NYSDEC Reproposes Part 375 Regulatory Amendments

On July 2, 2025, NYSDEC reissued a set of proposed amendments to the 6 NYCRR Part 375 regulations governing State remedial programs, including the State Superfund Program, Brownfield Cleanup Program, and Environmental Restoration Program, which had been initially proposed in February 2024, with minor revisions proposed in October 2024.

The notice of rulemaking under the State Administrative Procedures Act (SAPA) for the prior 2024 proposal expired as of May 15, 2025. According to NYSDEC, the July 2025 regulatory amendment package is purely to comply with SAPA rules and is “being reproposed without changes” from the revised October 2024 proposal. Notably, the resulting delay in the effectiveness of the proposed Part 375 regulatory amendments will extend the time for Brownfield Cleanup Program sites to continue to achieve “Conditional Track 1” remedies. The proposed Part 375 amendments would eliminate Conditional Track 1 remedies once the revised regulations go into effect; this issue, among other key changes to the Part 375 remedial programs, was previously covered by the SPR Blog.

Prior public comments on the October 2024 revised proposal were considered and addressed by NYSDEC in a Revised Assessment of Public Comments issued in conjunction with the July 2025 proposal. Interested stakeholders may submit additional public comments on the July 2025 regulatory amendment package at a public comment hearing scheduled for October 1, 2025, at 3:30 pm, and/or in written statements which NYSDEC will accept through October 7, 2025.