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Regulatory Agenda

DEC January 2017 Regulatory Agenda, 3-Year Rule Review and 5-Year Rule Review

Introduction

Each year, pursuant to SAPA, the department publishes a Regulatory Agenda, 3 Year Review of Rules and 5 Year Review of Rules in the State Register and on its website. This is a listing of the regulations that may be proposed for adoption or amendment within that calendar year, and a review of department rules adopted 3 and 5 years previous.

Regulatory Agenda

Division of Air Resources

6 NYCRR Part 201, Part 201 will be amended to make certain minor wording changes, correct typographical errors, and other minor corrections to ensure consistent implementation across regions. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mark Lanzafame, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 203, Oil and Gas Sector Emissions. This is a new regulation to reduce criteria pollutants and methane emissions from the oil and gas sector. This regulation will address and expand upon the control technique guideline proposed by EPA. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Ona Papageorgiou, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 205, Architectural and Industrial Maintenance Coatings. The existing regulation will be revised to include additional and more restrictive volatile organic compound (VOC) limits. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Ona Papageorgiou, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 218, Emissions Standards for Motor Vehicles and motor Vehicle Engines. The Department is considering revisions to 6 NYCRR Subpart 218-7, Aftermarket Parts, to clarify or amend aftermarket catalytic converter prohibitions that currently apply to 1993, 1994, 1996 and subsequent model-year light and medium duty vehicles. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Jeff Marshall, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8292. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 219, Incinerators. Existing Subpart 219-4 will be amended to better reflect the current state of cremation technology and reduce emissions of particulate matter from new crematories constructed in the state. In addition, Division of Air will sunset existing Subparts 219-5 and 219-6 by requiring that existing units subject to these requirements be regulated by more stringent standards. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mark Lanzafame, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Fuel. The existing regulation will be revised to remove "out-of-date" regulatory references, correct typographical errors, update the waste oil constituent limits, remove "out-of-date" work practices, expand the number of facilities allowed to burn waste oil, and update the rule to compliment Title V criteria. Subpart 225-2 has been proposed and noticed for public comment. This rulemaking required a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 226, Solvent Metal Cleaning Processes. The existing regulation will be amended to remove "out-of-date" regulatory references, update work practices, and establish requirements that meet the federal control techniques guideline (CTG) for industrial cleaning solvents. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: John Henkes, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Subpart 227-1, Stationary Combustion Installations. The existing regulation will be revised to remove "out-of-date" regulatory references, correct typographical errors, and update the permissible emission rates for particulate matter for both solid and liquid fuels. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Subpart 227-2, NOx RACT. A review of the NOx emission limits for peaking turbines will be conducted. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Ona Papageorgiou, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 230, Gasoline Dispensing Sites and Transport Vehicles. The existing rule will be amended to update and clarify testing requirements for gasoline dispensing sites (gas stations) and to conform more closely with new federal requirements and guidance. The proposed changes will also require prior notification to the Department for each test; as well as new vapor leak detection equipment; and remove Stage II requirements. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Denise Prunier, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-408-5574. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 232, Perchloroethylene Dry Cleaning Facilities. The existing regulation will be retitled as "Dry Cleaning Facilities" and updated for consistency with federal requirements and amended to improve compliance and program delivery; reduce perc and alternative solvent emissions to the environment; address advancements in technology and changes in the industry regarding the use of alternative dry cleaning solvents; and finally prohibit the use of perc in dry cleaning machines after December 31, 2027. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Eric Wade, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 235, Consumer Products. The existing regulation will be updated to implement additional Volatile Organic Compound (VOC) product content limits. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kenneth Newkirk, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 242, CO2 Budget Trading Program. The regulation will be amended, as necessary and appropriate, to incorporate revisions to comply with the Environmental Protection Agency's "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units" and/or consistent with the Regional Greenhouse Gas Initiative's 2016 Program Review. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact Michael Sheehan, P.E., NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Parts 243, 244, 245, Transport Rule. These existing regulations will be updated to fully incorporate the Cross State Air Pollution Rule adopted by the Environmental Protection Agency into the New York State Implementation Plan. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Marie Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 247, Outdoor Wood Boilers. The existing regulation will be updated to conform to the emission standards and certification requirements of the federal NSPS rule. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kenneth Newkirk, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

Division of Environmental Permits

6 NYCRR, Part 621, Uniform Procedure Act (UPA). Part 621 was last amended on October 14, 2009. Since that time several statutes and regulations that interface with Part 621 have been changed or amended. The Division of Environmental Permits proposes to update the main text of Part 621. Several minor changes and updates are proposed to align the text with the revised regulations. Also several minor clarifications and corrections are proposed to correct inaccurate references and clarify permitting procedures. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kent Sanders, NYS Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9168. E-mail: deppermitting@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 617, State Environmental Quality Review Act (SEQR). The Division of Environmental Permits proposes to amend the main text of Part 617. The purpose of the revisions is to streamline the SEQR process without sacrificing meaningful environmental review. The revisions would modify the Type I and Type II lists of actions, as well make other changes to the SEQR process. More information about the expected changes could be found at http://www.dec.ny.gov/permits/83389.html. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kent Sanders, Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9167. E-mail: deppermitting@dec.ny.gov Please include the Part number when emailing.

Division of Environmental Remediation

6 NYCRR Parts 370, 371, 372, 373, 374, and 376, Hazardous Waste Management Regulations ('FedReg5'). This rule making will incorporate, as appropriate, (1) federal rules from January 2002 to present; (2) changes related to Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (MACT rules) from September 1999 to present; and (3) State-initiated changes, including clarification of language and corrections of errors found in the regulations. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Michelle Ching, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553. E-mail: hwregs@dec.ny.gov. Please include 'FedReg5' in the subject line when emailing.

6 NYCRR Parts 370, 371, 372, 373, 374 and 376, Hazardous Waste Management Regulations ('FedReg6'). This rulemaking will incorporate, as appropriate, four federal rules that were adopted between July 31, 2013 and January 13, 2015, which are: (1) Solvent-Contaminated Wipes Rule, published in Federal Register on July 31, 2013, which modifies provisions for laundering and reuse that are currently administered by Program Policy DSW-HW-03-09, 'Regulatory Status of Laundered Industrial Rags and Soiled Clothing;' (2) Carbon Dioxide Sequestration Rule, published in Federal Register on January 3, 2014, which provides a conditional exclusion for carbon dioxide streams in geological sequestration activities; (3) Electronic Manifest Rule, published in Federal Register on February 7, 2014, which provides the legal and policy framework to authorize use of electronic manifests; and (4) Definition of Solid Waste Rule, published in the Federal Register on October 30, 2008 and revised on January 13, 2015. Standards for the Management of Used Oil (6 NYCRR Subpart 374-2) may also be amended. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Michelle Ching, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553. E-mail: hwregs@dec.ny.gov. Please include 'FedReg6' in the subject line when e-mailing.

6 NYCRR Part 375 (Subparts 375-1 to 375-4, and 375-6), Environmental Remediation Programs. DEC proposes to amend subparts 375-1 to 375-4, and 375-6 to: (1) provide additional direction for issues that have been encountered since the rule was promulgated in December 2006; (2) provide additional guidance on processes so as to promote uniformity and consistency; (3) incorporate provisions as specified in Part BB of Chapter 56 of the Laws of 2015 as they pertain to the Environmental Remediation Programs in Part 375; (4) incorporate soil cleanup objective (SCO) changes, if any, resulting from the statutorily required five year review; (5) add or revise multiple provisions to clarify issues that have arisen in the Brownfield Cleanup Program in the course of implementing the program since 2006; (6) make necessary revisions of provisions applicable to the State Superfund Program, including, but not limited to, possibly clarifying the definition of "significant threat;" (7) encourage the incorporation of sustainable remediation and development techniques into cleanup projects covered by this rule; and (8) correct scrivener's errors that have caused inconsistencies and created confusion, replace accidental omissions, and insert clarifications required for amendments to these regulations. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: William Ottaway, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov. Please include 'Part 375' in the subject line when e-mailing.

6 NYCRR Part 380, Prevention and Control of Environmental Pollution by Radioactive Materials. This rule making will amend the Part 380 regulations to incorporate federal rule changes. In addition, several corrections and revisions not related to the federal rules will be done, including: clarifying the regulations in a number of areas such as standards for issuance of a Part 380 permit and language in the variance provision; elimination of redundant provisions; and deletion of obsolete provisions. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Sandra Hinkel, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7255. Telephone: 518-402-9625. E-mail: Regs.Radiation@dec.ny.gov Please include 'Part 380' in the subject line when e-mailing.

6 NYCRR Part 384, Cleanup Criteria for Remediation of Sites Contaminated with Radioactive Material. This rule is being developed to adopt applicable sections of the federal Nuclear Regulatory Commission's (NRC) License Termination Rule (LTR), which establishes cleanup criteria for radiologically contaminated sites, and the Timeliness of Decommissioning Rule, which outlines necessary steps for the planning and implementing of site cleanups. Program staff are coordinating adoption of these rules with the New York State Department of Health and the New York City Department of Health and Mental Hygiene to ensure compatibility, as they also have to adopt applicable sections of these federal rules. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Timothy Rice, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7255. Telephone: 518-402-8579. E-mail: Regs.Radiation@dec.ny.gov Please include 'Part 384' in the subject line when e-mailing.

6 NYCRR Part 483, Hazardous Waste Program Fees. This rule making will amend Part 483 to incorporate statutory changes made to the Hazardous Waste Program Fees in Environmental Conservation Law section 72-0402. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Laura Zeppetelli, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7012. Telephone: 518-402-9764. E-mail: derweb@dec.ny.gov Please include 'Part 483' in the subject line when e-mailing.

6 NYCRR Parts 596, 597, 598, and 599, Chemical Bulk Storage Regulations. In this second phase of rule making for revisions to the Chemical Bulk Storage (CBS) regulations, DEC proposes to repeal Parts 596, 597, 598, and 599 and replace them with a new Part 598 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation from U.S. Environmental Protection Agency (EPA) by incorporating new requirements from the federal regulations that the EPA promulgated in their July 2015 rule making; and (2) incorporate State-initiated changes pertaining to the administration of the CBS program and its consistency with the Petroleum Bulk Storage program, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Part 598' in the subject line when e-mailing.

6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting. This rule making will make permanent the Emergency Adoption that was filed with the Department of State (DOS) on April 25, 2016 to amend Part 597 to add (1) four new hazardous substances to Section 597.3, List of Hazardous Substances; and (2) new language in Section 597.4(a), Prohibition of Releases. An emergency re-adoption is temporary for 60 days and subsequent Notices of Emergency Adoption will be filed with DOS until this rule making is completed. This rule making requires a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Part 597' in the subject line when e-mailing.

6 NYCRR Part 610, Certification of Onshore Major Facilities [Major Oil Storage Facility (MOSF) Regulations]. DEC proposes to repeal and replace Part 610 to: (1) incorporate appropriate language from the New York State Department of Transportation regulations, 17 NYCRR Parts 30, 31 and 32, that pertains to the administration of the MOSF program, which has been solely handled by DEC since 1985; (2) repeal 17 NYCRR Parts 30, 31 and 32; (3) improve the consistency and clarity of language directing the administration of the MOSF program, which will make explicit in regulation the procedures set forth in DEC Program Policy DER-11, Procedures for Licensing Onshore Major Oil Storage Facilities; and (4) enhance monitoring, maintenance, procedures, and equipment requirements to prevent leaks and spills. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Part 610' in the subject line when e-mailing.

6 NYCRR Part 611, Environmental Priorities and Procedures in Petroleum Cleanup and Removal. DEC proposes to repeal and replace Part 611 to incorporate requirements from Article 12 of the Navigation Law, which prohibits the discharge of petroleum and provides for cleanup and removal of any petroleum discharge. Part 611 needs to be revised to achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation from EPA. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kevin Hale, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Part 611'in the subject line when e-mailing.

6 NYCRR Part 613, Petroleum Bulk Storage Regulations. In this second phase of rule making for revisions to the Petroleum Bulk Storage (PBS) regulations, DEC proposes to amend Part 613 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation from EPA by incorporating new requirements from the federal regulations that the EPA promulgated in their July 2015 rule making; and (2) incorporate State-initiated changes pertaining to the administration of the PBS program and its consistency with the CBS program, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Part 613' in the subject line when e-mailing.

Division of Fish and Wildlife

6 NYCRR Part 1, Hunting Regulations for Deer and Bear. DEC is proposing to amend multiple sections of Part 1 to increase hunter opportunity and improve management effectiveness in areas with overabundant deer populations by establishing new muzzleloader seasons in some Wildlife Management Units, lengthening hunting seasons in bowhunting-only units and Deer Management Focus Areas. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Jeremy Hurst, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 1, Section 1.31, Hunting black bear. DEC is proposing to add three Wildlife Management Units (4O, 4S, and 4W) to the list of units included in the Southern Zone Early Bear Season. These amendments may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Jeremy Hurst, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 2, Section 2.1 Hunting hours for deer and bear. The Department is proposing to expand hunting hours for deer and bear to 30 minutes before sunrise and 30 minutes after sunset. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Jeremy Hurst, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 2, Section 2.2, Hunting small game mammals and Part 6, Section 6.2, Mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten trapping seasons and bag limits. The Department is proposing to revise 6 NYCRR Subparts 2.2 and 6.2 to modify the requirement for a special permit to hunt or trap bobcats within the "harvest expansion area" in select Wildlife Management Units (WMUs) in central and western New York including WMUs 3R, 3S, 4A, 4F, 4O, 5R, 6R, 6S, 7S, 8T, 8W, 8X, 8Y, 9J, 9K, 9M, 9N, 9P, 9R, 9S, 9T, 9W, 9X, and 9Y. These amendments may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Schiavone, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 3, Section 3.1, Diamondback terrapins. The Department is proposing to revise 6 NYCRR Subpart 3.1 to close the current open season for harvesting this species. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Dan Rosenblatt, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 10 - Sportfishing Regulations. Every two years DEC makes needed adjustments to freshwater sportfishing regulations for the purposes of keeping the regulations up to date and current with management needs (including individual waters) and to provide for angling opportunity. The amendment of these regulations is necessary to adjust for meeting management needs, and to include appropriate adjustments to seasons, creel limits, and size limits. A Regulatory Initiation Memorandum will be prepared approximately December 2017/January 2018. Regulation changes, once finally adopted would become effective on 4/1/19. This amendment may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Edward Woltmann, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8893. E-mail: ed.woltmann@dec.ny.gov

6 NYCRR Part 36.2 - Commercial fishing in Lake Erie and Lake Ontario. Regulations governing commercial fishing on lakes Erie and Ontario are overly complicated due to numerous revisions that have created conflicts and redundancy, requiring additional and unnecessary administrative burdens. In addition, some regulations are incompatible with current recreational fisheries management principles. Amending these regulations is necessary to reduce administrative burdens, modernize regulations to reflect recreational fisheries management needs, establish standards for reviewing new commercial trap net license applications for Lake Erie, and eliminate unnecessary complexity and redundancies. This amendment may require a Regulatory Flexibility Analysis for Small Businesses and a Rural Area Flexibility Analysis. Contact: Steve LaPan, New York State Department of Environmental Conservation, Bureau of Fisheries, P.O. Box 292, Cape Vincent, NY 13618. Telephone: 315 654 2147. E mail: steven.lapan@dec.ny.gov

6 NYCRR Parts 151, 153, 170, 174 and 182. Amendments to these regulations would be done as one package.

6 NYCRR Part 151, Propagation and Sale of Fur-Bearing Animals. The Department is proposing to amend 6 NYCRR Part 151 to bring the regulations current with changes to ECL 11-1907, which became effective in April 2012. The statutory language now states that the department shall not issue any new licenses after April 1, 2012. The regulatory changes will provide for continued licensing of currently licensed individuals and will prohibit the issuance of new licenses. This amendment may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments but not a Rural Area Flexibility Analysis.

6 NYCRR Part 153, Preserve Licenses. The Department is proposing to amend 6 NYCRR Part 153 to bring the regulations current with changes to multiple Sections of the ECL. The statutory language has removed the requirement for marking domestic game species with a Department provided tag and has extended the shooting season authorized for shooting preserve licenses. The regulatory changes will remove the carcass tagging requirements in Section 153.1 and will extend the shooting season as allowed in Section 153.2. In addition, the requirement for submission of an annual report will be removed from Section 153.1.

6 NYCRR Sections Part 170.1 and 170.3, Miscellaneous Licenses. The Department is proposing to amend 6 NYCRR Sections 170.1 and 170.3 to remove the $1 fee for licenses issued for the importation of fish or wildlife from without to within the state.

6 NYCRR Part 174, Sale of Live Birds. The Department is proposing to amend 6 NYCRR Part 174 to simplify the regulatory language and to clearly state for what purposes a license is required. Part 174 will be repealed in its entirety and a new Part 174 will be written. Changes will also include the removal of the records retention requirement in 174.3(c). This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis.

6 NYCRR Part 182, Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern; Incidental Take Permits. The Department is proposing to rewrite 182.8 to clarify and simplify language in regard to the issuance of certain special licenses associated with the possession, sale and transport of endangered species and parts thereof; and to add special provisions for licensing the sale and distribution of elephant and mammoth ivory and rhinoceros horn as provided in enabling statute ECL 11-0535-a. This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis.

Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 177, Sporting License Issuance and Use. Amend current regulations to update proof of qualifications for certain licenses to be consistent with updated procedures and potential changes necessary to issue sporting licenses as part of a statewide, shared services electronic licensing system that is currently under development. Also, amend current regulations concerning the description of what constitutes a license issued by DEC to allow for electronic sporting licenses to be carried and presented via electronic device(s). This amendment may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis Contact: Mary Bailey, New York State Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4750, Telephone: 518-402-8869. E-mail: mary.bailey@dec.ny.gov

6 NYCRR Part 180, Section 180.1, Wildlife Dangerous to Health or Welfare. The Department is proposing to amend 6 NYCRR Section 180.1 or promulgate a new regulation to address statutory requirements of ECL 11-0511, 11-0512, and 11-0103(6)(e)(5). The statutory language in ECL 11-0512 and 11-0103(6)(e)(5) provides the opportunity for the private possession of animals that are or should be considered too dangerous for possession outside of bona fide zoological gardens. In addition, pursuant to ECL 11-0511, the proposed amendments to Section 180.1 will provide a list of species that have been found to be too dangerous to the public or to the fish and wildlife resources of the state to be possessed in any facility except a bona fide zoological garden certified by the Association of Zoos and Aquariums. This amendment may require a Regulatory Flexibility Analysis for Small Businesses and a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov Please include the Section number when emailing.

6 NYCRR Part 180, Section 180.3 Definition and use of firearms, guns, and airguns. DEC is proposing to modify a proposed rule to define the terms "big bore air rifle" and "air bow" to authorize their use for hunting big game. The revised rulemaking may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Jeremy Hurst, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov Please include the Part number when emailing

6 NYCRR Part 180, Section 180.6. Free sport fishing days. The amendment will specifically designate 6 additional free fishing days that were authorized under Environmental Conservation Law 11-0305(14). Proposed days are: Presidents Day Weekend (February), 3rd weekend in May, National Hunting and Fishing Day (4th Saturday in September) and Veterans Day (November 11th). Providing specific days will allow DEC to more effectively promote these free fishing opportunities, ultimately increasing public participation. This amendment may require a Regulatory Flexibility Analysis for Small Businesses and a Rural Area Flexibility Analysis. Contact: Joelle Ernst, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8891. E-mail: joelle.ernst@dec.ny.gov

6 NYCRR Part 186, Deer feeding. DEC is proposing adoption of a new regulation (6 NYCRR Part 186) to strengthen the general prohibition on feeding of deer, and to institute an integrated pest management (IPM) requirement for the use of 4-Poster Tickicide™. These amendments may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Jeremy Hurst, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 189, Chronic Wasting Disease. Statutory Authority: ECL 3-0301, 11-0325, and 11-1905. These amendments are necessary to strengthen disease prevention measures to prevent the introduction or spread of Chronic Wasting Disease (CWD) in New York. The Department is proposing to prohibit the importation of certain infectious parts of CWD-susceptible cervids, to prohibit the use of urine or products containing urine from CWD-susceptible cervids while hunting, to increase testing of CWD-susceptible cervids held under licenses issued by DEC and to increase monitoring of activities that pose a threat of CWD introduction or spread in New York. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8883. Email: wildliferegs@dec.ny.gov Please include the Part number when emailing.

Pending adoption of Part 186, the Department will also propose repealing existing sections of Part 189 (189.3 [b] and [c] pertaining to the feeding of wild deer) to avoid confusion with the new Part 186.

6 NYCRR Part 182, Endangered and threatened species of fish and wildlife; species of special concern; incidental take permits. The Department is proposing to revise 6 NYCRR Subparts 182.2, 182.5, 182.7, 182.8 and 182.13 as part of three separate rule makings: (1)Threatened and Endangered species list revision; (2) Jurisdictional determination and permit process improvement; (3) Special licenses improvements to address possession of non-native, federally listed species and parts derived therefrom. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Dan Rosenblatt, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov Please include the Part number when emailing.

Office of Climate Change

6 NYCRR Part 492, Climate Smart Community Projects. Statutory Authority: Environmental Conservation Law, §54-1501 - 54-1523. This new regulation will establish the eligible expenditures and procedures for governing the commitment and disbursement of funds associated with this title. Additionally the regulations will include application procedures, review processes, and project approval guidelines and criteria. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, a Rural Area Flexibility Analysis, and a Jobs Impact Statement. Contact: Office of Climate Change, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1030; phone: 518 402-8448; email climatechange@dec.ny.gov please include part number in the subject line when e-mailing.

Office of Hearings and Mediation Services

6 NYCRR Part 622, Uniform Enforcement Hearing Procedures. The Office of Hearings and Mediation Services proposes to clarify procedures governing default procedures and motions for order without hearing, and make various typographical, technical and related corrections throughout. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis. Contact: James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. E-mail: james.mcclymonds@dec.ny.gov

6 NYCRR Part 624, Permit Hearing Procedures. The Office of Hearings and Mediation Services proposes to amend procedures governing issues conferences and interim appeals to the Commissioner from issues rulings by the Administrative Law Judges, to clarify the procedures governing motion practice, to establish procedures governing trade secrets and other confidential information in adjudicatory hearings, to revise certain definitions and to make various typographical, technical and related corrections. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis. Contact: Louis A. Alexander, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 14th Floor, Albany, New York 12233-1010. E-mail: louis.alexander@dec.ny.gov

Division of Lands and Forests

6 NYCRR Part 190, Use of State Lands, Lake Placid to Tupper Lake Recreational Trail. These regulations will guide the management of this recreational corridor. Contact: Francis Sheehan, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250, Telephone: 518 402-9409, E-mail: francis.sheehan@dec.ny.gov

6 NYCRR Part 190, Use of State Lands. Amend section 190.26, Hemlock-Canadice State Forest (Livingston-Ontario State Reforestation Area No.1). These regulations will amend the existing regulations by applying further restrictions on public use to protect the public water supply since Hemlock and Canadice lakes are a direct source of public water for the city of Rochester and other communities. Contact: Robert Messenger, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4255, Telephone: 518 402-9428, E-mail: robert.messenger@dec.ny.gov

6 NYCRR Part 190, Lower Salmon River State Forest. Adopt a new section. These regulations are needed to control public use on lands to be acquired by the Department along the Salmon River in Oswego County. Because of the uniqueness of the area and its uses, specific regulations for the state forest will be developed that are not addressed in the existing Part 190 general regulations. Contact: Robert Messenger, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12203-4255, Telephone: 518 402-9428, E-mail: robert.messenger@dec.ny.gov

6 NYCRR Part 190, Use of State Lands. Amend section 190.10, Unique Areas to include a new section, Rush Oak Openings Unique Area. These regulations will protect the unique area by prohibiting certain activities on the property. Contact: Robert Messenger, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4255, Telephone: 518 402-9428, E-mail: robert.messenger@dec.ny.gov

6 NYCRR Part 510, Unmanned Aircraft. Adopt a new Part 510 to control, track and manage the use of unmanned aircraft systems also referred to as drones on Department of Environmental Conservation owned lands and waters. Contact: Scott McDonnell, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4253, Telephone: 402-9425, E-mail: scott.mcdonnell@dec.ny.gov

6 NYCRR Part 190, Kaaterskill Clove. The amended regulation will address public safety and environmental issues at the Department managed Kaaterskill Clove. Contact: Peter Frank, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, Telephone: 518 473-9518, E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend section 196.7, Operation of Bicycles in the Adirondack Forest Preserve. These regulations will update this section, including the existing list of Adirondack forest preserve wilderness areas where bicycles are prohibited. Contact: Peter Frank, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, Telephone: 518 473-9518, E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend section 196.8, Operation of Motorized Equipment in Wilderness, Primitive, Primitive Bicycle Corridor and Canoe Areas within the Adirondack and Catskill Parks. These regulations will update this section, including establishing a list where motorized equipment is prohibited on existing forest preserve units and newly classified forest preserve units. Contact: Peter Frank, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, Telephone: 518 473-9518, E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 195, Permits for the Erection and Maintenance of Signs, Advertising Structures and Devices in the Adirondack and Catskill Parks. These regulations will allow a modest increase in the size of signs and the distance of signs from businesses. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254, Telephone: 518 473-9518, E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 190, Use of State Lands. Amend section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Saint Regis Canoe Area from overuse by applying restrictions to group size, camping, campfires and other activities. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518,E-mail: peter.frank@dec.ny.gov

Division of Marine Resources

6 NYCRR Part 11, More Than One Species. The Department is proposing amendments that pertain to the management of diadromous fishes, including American eel, for taking, possessing, sale, or trafficking in the Harlem or East Rivers and the Hudson River. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 18, Taking Bait. The Department is proposing amendments that pertain to the management of diadromous fishes to take as bait for sportfishing via the use of fishing devices. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 35, Licenses. The Department proposes to establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. The Department also proposes to reduce the number of types of licenses issued and to increase in the fees charged for certain licenses. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 36, Gear and Operation of Gear. The Department is proposing amendments that pertain to the management of diadromous fishes in the Hudson and Delaware Rivers and are needed to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC) or as directed in the Federal Sustainable Fisheries Act for such species. The amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, E. Setauket, New York 11733. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 40, Marine Fish. The Department proposes to amend regulations pertaining to the management of marine and diadromous fishes to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), or with the requirements of Environmental Conservation Law, or pursuant to the Federal Sustainable Fisheries Act for such species. Proposed amendments will also provide compliance with National Marine Fisheries Service requirements and other federal laws. The Department proposes to amend the regulations to define what methods are allowed for recreational anglers to take fish. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters; and to create a definition for proof of residency and establish the requirement for providing such proof of residency when obtaining marine license and permits. The Department proposes to amend the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits with an acceptable substitute for 50 percent of earned income and tax records and make changes to striped bass commercial fishing permit reissuance and striped bass commercial permit tag provisions. New regulations will be proposed to make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. The Department proposes to adopt regulations to establish a commercial eel permit with reporting requirements statewide, and to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. The proposed amendments will adopt changes to the shipping, labeling and packing requirements to require harvester's fishing vessel trip report numbers on labels for quota managed species and adopt regulations to clarify provision for records retention by food fish shippers and dealers. The Department proposes amendments to establish seasonal area gear closures to decrease bycatch of Atlantic sturgeon. In order to comply with NOAA requirements, the Department proposes amendments to coastal shark regulations to prohibit the harvest of blacknose sharks, allow a limited exception for smoothhound sharks (smooth dogfish) to the general prohibition on landings sharks without fins attached, allow for seasonal adjustments of landing limits for large coastal sharks, and adopt measures to decrease bycatch of dusky sharks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, the Department will propose to amend regulations that specify the classification (certified or uncertified) of shellfish lands. These amendments are necessary to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified or closed to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified (open) for the taking of shellfish. Shellfish are defined in law as oysters, scallops, and all kinds of clams and mussels. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: William Hastback, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0479. E-mail: william.hastback@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 42, Sanitary Control over Shellfish. The Department proposes to amend regulations pertaining to the sanitary, record keeping, and reporting requirements and to require Vibrio control plans and introduce educational requirements, as necessary, to protect public health and allow for the modification of any conditions placed on permit activities after the permit has been issued for shellfish harvesters and shippers needed to comply with the guidelines of the National Shellfish Sanitation Program (NSSP), the federal regulations regarding interstate shipment of shellfish, and the Environmental Conservation Law. The proposed regulations will modify the descriptions of allowable activities under each category of shellfish shipper permits and the harvester permit consistent with the NSSP and the Environmental Conservation Law and amend and clarify descriptions of shellfish harvest areas to clearly delineate geographical sites where shellfish are harvested. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Susan Ritchie, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0494. E-mail: susan.ritchie@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. The Department proposes to amend regulations pertaining to the management of surfclams and ocean quahogs that are consistent with the provisions of fishery management plans adopted by the Department and allow for the orderly implementation of any changes to the Environmental Conservation Law for the surfclam fishery. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Jennifer O'Dwyer, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0489. E-mail: jennifer.odwyer@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 44, Lobsters and Crabs. The Department proposes to amend regulations pertaining to the management of lobsters, decapod crabs, and horseshoe crabs to maintain the health of such species and to prevent the introduction of exotic species. These proposed regulations will comply with fishery management plans developed by the Atlantic State Marine Fisheries Commission (ASMFC) for these species and with requirements of the Environmental Conservation Law. The proposed regulations will include general provisions consistent with those found in Part 40. The proposed amendments will allow for flexibility in the type of vent used in crab traps, mandatory use of terrapin excluder devices on crab traps, establish open crab dredge seasons and areas, and revise blue crab size limits. The Department will propose to modify the crab endorsement language to mirror the language used for lobster and finfish endorsement. The Department proposes to adopt regulations to implement the new ASMFC Interstate Fishery Management Plan for Jonah Crab which will include a special permit, size limit, bycatch limit, rules on harvest of parts, effort controls and other management measures based on details of the plan. The Department proposes to clarify current language and remove unnecessary regulations. Horseshoe crabs regulations will be proposed to allow more control over the harvest and storage of horseshoe crabs and modify daily trip limit language. Rules will also be developed to prohibit the importation, possession and use of Asian horseshoe crabs. ASMFC will be developing an Addendum to the lobster management plan to scale the size of the Southern New England lobster fishery to the size of the resource and to respond to the continued depletion of the stock. The Department will propose lobster regulations based on the details of the Addendum. The Department will propose rules to prohibit the liberation of non-local crustaceans into New York's marine district. Rules will be developed to modify lobster trap tag allocations in order to implement trap transferability program. The Department will also develop rules to establish a minimum age for the non-commercial lobster license. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Division of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0454. E-mail: kim.mckown@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 48, Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life. The Department proposes to amend regulations pertaining to the sale of cultured food fish and other cultured food products for consumption or resale. The proposed regulations will amend requirements for marking and identification of cultivation products in commercial markets, requirements for permits, and record keeping and reporting requirements. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Wade Carden, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0481. E-mail: wade.carden@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 49, Shellfish Management. The Department proposes to adopt regulations for the management of hard clams, soft or steamer clams and razor clams. The management measures include provisions for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, record keeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. The Department proposes to amend regulations pertaining to the possession of oysters of less than legal size which is needed to ensure enforceability and compliance with the minimum size requirements for harvest of wild (natural) oysters in the marine district. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0477. E-mail: debra.barnes@dec.ny.gov Please include the Part number when emailing.

6 NYCRR Part 50, Miscellaneous Marine Species. The Department proposes to adopt new regulations for the protection and management of various other marine species. The immediate need is for the adoption of regulations for the protection and management of whelks (also known as conch, Busycon spp). These regulations will include size limits, specifications for marking and placement of whelk fishing gear, trap limits and other regulations necessary to manage the whelk fishery. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0454. E-mail: kim.mckown@dec.ny.gov Please include the Part number when emailing.

Division of Materials Management

6 NYCRR, Part 325, Rules and Regulations Relating to the Application of Pesticides. Part 325 will be amended to adopt regulations on the use of pesticides classified by the USEPA as exempt from the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act. These pesticides are commonly known as 25(b) or minimum risk pesticides. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Anthony Lamanno, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: pestcomp@dec.ny.gov Please include the Part number when e-mailing.

6 NYCRR, Part 325, Rules and Regulations Relating to the Application of Pesticides. Part 325 will be amended to incorporate the proposed changes to the federal certification and training regulations in 40 CFR Part 170 and update the current pesticide use regulations. As part of this rulemaking, associated revisions will be made to Part 321 Pesticides in Grape Vineyards, Chautauqua County, Northern Townships, Part 322 Pesticides In Grape Vineyards, Niagara County, Part 323 Pesticides In Grape Vineyards, Chautauqua County, Southern Townships, Part 324 Pesticides In Grape Vineyards, Erie County, and Part 326 Registration and Classification of Pesticides. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Richard Dickinson, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8748. E-mail: pestmgt@dec.ny.gov Please include the Part number when e-mailing.

6 NYCRR, Part 327, Rules and Regulations Relating to the Use of Chemicals for the Control or Elimination of Aquatic Vegetation. Part 327 will be amended to reflect the current statutory requirement of the Environmental Conservation Law. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Anthony Lamanno, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: pestcomp@dec.ny.gov Please include the Part number when e-mailing.

6 NYCRR, Part 328, Rules and Regulations Relating to the Use of Chemicals for the Control or Elimination of Undesirable Fish. Part 328 will be amended to reflect the current statutory requirement of the Environmental Conservation Law. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Anthony Lamanno, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: pestcomp@dec.ny.gov Please include the Part number when e-mailing.

6 NYCRR, Part 329, Rules and Regulations Relating to the Use of Chemicals for the Control or Elimination of Aquatic Insects. Part 329 will be amended to reflect the current statutory requirement of the Environmental Conservation Law. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Anthony Lamanno, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: pestcomp@dec.ny.gov Please include the Part number when e-mailing.

6 NYCRR Part 367, Returnable Beverage Containers. This rulemaking will incorporate revisions to the statute that specifically changed and, in some cases, change the Part 367 regulations that were promulgated in 1983; reflect changes in the way the industry and the regulated community now complies with these regulations; and include changes that will lead to improved compliance and enforcement. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Jennifer Kruman, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8706. E-mail: nybottle@dec.ny.gov Please include the Part number when e-mailing.

6 NYCRR Part 368, Product Stewardship and Labeling. This rulemaking will rename and include changes to the existing Recycling Emblem regulations in 6 NYCRR Part 368 to be consistent with national labeling guidelines for recycling terms. It will also include developing regulations for mercury-added consumer products labeling, and product stewardship requirements for the E-Waste take back program resulting from legislation adopted in 2010 for E-Waste management. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Peter Pettit, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8706. E-mail: pswr@dec.ny.gov Please include the Part number when e-mailing.

Division of Mineral Resources

6 NYCRR Parts 420, 421, 422, 423, and 425. The Department is proposing to amend 6 NYCRR Parts 420 to 425 to: (1) clarify ambiguous sections; (2) strengthen portions of the regulations; (3) reflect changes in the regulatory fee structure and civil penalties; and (4) reflect changes in scientific knowledge. Amendments to these regulations would be done as one package.

6 NYCRR Part 420, General. Amend current regulations to expand the definitions to include words used to describe abandonment, technical terms associated with blasting, bluestone, and other terms to ensure consistency with the Mined Land Reclamation Law.

6 NYCRR Part 421, Permits. Amend current regulations to: (1) add language requiring a mining termination notice to be filed if a complete renewal application is not received within 30 days of the expiration of the permit; (2) add a section codifying the criteria for determining if an excavation is exempt from requiring a mining permit; (3) update the annual regulatory fee schedule to be consistent with the current rates; and (4) restore the alterations and modifications section for proposed changes that are ministerial in nature.

6 NYCRR Part 422, Mined Land-Use Plan. Amend current regulations to: (1) revise the language for mined land-use plan requirements; (2) add an expanded section describing the required elements for the graphic portion of the mined land-use plan; and (3) add expanded sections addressing dust control, noise control, visual pollution, water resource protection, sediment and erosion control, and blasting.

6 NYCRR Part 423, Reclamation Bond. Amend current regulations to replace the word bond with financial security throughout the section to reflect the variety of financial instruments that may satisfy the need for financial assurance for reclamation.

6 NYCRR Part 425, Civil Penalties. Amend current regulations to change civil penalties amounts to reflect changes made to ECL §71-1307(1) subsequent to the last revisions to the regulations.

This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Matthew Podniesinski, New York State Department of Environmental Conservation, Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, NY 12233-6500. Telephone: 518-402-8076. E-mail: matthew.podniesinski@dec.ny.gov. Please include the Part number when emailing.

Division of Operations

6 NYCRR 623: Use of Environmental Education Centers. The Department is proposing to revise 6 NYCRR 623: Use of Environmental Education Centers to include Reinstein Woods Environmental Education Center, update appropriate uses of the education centers, and make the regulations consistent with relevant sections of Part 190: Use of State Lands. This rulemaking will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Tom Shimalla, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-5256. Telephone: 518-402-8043. E-mail: edcenterregs@dec.ny.gov Please include the Part number when emailing.

Division of Water

6 NYCRR Parts 750-758 - State Pollutant Discharge Elimination System. Revisions are needed to multiple Parts of 6 NYCRR to reflect changes made in 2003 to Part 750 and the repeal of Parts 751-758. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Michelle Tompkins, Regulatory Coordinator, Division of Water, 625 Broadway, Albany, New York 12233. Telephone: 518-402-8233. E-mail: michelle.tompkins@dec.ny.gov

6 NYCRR Part 602 - Long Island Agricultural Water Wells. Revisions are needed to reflect that the permit exemption for agricultural water wells on Long Island was eliminated in 1992 by the introduction of paragraph 7 of ECL §15-1527. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Angus Eaton, Director of Bureau of Water Resource Management, Division of Water, 625 Broadway, Albany, New York 12233. Telephone: 518-402-8099. E-mail: angus.eaton@dec.ny.gov

6 NYCRR Part TBD - Waste Water Reuse. Regulations are needed to reflect the provisions in 6 ECL § 15-0605 regarding water efficiencies and the promotion of the reuse of reclaimed wastewater. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Angus Eaton, Director of Bureau of Water Resource Management, Division of Water, 625 Broadway, Albany, New York 12233. Telephone: 518-402-8099. E-mail: angus.eaton@dec.ny.gov

6 NYCRR Part 502 - Floodplain Management Criteria for State Projects. Revisions will update language to comply with enabling legislation and will update criteria to comply with changes in Federal Emergency Management Agency regulations and New York State Building Code. Part 502 was last updated in 1984. Revisions will include updated definitions, clarifying floodway encroachment requirements, changing lowest floor elevation requirements to reflect the Building Code of New York State, and clarifying the variance application and decision process. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Alan Fuchs, Director Bureau of Flood Protection and Dam Safety, Division of Water, NYSDEC, Albany, NY 12233-3507 Telephone 518-402-8185. E-mail: alan.fuchs@dec.ny.gov

6 NYCRR Parts 700 - 706 Water Quality Standards. Revisions will add/revise ambient water quality standards, standard-setting procedures, implementation procedures, and other regulatory provisions. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Scott Stoner, Chief, Standards and Analytical Support Section, Bureau of Water Quality Management, Division of Water, NYSDEC, Albany, NY 12233-3502. Telephone 518-402-8193. E-mail: scott.stoner@dec.ny.gov

6 NYCRR Part 505 - Coastal Erosion Management Regulations. Part 505 of 6 NYCRR was last amended in March 1988. Revisions will include clarifying definitions, adding new defined terms, and clarifying language regarding regulated activities in natural protective features areas. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Alan Fuchs, Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402- 8185. E-mail: alan.fuchs@dec.ny.gov

6 NYCRR Part TBD, Water Well Registration and Reporting. A new Part will be developed in conjunction with ECL 15-1525 to establish registration, reporting, certification, and enforcement provisions. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Mike Holt, Section Chief, Bureau of Water Resource Management, Division of Water, 625 Broadway, Albany, New York 12233. Telephone: 518-402-8099. E-mail: michael.holt@dec.ny.gov

6 NYCRR Part 485 - State Pollutant Discharge Elimination System (SPDES) Program Fees. The SPDES program fees were changed in 2009 through amendments to ECL Section 72-0602. Part 485 will be amended to conform the SPDES fees in regulation to the fees in statute. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Koon Tang, Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-8111. E-mail: koon.tang@dec.ny.gov

6 NYCRR Part 500 - Flood Plain Management Regulations Development Permits (BFP&DS). This Part of 6 NYCRR will be repealed. Changes made to ECL Article 36 in 1992 removed this requirement from law. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Alan Fuchs, Director, Bureau of Flood Protection and Dam Safety, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402- 8111. E-mail: alan.fuchs@dec.ny.gov

6 NYCRR Part 651 - State Aid for Collection, Treatment and Disposal of Sewage - Cost of Operation and Maintenance of Sewage Treatment Plants. Due to a lack of appropriations for this program for several years, this Part of 6 NYCRR will be repealed. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Koon Tang, Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402- 8111. E-mail: koon.tang@dec.ny.gov

6 NYCRR Part 750 - State Pollutant Discharge Elimination System (SPDES) Permits. Revisions are necessary to incorporate new federal criteria and standards. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Koon Tang, Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402- 8111. E-mail: koon.tang@dec.ny.gov

6 NYCRR Part 910 - St. Lawrence River Drainage Basin. Revisions will reclassify surface waters as needed to provide water quality protection consistent with designated best usages, as well as the Clean Water Act (CWA) Section 101(a)(2) goals. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Scott Stoner, Chief, Standards and Analytical Support Section, Bureau of Water Quality Management, Division of Water, NYSDEC, Albany, NY 12233-3502. Telephone 518-402-8193. E-mail: scott.stoner@dec.ny.gov

This agenda was compiled, edited and submitted by:
Ruth L. Earl
Agency Regulatory Coordinator
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
Telephone 518-402-2791
E-mail: ruth.earl@dec.ny.gov

SAPA Section 207 -- 3-Year Rule Review

Each year, pursuant to SAPA, the department publishes a Review of Rules in the State Register and on its website. This is a review of department rules adopted 3 years previous.

The following rules were adopted by the New York State Department of Environmental Conservation (Department or DEC) during 2014, and pursuant to SAPA Section 207 have been reviewed. Comments on the rules that are being amended this year should be directed to the contact person listed in the main body of the Regulatory Agenda. Comments on any rules that are not being changed at this time will be accepted for 45 days from the date of publication in the State Register and should be directed to the regulatory coordinator for the appropriate program, as listed below the rules.

Division of Air Resources

6 NYCRR Section 200.1, Definitions. On September 3, 2014 DEC finalized an amendment to section 200.1 that modified the definition of "nonattainment area" in subdivision 200.1(av). This action removed paragraph 200.1(av)(2) - which had previously listed counties in nonattainment for PM2.5 - since it was no longer applicable (i.e., all counties in New York State attained the PM2.5 National Ambient Air Quality Standards). This continues to hold true, so no further actions regarding section 200.1(av) are planned.

6 NYCRR Part 227-3, 237, and 238 Implement Cap-and-Trade programs that reduce NOx and SO2 emissions from Major Stationary Sources. Repealed.

Contact: Richard McAuley, Regulatory Coordinator for the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8438. E-mail: air.regs@dec.ny.gov

Division of Fish and Wildlife

6 NYCRR Part 59. State Boat-Launching Sites, Fishing-Access Sites and Fishing Rights Areas. Section 59.4. Aquatic invasive species control at state boat launch and fishing access sites. Statutory Authority: 3-0301,9-0105, 9-1709, 11-0303, 11-0305, 11-0317, 11-0325, 11-1301, 11-1303, 11-1316, 11-2101). This new section was added to Part 59 in 2014 to prevent the spread of aquatic invasive species to and from Department-administered boating access facilities. These regulations remain adequate for this purpose and no amendments are required at this time.

6 NYCRR Part 1, Section 1.31, Hunting black bear. Hunting seasons for black bear. Statutory Authority: Environmental Conservation Law Section 11-0907. In 2014, this amendment expanded black bear hunting opportunities to help stabilize or reduce bear populations. In 2017, we are proposing an amendment to this regulation to expand bear hunting seasons to three Wildlife Management Units in the Southern Zone to better manage the black bear population and minimize bear-human conflicts.

6 NYCRR Part 180, Section 180.12, Taking of Free-Ranging Eurasian Boars and Interference with Department Authorized Eradication Efforts. Statutory authority: Environmental Conservation Law Sections 11-0514 and 11-0303. In 2014, Section 180.12 was added to prohibit the taking of Eurasian boars by hunting or trapping in order to support eradication efforts of USDA and DEC. This regulation will not be amended at this time.

6 NYCRR Part 2, Section 2.3, Hunting with a crossbow. Statutory Authority: Environmental Conservation Law Sections 11-0303 and 11-1901. In 2014, this regulation amended section 2.3 to authorize use of a crossbow during certain big game and small game hunting seasons. This regulation will not be amended at this time.

6 NYCRR Part 1, Section 1.24, Special firearms deer season in Suffolk County. Statutory authority: Environmental Conservation Law Sections 11-0303, 11-0903, 11-0907, 11-0911, 11-0913, 11-0929 and 11-0931. In 2014, this regulation expanded and simplified deer hunting seasons and regulations in Suffolk County. This regulation will not be amended at this time.

6 NYCRR Part 189, Chronic Wasting Disease. Statutory Authority: Environmental Conservation Law Sections 3-0301, 11-0325, and 11-1905. The rule adopted in 2014 prevented the importation of chronic wasting disease infectious material from Ohio into New York State. We are proposing an amendment to this regulation during 2017 to prohibit the use of urine-based lures for deer hunting, to prohibit the importation of wild cervid carcasses from outside the state and to increase the testing and monitoring associated with activities that pose a threat of introduction or movement of Chronic Wasting Disease in New York.

Contact: Lucretia Paulsen, Regulatory Coordinator for the Division of Fish and Wildlife, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4750. Telephone: (518) 402-8924. E-mail: lucretia.paulsen@dec.ny.gov

Division of Lands and Forests

6 NYCRR Part 575, Prohibited and Regulated Invasive Species. Environmental Conservation Law article 9, Title 17, Environmental Conservation Law sections 1-0101, 3-0301, 9-0105, 9-1303, 9-1701, 9-1705, 9-1707, 9-1709,11-0507,11-0509,11-0511, 71-0703, 71-0307 and Agriculture and Markets Law (AML) section 167 (3-a), AML article 9, article 11 and article 14. This regulation is needed to control invasive species by reducing the introduction of new and the spread of existing populations in the state. No amendments to this regulation are planned for the coming year since implementation has been satisfactory.

6 NYCRR Part 59 and Part 190, Transport of Aquatic Invasive Species To and From Department Boat Launches. Environmental Conservation Law sections, 11-0303-01, 11-0305-09,11-2101, 3-0301(d),9-0105 (1) and 9-1709. This regulation is needed to prevent the spread of aquatic invasive species to and from waters that the Department provides boating access to. No amendments to this regulation are planned for the coming year since implementation has been satisfactory.

Contact: Linda Kashdan-Schrom, Regulatory Coordinator for the Division of Lands and Forests, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4250 Telephone: (518) 402-9405 E-mail: linda.kashdan-schrom@dec.ny.gov

Division of Marine Resources

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory Authority: Environmental Conservation Law sections 13-0307 and 13-0319. Part 41 was amended to reclassify portions of shellfish growing areas in Hempstead Bay, Nicoll Bay, Moriches Bay, Shinnecock Bay, Cold Spring Pond, Three Mile Harbor, Acabonac Harbor, Gull Pond, Great Peconic Bay, Smithtown Bay, and Lloyd Harbor as closed to the harvest of shellfish based on recent analyses of bacteriological water quality data from these areas. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause illness in those individuals who consume them. Bacteriological water quality testing is an ongoing task; shellfish lands will be classified as necessary based on the results of the water quality studies. Part 41 will be amended as needed.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory Authority: Environmental Conservation Law sections 13-0307 and 13-0319. Part 41 was amended to reclassify portions of shellfish growing areas in Great South Bay, Sag Harbor, Northwest Creek, Wickham Creek, Mattituck Creek, Hashamomuck Pond as seasonally uncertified (closed seasonally) or uncertified (closed) to the harvest of shellfish based on recent analyses of bacteriological water quality data from these areas. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause illness in those individuals who consume them. Bacteriological water quality testing is an ongoing task; shellfish lands will be classified as necessary based on the results of the water quality studies. Part 41 will be amended as needed.

6 NYCRR Part 40 Marine Fish. Statutory authority: Environmental Conservation Law sections 11-0303, 13-0105, 13-0340-b, and 13-0340-f. Part 40 was amended to decrease the recreational size limit for summer flounder, reduce the recreational fishing season and increase the possession limit. These regulations also reduced the recreational fishing season for black sea bass. This rule has since been modified in 2015 and 2016 to ensure that New York State continues to satisfy the requirements of the Atlantic States Marine Fisheries Commission summer flounder and black sea bass fishery management plan. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate management plans.

6 NYCRR Part 10, Sportfishing; Part 11, More Than One Species; Part 19, Use of Bait; Part 36, Gear and Operation of Gear; Part 37, Sale of Certain Lake Ontario Fish Prohibited; and Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0303,11-0305, 11-0306, 11-0317, 11-0319, 11-1301, 11-1303, 11-1305, 11-1319, 11-1501, 11-1503, 11-1505, 13-0105, 13-0339-a and 13-0371. These amendments were necessary to reduce fishing mortality of American eel in New York State to promote stable fish populations, and to remain in compliance with the Atlantic States Marine Fisheries Commission interstate fishery management plan for American eel. These regulations will be amended as necessary for New York to remain in compliance with federal rules and interstate management plans.

6 NYCRR Part 40 Marine Fish. Statutory authority: Environmental Conservation Law, sections 11-0303 and 13-0338. Part 40 was amended to ensure State regulations are consistent with Federal rules and maintain compliance with the ASMFC Interstate Fishery Management Plan for Coastal Sharks. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate management plans.

Contact: Maureen Davidson, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733 Telephone: (631) 444-0483 E-mail: maureen.davidson@dec.ny.gov

This review was compiled, edited and submitted by:
Ruth L. Earl
Agency Regulatory Coordinator
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
Telephone 518-402-2791
E-mail: ruth.earl@dec.ny.gov

SAPA Section 207 -- 5-Year Rule Review

Each year, pursuant to SAPA, the department publishes a Review of Rules in the State Register and on its website. This is a review of department rules adopted 5 years previous.

The following rules were adopted by the New York State Department of Environmental Conservation (Department or DEC) during 2012, and pursuant to SAPA Section 207 have been reviewed. Comments on the rules that are being amended this year should be directed to the contact person listed in the main body of the Regulatory Agenda. Comments on any rules that are not being changed at this time will be accepted for 45 days from the date of publication in the State Register and should be directed to the regulatory coordinator for the appropriate program, as listed below the rules.

Division of Air Resources

6 NYCRR Part 200, General Provisions. Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 3-0303, 11-0303, 11-0305, 11-0535, 13-0105, 15-0109, 15-1903, 16-0111, 17-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 19-0319, 19-0323, 24-0103, 25-0102, 34-0108, 49-0309, 70-0109, 71-2103, 71-2105, 72-0303; Energy Law Sections 3-101, 3-103; Public Authorities Law Sections 1850, 1851, 1854, 1855; Federal Clean Air Act Sections 160-169, 171-193 [42 U.S.C. 7470-7479; 7501-7515]. Amendments to Part 200 were most recently adopted in January 2016. These revisions amended Part 200 to incorporate by reference the most recent editions of 40 CFR 60 (2013), Subpart A, Subparts D - FFFF, Subparts KKKK - end; and 40 CFR 63 (2012 and 2013), Subpart A, Subpart B, Subparts F - I, Subparts L - YYYY, Subparts AAAAA - IIIII, Subparts LLLLL - HHHHHH, and Subparts LLLLLL - end. The amendments also removed all references to the now outdated 40 CFR 63 Subpart ZZZZ (2009) (reciprocating engines). The Department did not incorporate 40 CFR 63 Subpart ZZZZ (2013). These changes will achieve parity between existing federal requirements and the State's regulatory program. These amendments were adopted in January 2016. No further amendments will be made at this time.

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, 71-2105; Federal Clean Air Act, §177. Part 218 was amended in 2012, 2015, and 2016 to incorporate California's low emission vehicle (LEV), zero emission vehicle (ZEV), and greenhouse gas (GHG) new vehicle emission standards, and environmental performance label, aftermarket catalytic converter, and warranty requirements. These changes were necessary to maintain the federal Clean Air Act Section 177 identicality requirement, to achieve necessary emission reductions for the attainment and maintenance of ozone and carbon monoxide standards, and to realize greenhouse gas emission reductions. The Department may amend Part 218 to clarify aftermarket catalytic converter requirements under Subpart 218-7, Aftermarket Parts.

6 NYCRR Subpart 219-9, Emission Guidelines and Compliance Schedules for Existing Sewage Sludge Incineration Units. Statutory authority: Public Health Law, §§1271, 1276; Environmental Conservation Law, §§ 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 19-0319, 20-0109, 71-2103, 71-2105. Subpart 219-9 was amended in May 2012. No amendments planned at this time.

6 NYCRR Part 231, New Source Review for New and Modified Facilities. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-01017, 19-0301, 19-0302, 19-0303, 19-0305; Federal Clean Air Act Sections 160-169, 171-193 [42 U.S.C. 7470-7479; 7501-7515]. Part 231 was amended in 2011. Further amendments are currently being evaluated.

6 NYCRR Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, 71-2105. Part 248 was adopted and amended in 2013 to make it consistent with the amendments to New York ECL 19-0323 and related court decisions. No further amendments will be made at this time.

6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities. Statutory authority: Environmental Conservation Law sections , 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, and 19-0312. Part 251 was adopted in June 2012. Further amendments are currently being evaluated.

Contact: Richard McAuley, Regulatory Coordinator for the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8438. E-mail: air.regs@dec.ny.gov

Office of Environmental Justice

6 NYCRR Part 487, Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10. Statutory authority: Public Health Law, §§1271, 1276; Environmental Conservation Law, §§ 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 19-0319, 20-0109, 71-2103, 71-2105. No amendments planned at this time.

Contact: Lisa DeJesus, Acting Director for the Office of Environmental Justice. New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1750. Telephone: 518-402-8556. E-mail: lisa.king-dejesus@dec.ny.gov

Division of Environmental Permits

6 NYCRR Part 617.20 Appendixes A-C, Statutory Authority Environmental Conservation Law, Article 8. This rule amends the environmental assessment forms. The purpose of the rule is to update the environmental assessment forms. This rule was finalized on January 25, 2013. No further amendments will be made at this time.

Contact: Kent Sanders, Regulatory Coordinator for the Division of Environmental Permits. New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1750. Telephone: 518-402-9178. E-mail: depprmt@dec.ny.gov

Division of Fish, Wildlife, and Marine Resources

6 NYCRR Part 10. Sportfishing Regulations. Statutory Authority: 3-0301,11-0303, 11-0305, 11-0306, 11-0315, 11-0317, 11-0319, 11-0325, 11-1301, 11-1303, 11-1305, 11-1316, 11-1319, 11-1501, 11-1503, 11-505, 13-0105, 13-0339, 13-0371;arts. 3, 11, 13. These regulations are typically amended biannually for the purposes of adjusting the regulations pertaining to the management of freshwater sportfish including appropriate adjustments to freshwater fishing seasons and allowable creel limits & size limits, as well as for gear requirements, the use of baitfish and other requirements related to freshwater angling. The review process also results in eliminating special regulations that are no longer warranted. This rule was amended through the establishment of subsequent sportfishing rules for the 2015 licensing year (effective April 1, 2015) and amendments are also proposed for the 2017 licensing year (effective April 1, 2017).

6 NYCRR Part 35. Licenses. Section 35.2. Taking bait fish with nets and traps for commercial purposes. Statutory Authority: 3-0301, 9-0105, 11-0303, 11-0305, 11-0306, 11-0315, 11-0317, 11-0319, 11-0325, 11-1301, 11-1303, 11-1305, 11-1315 - 11-1317, 11-1319, 11-1501, 11-1503, 11-505, 11-2101,13-0105, 13-0339, 13-071). These regulations apply to the commercial collection and sale of bait fish in New York State. Section 19.2 provides a list of waters where bait fish can be legally harvested for commercial purposes. Seven waters were added to the list in 2012. This list is adequate and no further amendments are required at this time.

6 NYCRR Part 155. Sale of Black Bass. Statutory Authority: 11 -0507-01, 11-13-19, 11-1909, 11-1909-02). These regulations govern the transportation and sale of hatchery reared black bass (primarily largemouth bass and smallmouth bass) in New York State. The 2012 amendment was designed to expand opportunities for live black bass raised by aquaculturists to be sold for food in New York State. The changes made in 2012 remain adequate to accomplish this objective and no amendments are required at this time.

6 NYCRR Part 189, Chronic Wasting Disease. Statutory Authority: Environmental Conservation Law Sections 3-0301, 11-0325, and 11-1905. The rule adopted in 2012 prevented the importation of chronic wasting disease infectious material from Maryland into New York State. We are proposing an amendment to this regulation during 2017 to prohibit the use of urine-based lures for deer hunting, to prohibit the importation of wild cervid carcasses from outside the state and to increase the testing and monitoring associated with activities that pose a threat of introduction or movement of Chronic Wasting Disease in New York.

6 NYCRR Part 1, Section 4.1, Hunting Deer and Bear and Wildlife Management Unit Descriptions. Statutory authority: Environmental Conservation Law Sections 11-0303, 11-0903, 11-0907, 11-0911, 11-0913, 11-0929 and 11-0931. The rule adopted in 2012 implemented strategies of the Management Plan for White-tailed Deer in New York State including establishing a 3-day youth firearms season for deer, lengthening the bowhunting seasons in the Southern Zone, lengthening regular seasons (bowhunting only) in Westchester County, adjusting the Northern Zone muzzleloader and regular season start dates, allowing bowhunting during the late muzzleloading season in the Northern, allowing Deer Management Permits (DMPs) to be used during Northern Zone bow and early muzzleloader seasons, establishing mandatory antler restrictions in Wildlife Management Units (WMUs) 3A, 4G, 4O, 4P, 4R, 4S, and 4W, simplifying the description of the area open for deer hunting during the January firearms season on Long Island (Suffolk County), establishing provisions for designation of Deer Management Focus Areas to intensify use of traditional hunting in specifically designated geographic areas to assist communities with the burden of overabundant deer populations, adjusting bear seasons to remain consistent with bow, muzzleloader and regular seasons for deer, correcting boundary descriptions for WMUs, and reorganizing and clarifying various sections of Part 1 to make deer hunting regulations easier to understand and eliminate inconsistencies or redundancy. In 2017, the Department is proposing to amend multiple sections of Part 1 to increase hunter opportunity and improve management effectiveness in areas with overabundant deer populations.

Contact: Lucretia Paulsen, Regulatory Coordinator for the Division of Fish and Wildlife, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4750. Telephone: (518) 402-8924. E-mail: lucretia.paulsen@dec.ny.gov

Division of Lands and Forests

6 NYCRR Part 196, Mechanically Propelled Vessel Use Restrictions on Thirteenth Lake. Environmental Conservation Law sections, 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(b), 3-0301(1)(d), 3-0301(2)(m), 9-0105(1), Executive Law section 816(3) and Article XIV, section 1 of the New York State Constitution. This regulation is needed to prohibit the use of mechanically propelled vessels, other than electric powered vessels on Thirteenth Lake. No amendments to this regulation are planned for the coming year since implementation has been successful.

6 NYCRR Part 193, Protected Native Plants. Environmental Conservation Law sections, 9-0105(1), 9-0105(3) and 9-1503. This regulation is needed to protect endangered, threatened, and exploitably vulnerable plants by updating the Protected Native Plants list. No amendments to this regulation are planned for the coming year since implementation has been successful.

6 NYCRR Part 192, Firewood Restrictions to Protect Forests from Invasive Species. Environmental Conservation Law sections, 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(b), 3-0301(1)(d), 3-0301(2)(m), 9-0105(1), 9-0105(3) and 9-1303. This regulation is needed to protect New York State's forests from invasive insects and diseases carried on firewood and introduced into non- infested forests. No amendments to this regulation are planned for the coming year since implementation has been successful.

Contact Linda Kashdan-Schrom, Regulatory Coordinator for the Division of Lands and Forests, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4250. Telephone: 518-402-9417. Email: linda.kashdan-schrom@dec.ny.gov

Division of Marine Resources

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory Authority: Environmental Conservation Law sections 13-0307 and 13-0319. Part 41 was amended to close portions of shellfish growing areas in Nicoll Bay, Connetquot River, and the New Suffolk marina to the harvest of shellfish based on recent analyses of bacteriological water quality data from these areas. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause illness in those individuals who consume them. Bacteriological water quality testing is an ongoing task; shellfish lands will be classified as necessary based on the results of the water quality studies. Part 41 will be amended as needed.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law sections 11-0303, 13-0105 and 13-0340-d. Part 40 was amended to decrease the recreational fishing season for tautog (blackfish) and increase the minimum size for both the recreational and commercial tautog fisheries. These regulations were necessary to prevent New York State anglers and harvesters from exceeding the State's assigned harvest limit for tautog and allow New York State to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) tautog management plan. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 42, Sanitary Control Over Shellfish; Part 48, Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life; and Part 49, Shellfish Management. 13-0316, 13-0319, 13-0323, and 13-0327. The amendments were necessary to authorize the sale and shipment of cultivated bay scallops and oysters of less than legal size for consumption and resale. The amendments exempt cultured bay scallops and oysters from the size limits for wild caught bay scallops and oysters. This regulation will not be amended at this time.

6 NYCRR Part 40 Marine Fish. Statutory authority: Environmental Conservation Law sections 13-0105, 13-0340-b, 13-0340-e, and 13-0340-f. Part 40 was amended to increase the summer flounder recreational possession limit and to reduce the recreational minimum length; to adjust the scup recreational season and increase the scup recreational possession limit; and to adjust the black sea bass recreational season and increase the recreational possession limit. This rule has since been modified in 2013, 2014, 2015, and 2016 to ensure that New York State continues to satisfy the requirements of the Atlantic States Marine Fisheries Commission summer flounder, scup and black sea bass fishery management plan. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate management plans.

6 NYCRR Part 10, Sportfishing; Part 11, More Than One Species; Part 18, Taking Bait; Part 19, Use of Bait; Part 35, Licenses; Part 36, Gear and Operation of Gear; and Part 40, Marine Fish. Environmental Conservation Law, sections 11-0303, 11-0305, 11-0315, 11-0317, 11-0319, 11-1301, 11-1303, 11-1305, 13-0105 and 13-0339. These amendments were necessary to reduce fishing mortality of river herring stocks in New York and to achieve a sustainable river herring fishery as required by the ASMFC amendment to the fishery management plan. These regulations will be amended as necessary for New York to remain in compliance with federal rules and interstate management plans.

6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands. Statutory Authority: Environmental Conservation Law sections 13-0307 and 13-0319. Part 41 was amended to classify portions of shellfish growing areas in Tobay Marina-Boat Basin, western Long Island Sound, Cold Spring Harbor, Bellport Bay, North Sea Harbor, Davis Creek, Northwest Harbor, Schoolhouse Creek, Port Jefferson Harbor, and Setauket Harbor as seasonally certified (open for limited times of year) or uncertified (closed) for the harvest of shellfish based on recent analyses of bacteriological water quality data from these areas. Bacteriological water quality testing is an ongoing task; shellfish lands will be classified as necessary based on the results of the water quality studies. Part 41 will be amended as needed.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law sections 11-0303, 13-0105 and 13-0340-d. This rule making is a continuation of the Part 40 rule review described above. Part 40 was amended to decrease the recreational fishing season for tautog (blackfish) and increase the minimum size for both the recreational and commercial tautog fisheries. These regulations were necessary to prevent New York State anglers and harvesters from exceeding the State's assigned harvest limit for tautog and allow New York State to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) tautog management plan. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 44, Lobsters and Crabs. Environmental Conservation Law, sections 3-0301, 13-0105 and 13-0329. Part 44 was amended to implement mandatory V-notching rules for legal size female egg-bearing American lobster and comply with the ASMFC American Lobster Fishery Management Plan. This amendment requires that all legal size egg-bearing female lobsters captured in certain areas have a V-notch cut on their tails and be immediately released back in the water. This amendment is in compliance with the ASMFC American Lobster Fishery Management Plan (FMP) to reduce harvest of lobster in Southern New England (SNE) by 10 percent to initiate stock rebuilding. This regulation will not be amended at this time.

Contact: Maureen Davidson, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733 Telephone: (631) 444-0483 E-mail: maureen.davidson@dec.ny.gov

This review was compiled, edited and submitted by:
Ruth L. Earl
Agency Regulatory Coordinator
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
Telephone 518-402-2791
E-mail: ruth.earl@dec.ny.gov

The NYS Department of Environmental Conservation Regulatory Agenda was published in the January 4, 2017 issue of the State Register.

Last updated January 4, 2017