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Regulatory Agenda

DEC January 2014 Regulatory Agenda and 5-Year Rule Review

Introduction

Each year, pursuant to SAPA, the department publishes a Regulatory Agenda 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 5 years previous.

Division of Air Resources

6 NYCRR Part 200, General Provisions. Part 200 will be amended to incorporate the national emission standards for hazardous air pollutants (NESHAPS) adopted by the US EPA. This rulemaking will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact (NESHAPS): Steve Yarrington, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 200, General Provisions. Part 200 will be amended to add new non-attainment areas as designated by the United States Environmental Protection Agency for areas in New York State that do not meet new or revised National Ambient Air Quality Standards (NAAQS). Part 200 will also be amended to remove references to former nonattainment areas that are now meeting the NAAQS. This rulemaking will not require a Regulatory Flexibility for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Robert Bielawa, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 201, Permits and Registrations. 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, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 205. Architectural and Industrial Maintenance (AIM) 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: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 212, General Process Emission Sources. The existing regulation will be amended to set forth a new procedure for evaluating and reducing community air toxic impacts from stationary sources of air pollution. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Thomas Gentile, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3259. Telephone: 518-402-8402. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. The regulation will be amended to incorporate revisions California has made to its emission control program to amend the Low Emission Vehicle and Zero Emission Vehicle programs. Additional amendments may be made to clarify the Aftermarket Catalytic Converter provisions. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact Jeff Marshall, P.E., NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, Telephone: 518-402-8292. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 222, Distributed Generation. This is a new regulation to establish emission standards for distributed generation. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Ron Stannard, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Oils. 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. 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 NY 12233-3254, Telephone: 518-402-8403, E-mail: airregs@gw.dec.state.ny.us. Please include the Subpart 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 Cronin, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254, Telephone: 518-402-8403, E-mail: airregs@gw.dec.state.ny.us. Please include the Subpart 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 regulation will also require prior notification to the department for each test; require 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, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 232, Dry Cleaning. The existing regulation that became effective May 15, 1997 will be updated to provide for administrative streamlining and consistency with any new federal requirements. 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, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us. 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: airregs@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Parts 237 and 238, Acid Deposition Reduction Budget Trading Programs. These rules will be repealed because they have been superseded by the Clean Air Interstate Rules (CAIR), Parts 243, 244 and 245. New Parts 237 and 238 will be developed to implement the New York State provisions of EPA's new Cross State Air Pollution Rule. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 246, Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units. The revision will include the correction of typographical errors, the elimination of duplication with the federal regulation, and the correction of monitoring requirements to achieve parity with 40 CFR 63 Subpart UUUUU, the National Emission Standard for Hazardous Air Pollutants for Electric Utilities. (FR Vol. 77 No. 32, February 16, 2012). This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Thomas Gentile, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3259. Telephone: 518-402-8402. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when emailing.

Division of Environmental Permits

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: Robert Ewing or Kent Sanders, Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9167. E-mail: depprmt@gw.dec.state.ny.us. 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. 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@gw.dec.state.ny.us. Please include the Part numbers 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 soil cleanup objective (SCO) changes, if any, resulting from the statutorily required five year review; (4) add or revise multiple provisions to clarify issues that have arisen in the Brownfield Cleanup Program (BCP) in the course of implementing the program since 2006; (5) review of the provisions applicable to the State Superfund Program, including, but not limited to, considering the need to make revisions to clarify the definition of "significant threat;" (6) consider opportunities to encourage the incorporation of sustainable remediation and development techniques into cleanup projects covered by this rule; and (7) correct scrivener's errors that have caused inconsistencies and created confusion, replace accidental omissions, and insert clarifications required for amendments to this regulation. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Ryan, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7011. Telephone: 518-402-9706. E-mail: derweb@gw.dec.state.ny.us. Please include the Part number 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: radregs@gw.dec.state.ny.us. Please include the Part number 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: radregs@gw.dec.state.ny.us. Please include the Part number 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 over the past several years 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: Ted Bennett, 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@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Parts 595, 596, 597, 598, and 599, Chemical Bulk Storage Regulations. DEC proposes to repeal Part 595, repeal and replace Parts 596 and 597, and amend Parts 598 and 599 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation; (2) comply with the federal Energy Policy Act of 2005 (a.k.a. federal Underground Storage Tank Compliance Act of 2005), which amends Subtitle I of the Solid Waste Disposal Act; (3) make explicit certain enforcement authority of DEC to prevent contamination and require remediation of surface and ground waters, public drinking water supplies, and natural resources by chemical bulk storage (CBS) facilities; (4) improve the consistency and clarity of language directing the administration of the CBS program; and (5) revise the Part 597 List of Hazardous Substances to reflect changes and updates on the State and federal levels. After completion of this rule making, DEC will begin a second phase to consolidate Parts 596, 598, and 599 into a single new Part 598 and incorporate any new requirements from the federal regulations that the USEPA may promulgate this year. 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@gw.dec.state.ny.us. Please include the Part numbers 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 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@gw.dec.state.ny.us. Please include the Part number 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 address 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. First priority is given to minimizing environmental damage and to ensure a clean environment in the State by preventing petroleum discharges that may result in impacts to lands, waters, or natural resources of the State. This is accomplished by authorizing DEC to respond immediately and require prompt cleanup and removal of such discharges or to clean up the discharge if the responsible party is unwilling or unable. The payment of cleanup and removal costs, in addition to resulting direct and indirect damages, is provided through the New York Environmental Protection and Spill Compensation Fund that is administered by the State Comptroller. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Dennis Farrar, 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@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Parts 612, 613, and 614, Petroleum Bulk Storage Regulations. DEC proposes to repeal Parts 612-614 and replace with 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; (2) comply with the federal Energy Policy Act of 2005 (a.k.a. federal Underground Storage Tank Compliance Act of 2005), which amends Subtitle I of the Solid Waste Disposal Act; (3) make explicit certain enforcement authority of DEC to prevent contamination and require remediation of surface and ground waters, public drinking water supplies, and natural resources by petroleum bulk storage (PBS) facilities; (4) improve the consistency and clarity of language directing the administration of the PBS program; and (5) adjust the definitions of petroleum and facility pursuant to recent changes in Environmental Conservation Law section 17-1003. After completion of this rule making, DEC will begin a second phase to incorporate any new requirements from the federal regulations that the USEPA may promulgate this year. 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@gw.dec.state.ny.us. Please include the Part numbers when e-mailing.

Division of Fish, Wildlife and Marine Resources

6 NYCRR Part 1 Section 1.31, Hunting Black Bear. Statutory Authority: ECL 11-0907. These amendments are needed to implement certain aspects of bear management plan expected to be adopted in early 2014. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 10, Sportfishing Regulations. Every two years the Department makes needed adjustments to the 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. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Shaun Keeler, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518 402 8928. E mail: sxkeeler@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR, Part 11, More Than One Species. These amendments pertain to the management of diadromous fishes for taking, possessing, sale, or trafficking in the Harlem or East Rivers and the Hudson River. They are needed 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 Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR, Part 18, Taking Bait. These amendments pertain to the management of diadromous fishes to take as bait for sport fishing via the use of fishing devices. They are needed 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 Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR, Part 19, Use of Bait, Fish for Bait, and Bait Fish. These amendments pertain to the management of diadromous fishes used for bait in the Delaware and Hudson Rivers. They are needed 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 Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 37, Sale of Certain Lake Ontario Fishes Prohibited. Statutory Authority: ECL 11-0317 and 11-0325. The amendment of these regulations is necessary to provide additional protection to American eel in Lake Ontario and the St. Lawrence River. This amendment may not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Steve LaPan, New York State Department of Environmental Conservation, Cape Vincent Fisheries Research Station, Cape Vincent, NY 13618. Telephone: 315 654 2147. E mail: srlapan@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 59, State Boat-Launching Sites, Fishing-Access Sites and Fishing Rights Areas. Statutory Authority ECL 9-1709 and 11-2101. These amendments are needed to establish regulations that would strengthen efforts to prevent the introduction and spread of aquatic invasive organisms by watercraft using State owned access sites administered by the Division of Fish, Wildlife and Marine Resources. These amendments may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Ed Woltmann, NYS Department of Environmental conservation, Division of Fish Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4753, Telephone 518-402-8893. E-mail: efwoltma@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 151, Propagation and Sale of Fur-bearing Animals. Amendment of Part 151 is necessary 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. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8997. E-mail: jetherri@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 153, Preserve Licenses. Amendment of Part 153 is necessary to bring the regulations current with changes to multiple Sections of the ECL which became effective in April 2012. 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 in Section 153.2. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8997. E-mail: jetherri@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 186, Deer Feeding. Statutory Authority: ECL 3-0301, and 11-0325. A new regulation is needed to strengthen and clarify laws relating to the feeding of deer based on a recent finding of a Sullivan County Court. Additionally, the Department will propose regulations pertaining to deer feeding in the context of the use of the 4-Poster Tickicide device. It is not anticipated that this new rule will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. 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 needed to strengthen the existing regulation pertaining to importation, transportation, possession and disposal of live or dead Cervids (or parts of those animals) as necessary to prevent the introduction or spread of Chronic-wasting Disease in New York. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 190.24, Use of State Lands- Boat Launching Sites. Statutory Authority ECL 1-0101, 3-0301, and 9-0105. These amendments are needed to establish regulations that would strengthen efforts to prevent the introduction and spread of aquatic invasive organisms by watercraft using State owned access sites administered by the Division of Lands and Forests, the Division of Operations, or both. These amendments may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Ed Woltmann, NYS Department of Environmental conservation, Division of Fish Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4753, Telephone 518-402-8893. efwoltma@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR, Part 10, Sportfishing Regulations. These amendments pertain to the management of diadromous fishes in the Hudson and Delaware Rivers, and management of marine fishes in the Hudson River. They are needed 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 Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR, Part 35, Licenses. The Department will propose 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 seeks a reduction in the number of types of licenses issued and an increase in the fees charged for certain licenses. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR, Part 36, Gear and Operation of Gear. These amendments 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. They 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 Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. 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, including sharks, to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), 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 will seek 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 seeks 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. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, the Department will amend regulations that specify the classification (certified or uncertified) of shellfish lands. This is 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 will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Karen Graulich, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0475. E-mail: kagrauli@gw.dec.state.ny.us. 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 Governments as well as a Rural Area Flexibility Analysis. Contact: Susan Ritchie, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0494. E-mail: sxritchi@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. The Department seeks 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 will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Jennifer O'Dwyer, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0489. E-mail: jlodwyer@gw.dec.state.ny.us. 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 crustacean species. These proposed regulations will comply with fishery management plans developed by the Atlantic State Marine Fisheries Commission (ASMFC) for the 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 and establish open crab dredge seasons and areas. Rule makings will be proposed 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. 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. Lobster regulations will be developed based on the details of the Addendum. Rules will be proposed to prohibit the liberation of non-local crustaceans into New York's marine district. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0454. E-mail: kamckown@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 45, Transplanting of Shellfish. The Department proposes to amend regulations pertaining to the transplanting of shellfish that are necessary to provide adequate protection of public health and comply with the guidelines and minimum requirements of the National Shellfish Sanitation Program. The proposed regulations will amend requirements for permits, transplanting of shellfish, relay area certification, and establish requirements for recordkeeping and reporting. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us. 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 Governments as well as a Rural Area Flexibility Analysis. Contact: Wade Carden, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0481. E-mail: wecarden@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 49, Shellfish Management. The Department seeks 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 seeks 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 Governments as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 50, Miscellaneous Marine Species. The Department seeks 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, reporting requirements for harvesters and dealers, specifications for marking and placement of whelk fishing gear, trap limits and other regulations necessary to manage the whelk fishery. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments but no Rural Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0454. E-mail: kamckown@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 50, Miscellaneous Marine Species. The Department seeks to adopt new regulations for the protection of various other marine species. An immediate need is for the adoption of regulations limiting the collection and possession of the northern or lined seahorse. These regulations will include defining possession of more than 2 seahorses as commercial purposes (which is prohibited in 13-0310 of the ECL) and prohibiting the collection and possession of pregnant or gravid males. Local seahorses are subject to harvest for the pet/aquarium and Eastern medicine trades and are vulnerable to local extinction. Survival of wild caught seahorses and their newborn young in captivity is poor, especially without access to appropriate sources of live foods. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 175, Special Licenses and Permits - Definitions and Uniform Procedures. This amendment is necessary to update and enhance the regulation for administrative and enforcement procedures. We need to include provisions for additional statutory amendments that have occurred since the regulations were last amended, and to clarify standards and criteria for agency actions on applications and licenses. This amendment may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8997. E-mail: jetherri@gw.dec.state.ny.us. 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. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis.Contact: Mary Bailey, New York State Department of Environmental Conservation, Division of Fish, Wildlife, and Marine Resources, 625 Broadway, Albany, NY 12233-4750, Telephone: 518-402-8869. E-mail: mebailey@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 180.1, Wildlife Dangerous to Health or Welfare. Amendment of Part 180.1 or promulgation of a new regulation is necessary to address statutory requirements of Environmental Conservation Law 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 bona fide zoological gardens. In addition, the proposed amendments to Part 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 American Zoological Association. This amendment may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8997. E-mail: jetherri@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 183, License-Issuing Officers. Amend current regulations address procedures for evaluation and prioritization of applicants that wish to become license-issuing officers (agents) for DEC. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Mary Bailey, New York State Department of Environmental Conservation, Division of Fish, Wildlife, and Marine Resources, 625 Broadway, Albany, NY 12233-4750, Telephone: 518-402-8869. E-mail: mebailey@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 664, Freshwater Wetlands Maps and Classification. This rule making will update and clarify freshwater wetlands mapping and classification standards to reflect a greater understanding of wetland science. In addition, there will be changes to facilitate more efficient map amendments where errors are detected on the maps. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Roy Jacobson, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233. Telephone 518-402-8853. E-mail: rajacobs@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Parts 662, 663, 665 - Amendments to these regulations would be done as one package.

  • Repeal Part 662 Freshwater Wetlands - Interim Permits. Provided standards for the issuance of permits prior to the filing of final freshwater wetlands maps. Inasmuch as all maps outside of the Adirondack Park are now final, this regulation is obsolete.
  • Amend Part 663 Freshwater Wetland Permit Requirements. Amendments needed to reflect proposed changes in Part 664; as well as other changes to clarify and simplify for regulated community, and remove outdated references and procedures.
  • Amend Part 665 Local Government Implementation of the Freshwater Wetlands Act and Statewide Minimum Land-Use Regulations for Freshwater Wetlands. Eliminate the Land Use Regulations, which are redundant of those contained in Part 663 and rename it "Local Government Implementation of the Freshwater Wetlands Act."

This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Roy Jacobson, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233. Telephone 518-402-8853. E-mail: rajacobs@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Subchapter G, Fish and Wildlife Management Areas and Facilities. Statutory Authority: ECL 11-0101. These amendments are needed to simplify public use regulations pertaining to the wildlife management areas, cooperative fish and wildlife management areas, and several state parks. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us Please include the Part number when emailing.

Office of Forest Protection

6 NYCRR Part 191.1, Forest Fire Districts. The Department is proposing to expand the definition of forest fire districts to all towns and villages other than the 102 fire towns defined in ECL 9-1107 in order to provide a consistent delivery of forest fire protection and wildland search and rescue programs. This change will compliment the NYS Comprehensive Emergency Management Plan that identifies the Department as the lead state agency for forest fires and wildland search and rescue. This change may provide additional federal forest fire funding by increasing the legislated protection of forest lands in New York from 23.2 to 30 million acres. This regulatory change should not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Colonel Andrew T. Jacob, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-2560. Telephone: 518-402-8839. E-mail: Rangers@gw.dec.state.ny.us. Please include the Part number when emailing.

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 Local Governments, 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: jtmcclym@gw.dec.state.ny.us. Please include the Part number when emailing.

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 Local Governments, 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: laalexan@gw.dec.state.ny.us. Please include the Part number when emailing.

Division of Lands and Forests

6 NYCRR Part 592, Conservation Easements. Addition of a new Part 592 to establish a process for the Department to follow when modifying or extinguishing a conservation easement. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Francis Sheehan, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250. Telephone (518) 402-9405 E-mail: fesheeha@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 575, Invasive Species. Addition of a new Part 575 for the control invasive species by reducing the introduction of new and the spread of existing populations in the State. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are required for this rulemaking. Contact: Leslie Surprenant, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250. Telephone: (518) 402-8980 E-mail: ljsurpre@gw.dec.state.ny.us. Please include the Part number when emailing.

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 Dix Mountain Wilderness Area from overuse by applying restrictions to camping and rock climbing. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. 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: pjfrank@gw.dec.state.ny.us. Please include the Part number when emailing.

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 Giant Mountain Wilderness Area from overuse by applying restrictions to camping. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. 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: pjfrank@gw.dec.state.ny.us. Please include the Part number when emailing.

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. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. 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: pjfrank@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.34, Pine Lake Area, Shaker Mountain Wild Forest. These regulations will be used to manage this area and provide for public safety. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. 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: pjfrank@gw.dec.state.ny.us. Please include the Part number when emailing.

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. This regulation will update existing Section 196.7 to conform to the Adirondack Park State Land Master Plan guidelines for bicycle use. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. 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: pjfrank@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 190, Use of State Lands. Amend existing sections 190.0(14), 190.1(c) and 190.8(g). These amendments will clarify the intent of the existing regulation for the public and for those responsible for enforcement. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Robert Messenger, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255 Telephone: (518) 402-9428 E-mail: rwmessen@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.36, Submerged Heritage Preserves in Lake George and Lake Champlain. These regulations are needed to protect underwater resources, such as shipwrecks and other submerged archaeological sites that are of recreational, aesthetic, and educational value, as well as regulate access to these sites, and create safe diving conditions. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Charles Vandrei, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255 Telephone: (518) 402-9428 E-mail: cevandrei@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 194, Forest Practices. Amend Section 194.3 and adopt a new Section 194.4. These regulations will formalize existing guidelines for prescribed fire management activities. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Robert Messenger, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255 Telephone: (518) 402-9428 E-mail: rwmessen@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 199, Taxation of Forest Land. Amend Part 199, Taxation of Forest Land. A 2008 legislative amendment to Real Property Tax Law Section 480-a requires and directs the Department to amend its regulations implementing the Forest Tax Law to include "participation in a forest certification program...recognized in the regulations of the Department." Additional amendments to the regulations will be considered to address concerns expressed and problems raised over the last 47 years by program participants and landowners who would like to participate, as well as to streamline and reduce DEC's administrative workload associated with this growing program. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and Rural Area Flexibility Analysis is not required for this rulemaking. Contact: Bruce Williamson, NYS Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, NY 12233-4253 Telephone: (518) 402-9425 E-mail: bewillia@gw.dec.state.ny.us. Please include the Part number when emailing.

Division of Materials Management

6 NYCRR, Part 325, Rules and Regulations Relating to the Application of Pesticides and Part 326, Registration and Classification of Pesticides. Part 325 will be amended, in part, to clarify and update existing regulations. Part 326 will be amended, in part, to clarify and update existing regulations and will include the federal requirements regarding removal of residues from pesticides containers prior to disposal or refilling. Part 325 and 326 will also be amended to include the federal requirements for the Worker Protection Standard (WPS). This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Scott Menrath, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8748. E-mail: pestmgt@gw.dec.state.ny.us. Please include the Part number when emailing.

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@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 360 Series, Solid Waste Management Facilities. This rulemaking will include technical amendments and clarifications, as well as legal and policy developments. Changes to all portions of the Part 360 series are expected, including Parts 364 and 369. The rulemaking will also incorporate solid waste management activities, technologies or waste streams that are not currently specifically addressed within existing Part 360, including automobile dismantlers, pharmaceutical waste, dredge materials, biohazard incident waste, and yellow grease. The information contained in the current Part 360 will be subdivided into different parts to better organize solid waste topics, and will make future revisions to specific topics less burdensome. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Melissa Treers, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7260. Telephone: 518-402-8678. E-mail: swreg@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 367, Returnable Beverage Containers. This rulemaking will incorporate revisions to the statute that specifically changed and, in some cases, contradict 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@gw.dec.state.ny.us. Please include the Part number when emailing.

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 E-Waste, Cell Phones and Rechargeable Batteries - all resulting from legislation for these specific materials. 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@gw.dec.state.ny.us. Please include the Part number when emailing.

Division of Water

6 NYCRR Part 750, State Pollutant Discharge Elimination System (SPDES) Permits.
On August 9, 2012 Governor Cuomo signed the Sewage Pollution Right to Know Act (SPRTK) that amends Article 17 of the Environmental Conservation Law by adding a new section 17-0826-a to establish new requirements for the reporting of discharges of untreated and partially treated sewage. SPRTK also imposes new requirements on DEC to collect and post discharge information expeditiously on its website and produce an annual report on the discharges and their remediation. SPRTK took effect on May 1, 2013. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Joe DiMura, Director, Bureau of Water Compliance, Division of Water, 625 Broadway, Albany, NY 12233-3506. Telephone: 518-402-8177. E-mail: jxdimura@gw.dec.state.ny.us. Please include the Part number when emailing.

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. Areas 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 Local Governments and a Rural Area Flexibility Analysis. Contact: William Nechamen, Chief, Floodplain Management Section, Bureau of Flood Protection and Dam Safety, Division of Water, NYSDEC, Albany, NY 12233-3507 Telephone 518-402-8147. E-mail: wsnecham@gw.dec.state.ny.us. Please include the Part number when emailing.

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 Local Governments 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: sxstoner@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 505, Coastal Erosion Management Regulations. Part 505 of 6 NYCRR was last amended in March 1988. Since that date, through the implementation of the program there have been a number of areas identified which should be amended. These areas include clarifying definitions, providing new defined terms, and clarifying regulatory language regarding regulated activities in natural protective features areas. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments 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: aafuchs@gw.dec.state.ny.us. Please include the Part number when emailing.

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 Local Governments 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: mdholt@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 485, State Pollutant Discharge Elimination System (SPDES) Program Fees. The SPDES program fees were recently changed 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 Local Governments 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: kstang@gw.dec.state.ny.us. Please include the Part number when emailing.

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 Local Governments 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: aafuchs@gw.dec.state.ny.us. Please include the Part number when emailing.

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 Local Governments 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: kstang@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 750, State Pollutant Discharge Elimination System (SPDES) Permits. Revisions are necessary to add definitions, update references, incorporate new federal criteria and standards, and correct typographical errors. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments 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: kstang@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 830, Lake Champlain 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 Local Governments 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: sxstoner@gw.dec.state.ny.us . Please include the Part number when emailing.

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 Local Governments 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: sxstoner@gw.dec.state.ny.us . Please include the Part number when emailing.

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SAPA Section 207 -- 5-Year Review of Rules

The following rules were adopted by the New York State Department of Environmental Conservation (Department or DEC) during 2009, 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]. Part 200 will be revised, and is on the Department's 2014 regulatory agenda.

6 NYCRR Part 215, Open Fires. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 9-0105, 9-1103, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 70-0107, 71-2103, 71-2105. This regulation will not be amended at this time.

6 NYCRR Part 228, Surface Coating Processes. Statutory Authority: Environmental Conservation Law Sections 3-0301, 19-0301, 19-0303. Part 228 was amended in 2013. Additional amendments will not be made 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. No further amendments will be made at this time.

6 NYCRR Part 239, Portable Fuel Container Spillage Control. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0303, 19-0305, 17-2103 and 71-2105. Part 239 was amended in 2009 to include a more broad set of standards which were consistent with the Federal Rule 40 CFR part 59. Part 239 is part of a suite of actions undertaken by the State to control VOC emissions. VOCs are precursors, with nitrogen oxides in the formation of ozone. This regulation will not be amended this year as the current regulations limit the VOCs of this category to a level where the emissions are controlled to a reasonable level.

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 (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 17-2103 and 71-2105. Part 248 is consistent with the Department's obligations and the Legislature's intent under the "Diesel Emissions Reduction Act of 2006" (DERA). The DERA legislation charged the Department with implementing a regulatory program that would require the use of ULSD fuel and BART for any diesel powered heavy duty vehicle (HDV) that is owned by, operated by or on behalf of, or leased by a state agency and state and regional public authority. The regulation was amended in January 2013 to incorporate revisions required by judicial decision and by changes to the enabling legislation. A subsequent change to the compliance date in ECL Section 19-0323 has been dealt with through a letter of enforcement discretion. No additional revisions are required at this time.

6 NYCRR Part 252, Environmental Performance Labels. Statutory Authority: Environmental Conservation Law Sections: 19-1101, 19-1103, 19-1105. Part 252 was repealed in 2012, and its provisions were updated and incorporated as a new Subpart 218-11.

Regulatory Coordinator for the Division of Air Resources is Laura Stevens, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8401. E-mail: airregs@gw.dec.state.ny.us. Please include the Part number when emailing.

Division of Fish, Wildlife and Marine Resources

6 NYCRR Parts 1, 2 4 & 6: Amendment of wildlife management unit boundaries. Statutory Authority: ECL 11-0903, 11-0905, 11-0907, 11-0913, 11-1103. Amended wildlife management unit (WMU) boundaries and make associated revisions to game species hunting and trapping seasons. Amendments are not planned in 2014 because these WMU boundaries are still in use for setting of various hunting and trapping seasons. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Section 1.40: Hunting wild turkey. Statutory Authority: ECL 11-0901, 11-0903, and 11-0905. Established a fall turkey hunting season on Long Island, and amended the methods of taking wild turkey statewide. No amendments are planned for 2014 as a comprehensive evaluation of current turkey hunting regulations is underway by the Department. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 79: Lakeview and Black Pond Wildlife Management Areas. Statutory Authority: ECL 11-2101. Regulated public use of the Lakeview and Black Pond Wildlife Management Areas. No amendments are planned for 2014 as the area description and prohibited activities are still deemed appropriate by the Department. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Section 1.20: Deer management permits. Statutory Authority: ECL 11-0903, 11-0907, and 11-0913. Amended procedures for the issuance and use of deer management permits (DMPs). No amendments are planned for 2014 as the procedures for application and issuance of DMPs are unchanged and necessary to maintain in regulation. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Sections 1.22 and 1.27: Deer hunting regulations. Statutory Authority: ECL 11-0903 and 11-0907. Updated muzzleloading regulations in the Northern Zone. Section 1.22 was repealed in 2012, with necessary provisions incorporated into other sections; amendments to Section 1.27 that were proposed in 2009 ultimately were not adopted. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Sections 6.1, 6.2 & 6.3: Trapping regulations. Statutory Authority: ECL 11-1101, 11-1103, and 11-1105. Set trapping seasons for beaver, river otter, mink, and muskrat; and to improve general trapping regulations. No amendments are planned for 2014; beaver and otter seasons described in Section 6.1 are still deemed appropriate by the Department, and Sections 6.2 and 6.3 were revised again in 2010. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Section 2.30: Migratory game bird hunting regulations for the 2009-2010 season. Statutory Authority: ECL 11-0307. Changed migratory game bird hunting regulations to conform to federal regulations. These amendments were repealed in 2010, after ECL 11-0307 was amended to eliminate the need for annual rulemaking to adjust waterfowl seasons and bag limits. No changes to this section are planned for 2014. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 40 Marine Fish: Statutory Authority: ECL 13-0340-a, 13-0340-f. This rule making reduces the bycatch possession limit for weakfish, specifies a definition for total length for black sea bass that excludes the tail filament from the length measurement of the fish, and increases the number of escape vents and the diameter of escape vents on fish traps used to take black sea bass. These rules are necessary for New York State to remain in compliance with the management measures detailed in the ASMFC fishery management plans for weakfish and black sea bass. These rules remain in effect and may be modified to meet the requirements of the fishery management plans as ASMFC seeks to provide for the long-term health of these species and to comply with federal regulations. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us . Please include the Part number when emailing.

6 NYCRR Part 40 Marine Fish: Statutory Authority: ECL 11-0303, 13-0105, 13-0340-b, 13-0340-f. This rule making established the recreational open season, size limit and possession limit for summer flounder and increased the size limit for black sea bass. This rule was necessary to prevent New York State recreational anglers from exceeding the assigned summer flounder and black sea bass quotas for 2000 and ensuring New York State remains in compliance with the ASMFC fishery management plan for summer flounder and black sea bass. This rule has since been modified in 2010, 2011, 2012 and 2013 to meet the requirements of the summer flounder and black sea bass fishery management plan as ASMFC seeks to provide for the long-term health of these species and to comply with federal regulations. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us . Please include the Part number when emailing.

6 NYCRR Subpart 43-2 Atlantic Ocean: Statutory Authority: ECL 13-0309. This rule making implements management measures and harvest provisions specified in Amendment 1 to the state fishery management plan for the Atlantic surfclam fishery in the Atlantic Ocean. Fishery management tools introduced by this rule making include individual fishery quota, cage tags, and the use of a vessel monitoring system. These measures are necessary to ensure the long-term sustainability of the surfclam resource and fishery. These regulations remain in effect and may be amended as necessary to continue to properly mange and protect the State's surfclam resources. Contact: Jennifer O'Dwyer, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0489. E-mail: jlodwyer@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Part 40 Marine Fish: Statutory Authority: 11-0303, 13-0105, 13-0340-c.
This rule making reduced the recreational possession limit of winter flounder from 10 to 2 fish and reduced the commercial trip limit to 50 pounds. These harvest restrictions are necessary to protect the depleted winter flounder stock and to allow the stock to recover and to ensure New York State remains in compliance with the ASMFC fishery management plan for winter flounder. These regulations currently remain in effect to continue to provide protection to the winter flounder resource. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail:swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

Division of Lands and Forests

6 NYCRR Part 190, Use of State Lands. Environmental Conservation Law sections, sections 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(b), 3-0301(1)(d), 3-0301(1)(i), 3-0301(2)(m), 3-0301(2)(v), 9-0105(1), 9-0105(3), 9-0303, 9-1105(1) and Article 49 of the Environmental Conservation Law, and section 816(3) of Executive Law. This regulation protects public safety, manages public use and protects natural resources on state lands. Minor revisions to clarify the existing regulations need to be made in the coming year. Refer to 6NYCRR Part 190, Use of State Lands in this Regulatory Agenda, amend existing sections 190.0(14), 190.1(c) and 190.8(g).

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. The 2008 emergency rulemakings were replaced by a final regulation adopted in March 2009 which protects New York State's forests from invasive insects and diseases carried on firewood and introduced into non-infested forests. Amendment to this regulation was made in another rulemaking adopted in July 2012. This amendment was needed to facilitate the interpretation, compliance and enforcement of the 2009 regulation. These were not substantive revisions. No further revisions to this rulemaking are needed.

6 NYCRR Part 196, Operation of Motorized Equipment in Wilderness, Primitive, Primitive Bicycle Corridor and Canoe Areas within the Adirondack and Catskill Parks. Environmental Conservation Law sections, 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(d), 3-0301(2)(m) and 9-0105(1). This regulation is needed since it prohibits the use of motorized equipment on wilderness, primitive and canoe areas in the Adirondack Park and on wilderness or primitive bicycle corridors in the Catskill Park, enforcing master plan guidelines. No amendments to this regulation are planned for the coming year since implementation has been satisfactory. There is no need for the Department to modify this rule.

6 NYCRR Part 196, Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve. 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 14, section 1 of the New York State Constitution. The interim permit system that set limits on the time and frequency of flights to Lows Lake was authorized until December 31, 2011. After this date mechanically propelled vessels and aircraft were prohibited. This provision in the regulation still applies. No amendments to this regulation are planned.

Contact: Linda Kashdan-Schrom, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250 Telephone: (518) 402-9405 E-mail: lrkashda@gw.dec.state.ny.us. Please include the Part number when emailing.

Division of Water

6 NYCRR Part 649, Implementing Statutory Provisions of the American Recovery and Reinvestment Act of 2009 ("ARRA"). Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 15-0101, 15-0105, 15-0109, 15-0315, 15-0317, 15-1303; L. 1989, ch. 565. The regulations are for the Clean Water State Revolving Fund (CWSRF), co-administered by NYSDEC and the Environmental Facilities Corporation, to set forth rules implementing the statutory provisions of the American Recovery and Reinvestment Act of 2009 ("ARRA"). No amendments for this regulation are planned. Contact: Robert Simson, Regulatory Coordinator, Director's Office, Division of Water, NYSDEC, Albany, NY 12233-3500. Telephone 518-402-8271. E-mail: rjsimson@gw.dec.state.ny.us. Please include the Part number when emailing.

6 NYCRR Parts 608, 621 and 673, Operation and Maintenance of Dams. Statutory Authority: Environmental Conservation Law, art. 3, title 3 and art. 15, title 5. These regulations require all dam owners to operate and maintain dams in a safe condition and adopts requirements for owner dam safety programs. No amendments for this regulation are planned. Contact: Alon Dominitz, Chief, Dam Safety Section, Bureau of Flood Protection and Dam Safety, Division of Water, NYSDEC, Albany, NY 12233-3504. Telephone 518-402-8130. E-mail: axdomini@gw.dec.state.ny.us. Please include the Part number when emailing.

This review was compiled, edited and submitted by:

Pamela S. Hadad-Hurst
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1010
Telephone 518-402-8549
E-mail: pshhurst@gw.dec.state.ny.us

The NYS Department of Environmental Conservation Regulatory Agenda was published in the January 8, 2014 issue of the State Register.

Last updated 1/8/2014