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

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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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