Kenneth Brezner Environmental Engineer 4 New York State ...

1 OFFICE OF Environmental REMEDIATION 253 Broadway - 14th Floor New york , New york 10007 Daniel Walsh, Director Tel: (212) 788-8841 Fax: (212) 788-2941 February 9, 2013 Kenneth Brezner Environmental Engineer 4 New york State department of Environmental Conservation 47-40 21st Street Long Island city , NY Kathleen Prather division of solid and hazardous Materials New york State department of Environmental Conservation 625 Broadway Albany, New york 12233 Dear Mr.

2 Brezner and Ms. Prather, I would like to request an omnibus Beneficial Use Determination (BUD) from New york State department of Environmental Conservation (DEC) for the transfer of clean native soil from development projects on properties that participate in remedial action overseen by the NYC Office of Environmental Remediation (OER) to construction projects managed by the city of New york , including projects designed to improve climate resilience, and other development projects overseen by OER. As discussed in our meetings of September 19, 2012, and January 17, 2013, I have enclosed a Standard Operating Procedure (SOP) that incorporates additional information about this program that modifies my earlier requests on July 27, 2012 and September 24, 2012.

3 Following review of Part 360, and the current status of clean soil management at Registration Facilities, we believe that activities under the NYC Clean Soil Bank, as outlined in the enclosed SOP, are both beneficial and appropriate to receive an omnibus BUD from DEC. With this letter we seek issuance by DEC of a BUD for clean native soil managed under the NYC Clean Soil Bank as described in the SOP. As discussed above, OER will provide DEC with an annual summary of activities performed under the BUD and will make the program available to State BCP projects, subject to DEC approval.

4 I appreciate the time you have spent over the last 22 months discussing the development of this program. I look forward to you response and to successful operation of this important program. Sincerely, Daniel C. Walsh, Enclosure: Standard Operating Procedure (SOP) for the New york city Clean Soil Bank Cc: Sal Ervolina, Director Venetia Lannon, Regional Director Robert Schick, Director Robert Phaneuf, Assistant Director Jane O Connell, Regional hazardous Waste Engineer Mark McIntyre, General Counsel Shaminder Chawla, Assistant Director Breanna Gribble, Project Manager New york city Clean Soil Bank SOP Page 1 Revision 0 February 9, 2013 Office of Environmental Remediation New york city Clean Soil Bank Standard Operating Procedure Revision 0 (February 9, 2013)

5 New york city Clean Soil Bank SOP Page 2 Revision 0 February 9, 2013 New york city Clean Soil Bank Standard Operating Procedure (SOP) Table of Contents Background Purpose of the New york city Clean Soil Bank Requirements for properties generating clean native soil in the NYC Clean Soil Bank Coordination with NYSDEC division of Environmental Remediation Overview of the OER Remedial Program Remedial Investigation Remedial Action Work Plan Summary of Responsibilities under the Clean Soil Bank Coordination with DEC Generator Obligations Recipient Obligations Outreach to Prospective Sites Forms.

6 Clean Soil Availability Form Clean Soil Request Form Agreement between Parties (Minimum Provisions) 7. 0 Availability of Clean Soil Bank to DEC remedial projects Steps for Operation of the Clean Soil Bank Attachments Forms Fact Sheets MOA with DER Regulation Governing NYC Brownfield Program Background OER is a municipal Environmental regulatory office that administers the NYC Brownfield Cleanup Program ( city BCP).

7 This program operates under the authority of the 2009 NYC Brownfield Law, regulations contained in Chapter 14 of Title 43 of the Rules of the city of New york , and a Memorandum of Agreement (MOA) established with the New york State department of Environmental Conservation (NYSDEC) in 2010. This MOA is a collaborative intergovernmental agreement that provides NYSDEC Environmental liability protection to developers that use the city BCP and governs the coordination of OER remedial program activities with those of NYSDEC s division of Environmental Remediation (DER).

8 In July, 2012, the MOA was extended by four years to cover NYC brownfield cleanup activities through 2016. For your convenience, the governing regulations and MOA are attached. OER employs a staff of more than a dozen scientists and engineers that provide review and approval of investigation work plans, remedial investigation reports, cleanup work plans and remedial action reports. OER provides comprehensive government regulation of remedial activities in a manner that is modeled closely on NYSDEC s Brownfield Cleanup Program.

9 OER does not rely on self-certification of remedial activities as is common in neighboring states of New Jersey, Massachusetts and Connecticut. OER established governing regulations for the city BCP that are largely identical to 6 NYCRR Part 375-1 and 375-3 and incorporate Part 375-6. OER remedial programs utilize NYSDEC s DER-10 Tech Guide for remedial investigation, remedial action selection and remedial action implementation and reporting, and in doing so, achieve State quality cleanups. OER has the statutory authority to require institutional and New york city Clean Soil Bank SOP Page 3 Revision 0 February 9, 2013 engineering controls, deed restrictions and long-term site monitoring plans and routinely implements these approaches to ensure cleanup is properly administered when Track 1 Unrestricted Soil Cleanup Objectives (SCO) are not achieved.

10 The fundamental difference between city -managed cleanup projects and NYSDEC DER cleanups is that the city handles only light to moderately contaminated properties. OER meets regularly with DER (both Albany and Regional staff) on program and project issues and shares project information with DER project managers. The relationship between OER and NYSDEC has been outstanding. In addition to regular meetings with DER in Albany and in the Region, OER maintains online availability of data and reports for city BCP projects that are made available to DER staff.