 PM | Anonymous member (Administrator)

An update for all NSCW 2015 Attendees and any BCONE members in New York State or doing business in New York State - The Reformed Brownfield Cleanup Program from our contacts in the New York State Department of Environmental Conservation:

July 1, 2015, was the effective date of the reformed Brownfield Cleanup Program (BCP), based on the revisions to the Environmental Conservation Law (ECL) enacted as part of this year’s State budget. DEC is accepting applications for the new program and the application form and instructions are available on the web, as described below.

BCP Reform Changes

Most of the significant changes which initially will affect implementation of the program are associated with eligibility for the program and the two-tiered approach for sites in New York City. To address these, DEC has developed a new application form and directions for its use which are available on the website, along with some additional guidance on how DEC will process and handle the applications. Information about eligibility, the application process, and program requirements can be accessed through the following link:
http://www.dec.ny.gov/chemical/8450.html

Several other changes have been made to the program as outlined in the summary of changes, which can be accessed through the following link:
http://www.dec.ny.gov/chemical/101350.html

Changes of Note:

  • Volunteer Oversight Costs: The recent changes to the BCP include a change to subdivision 2 of section 27-1409 of the ECL which removed the obligation for Volunteers accepted into the BCP to pay state oversight costs, effective July 1, 2015. This change does not remove the obligation to pay state costs incurred up to that date. DEC will be preparing and sending final bills for state cost incurred up to July 1st for all BCP sites with approved brownfield cleanup agreements based on our regular schedule for such billings. All volunteer Applicants can anticipate receiving a final bill through this date over the next year which is our regular billing cycle.
  • BCP-EZ Status: In exchange for waiving any right to tax credits, lightly contaminated sites would be able to enter a streamlined program, the BCP-EZ option, with State oversight of the cleanup work. BCP-EZ will enable sites to get the critical liability release and obtain financing.

The law requires DEC to promulgate regulations before the program can be implemented. DEC currently has a 6 NYCCR Part 375 regulations proposal out for comment with promulgation required by October 1, 2015 for definitions related to the BCP. DEC plans to start the process for adding the BCP-EZ and other required updates to Part 375 within the next few months and does not expect to have proposed regulations until early 2016. It is not likely the BCP-EZ program will be available until the summer of 2016.

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