1 DEC Brownfield Programs • Brownfield Cleanup Program (BCP) • Environmental Restoration Program (ERP) June 2018
2 Impetus for Brownfield Cleanup Programs • Decades of poor hazardous waste management • Resulting in thousands of contaminated sites • Potentially impacting health, environment, property values and economic development • Legal and financial concerns can hinder cleanup and re-use
3 BCP – Creation, Mission and Goal • BCP created by Superfund/Brownfield Law in 2003 - Regulations effective 12/14/06 - Statutory BCP replaced administrative VCP • Mission: Enhance private-sector cleanup and redevelopment • Goal: Remediate sites to protect public health and environment for intended use
4 BCP – Roles of State Agencies • DEC: - verifies application completeness - formalizes participation with BCA - oversees site investigation and remediation work by RP - issues COC if requirements met • Department of Tax and Finance: - administers tax credits
5 BCP -- Major Components • Protective and predictable cleanups Use-based (unrestricted, residential, restricted residential, commercial, industrial) • Establishes cleanup tracks and soil cleanup objectives • Preference for permanent cleanups • Investigations and cleanups conducted under DEC oversight
6 BCP -- Major Components (Cont.) • Remedial Process – Comparable to SSF - remedial investigation/remedial action • Certificate of Completion - Liability release from State - Required to qualify for tax credits
7 BCP: 2015 Reforms • Continues BCP tax credits for 10 years with program reforms • Limits eligible Site Prep costs (e.g., site cover equivalent) • Establishes requirements for certain legacy BCP sites to complete the program and obtain certificate of completion by end of 2017
8 Environmental Restoration Program (ERP) • Grants for municipally owned sites (not responsible) • Very successful for Upstate Large/Small Communities • 90% of cost to Investigate & Clean up site • Indemnification by the State • About $180M committed to date from 1996 Bond Act • 2015/16 Budget included up to $10M/year • 2015 reforms made a number of significant changes to the ERP. As a result, program elements will need to be refined and updated before the DEC can entertain new applications
9 BCP and ERP- Statistics Statewide status (as of 05/30/2018): • BCP - 1,016 sites with applications received since program inception in October 2003 - 363 COC’s issued • ERP - 128 sites with remediation complete - 44 sites remain active in various stages of remediation and require close-out. Thirteen ERP sites have been or are being addressed under the 2013 New York Works Round II (NYWII) statewide capital infrastructure program
10 Interested in DEC’s Brownfield Programs? • DEC strongly encourages Pre-Application Meetings Interested Remedial Party (Requestor/Applicant) Environmental Counsel Environmental Consultant See http://www.dec.ny.gov/chemical/8450.html
11 Thank You Richard A. Mustico, P.E. Regional Remediation Engineer Division of Environmental Remediation New York State Department of Environmental Conservation richard.mustico@dec.ny.gov Connect with us: 518-357-2273 Facebook: www.facebook.com/NYSDEC Twitter: twitter.com/NYSDEC Flickr: www.flickr.com/photos/nysdec
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