DEC Brownfield Programs Brownfield Cleanup Program (BCP) - - PowerPoint PPT Presentation

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DEC Brownfield Programs Brownfield Cleanup Program (BCP) - - PowerPoint PPT Presentation

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


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DEC Brownfield Programs

  • Brownfield Cleanup Program (BCP)
  • Environmental Restoration Program (ERP)

June 2018

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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

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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

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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
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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
  • versight
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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
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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

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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

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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

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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
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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 518-357-2273

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