The New York State Department of Environmental Conservation (NYSDEC) has officially adopted final amendments to 6 NYCRR Part 375, Environmental Remediation Programs, effective December 31, 2025. This represents the most significant overhaul of New York's environmental remediation framework in years: and if you're involved in brownfield development, real estate transactions, or environmental compliance in the NY/NJ region, these changes demand your immediate attention.
The final rule comprehensively updates procedural and substantive requirements for the State Superfund, Brownfield Cleanup Program (BCP), and Environmental Restoration Programs. NYSDEC has consolidated long-standing practices into regulation while clarifying compliance, reporting, and certification obligations that will affect every active and pipeline project in the state.
Here's what you need to know: and more importantly, what you need to do about it.
What's Changing: The Big Picture
These amendments apply to orders, agreements, work plans, reports, certificates, and related remedial documents approved or issued on or after December 31, 2025. That means if your project is currently in the queue or you're closing on a brownfield deal this quarter, these rules apply to you now.
The changes touch nearly every phase of the remediation lifecycle: from field supervision and daily reporting to certificate-of-completion (COC) modifications and program fees. Let's break down the key provisions.
Key Changes Every Developer and Attorney Should Understand
Timeline overview: when NYSDEC Part 375 changes hit your project schedule and compliance checkpoints in NYC/NJ.
1. Strengthened Field Supervision and Daily Reporting
NYSDEC has codified requirements that a qualified environmental professional (QEP): or a trained representative under their supervision: must oversee all field activities conducted under an approved work plan.
The kicker: next-day daily reports must now be submitted to the NYSDEC Project Manager. These reports must include:
- Progress updates on remedial activities
- Site maps showing where work occurred
- Material import/export quantities
- Complaint logs
- Community Air Monitoring Program (CAMP) findings
- Notable conditions encountered
- Any deviations from the approved work plan
This is a significant operational change. Projects that previously submitted weekly summaries or periodic updates will need to restructure their field documentation protocols immediately.
Field oversight meets certification: daily reporting and PE-stamped FERs now set the compliance pace under Part 375.
2. Professional Engineer Certification for Final Engineering Reports
Final Engineering Reports (FERs) must now be prepared by: and include specified certifications from: a New York-licensed Professional Engineer. The PE must confirm conformance with approved remedial designs, work plans, site management obligations, and any required financial assurance.
This isn't just a formality. NYSDEC is tightening accountability, and FERs that lack proper PE certification will face rejection or delays.
3. Termination-for-Cause Provisions and Cure Opportunities
NYSDEC has expanded the grounds for terminating orders, agreements, and State assistance contracts "for cause." Triggers now include failure to substantially comply with schedules or failure to pay State costs.
The good news: in the BCP, NYSDEC must provide notice and at least 30 days to cure the deficiency: or allow dispute resolution: before termination becomes effective. This gives developers a window to address compliance gaps before losing program benefits.
4. Expanded COC Modification and Revocation Standards
Certificate-of-completion protections are no longer bulletproof. NYSDEC may now modify or revoke a COC for specified causes, including:
- Misrepresentation of material facts
- Failure to manage institutional or engineering controls
- Willful easement violations
Certified-mail notice and an opportunity for relief are required. BCP-specific reopener procedures include a 30-day cure or dispute window before protections are deemed modified or vacated.
This is a significant shift for developers relying on COC liability protections in transaction planning.
5. Habitat Reconstruction Requirements
Where remedial activities disturb habitat regulated under Parts 182, 608, 661, or 663: or important ecological components under Part 375-6.6: the remedial program must now include a habitat reconstruction plan. Requirements include:
- In-kind habitat replacement
- Timely implementation
- Monitoring and maintenance for five years (or as otherwise determined by NYSDEC)
Projects in sensitive environmental areas should factor this into remedial design timelines and budgets.
6. Elimination of "Historic Fill Material" as a Regulatory Definition
The final rule removes the term "historic fill" from Part 375 entirely. This reflects NYSDEC's longstanding practice of evaluating any fill exceeding soil cleanup objectives as contamination: period.
However, NYSDEC retains discretion to consider site-specific background conditions in remedy development. The practical impact: don't assume that widespread urban fill gives you a free pass. Each site will be evaluated on its own contamination profile.
7. BCP Program Fee: $50,000 and Targeted Waivers
BCP applicants must now submit a non-refundable $50,000 program fee with the executed BCP agreement. This is a substantial new cost that must be factored into project proformas.
Targeted waivers are available for:
- 100% affordable housing commitments
- Tangible property credit waivers
- Specified tax-exempt entities
- Projects where more than half the site is in a disadvantaged community (with third-party attestation that the project would not be financially viable but for the waiver)
If you're pursuing affordable housing development or working in environmental justice areas, early assessment of waiver eligibility is critical.
BCP fee waivers: unlocking affordable projects while meeting NYSDEC Part 375 compliance requirements.
8. Limitations on "Conditional Track 1" Cleanups
NYSDEC had signaled it would eliminate "Conditional Track 1" cleanups in the BCP: and the final rule delivers. Here's how it works now:
If bulk reduction of groundwater contamination to asymptotic levels (or soil vapor objectives) has not been demonstrated at COC issuance, the volunteer receives a Track 2 COC. The volunteer may petition NYSDEC within five years to modify to Track 1 upon demonstrating the requisite bulk reduction and attainment of remedial objectives for soil vapor.
The catch: "asymptotic" is not defined in the rule, and it's unclear how a party would receive additional tax credits for a Track 1 cleanup after a Track 2 COC has already been issued.
Critically, this rule is effective now: even for applicants who entered the BCP expecting a conditional Track 1 COC.
9. Clarified Change-of-Use Notifications
At least 60 days before a change of use, the proponent must notify NYSDEC and include or identify an approved work plan covering the activity. Exceptions apply when the site management plan already addresses the activity post-COC.
Transfer-related notices and certifications to purchasers are also now required: a detail that transaction attorneys should build into due diligence checklists.
What This Means for Your Projects
The NYC Brownfield Partnership put it plainly in their January 12, 2026 regulatory alert: "Members with active Brownfield projects should be aware of field supervision and reporting requirements to avoid schedule impacts and to maintain compliance with NYSDEC oversight expectations."
For developers and attorneys navigating brownfield transactions in 2026, the implications are clear:
- Budget accordingly. The $50,000 BCP fee is now a fixed cost. Assess waiver eligibility early: especially for affordable housing projects or sites in disadvantaged communities.
- Restructure field operations. Daily reporting requirements will require enhanced coordination between your environmental consultant, field teams, and NYSDEC Project Managers.
- Plan your Track 1 strategy carefully. If you're pursuing a Track 1 outcome, structure groundwater and soil vapor strategies with clear milestones for demonstrating bulk reduction within the five-year petition window.
- Review COC protections. Understand the new modification and revocation triggers: and ensure your institutional and engineering controls are properly managed post-closure.
Looking Ahead: Expect More Guidance
We anticipate significant industry discussion about the application of these new rules in the coming months. Key questions remain unanswered: particularly around the definition of "asymptotic" levels and the mechanics of Track 1 tax credit modifications after Track 2 COC issuance.
At Envicon, we're committed to providing our clients with timely updates as regulatory clarity emerges. We'll continue monitoring NYSDEC guidance, participating in industry forums, and translating complex regulatory changes into actionable project strategies.
How Envicon Can Help
Navigating the new Part 375 landscape requires a partner who understands both the technical requirements and the business realities of brownfield development. Our team provides comprehensive environmental consulting services tailored to the NY/NJ market: from Phase I and Phase II ESAs to remedial design, BCP application support, and ongoing compliance management.
If you have questions about how these amendments affect your current projects or deal pipeline, contact us to schedule a consultation. We're here to help you stay compliant, control costs, and keep your projects moving forward.
The rules have changed. Your strategy should too.
