Hazardous Substances Remediation
Update on New York City and New York State Lead-Based Paint Laws
Numerous changes and clarifications to New York City (NYC) and New York State lead-based paint (LBP) laws for residential properties are coming into effect in 2024 and 2025. These provisions relate to a statewide rental registry for residences constructed before 1980, testing common areas in NYC buildings, and enhanced turnover remediation requirements in NYC. As…
Proposed Changes to Part 375 Remedial Program Regulations: Implications for Real Estate Developers and their Financing Institutions
On February 14, 2024, NYSDEC (the Department) issued a Notice of Proposed Rulemaking for amendments to its regulations at 6 NYCRR Part 375 (Part 375), which govern New York State remedial programs, including the Inactive Hazardous Waste Disposal Site Program (State Superfund), the Brownfield Cleanup Program (BCP), and the Environmental Restoration Program. The public can…
U.S. EPA Finalizes Rule Requiring Facility Response Plans for Hazardous Substance Discharges
On March 28, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule requiring certain onshore facilities to prepare Facility Response Plans (FRPs) for the worst-case discharges of Clean Water Act (CWA) hazardous substances. FRPs are due to EPA by June 1, 2027, or prior to the start of operations for facilities constructed after…
2023 Update on Federal and New York City Lead-Based Paint Laws
This year has seen notable changes and clarifications to Federal and New York City lead-based paint standards for residential properties. These provisions relate to lead paint investigations, testing, remediation, and penalties that may impact compliance planning for building owners and managers. Because these legal changes were adopted after SPR’s May 4, 2023 webinar on the…
EPA Publishes Proposed Rule Banning TCE
On October 31, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule to ban all manufacturing and use of trichloroethylene (TCE) under Section 6(a) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2605(a)). TCE is a highly toxic and carcinogenic chemical that has historically been used in numerous industrial, commercial and consumer applications,…
EPA Broadens Efforts to Address PFAS Contamination in Water Bodies
The Environmental Protection Agency (EPA)’s efforts to address contamination by per- and poly-fluoroalkyl substances (PFAS) continue to rapidly evolve. Although federal efforts were initially focused on PFAS in drinking water, EPA has recently begun to address PFAS in a wider variety of sources, including wastewater and stormwater. In April of this year, EPA brought its…