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New York State Proposes to Expand Green and Sustainable Remediation Policy
The New York State Department of Environmental Conservation (NYSDEC) has proposed revisions to DER-31, a green and sustainable remediation (GSR) policy guidance that would significantly broaden the scope, procedural requirements, and analytical expectations for remediation projects under NYSDEC oversight. The proposal, issued in October 2025, reflects a shift from a flexible best-practices framework toward a more structured approach that embeds sustainability, climate resiliency, and greenhouse gas considerations into remedial decision-making. Although issued as guidance, DER-31 establishes substantive expectations that must be addressed to obtain approvals under 6 NYCRR Part 375. However, NYSDEC retains discretion to depart from the policy based on site-specific circumstances.
The proposed revisions would apply to all phases of remediation on NYSDEC-regulated sites and across all NYSDEC remedial programs, including the State Superfund, Brownfield Cleanup Program, Environmental Restoration Program, and Resource Conservation and Recovery Act (RCRA) Corrective Action Program. The draft expressly ties the policy to the Climate Leadership and Community Protection Act and New York’s broader statutory climate commitments. Key additions include mandatory environmental footprint analyses assessing lifecycle impacts of remedial alternatives; climate screening and, where warranted, climate vulnerability assessments; and potential disproportionate burden analyses for remedies near disadvantaged communities. The revisions would also expand documentation and tracking requirements throughout the post-remediation site management period.
In addition, NYSDEC expands policy language tied to renewable energy development on remediation sites, emphasizing coordination with NYSDEC and alignment with broader remedial objectives when integrating renewable systems or other sustainability enhancements. The amendments would require developers to enter into a NYSDEC Model Consent Order, comply with detailed technical guidance, and submit a pre-notification readiness form.
The public comment period closed on December 2, 2025. If adopted, the revised DER-31 is expected to affect remedy selection, project planning, review timelines, and compliance strategies for remediation and redevelopment projects statewide.
