New York State is quickly ramping up its regulation of chemicals as it relates to consumer products. First, the New York State Department of Environmental Conservation (“DEC”) promulgated new regulations last year, known as the Household Cleansing Product Information Disclosure Program (“Program”), that will be effective starting October 2, 2019. The Program will, among other things, require manufacturers to disclose on their website the ingredients of household cleansing products that are “distributed, sold, or offered for sale” in New York State, and “the nature and extent” of any research and investigations on the ingredients’ effects on human health and the environment.
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New York State Department of Environmental Conservation Announces the Adoption of Revisions to the Regulations that Implement the State Environmental Quality Review Act
Last Thursday, Basil Seggos, the Commissioner of the New York State Department of Environmental Conservation (“NYSDEC”) announced the first major update to New York’s State Environmental Quality Review Act (“SEQRA”) regulations in over 20 years. SEQRA establishes a process to systematically consider environmental factors early in the planning stages of actions that are directly undertaken, funded or approved by local or state agencies. Seggos believes the updates will “streamline the environmental review process and encourage sustainable development and renewable energy development without sacrificing SEQRA’s integrity or the environmental protection it affords.”
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Additional Proposed Revisions to NY SEQRA Regulations Released, Removing a Number of Proposed Type II Actions from Consideration
Co-location of wireless antennas, as well as a handful of other actions, may be removed from the previously proposed list of Type II actions that would not be subject to New York’s State Environmental Quality Review Act (“SEQRA”). These and other proposed revisions to the New York State Department of Environmental Conservation’s (“NYSDEC”) SEQRA regulations were released on April 4, 2018. Besides a reduced list of Type II actions, other notable changes include modifications to other Type II categories, lower Type I thresholds for residential development and clarifying language to require project sponsors to include late-filed comments in the Draft Environmental Impact Statement (“DEIS”). Comments on these revisions and NYSDEC’s Revised Draft Generic Environmental Impact Statement (“R-DGEIS”) will be accepted until May 4, 2018.
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DEC Undertaking Statewide PFAS Evaluation at Remediation Sites
The New York State Department of Environmental Conservation (“DEC”) is requiring owners of remediation sites across the State (including those already remediated to DEC’s satisfaction) to analyze and report on the presence of 1,4-dioxane and per- and polyfluoroalkyl substances (collectively “PFAS”) in groundwater. This has been triggered by concerns about these “emerging contaminants” at Hoosick Falls and other sites across the State. DEC has begun to send letters to many remediation site owners notifying them of the new statewide evaluation requirements and asking site owners to schedule sampling dates.
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DEC P Site Program Coming into View
Real estate and other transactions often involve property that has perceived environmental concerns. There can also be parcels that have modest known environmental impacts as well, however they do not make sense for either the New York State Superfund (“Superfund”) or Brownfield Cleanup Program (“BCP”) for any number of reasons. In the past, this has often left parties (buyers, sellers, developers and lenders) in a difficult position, unable to obtain any regulatory comfort for such properties.
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