Based on our participation in the BCP Consortium, BCONE recently commented on the New York State Department of Environmental Conservation's Proposed Part 375 Revisions. Here is an excerpt with a link to the entire statement.

The Brownfield Coalition of the Northeast (“BCONE”) is a nonprofit organization whose mission is to serve as a primary resource for information on brownfields and brownfields redevelopment in the Northeast region of the United States, from Maine to Maryland; advance public awareness and understanding of benefits, opportunities, and best practices of brownfield redevelopment; and foster collaborative relationships among brownfield developers, property owners, government agencies, and community groups. Its membership includes the leading environmental, scientific and engineering practitioners, governmental agencies and community groups who regularly work on remedial investigation, remediation, and redevelopment projects throughout the Northeast. BCONE is particularly strong in the metropolitan NY region of NYS, NJ, CT, and PA. Click here to read the entire document.

Posted April 21, 2022

The Environmental Protection Agency published its final Fiscal Year (FY) 2022-2026 EPA Strategic Plan to accompany EPA's FY 2023 President’s Budget. The Strategic Plan provides a roadmap to achieve EPA’s and the Biden-Harris Administration’s environmental priorities over the next four years.

This Strategic Plan furthers the agency's commitment to protecting human health and the environment for all people, with an emphasis on historically overburdened and underserved communities. For the first time, EPA’s final Plan includes a strategic goal focused exclusively on addressing climate change, as well as an unprecedented strategic goal to advance environmental justice and civil rights. At the foundation of the Plan is a renewed commitment to the three principles articulated by EPA’s first Administrator, William Ruckelshaus — follow the science, follow the law, and be transparent – while adding an additional fourth principle: advance justice and equity

“This final strategic plan is the result of tireless work across EPA to develop a comprehensive strategy that delivers on our mission to protect all people from pollution,” said EPA Administrator Michael S. Regan. “I’m confident that our plan meets the moment. Our solutions are designed to confront the challenges in front of us, where achieving justice and equity are central to addressing climate change and environmental protection.” 

The Strategic Plan outlines seven goals and four cross-agency strategies. The strategies articulate essential ways of working to accomplish EPA’s goals and mission outcomes. The Plan also includes a suite of measures that will help the Agency monitor progress and ensure accountability for achieving its priorities to protect human health and the environment for all Americans.

More information on EPA’s Strategic Plans can be found at: Strategic Plan. 

Posted March 31, 2022

Letter to Governor Governor Hochul, Speaker Heastie, and Majority Leader Stewart-Cousins from The Building & Realty Institute of Westchester & the Mid-Hudson Region, Brownfield Coalition of the Northeast, The Business Council of Westchester, Buffalo Niagara Partnership, Local Development Corporation of East New York, Long Island Builders Institute, The New York Building Congress, New York City Brownfield Partnership, New York League of Conservation Voters, Real Estate Board of New York, SoBro, Center for Creative Land Recycling, USGBC Long Island, New York State Association for Affordable Housing, Sullivan County Partnership, Upstate United.

We want to thank you for your commitment to the Brownfield Cleanup Program (BCP) and the Brownfield Opportunity Area Program (BOA) and urge the reauthorization of the BCP and additional improvements to these programs in the FY ’23 budget that you are in the process of finalizing.

The BCP is working in New York. Since its inception, over 502 projects have been completed statewide, with 50% of the projects in economically distressed En-Zones and many in Environmental Justice and Brownfield Opportunity Areas. The program has created over 6,000 affordable housing units and $17.61 billion in private investments, cleaned up contaminated sites which may not otherwise have been remediated, and is increasing public health benefits by reducing greenhouse gas emissions and improving climate and air quality, which furthers environmental justice goals to promote healthier communities.

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Posted March 28, 2022

By Zack Fink, Spectrum News 1 NY

Developers are looking to build an eight-story mixed use development on a site in Brooklyn that will contain 10,000 square feet of retail space, and 108 units of affordable housing.

But first, it must undergo a massive remediation due to previous contamination from dry cleaning chemicals and oil from an auto body shop that once stood here. The developers received tax breaks for that cleanup through the state’s Brownfields Cleanup Program.

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Posted March 28, 2022

The article was published in The Practical Real Estate Lawyer with an acknowledgement to Chemmie Sokolic (The Falcon Real Estate Group) for his assistance on the industry issues.

According to Schnapf, "In mid-November, ASTM International (ASTM) published the updated version of its “Standard Practice for Environmental Assessments: Phase I Environmental Site Assessment Process” (E1527-21). The new standard replaces the 2013 version (E1527-13), which ASTM now considers a “historical standard.” However, E1527-13 may continue to be used until EPA formally recognizes the latest version." Click here to read the article in its entirety.

By Larry Schnapf

In our prior blog, we announced that the Environmental Protection Agency (“EPA”) would publish a proposed rule and direct final rule proposing to amend and amending the All Appropriate Inquiries rule (“AAI”)  to reference the revised ASTM E1527-21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’’ (“E1527-21”) and allowing it to be used to satisfy the AAI requirements.

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Posted March 22, 2022

Article entitled “Restoring Nature While Building” by Patrick Sisson appeared in the Square Feet column on in the Commercial Real Estate page of the March 16, 2022 New York Times.

This caught our eye: “People don’t have to use the word ‘sustainability” anymore because it’s expected, said Charles A. Birnbaum, founder and president of the Cultural Landscapes Foundation, and education and advocacy group.  “People expect a level of performance from their landscapes. There is a power of place there waiting to be unlocked.”

This information appealed to us because we have been looking for data on the positive financial impacts of green space on developments.   “A series of trends have made these projects more valuable, said Matt Norris, director of the Building Healthy Places Initiative at the Urban Land Institute.  For residents, the health benefits of outdoor access are more apparent, especially in the pandemic.  For developers, offices and homes next to parks can accrue up to 20 percent more value, and added green space can help projects earn community support and even unlock zoning incentives.”

Posted March 18, 2022

By Kirstyn Brendlen, Brooklyn Paper (NY)

Cleanup is moving along at the former NuHart Plastic Manufacturing plant in Greenpoint as a developer prepares to build two mixed-use buildings on the heavily contaminated lot.

The western half of the 1-acre site, located between Dupont, Franklin, and Clay streets, was named to the state Superfund list in 2010 after potentially-hazardous chemicals were discovered in the soil, left over from nearly 50 years of plastic and vinyl production at the NuHart factory, which closed in 2004. Last year, Madison Realty Capital started taking ownership of the plot after its old owner filed for bankruptcy protection. Taking over NuHart West also means taking responsibility for the Superfund activities deemed necessary by the state, and Madison also applied for and began a Brownfield cleanup of NuHart East.

…

For the entire article, see

https://www.brooklynpaper.com/cleanup-nuhart-plastics-ahead-new-construction/

Posted March 17, 2022

Day Pitney Author(s) Harold M. BlindermanElizabeth C. BartonBrianna E. TibettTaylor C. Amato

As of March 4, the Release Reporting Regulations, Sections 22a-450-1 through 22a-450-6 of the Regulations of Connecticut State Agencies (hereinafter referred to as the Spill Reporting Regulations), are in effect.

As reviewed in a prior alert, the Spill Reporting Regulations define when and how releases of oil or petroleum; chemical liquids; solid, liquid or gaseous products; or hazardous waste (collectively, referred to as reportable materials) must be reported to the Connecticut Department of Energy and Environmental Protection (DEEP), and they also define what information must be included in any report. There are three categories of release thresholds that will trigger reporting requirements: (1) releases of 5 gallons or more of oil and petroleum; (2) any quantity of certain high-risk releases (i.e., releases that enter the waters of the state, a wetland or a storm sewer, etc.) and releases of materials of special concern as outlined in Appendix A of the Spill Reporting Regulations; and (3) releases of 1.5 gallons or 10 pounds or more of all other reportable materials not covered by (1) or (2). A flowchart available on DEEP's website illustrates when reporting of a release of reportable materials is required.

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Posted March 14, 2022

By Bill Wilkins, New York Daily News

Thirty-two years ago, my wife and I made the decision to buy a home and raise our family in East New York — a community where she grew up, at the time considered a low-income area with not much hope of economic revival or prosperity. Since then, we have raised three great kids, two of whom have earned graduate degrees from top universities. And as the director of economic development and housing for the local development corporation serving the area’s industrial base, I’ve seen how a thriving local economy can lift nearby families and move a community from poverty to prosperity — but only after the remnants of past pollution have been removed from the area.

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Posted March 5, 2022