The New York State Department of Environmental Conservation (“DEC”) has proposed four new remediation guidance and policy documents pertaining to the Brownfield Cleanup Program (“BCP”):  DER-32 – Brownfield Site Cleanup Agreements; DER-10 – Technical Guidance for Site Investigation and Remediation; Commissioner Policy on Soil Cleanup Guidance; and DER-30 – Real Property Eligibility Opinions for the Brownfield Cleanup Program.

DER-32 sets forth general terms and conditions for the preparation and execution of Brownfield Site Cleanup Agreements (“BCAs”) under the BCP.  The policy includes a model BCA and creates a new requirement for BCP applications, requiring applicants to include a statement acknowledging and agreeing to the general terms and conditions of DER-32.

DER-10, a 226-page document, provides technical guidance for DEC and regulated entities on how to conduct acceptable investigation and remediation for sites in the BCP, the State Superfund Program, the Environmental Restoration Program and Voluntary Cleanup Program, and for certain petroleum releases.  The policy provides detailed guidance on sampling and analysis requirements, reporting requirements, site characterization, remedial investigation, remedy selection, remedial design, remedial action work plan implementation, and site management.

The Commissioner Policy on Soil Cleanup Guidance provides a uniform framework by which to select soil cleanup levels appropriate for DEC’s remedial programs.  Under this policy, which will guide both DEC staff and remedial parties, the level of soil cleanup for a site will depend on the regulatory program under which the site is being addressed and the potential impact on ecological resources, groundwater, surface water, sediment and soil vapor.  The selected soil cleanup level must by fully protective of public health and the environment and prevent off-site migration.

DER-30 outlines procedures and circumstances under which DEC will, upon request, issue opinions of eligibility for participation in the BCP for real property within a Brownfield Opportunity Area (“BOA”) study area or designated BOA.  DEC anticipates that the issuance of an early opinion of whether a particular parcel satisfies the statutory definition of a “brownfield site,” while non-binding, will facilitate the marketing, reuse and redevelopment of such property.

DEC is accepting written comments on the proposed Commissioner Policy, DER-30 and DER-32 until December 4, 2009; written comments on proposed DER-10 will be accepted until January 4, 2010.

• DEC Notice of Proposed Policy and Guidance Documents
• DER-32 – Brownfield Site Cleanup Agreements (pdf)
• DER-10 – Technical Guidance for Site Investigation and Remediation (pdf)
• Commissioner Policy on Soil Cleanup Guidance (pdf)
• DER-30 – Real Property Eligibility Opinions for the Brownfield Cleanup Program (pdf)