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Regulatory Agenda

DEC January 2018 Regulatory Agenda, 3-Year Rule Review and 5-Year Rule Review

Introduction

Each year, pursuant to SAPA, the Department publishes a Regulatory Agenda 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.

Regulatory Agenda

Division of Air Resources

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 rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mark Lanzafame, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Subpart 202, Emission Statements. Existing Subpart 202-2 will be revised to require electronic submission of annual Emission Statements beginning in 2021 (for calendar year 2020 emissions reporting) for facilities subject to Title V of the Clean Air Act. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Carlos Mancilla, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

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

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

6 NYCRR Part 208, Landfill Gas Collection & Control Systems for Certain Municipal Solid Waste Landfills will be revised to include the federal emission guidelines at 40 CFR Part 60 Subpart Cf, Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The revisions may also include additional measures that will assist in meeting the goals of the State’s Methane Reduction Plan. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Daniel Brinsko, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 212, Process Operations. This proposal will repeal subpart 212-4, Control of nitrogen oxides for hot mix asphalt production plants and create a new regulation (or expand 212-4, not decided yet) to specifically address the emissions of particulate, carbon monoxide, sulfur dioxide, NOx and High Toxicity Air Contaminants (HTAC) such as formaldehyde, benzene and polycyclic aromatic hydrocarbons. The proposed regulation will enact stricter requirements for new sources built after the applicability date while addressing the existing facilities with requirements that are easily interpreted from Region to Region. Also, Part 212-1, General Provisions, will be revised to allow for a second compliance option when a source owner is required to demonstrate compliance with a federal NESHAP (National Emissions Standard for Hazardous Air Pollutants) regulation which controls the emissions of High Toxicity Air Contaminants. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis and a Job Impact Analysis. Contact: Steven DeSantis, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8402. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 218, Emissions Standards for Motor Vehicles and Motor Vehicle Engines. The Department is considering revisions to 6 NYCRR Part 218 to repeal the Deem to Comply provision for model years 2021-2025. The Deem to Comply provision allows automobile manufacturers to demonstrate compliance with federal greenhouse gas emission standards in lieu of California's more stringent standards. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Jeff Marshall, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8292. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

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

6 NYCRR Part 219, Incinerators. Existing Subpart 219-4 will be amended to better reflect the current state of cremation technology and reduce emissions of particulate matter from new crematories constructed in the state. In addition, Division of Air will sunset existing Subparts 219-5 and 219-6 by requiring that existing units subject to these requirements be regulated by more stringent standards. Furthermore, a new Subpart 219-10 will be proposed to set a limit on nitrogen oxide (NOx) emissions from municipal waste combustors. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mark Lanzafame, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 222, Distributed Generation Sources. Pursuant to an Order by the Supreme Court of the State of New York dated July 26, 2017, the Department will develop a new rule to replace the rule adopted on November 1, 2016. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: John Barnes, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Fuel. Revisions to this regulation were proposed in 2016. However, based on comments received during the public comment period, the Department decided that it would not be able to complete the rule making in the time allowed under the State Administrative Procedures Act. Therefore, the Department will propose a new rule making to address the significant comments received on the earlier proposal and include updated permitting references, updated rule citations, the incorporation of federal waste oil pollutant content limits, the updating of monitoring, recordkeeping, and reporting requirements, and the relocating of specific definitions from Subpart 225-2 to 6 NYCRR Part 200, General Provisions. The new regulation will redefine what emission sources are eligible to fire waste oil, either as a permitted or exempt emission source, and will lower the exempt source size eligibility threshold to match the size requirement in State and federal hazardous waste regulations. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mike Jennings, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

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

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

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

6 NYCRR Subpart 228-1, Surface Coating Facilities. Existing Subpart 228-1 will be revised to lower the volatile organic compound limits for surface coatings used in motor vehicle and mobile equipment repair and refinishing. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Marie Barnes, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

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

6 NYCRR Part 231, New Source Review. The existing rule will be amended to conform to changes under the federal New Source Review (NSR) rule and the Supreme Court rulings. In particular, the Part 231 revisions will include changes to NSR applicability based on emissions of greenhouse gases (GHGs) and requirements for particulate matter or particles with an aerodynamic diameter less than or equal to 2.5 micrometers (PM-2.5). The definitions section in 6 NYCRR Part 200, General Provisions will also be revised to conform to the federal rule. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Steven Yarrington, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

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

6 NYCRR Part 242, CO2 Budget Trading Program. The regulation will be amended, as necessary and appropriate, to be consistent with the Regional Greenhouse Gas Initiative’s 2016 Program Review. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact Laura Stevens, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Parts 243, 244, 245, Transport Rule. These existing regulations will be updated to give the Department of Environmental Conservation the authority to allocate allowances under the Cross-State Air Pollution Rule adopted by the Environmental Protection Agency (EPA). These rules will be submitted to EPA as revisions to the New York State Implementation Plan. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments. Contact: Marie Barnes, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

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

6 NYCRR Part 251, CO2 Performance Standards for Major Electric Generating Facilities. The existing regulation will be amended to add carbon dioxide (CO2) emission limits applicable to existing electric generating facilities. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Laura Stevens, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 257, Air Quality Standards. Part 257, subparts 257-2 through 257-10, list the New York State Air Quality Standards (SAQS) promulgated by the Department over several decades. A number of these SAQS are outdated and have been superseded by Federal air quality standards and will be repealed or revised. The Department proposes to make the necessary changes to this regulation to achieve parity with federal standards and support its mission to preserve and protect air quality. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis and a Job Impact Analysis. Contact: Steven DeSantis, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8402. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

Division of Environmental Permits

6 NYCRR, Part 621, Uniform Procedure Act (UPA). Part 621 was last amended on October 14, 2009 with the last major changes having been made over one decade ago in 2006. Since that time several statutes and regulations that interface with Part 621 have been changed or amended. The Department proposes to update the main text of Part 621. Several minor changes and updates are proposed to align the text with the revised regulations. Also several minor clarifications and corrections are proposed to correct inaccurate references and clarify permitting procedures. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kent Sanders, New York State Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9168. E-mail: deppermitting@dec.ny.gov. Please include the Part number when emailing.

Division of Environmental Remediation

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

6 NYCRR Parts 370, 371, 372, 373, 374 and 376, Hazardous Waste Management Regulations ('FedReg6'). This rulemaking will incorporate, as appropriate, six federal rules that were adopted between July 31, 2013 and November 28, 2016, which are: (1) Solvent-Contaminated Wipes Rule, published in Federal Register on July 31, 2013, which modifies provisions for laundering and reuse that are currently administered by Program Policy DSW-HW-03-09, 'Regulatory Status of Laundered Industrial Rags and Soiled Clothing;' (2) Carbon Dioxide Sequestration Rule, published in Federal Register on January 3, 2014, which provides a conditional exclusion for carbon dioxide streams in geological sequestration activities; (3) Electronic Manifest Rule, published in Federal Register on February 7, 2014, which provides the legal and policy framework to authorize use of electronic manifests; (4) Definition of Solid Waste Rule, published in the Federal Register on October 30, 2008 and revised on January 13, 2015, which revises the definition of solid waste to conditionally exclude certain hazardous secondary material destined for reclamation; (5) Export-Import Revisions Rule, published in the Federal Register on November 28, 2016, which updates notification requirements to include electronic filing; and (6) Generator Improvements Rule, also published in the Federal Register on November 28, 2016, which reorganizes and updates the regulations for hazardous waste generators. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Michelle Ching, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553. E-mail: hwregs@dec.ny.gov. Please include 'FedReg6' in the subject line when e-mailing.

6 NYCRR Part 375 (Subparts 375-1 to 375-4, and 375-6), Environmental Remediation Programs. DEC proposes to amend subparts 375-1 to 375-4, and 375-6 to (1) incorporate legislative mandates which modify the tax incentives offered under the brownfield cleanup program (BCP); (2) incorporate the provision introduced in that legislation that a property is not eligible for the program unless the site "requires remediation," which will be defined in these regulations; (3) incorporate needed changes, clarifications, and modifications to the regulations based on the experience developed during the first decade of implementing the BCP. These changes will increase consistency across remedial programs administered by DER and provide DEC with the tools necessary to more effectively implement the programs; and (4) incorporate soil cleanup objective (SCO) changes, if any, resulting from the statutorily required five-year review. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: William Ottaway, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553.
E-mail: derweb@dec.ny.gov. Please include 'Part 375' in the subject line when e-mailing.

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

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

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

6 NYCRR Part 610, Certification of Onshore Major Facilities [Major Oil Storage Facility (MOSF) Regulations]. The Department 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 the Department 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 the Department's Program Policy DER-11, Procedures for Licensing Onshore Major Oil Storage Facilities; and (4) enhance monitoring, maintenance, procedures, and equipment requirements to prevent leaks and spills. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov. Please include 'Part 610' in the subject line when e-mailing.

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

6 NYCRR Part 613, Petroleum Bulk Storage Regulations. In this second phase of rulemaking for revisions to the Petroleum Bulk Storage (PBS) regulations, the Department proposes to amend Part 613 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive State Program Approval from EPA by incorporating new requirements from the federal regulations that the EPA promulgated in their July 2015 rule making; (2) clarify language of the existing requirements; and (3) incorporate State-initiated changes pertaining to the administration of the PBS program and its consistency with the CBS program, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov. Please include 'Part 613' in the subject line when e-mailing.

Division of Fish and Wildlife

6 NYCRR Part 10, 11, 18, 19, 35, 36 - Baitfish and Commercial Licenses. The Department is proposing to revise baitfish and inland commercial fishing regulations to eliminate baitfish collection conflicts, simplify the existing inland baitfish licensing fee schedule, and modify the regulatory structure for use of commercial gill nets and trap nets in Great Lakes waters. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gregory Kozlowski, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8896. E-mail: gregory.kozlowski@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 51, Public use of State Wildlife Management Areas. Statutory Authority: ECL 1-0101, 3-0301, 9-0105, and 11-2101. The Department is proposing to amend 6 NYCRR Part 51 to more clearly identify public use compatible with the legal and intended purposes of Wildlife Management Areas for wildlife dependent recreation and wildlife conservation. Where appropriate, revisions will more closely mirror provisions in 6 NYCRR Part 190 Use of state lands. These amendments may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Marcelo DelPuerto, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov. Please include the Part number when emailing.

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

6 NYCRR Part 151, Propagation and Sale of Fur-Bearing Animals. The Department is proposing to amend 6 NYCRR Part 151 to bring the regulations current with changes to ECL 11-1907, which became effective in April 2012. The statutory language now states that the department shall not issue any new licenses after April 1, 2012. The regulatory changes will provide for continued licensing of currently licensed individuals and will prohibit the issuance of new licenses. This amendment may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 153, Preserve Licenses. The Department is proposing to amend 6 NYCRR Part 153 to bring the regulations current with changes to multiple Sections of the ECL. The statutory language has removed the requirement for marking domestic game species with a Department provided tag and has extended the shooting season authorized for shooting preserve licenses. The regulatory changes will remove the carcass tagging requirements in Section 153.1 and will extend the shooting season as allowed in Section 153.2. In addition, the requirement for submission of an annual report will be removed from Section 153.1. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Sections Part 170.1 and 170.3, Miscellaneous Licenses. The Department is proposing to amend 6 NYCRR Sections 170.1 and 170.3 to remove the $1 fee for licenses issued for the importation of fish or wildlife from without to within the state. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 174, Sale of Live Birds. The Department is proposing to amend 6 NYCRR Part 174 to simplify the regulatory language and to clearly state for what purposes a license is required. Part 174 will be repealed in its entirety and a new Part 174 will be written. Changes will also include the removal of the records retention requirement in 174.3(c). This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov. Please include the Part number when emailing.

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

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

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

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

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

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

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

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

Office of Hearings and Mediation Services

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

6 NYCRR Part 624, Permit Hearing Procedures. The Department 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 rule making may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis. Contact: Louis A. Alexander, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 14th Floor, Albany, NY 12233-1010. E-mail: louis.alexander@dec.ny.gov.

Division of Lands and Forests

6 NYCRR Part 190, Use of State Lands, Lake Placid to Tupper Lake Recreational Trail. These regulations will guide the management of this recreational corridor. Contact: Francis Sheehan, New York State Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250, Telephone: (518) 402-9409, E-mail: francis.sheehan@dec.ny.gov, Contact: Peter Frank, New York State Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: peter.frank@dec.ny.gov.

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

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

6 NYCRR Part 510, Unmanned Aircraft. Adopt a new Part 510 to control, track and manage the use of unmanned aircraft systems also referred to as drones on Department of Environmental Conservation owned lands and waters. Contact: Scott McDonnell, New York State Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4253, Telephone: (518) 402-9425, E-mail: scott.mcdonnell@dec.ny.gov.

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

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

6 NYCRR Part 190, Use of State Lands. Addition of a new section 190.36, Northern Catskill Riparian Areas. These regulations will address public safety and environmental issues at the Department managed Kaaterskill Falls, Kaaterskill Clove, Platte Clove and Colgate Lake. Contact: Peter Frank, New York State Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: peter.frank@dec.ny.gov.

6 NYCRR Part 190, Use of State Lands. Amend section 190.35, Peekamoose Valley Riparian Corridor. These regulations will address the continued overuse of the area by requiring the public to obtain a day use permit to access the area with the intention of limiting the number of visitors and consequently protecting the resource. Contact: Peter Frank, New York State Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: peter.frank@dec.ny.gov.

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

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

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

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

Division of Marine Resources

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

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

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

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

6 NYCRR Part 40, Marine Fish. The Department proposes to amend regulations pertaining to the management of marine and diadromous fishes to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), or with the requirements of Environmental Conservation Law, or pursuant to the Federal Sustainable Fisheries Act for such species. Proposed amendments will also provide compliance with National Marine Fisheries Service requirements and other federal laws. The Department proposes to amend the regulations to define what methods are allowed for recreational anglers to take fish. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters; and to create a definition for proof of residency and establish requirements for providing such proof of residency when obtaining marine license and permits. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters who also hold federal harvesting licenses to require them to notify the Department of the agency that they are reporting to, as well as to clarify reporting requirements specific to federal Highly Migratory Species (HMS) permits to be able to collect invaluable harvest data that is not captured by any other means. The Department proposes to amend the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits with an acceptable substitute for 50 percent of earned income and tax records and make changes to striped bass commercial fishing permit reissuance and striped bass commercial permit tag provisions. New regulations will be proposed to make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. The Department proposes to adopt regulations to establish a commercial eel permit with reporting requirements statewide, and to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. The Department proposes to amend commercial fishing regulations for American eel to establish quota-based fishing limits and closures. The Department proposes to adopt regulations which will require the use of bait bags when fishing with eel pots. The proposed amendments will adopt changes to the shipping, labeling and packing requirements to require harvester's fishing vessel trip report numbers on labels for quota managed species and adopt regulations to clarify provision for records retention by food fish shippers and dealers. The Department proposes amendments to establish seasonal area gear closures to decrease bycatch of Atlantic sturgeon. In order to comply with NOAA requirements, the Department proposes amendments to coastal shark regulations to prohibit the harvest of blacknose sharks, allow a limited exception for smoothhound sharks to the general prohibition on landing sharks without fins attached, allow for seasonal adjustments of landing limits for large coastal sharks and hammerheads, and to specify that recreational shark size limits are measured in fork length. The Department also proposes to adopt gear restrictions for the shore based shark fishery to discourage fishing on prohibited shark species. The Department proposes amendments to cod and squid regulations to allow for seasonal adjustments of landing limits and to revise the commercial cod size limit. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, the Department will propose to amend regulations that specify the classification (certified or uncertified) of shellfish lands. These amendments are necessary to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified or closed to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified (open) for the taking of shellfish. Additionally, shellfish lands that have not been subject to a sanitary survey conducted within the previous ten (10) years shall be designated as uncertified. Shellfish are defined in law as oysters, scallops, and all kinds of clams and mussels. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: William Hastback, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0479. E-mail: william.hastback@dec.ny.gov. Please include the Part number when emailing.

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

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

6 NYCRR Part 44, Lobsters and Crabs. The Department proposes to amend regulations pertaining to the management of lobsters, decapod crabs, and horseshoe crabs to maintain the health of such species and to prevent the introduction of exotic species. These proposed regulations will comply with fishery management plans developed by the Atlantic State Marine Fisheries Commission (ASMFC) for these species and with requirements of the Environmental Conservation Law. The proposed regulations will include general provisions consistent with those found in Part 40. The proposed amendments will allow for flexibility in the type of vent used in crab traps, establish open crab dredge seasons and areas, and revise blue crab size limits. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters who also hold federal harvesting licenses to require them to notify the Department of the agency that they are reporting to, which will be consistent with regulations found in Part 40. The Department proposes to adopt regulations to implement the new ASMFC Interstate Fishery Management Plan for Jonah Crab which will include a special permit, size limit, bycatch limit, rules on harvest of parts, effort controls and other management measures based on details of the plan. The Department proposes to clarify current language and remove unnecessary regulations. Horseshoe crab 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 and to respond to the continued depletion of the stock. The Department will propose lobster regulations based on the details of the Addendum. The Department will propose rules to prohibit the liberation of non-local crustaceans into New York's marine district. Rules will be developed to modify lobster trap tag allocations in order to implement trap transferability program. The Department will develop rules to establish consistency between State and Federal lobster regulations in regards to traps removal and application of the most restrictive rule during lobster fishery closed seasons. The Department will also develop rules to establish a minimum age for the non-commercial lobster license. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Division of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0454. E-mail: kim.mckown@dec.ny.gov. Please include the Part number when emailing.

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

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

6 NYCRR Part 50, Miscellaneous Marine Species. The Department proposes to adopt new regulations for the protection and management of various other marine species. The immediate need is for the adoption of regulations for the protection and management of whelks (also known as conch, Busycon spp). These regulations will include size limits, specifications for marking and placement of whelk fishing gear, trap limits and other regulations necessary to manage the whelk fishery. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters who also hold federal harvesting licenses to require them to notify the Department of the agency that they are reporting to, which will be consistent with regulations found in Part 40. The Department also proposes to adopt regulations which will require the use of bait bags when fishing with whelk traps. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0454. E-mail: kim.mckown@dec.ny.gov. Please include the Part number when emailing.

Division of Materials Management

6 NYCRR Part 321 Pesticides in Grape Vineyards, Part 322 Pesticides in Grape Vineyards, Niagara County, Part 323 Pesticides In Grape Vineyards, Chautauqua County, Southern Townships, Part 324 Pesticides In Grape Vineyards, Erie County, and Part 325 Application of Pesticides will be repealed and replaced with new Parts 321-325. This rule making will include comprehensive reorganization and revisions to the current rule to update the current pesticide use regulations, including 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. These rules will also incorporate federal certification and training regulations contained in 40 CFR Part 170 and the provisions currently in Part 326 Registration and Classification of Pesticides related to the sale of restricted use pesticides. In addition, Part 326 will be revised to address the registration of minimum risk pesticides. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Tricia Newell, New York State Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8748. E-mail: pestmgt@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR, Part 327, Rules and Regulations Relating to the Use of Chemicals for the Control or Elimination of Aquatic Vegetation. Part 327 will be amended to incorporate relevant provisions of Part 328 (Rules and Regulations Relating to the Use of Chemicals for the Control or Elimination of Undesirable Fish) and Part 329 (Rules and Regulations Relating to the Use of Chemicals for the Control or Elimination of Aquatic Insects) and to reflect the current statutory requirement of the Environmental Conservation Law. 6 NYCRR Part 328 and 6 NYCRR Part 329 will be repealed. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Anthony Lamanno, New York State Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: pestcomp@dec.ny.gov. Please include the Part number when e-mailing.

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

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

Division of Mineral Resources

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

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

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

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

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

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

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

Division of Operations

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

Division of Water

6 NYCRR Part TBD, Water Well Registration and Reporting. A new Part will be developed in conjunction with ECL section 15-1525 to establish registration, reporting, certification, and enforcement provisions. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Diane English, Section Chief, Bureau of Water Resource Management, Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233. Telephone: 518-402-8195. E-mail: diane.english@dec.ny.gov.

6 NYCRR Part TBD - Waste Water Reuse. Regulations are needed to reflect the provisions in ECL section 15-0605 regarding water efficiencies and the promotion of the reuse of reclaimed wastewater. This may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Koon Tang, Director of Bureau of Water Resource Management, Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233. Telephone: 518-402-8086. E-mail: koon.tang@dec.ny.gov.

6 NYCRR Part 485 - State Pollutant Discharge Elimination System (SPDES) Program Fees. The SPDES program fees were changed in 2009 through amendments to ECL section 72-0602. Part 485 will be amended to conform the SPDES fees in regulation to the fees in statute. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, Director, Bureau of Water Permits, Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-8111. E-mail: carol.lamb-lafay@dec.ny.gov.

6 NYCRR Part 502 - Floodplain Management Criteria for State Projects. Revisions will update language to comply with enabling legislation and will update criteria to comply with changes in Federal Emergency Management Agency regulations and New York State Building Code. Part 502 was last updated in 1984. Revisions will include updated definitions, clarifying floodway encroachment requirements, changing lowest floor elevation requirements to reflect the Building Code of New York State, and clarifying the variance application and decision process. This rule making 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, New York State Department of Environmental Conservation, Albany, NY 12233-3507 Telephone 518-402-8185. E-mail: alan.fuchs@dec.ny.gov.

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

6 NYCRR Part 602 - Long Island Agricultural Water Wells. Revisions are needed to reflect that the permit exemption for agricultural water wells on Long Island was eliminated in 1992 by the introduction of paragraph 7 of ECL section 15-1527. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Koon Tang, Director of Bureau of Water Resource Management, Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233. Telephone: 518-402-8086. E-mail: koon.tang@dec.ny.gov.

66 NYCRR 676 - Salt Storage. A new part will be added to regulate the private and municipal storage of road salt and road salt/sand mixtures. Regulations are needed to protect waters of the state from contamination due to the uncovered storage of road salt and road salt/sand mixtures. The rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, Director, Bureau of Water Permits, Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-8111. E-mail: carol.lamb-lafay@dec.ny.gov.

6 NYCRR Parts 700 - 706 Water Quality Standards. Revisions will add/revise ambient water quality standards, standard-setting procedures, implementation procedures, and other regulatory provisions. This rule making 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, New York State Department of Environmental Conservation, Albany, NY 12233-3502. Telephone 518-402-8193. E-mail: scott.stoner@dec.ny.gov.

6 NYCRR Part 750 - State Pollutant Discharge Elimination System (SPDES) Permits. Revisions are necessary to incorporate new federal criteria and standards. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, Director, Bureau of Water Permits, Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402- 8111. E-mail: carol.lamb-lafay@dec.ny.gov

6 NYCRR Part 910 - St. Lawrence River Drainage Basin. Revisions will reclassify surface waters as needed to provide water quality protection consistent with designated best usages, as well as the Clean Water Act (CWA) Section 101(a)(2) goals. This rule making 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, New York State Department of Environmental Conservation, Albany, NY 12233-3502. Telephone 518-402-8193. E-mail: scott.stoner@dec.ny.gov

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

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

SAPA Section 207 -- 3-Year Rule Review

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

Division of Air Resources

6 NYCRR Part 212 Process Operations. Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, 71-2105. The June 14, 2015 rule making established consistent terminology between Part 212 and 6 NYCRR Part 200 (Part 200) and 6 NYCRR Part 201 (Part 201); establish a Toxic- Best Available Control Technology (T-BACT) standard for toxic air contaminants; clarify the interaction between Part 212 and the National Emission Standards for Hazardous Air Pollutants (NESHAPs); and controlled High Toxicity Air Contaminants (HTACs) to the greatest extent possible. The 2015 revision of Part 212 did not address 212-4 "Control of Nitrogen Oxides for Hot Mix Asphalt Production Plants," and will be re-evaluated in the next regulatory update.

6 NYCRR Part 218 Emission Standards for Motor Vehicles and Motor Vehicle Engines. Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, 71-2105 and Section 177 of the federal Clean Air Act (42 USC 7507). Incorporate California's revised greenhouse gas and ZEV program standards and annual publication of ZEV credit balance information. Part 218 is proposed to be amended to revise the existing aftermarket catalytic converter standards (refer to main section of regulatory agenda).

6 NYCRR Part 243, 244, 245 Transport Rule NOX Ozone Season Trading Program, Transport Rule NOX Annual Trading Program and Transport Rule SO2 Trading Program, respectively. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103 and 71-2105. The proposal and adoption of Parts 243, 244 and 245 resulted in the replacement of Clean Air Interstate Rule requirements with applicable Cross-State Air Pollution Rule requirements. Amendments to these regulations are being considered at this time.

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

Division of Environmental Remediation

6 NYCRR Part 570, Liquefied Natural Gas (LNG); Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 23-1703, 23-1705, 23-1707, 23-1709, 23-1711, 23-1713, 23-1715, 23-1717 and 23-1719. New Part 570 was adopted on January 21, 2015 to establish criteria for the siting of and to require DEC permits for LNG facilities per ECL Article 23, Title 17. No amendments will be made at this time.

6 NYCRR Parts 596, 597, 598, and 599, Chemical Bulk Storage (CBS). Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 17-1743, 37-0101 through 37-0107, and 40-0101 through 40-0121. CBS regulations were amended to harmonize State regulations with federal rule 40 CFR 280 so that similar sets of regulatory requirements govern CBS facilities in the State. These amendments were adopted on September 11, 2015. No further amendments will be made at this time. See 2018 DEC Regulatory Agenda for information pertaining to the Phase 2 rule making for amendments to 6 NYCRR Parts 596-599.

6 NYCRR Part 613, Petroleum Bulk Storage (PBS); 6 NYCRR 370.1(e)(2), Hazardous Waste Management - General; 6 NYCRR 374-2, Standards for the Management of Used Oil. Statutory Authority: Environmental Conservation Law (ECL) sections 1-0101, 3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 17-1001 through 17-1017, and 17-1743; ECL Article 23, Title 23, Article 27, Titles 7 and 9; Navigation Law sections 173, 175, 176, 178, and 191. The PBS rule making repealed Parts 612-614 and they were replaced with a restructured Part 613 to harmonize State regulations with federal rule 40 CFR 280 so that similar sets of regulatory requirements govern PBS facilities in the State. Part 613 includes standards for PBS tank systems that are applicable to tanks storing used oil. Provisions of section 370.1(e)(2) and Subpart 374-2 were revised to address changes to definitions and cross-references related to proposed Part 613. Amendments were also made to account for changes to 40 CFR Part 279, and revisions made to federal rules between July 30, 2003 and April 13, 2012 were incorporated into 370.1(e)(2) and Subpart 374-2. The PBS and used oil management amendments were adopted on September 11, 2015. No further amendments will be made at this time. See 2018 Regulatory Agenda for information pertaining to: (1) Phase 2 rule making for amendments to 6 NYCRR Part 613 and (2) amendments for 6 NYCRR Parts 370-374, 376 of the Hazardous Waste Management regulations.

Contact: Angela Chieco, Regulatory Coordinator for Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7012. Telephone: 518-402-9764. E-mail: derweb@dec.ny.gov

Division of Fish and Wildlife

6NYCRR Part 1 Single Species, Section 1.11, Deer hunting seasons and Section 1.30, Deer management assistance program. Statutory authority: Environmental Conservation Law, sections 11-0303, 11-0903(10), 11-0903(11) and 11-0907. An amendment to adjust antlerless deer harvest regulations to meet local population management needs and improve the Deer Management Assistance Permit program. The Department is challenged to manage deer populations across a diverse range of environmental conditions and desired population levels. This amendment modified hunting regulations to allow for deer population growth in some areas (Wildlife Management Unit (WMU) 6A in the St. Lawrence Valley), and increase hunting opportunity (with the goal of increasing deer harvest) in areas with overabundant deer populations (WMUs 1C, 3M, 3S, 4J, 8A, 8C, 8F, 8G, 8H, 8N, 9A, and 9F, which include portions of southeastern New York and throughout the Lake Plains and northern Finger Lakes area of central and western New York). Additionally, this rule making refined the Deer Management Assistance Program (DMAP), which provides site-specific deer management options for landowners and land-managers, expanding opportunity for landowners adjacent to unhunted public lands to mitigate deer-related damage, reduce paperwork burden for applicants and staff, increase flexibility for staff in administering DMAP, and improve reporting of harvest through DMAP. Modifications to the DMAP program continue to be appropriate to adequately manage site-specific deer populations. Modified hunting regulations in WMU 6A appear to be achieving their desired effect and may be altered to restore antlerless harvest opportunity. Additionally, the modified regulations intended to increase deer harvest in WMUs 1C, 3M, 3S, 4J, 8A, 8C, 8F, 8G, 8H, 8N, 9A, and 9F were determined to be ineffective and were rescinded in 2015.

6NYCRR Part 1, Single Species, Section 1.40, Hunting wild turkey. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0303, 11-0903, 11-0905, 11-0917 and 11-1101. Amend wild turkey hunting regulations to revise the fall hunting season structure (season zones, season length, bag limit) to better align harvest opportunities with current wild turkey populations and environmental conditions (habitat, weather, predator populations). During the fall season a turkey of either sex may be taken. Overharvesting hens can cause populations to decline. In order to ensure that the turkey harvest is sustainable, we must adjust fall hunting seasons so that they are more appropriate for the current status of wild turkey populations in light of limiting factors such as hen survival, productivity, and habitat quality. Changes made in 2015 are being evaluated based on harvest and turkey abundance data, and adjustments to the fall season will be made as warranted by environmental conditions and turkey populations. No amendments are planned at this time.

6NYCRR Parts 10, 18, 19 and 35, Sportfish Activities and associate activities. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-1316, and 11-1319. These amendments promote optimum fishing opportunity for public use consistent with resource conservation. No amendments required.

6NYCRR Part 189, Chronic Wasting Disease. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0325, 11-1905 and 27-0703. Amend Part 189 related to the discovery of chronic wasting disease in deer in Ohio to prevent importation of chronic wasting disease infectious material from the State of Ohio into New York. On October 23, 2014 DEC was notified that Ohio confirmed its first case of chronic wasting disease (CWD). New York must ensure that no CWD-infected material is transported into the State and therefore needs to remove Ohio from the list of states that are allowed to export the carcasses of wild, CWD-susceptible cervids obtained or harvested from Ohio into New York unless those carcasses have certain parts removed before importation into New York. Further amendments are currently being evaluated pending adoption of the New York State Interagency CWD Risk Minimization Plan including restrictions associated with the importation of cervid carcasses from outside the state.

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

Division of Lands and Forests

6 NYCRR Section 192.7, Control of the Emerald Ash Borer. 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), Environmental Conservation Law Article 9, Title 13. This regulation is needed to restrict Emerald Ash Borer to restricted zones where infestations exist. At this time, no amendments to this regulation are planned for the coming year.

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

Division of Marine Resources

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

6 NYCRR Part 44, Lobster and Crabs. Statutory authority: Environmental Conservation Law, sections 3-0301, 13-0105 and 13-0329. Part 44 was amended to revise the closed season for the harvest and landing of lobster from Lobster Conservation Management Area (LMA) 4 and repeal the mandatory V-notching of female lobsters in LMA 4. This rule will ensure New York remains in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plan (FMP) for American Lobster. Part 44 will be amended as necessary for New York State to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, sections 11-0303, 11-1521, 13-0339, 13-0347 and 13-0105. Part 40 was amended to reduce commercial and recreational harvest of striped bass and to ensure New York State remains in compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Striped Bass. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 49, Shellfish Management. Statutory authority: Environmental Conservation Law, section 13-0327. Part 49 was amended to extend the bay scallop season by one month before the season closed on March 31, 2015. The rule, adopted as an emergency, expired after 90 days.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, sections 11-0303, 13-0105 and 13-0340-f. Part 40 was amended to reduce the recreational harvest for black sea bass. This rule making was necessary to ensure New York State maintains compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan (FMP) for Black Sea Bass. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory authority: Environmental Conservation Law, sections 13-0307 and 13-0319. Part 41 was amended to designate as uncertified (closed to shellfish harvest) either year-round or seasonally shellfish growing areas in the towns of Hempstead, Oyster Bay, Huntington, Smithtown, Islip, Brookhaven, Riverhead, Southampton, East Hampton and Southold. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause illness in those individuals who consume them. Bacteriological water quality testing is an ongoing task; shellfish growing areas will be classified as necessary based on the results of the water quality studies. Part 41 will be amended as needed.

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

Division of Water

6 NYCRR Parts 701 and 703, Water quality standards for Class I and Class SD waters in New York City and Suffolk County. Amended New York's water quality standards for Class I and Class SD waters to meet the "swimmable" goal of the Clean Water Act. Statutory authority: Environmental Conservation Law, arts. 3, 15 and 17, sections 3-0301, 15-0313, 17-0101 and 17-0301. Further amendments are currently being evaluated.

Contact: Michelle Tompkins, Regulatory Coordinator for the Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8221. E-mail: michelle.tompkins@dec.ny.gov

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

Introduction

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

SAPA Section 207 -- 5-Year Rule Review

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

Division of Air Resources

6 NYCRR Part 201, Permits and Registrations. Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303,19-0305, 19-0306, 19-0311, 70-0109, 71-2103, and 71-2105; 40 CFR part 70; United States Code, § 7661[b], Federal Clean Air Act, §§ 160-169, 171-193 [42 U.S.C. 7470-7479; 7501-7515]. Part 201 will be amended to make certain minor wording changes, correct typographical errors, and other minor corrections to ensure consistent implementation across regions.

6 NYCRR Part 203, Indirect Sources of Air Contamination. Part 203 was a regulation that applied to any new or modified indirect source of air contamination south of 60th Street, Manhattan. The regulation was repealed.

6 NYCRR Subpart 225-1, Fuel Composition and Use. Statutory authority: Environmental Conservation Law §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0325, 71-2103, and 71-2105; and obligations under the Federal Clean Air Act. The revisions to Subpart 225-1 primarily included the lowering of the sulfur-in-fuel limits for all distillate and residual oils sold, purchased, and/or used in portable or stationary sources throughout New York State. These revisions were initiated as a component of the State Implementation Plan (SIP) directed at attainment of the particulate matter less than or equal to 2.5 microns in diameter (PM-2.5) national ambient air quality standard (NAAQS), the sulfur dioxide (SO2) NAAQS, and the Department's obligations under the regional haze SIP submitted to the U.S. Environmental Protection Agency (EPA) in 2010. There are no plans to amend Subpart 225-1 this year as the requirements remain current.

6 NYCRR Part 228, Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers (Subpart 228-1, Surface Coating Processes and Subpart 228-2 Commercial and Industrial Adhesives, Sealants and Primers). Statutory authority: Environmental Conservation Law §§ 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105; and obligations under the Federal Clean Air Act (CAA). The revisions to Subpart 228-1 added seven Control Techniques Guidelines (CTGs) issued by the U.S. Environmental Protection Agency (EPA) between 1996 and 2008 and required to be incorporated into the State Implementation Plan (SIP) for New York. Each of the federal CTGs established Reasonably Available Control Technology (RACT) for volatile organic compounds (VOCs) emitted by the surface coating processes identified in the CTGs. The revisions to Subpart 228-2 made clarifying and non-substantive changes. Revisions to Subpart 228-1 are planned for this year in order to lower the VOC limits for surface coatings used in motor vehicle and mobile equipment repair and refinishing.

6 NYCRR Part 240, Transportation Conformity. Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, and 19-0305. The air quality provisions of the Clean Air Act require a planning process that integrates air quality and transportation planning such that transportation investments support clean air goals. This process is known as transportation conformity. The amendments to Part 240 detailed the process for transportation agencies to demonstrate conformity. The current regulations continue to meet the federal transportation conformity requirements of 40 CFR Part 93 therefore no amendments are planned at this time.

6 NYCRR Part 242, CO2 Budget Trading Program. Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105. Part 242 was amended to lower the emissions cap starting in 2014, declining by 2.5 percent per year through 2020. Pursuant to 2016 Program Review, amendments to Part 242 to reduce the cap by 30 percent through 2030 are being considered at this time.

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, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, and 71-2105. Part 248 requires the retrofit of subject vehicles to occur by December 31, 2013. Due to a change in the underlying statute (Part UU of Chapter 58, Laws of 2017), DEC will not enforce the requirement to complete the application of best available retrofit technology on subject vehicles until January 1, 2019. Similarly, Part 248 currently requires subject vehicles that have received a useful life waiver pursuant to section 4.1(c) of 6 NYCRR Part 248 cease to be used in New York State by December 31, 2013. Due to the change in the underlying statute (Part UU of Chapter 58, Laws of 2017), DEC will not enforce the requirement that subject vehicles that have received a useful life waiver pursuant to section 4.1(c) of 6NYCRR Part 248 cease to be used in New York State until after January 1, 2020. The referenced enforcement discretion letter is dated May 12, 2017. All other provisions of Part 248 remain in effect and will be enforced. No changes to Part 248 are proposed.

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

Division of Environmental Permits

6 NYCRR Part 617.20 Appendixes A and B, Statutory Authority Environmental Conservation Law, Article 8. This rule amended the environmental assessment forms that were previously contained in appendices A, B and C (now A and B). The purpose of the rule was to modernize the environmental assessment forms based. As part of its five year review and in response to comments received in its current rule making on the text of Part 617, DEC may modify and update the forms to reflect perspective changes proposed to the text of Part 617.

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

Division of Fish and Wildlife

6NYCRR Part 155/Section 155.1 Sale of Black Bass. Statutory authority: Environmental Conservation Law, sections 11-0507-01, 11-13-19 and 11-1902-02. This amendment facilitates the marketing of largemouth bass for human food purposes including sale at restaurants. No amendment required.

6 NYCRR Part 180/Section 180.9, Exemption for the Possession and Sale of Bighead Carp; repeal the current exemption for the sale of bighead carp. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0303, 11-0305, 11-0507, and 11-0511. Rule was promulgated to remove exceptions to allow for bighead carp to be sold, possessed, transported, imported and exported in NYC and immediate vicinity so New York was in compliance with the federal "Asian Carp Prevention and Control Act" which added these fish as an Invasive and Injurious Species in 18 USC 42. No amendment required. New York must remain compliant with established Federal statutes.

6 NYCRR Part 189, Chronic Wasting Disease. Statutory authority: Environmental Conservation Law, sections 3-0301,11-0325, 11-1905 and 27-0703. Amend Part 189 related to the discovery of chronic wasting disease in deer in Pennsylvania to prevent importation of chronic wasting disease infectious material from the State of Pennsylvania into New York. On October 11, 2012 DEC was notified that Pennsylvania confirmed its first case of chronic wasting disease (CWD). New York must ensure that no CWD-infected material is transported into the State and therefore needs to remove Pennsylvania from the list of states that are allowed to export the carcasses of wild, CWD-susceptible cervids obtained or harvested from Pennsylvania into New York unless those carcasses have certain parts removed before importation into New York. Further amendments are currently being evaluated pending adoption of the New York State Interagency CWD Risk Minimization Plan including restrictions associated with the importation of cervid carcasses from outside the state.

6 NYCRR, Part 2, More Than One Species, Section 2.30, Migratory game birds. Statutory authority: Environmental Conservation Law, sections 11-0303, 11-0307, 11-0903, 11-0909 and 11-0917. This rule making modified regulations pertaining to the special snow goose harvest program in New York. This program was established in NY in many other states in 2008 to increase harvest of snow geese to help reduce environmental damage caused by the overabundance of these birds in eastern North America. Wildlife agencies, ecologists and environmental organizations are all concerned about the impacts that overabundant snow geese are having on arctic ecosystems, coastal wetlands, and agricultural crops. In response to these concerns, wildlife managers and scientists in the U.S. and Canada have recommended that the snow goose population in eastern North America be reduced to 500,000 birds. To accomplish this, regular season hunting regulations have been liberalized to the maximum extent allowed under the Migratory Bird Treaty Act. In addition, the U.S. Fish and Wildlife Service (USFWS) adopted a "conservation order" in 2008 allowing states in the Atlantic Flyway to implement special snow goose harvest programs in addition to regular hunting seasons. Wildlife agencies in New York, New Jersey, Pennsylvania, Vermont, Connecticut, Maryland, Delaware, and Virginia have all implemented such special snow goose harvest programs. Goals of the Conservation Order were to increase the interest and effectiveness of recreational snow goose hunters, and allow additional hunting periods and techniques distinct from traditional recreational hunting. Based on current population estimates, these measures are still needed. No amendments planned at this time.

6 NYCRR, Part 2, More Than One Species, Section 2.20, Hunting small game mammals; opossum, weasel, skunk, black, gray and fox squirrels, raccoon, cottontail rabbit, varying hare, European hare, bobcat, red fox, gray fox, and coyote, and Part 6, More Than One Species, Section 6.2, Mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten trapping seasons and bag limits, and Section 6.4, Experimental research trapping seasons for bobcat and fisher. Statutory authority: Environmental Conservation Law, sections 11-0901, 11-0903, 11-0905, 11-1101 and 11-1103. Following adoption of the New York State Bobcat Management Plan, regulations were amended to make existing bobcat hunting and trapping seasons uniform, and to establish new bobcat hunting and trapping season in the southern tier. The changes provided additional, sustainable bobcat harvest opportunities in many areas of the state and standardized hunting and trapping season dates in areas where bobcat harvest opportunities already existed. The changes also established the requirement for a free, special permit for bobcat hunting and trapping in the "Harvest Expansion Area" (HEA) in central and western New York that allowed wildlife managers to track hunting and trapping participation and harvest pressure, and to collect biological information on bobcats harvested. Bobcat hunting and trapping regulations were amended in 2017 to remove the requirement for a special permit for the HEA. After three seasons of data collection, sufficient information on harvest pressure and take has been collected and the special permit is no longer needed. Hunters and trappers who pursue bobcats in the HEA are still required to have a hunting or trapping license and to have the animal pelt sealed. No further amendments planned at this time.

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

Division of Lands and Forests

6 NYCRR Section 190.10(f), Henderson Shores Unique Area. Environmental Conservation Law sections, 1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m), 9-0105(1) and 9-0105(3). This regulation is needed to protect public safety and natural resources on the Henderson Shores Unique Area. No amendments to this regulation are planned for the coming year since implementation has been satisfactory.

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

Division of Marine Resources

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law sections 11-0303, 13-0105 and 13-0340-f. Part 40 was amended by emergency adoption to extend the recreational black sea bass fishing season through March 1, 2013 and to reduce the recreational black sea bass minimum size. This rule making gave New York State anglers additional opportunities to fish for black sea bass, and provided the New York State recreational fishing industry (party and charter boats, bait and tackle shops, marinas) opportunities for increased revenue. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 44, Lobster and Crabs. Statutory authority: Environmental Conservation Law, sections 3-0301, 13-0105 and 13-0329. Part 44 was amended to create a closed season for the harvest and landing of lobster from Lobster Conservation Management Area (LMA) 4. This rule will ensure New York remains in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plan (FMP) for American Lobster. The rule is necessary to begin rebuilding the southern New England lobster stock and to avoid potential federal sanctions imposed for lack of compliance with the ASMFC management plan. Part 44 will be amended as necessary for New York State to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law sections 11-0303,13-0105, 13-0340-b, 13-0340-e and 13-0340-f. Part 40 was amended to adjust the summer flounder recreational season and reduce the summer flounder recreational minimum length; to reduce the scup recreational minimum length and increase the scup recreational possession limit; and to adjust the black sea bass recreational season and decrease the black sea bass recreational possession limit. This rule has since been modified in 2014, 2015, 2016, and 2017 to ensure that New York State continues to satisfy the requirements of the Atlantic States Marine Fisheries Commission Summer Flounder, Scup and Black Sea Bass Fishery Management Plan. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate management plans.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law sections 11-0303, 11-1303, 13-0105 and 13-0342. Part 40 was amended to establish quota based management for commercially caught Atlantic menhaden and a recreational possession limit for Atlantic menhaden. This rule is needed to prevent overfishing on Atlantic menhaden, ensure New York remains in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plan (FMP) for Atlantic Menhaden and avoid potential federal sanctions imposed for non-compliance with the management plan. Part 40 will be amended as necessary for New York to remain in compliance with federal rules and interstate management plans.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory authority: Environmental Conservation Law, sections 13-0307 and 13-0319. Part 41 was amended to designate as uncertified (closed to shellfish harvest) either year round or seasonally shellfish growing areas in the towns of Hempstead, Islip, Brookhaven, Southampton, East Hampton and Southold. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause illness in those individuals who consume them. Bacteriological water quality testing is an ongoing task; shellfish growing areas will be classified as necessary based on the results of the water quality studies. Part 41 will be amended as needed.

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

Division of Water

6 NYCRR, Repeal of Parts 601 and 675; addition of a new Part 601; and amendment of section 621.4. Water withdrawal permit reporting and registration program. Implement amendments to Environmental Conservation Law (ECL) Article 15, Title 16, 6 NYCRR 675 and ECL Article 15 title 33. Statutory authority: Environmental Conservation Law, sections 3-0301(1)(f), (2)(m), 3-0306(4), 8-0113(2), 70-0107; art. 15, titles 15, 16 and 33; art. 21, title 10; art. 70 and SAPA art. 2. No amendments planned at this time.

6 NYCRR Subpart 750-1, 6 NYCRR Subpart 360-4 and 6 NYCRR Subpart 360-5 to remove the requirement that certain CAFOs maintain ECL SPDES Permit coverage; revise land application, storage and composting rules. Statutory authority: 33 U.S.C. 1251, et seq. (Federal Water Pollution Control Act); Environmental Conservation Law, art. 3, title 3, art. 17, titles 3, 5, 7, 8; art. 27, titles 1, 3, 5, 7, 9, 13, art. 70, title 1 and sections 1-0101, 8-0113, 11-0325, 19-0301, 19-0303, 19-0304 and 19-0306 No amendments planned at this time.

Contact: Michelle Tompkins, Regulatory Coordinator for the Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8221. E-mail: michelle.tompkins@dec.ny.gov.

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

The NYS Department of Environmental Conservation Regulatory Agenda was published in the January 3, 2018 issue of the State Register.

Last updated September 4, 2018