NYSDEC Proposes First Update to CP-51 Soil Cleanup Guidance in 15 Years
Earlier this month, the New York State Department of Environmental Conservation (NYSDEC) announced proposed revisions to the CP-51 Soil Cleanup Guidance. This policy outlines the framework and procedures for determining appropriate soil cleanup levels across various remedial programs within the NYSDEC Division of Environmental Remediation (DER), including the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program) and the Brownfield Cleanup Program (BCP).
Some of the proposed revisions include:
- Addition of Guidance Values for perfluorooctanoic acid (PFOA) and perfluorooctanoate sulfonic acid (PFOS);
- Alignment with federal polychlorinated biphenyl (PCB) cleanup requirements set by the United States Environmental Protection Agency (USEPA);
- Updates to protection of groundwater Supplemental Soil Cleanup Objectives (SSCOs);
- Temporary removal of direct exposure SSCOs;
- Inclusion of an appendix detailing SSCOs and Guidance Values;
- Classification of soil containing over 500 ppm of total polycyclic aromatic hydrocarbons (PAHs) as “grossly contaminated media”; and
- Other changes, clarifications, and modifications.
The public is invited to submit written comments on the proposed policy until 5:00 p.m. on September 26, 2024. If you have a site within a regulatory program, or if you are considering acquiring a contaminated property and wish to understand the impact of the proposed revisions to CP-51, Roux is ready to assist. We can assess available data and provide insight on how the proposed policy may affect your specific site. Reach out to the Roux team using the link below.
