NYSDEC Finalizes Important Amendments To Its Brownfield And Superfund Regulations

On December 31, 2025, the New York State Department of Environmental Conservation (NYSDEC) finalized important amendments to the regulations that implement its remedial programs, including the Brownfield Cleanup Program (BCP) and State Superfund Program (SSF). This article provides a brief background on the BCP and SSF; context for the amendments; and an overview of some of the most notable regulatory changes.

Background on the BCP and SSF

The BCP provides robust tax credits for the cleanup and redevelopment of contaminated "brownfield" sites. These tax credits are refundable, so BCP enrollees receive a check if the credits exceed their tax liability. BCP enrollees also enjoy liability protection for completed cleanups. The SSF, by comparison, governs the investigation and cleanup of hazardous waste sites listed on the State's Superfund Registry, and liability for those investigations and cleanups. (The SSF was recently amended in ways that harmonize it with its