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Notice of Proposed Rulemaking (Consensus) to Repeal 6 NYCRR Part 500 and to Amend/repeal references to Parts 750 - 758

Pursuant to the Environmental Conservation Law Articles 17 and 36, the Department of Environmental Conservation (DEC) hereby gives notice of the following:

DEC has filed a Notice of Proposed Rule Making to repeal 6 NYCRR Part 500 - Floodplain Management Regulations Development Permits. The statutory authority for Part 500, which came from Environmental Conservation Law Article 36, was repealed by the Legislature in 1992. Part 500 has not been in effect since 1992 and should not appear in the Department's regulations. The Department is proposing to remove it from its regulations to avoid confusing the public. This rule would also amend citations to 6 NYCRR Parts 750-758 - State Pollutant Discharge Elimination System. Parts 750-758 were repealed in 2003 and consolidated into a new Part 750. However, cross-references to Parts 750-758 were inadvertently left in place in the Department's regulations and are in need of correction. This rule would amend references to Parts 750-758 to reflect the current regulation - Part 750.

This notice was published in issue 27 of the State Register on July 5, 2017.

Comment period closed

For further information please contact:

Michelle Tompkins
NYS Department of Environmental Conservation
625 Broadway
Albany, NY 12233-3500
Telephone: (518) 402-8221
E-mail: DOWinformation@dec.ny.gov

Consensus Rule Making Statement

The Department of Environmental Conservation (Department) is proposing to repeal 6 NYCRR Part 500 - Floodplain Management Regulations Development Permits. The statutory authority for Part 500, which came from Environmental Conservation Law Article 36, was repealed by the Legislature in 1992. Part 500 has not been in effect since 1992 and should not appear in the Department's regulations. The Department is proposing to remove it from its regulations to avoid confusing the public.

This rule would also amend citations to 6 NYCRR Parts 750-758 - State Pollutant Discharge Elimination System. Parts 750-758 were repealed in 2003 and consolidated into a new Part 750. However, cross-references to Parts 750-758 were inadvertently left in place in the Department's regulations and are in need of correction. This rule would amend references to Parts 750-758 to reflect the current regulation - Part 750. Part 750 prescribes the procedures and substantive rules for the SPDES program, which has been approved by EPA for the control of wastewater and stormwater discharges to waters of the state.

The provisions of this proposed rulemaking do not involve any discretion by the Department. References in current regulations are inaccurate and in need of updating so that the public will not be confused. For these reasons, the Department has determined that no person is likely to object to this rulemaking.

Job Impact Statement

A Job Impact Statement is not required for this rulemaking because the proposed rule will not have a substantial adverse impact on jobs and employment opportunities. The purpose of this rule is to correct references in 6 NYCRR that are no longer accurate due to prior rulemaking and legislation.

This rule would repeal 6 NYCRR Part 500 - Floodplain Management Regulations Development Permits. The statutory authority for Part 500 was repealed by the Legislature over 20 years ago, but Part 500 was never removed from DEC's regulations. Part 500 no longer has any effect and should be repealed to avoid confusing the public. This rule would also amend citations to 6 NYCRR Parts 750-758 - State Pollutant Discharge Elimination System. Parts 750-758 were repealed in 2003 and consolidated into a new Part 750. However, cross-references to Parts 750-758 were inadvertently left in place in DEC's regulations and are in need of correction. No substantive changes are being made to DEC's regulations in this rulemaking. This rule would amend references to Parts 750-758 to reflect the current regulation - Part 750.

This rulemaking will not result in the loss of any jobs in New York State. Therefore, the Department has determined that a Job Impact Statement is not required.


More about Notice of Proposed Rulemaking (Consensus) to Repeal 6 NYCRR Part 500 and to Amend/repeal references to Parts 750 - 758:

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