Regulatory Agenda

DEC January 2009 Regulatory Agenda and 5-Year Rule Review

Introduction

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

Division of Air Resources

6 NYCRR Part 200, General Provisions. Part 200 will be amended to add new non-attainment areas as designated by the United States Environmental Protection Agency for areas in New York State that do not meet new National Ambient Air Quality Standards. Contact: Robert Bielawa, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 201, Permits and Registrations. Part 201 contains the basic application and permitting requirements for the construction, operation and modification of air contamination sources within the state. It is expected that Part 201 will be revised in the coming year. The purpose of the revisions will be to improve implementation by removing outdated requirements; clarifying permitting and application requirements, including those dealing with exemptions and capping; adding and/or amending definitions; enhancing permit requirements for minor sources; and correcting typographical errors. In addition, Part 201 will be modified in connection with the Prevention of Significant Deterioration (PSD) and New Source Review (NSR) rulemaking (Part 231) to ensure consistency between the regulations. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Styk, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 202, Emissions Verification. The Department is proposing to revise 6 NYCRR Subpart 202-2, Emission Statements to include the reporting of Greenhouse Gases (GHGs) as part of the annual emission statement process. The six GHGs include; Carbon Dioxide (CO2), Methane (CH4), nitrous oxide (N2O), chlorofluorocarbons (CFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3258. Telephone: 518-402-8401. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 204, NOx Budget Trading Program. These rules may be repealed in 2009 if the federal court of appeals leaves the Clean Air Interstate Rule (CAIR) in place pending remand to EPA to develop a revised rule. If the vacatur of CAIR is left intact, Parts 237 and 238 will be amended to include emission reductions expected from the CAIR program. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 205. Architectural and Industrial Maintenance (AIM) Coatings. The existing regulation will be updated to clarify some implementation issues that have arisen since it was adopted in 2003. This includes adding a category and VOC limit for driveway sealers and foundation coatings, removing the "most restrictive limit exception" for impacted immersion coatings, revising language to eliminate a loophole in the "default" limit provision, providing flexibility on labeling requirements for non-standard reusable containers, and revising the reporting requirements to include products that are sold out of state and sold in containers of one liter or less. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Scott Griffin, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

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

6 NYCRR Part 212, General Process Emission Sources. A new Subpart, Asphalt Paving Production, will be added to regulate NOx emissions and establish fuel sulfur limits for the production of asphalt paving. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 217, Motor Vehicle Emissions. The existing regulation will be amended to include revisions to the heavy duty diesel vehicle I&M test procedures and to reflect the anticipated adoption of Part 248, allowing for retrofitted vehicles to be exempt from annual testing, and will be modified to include light duty diesel vehicles in OBD testing statewide. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Anthony Tagliaferro, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255, Telephone: 518-402-8292. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. The existing regulation will be amended to incorporate revisions California has made to its emission control program to amend the Zero Emission Vehicle requirements; and to otherwise update various incorporation by reference citations included in the Low Emission Vehicle program. 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: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 219, Incinerators. Subparts 219-1, 219-2, 219-3, 219-4, 219-5, 219-6, 219-7 and 219-8 will be updated as necessary to clarify the operator training and certification requirements. Language and terminology will be revised to clarify and update the regulatory requirements. Subparts 219-5 and 219-6 will be phased out and applicable sources will be regulated under Subparts 219-2, 219-3 and 219-4. Lastly, combustion gas temperature and other operational issues will be re-evaluated. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mark Lanzafame, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 220, Portland Cement Plants. Part 220 is being revised to require updated NOx RACT requirements for cement manufacturing and to add new NOx RACT requirements for Glass manufacturing. Part 220 is also being revised to include federal best available retrofit technology provisions for affected sources. Part 220 will be renamed and split into two Subparts: Portland Cement Plants and Glass Manufacturing Plants. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Rick Leone, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. Email: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

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

6 NYCRR Subpart 225-1 Fuel Composition and Use - Sulfur Limitations. The existing regulation will be modified to lower the sulfur content of distillate fuel oil for all stationary sources (including home heating) and stationary internal combustion engines. In addition to sulfur content, this regulation will be updated to conform with the requirements of 6 NYCRR Part 201 Permits and Registrations. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Subpart number when emailing.

6 NYCRR Subpart 225-3 Fuel Composition and Use - Gasoline. The existing regulation will be amended to lower the maximum allowable summertime gasoline volatility as a control measure for complying with the federal 8 hour ozone National Ambient Air Quality Standards. Regulation of other gasoline properties that affect emissions of ozone precursors, and opting upstate counties into the federal reformulated gasoline program may also be considered. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: David Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany New York 12233-3255, Telephone: 518-402-8292, E-mail: airregs@gw.dec.state.ny.us Please include the Subpart number when emailing.

6 NYCRR Subpart 227-2, NOx RACT. Subpart 227-2 is being revised to include new emission limitations for coal, oil and gas fired boilers at major facilities throughout the State. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Subpart number when emailing.

6 NYCRR Subpart 227-3, Pre-2003 Nitrogen Oxides Emissions Budget And Allowance Program. The existing rule will be repealed as it has been superceded by Part 204. New Subpart 227-3 is being proposed to include NOx emission limitations at minor facilities. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Subpart number when emailing.

6 NYCRR Part 228, Surface Coating Processes. The existing rule will be amended to include new volatile organic compounds emissions standards for industrial adhesives and sealants. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Ralph Itzo, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us 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 regulation will also require prior notification to the department for each test. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Denise Prunier, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 232, Dry Cleaning. The existing regulation that was adopted April 30, 1997 will be updated to provide for administrative streamlining. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Stephen Johnson, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 234, Graphic Arts. The existing rule will be amended to include revised volatile organic compounds emissions standards for flexible packaging printing, offset lithographic printing and letterpress printing. These revisions are being made to comport with the Control Technique Guidelines developed by the United States Environmental Protection Agency and issued in September 2006. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: John Henkes, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program, and 6 NYCRR Part 238, Acid Deposition SO2 Budget Trading Program. If the vacatur of the Clean Air Interstate Rule is undisturbed by the federal court of appeals, Parts 237 and 238 will be amended to include emission reductions expected from the CAIR program. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 240, Determining Conformity of Transportation Plans, Programs and Projects. The existing regulation will be revised to address the January 24, 2008 amendments to 40 CFR Parts 51 and 93, the Federal Transportation Conformity rule. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 241, General Prohibitions. This regulation will be amended to prohibit the use of cutback asphalt and to limit emulsified asphalts containing VOCs from May through September. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Ken Newkirk, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3251. Telephone: 518-402-8396. Email: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Parts 243, 244, and 245 - Clean Air Interstate Rule. These rules will be revised to include the new federal provisions that exclude energy input from biomass fuel in the efficiency calculation and expand the cogeneration exemption provisions. Parts 243 and 244 are also being revised to include provisions that would provide for the sale of all of the NOx allowances. If the court ruling vacating the CAIR program is undisturbed on further appeal, these rules will need to be repealed or modified in such a way as to comport with that legal ruling. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 247, Outdoor Wood-Fired Hydronic Heaters. This is a new regulation to establish siting and stack height criteria and emission standards for outdoor wood-fired hydronic heat systems. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: John Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 249, Requirements for Stationary Sources Subject to Case-by-Case Best Available Retrofit Technology (BART) Determinations. This is a new rule intended to require "eligible sources" to conduct a BART analyses and implement any necessary retrofit controls. BART is one of the control strategies intended to reduce the emissions of visibility-impairing pollutants as a part of the Regional Haze SIP effort. The number of sources affected by this rule have been increased due to the pending vacatur of CAIR in 2008. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Scott Griffin, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

6 NYCRR Part 251, CO2 Emission Limitations for Combustion Installations and Gasification Sources. This is a new rule intended to require "eligible sources" to meet specific carbon dioxide emission limits. This is the first regulation in a series to require GHG emissions be controlled. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3254. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.

Division of Environmental Permits

6 NYCRR, Part 617, State Environmental Quality Review Act (SEQRA). The Division of Environmental Permits proposes to amend this Part to make changes to the Environmental Assessment Forms (EAF's). The EAF's are "model" forms which are used by almost all state and local agencies in the conduct of an environmental review under SEQRA, and appear as appendices to Part 617. Experience has shown that the forms have provided good service, but they could be improved by updating some topic areas, clarifying instructions, and addressing newly-emerging issues. In particular, the forms need to be revised to provide a better basis for addressing administrative actions such as land use planning and the promulgation of regulations. Additionally, some of the information critical to making a proper environmental analysis of a physical project could be better organized. Questions need to be added to these forms to address emerging issues such as environmental justice, climate change (including both greenhouse gas generation and project adaptation to climate effects already occurring), and smart growth/quality communities. Also, the proposed amendment will revise the forms to eliminate the need for a separate form for a determination of significance. The Department does not at this time propose any amendments to the main text of Part 617. Contact: Betty Ann Hughes, NYS Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany New York 12233-1750. Telephone: 518-402-9158. E-mail: bahughes@gw.dec.state.ny.us

6 NYCRR Part 638, Green Building Tax Credit (GBTC) The Division of Environmental Permits proposes to rescind 6 NYCRR Part 638 and issue a new part 6 NYCRR Part 638, Green Building Tax Credit regulations pursuant to §10 of the Tax Law. Legislated changes - the Budget Bill of 2005 modified the existing GBTC legislation and added an additional $25 million in credits to be given out through 2016. Existing regulations will be modified to reflect any changes per this legislation. Changes will include: the need to obtain a LEED (Leadership in Energy and Environmental Design) Gold Certification in order to be eligible to apply for the GBTC; commissioning, energy use modeling and annual reporting requirements will be met through LEED Gold standards and prerequisites, and other changes as DEC deems necessary. This rulemaking will require a Regulatory Flexibility Analysis for small businesses and/or a Rural Area Flexibility Analysis. Contact: Dennis J. Lucia, Division of Environmental Permits, 4th Floor, 625 Broadway, Albany, New York 12233-1750. Phone (518) 402-9469. E-mail: djlucia@gw.dec.state.ny.us

Division of Environmental Remediation

6 NYCRR Part 375, Environmental Remediation Programs (subparts 375-1 to 375-4, and 375-6). The DEC proposes to amend subparts 375-1 to 375-4, and 375-6 to: (1) provide additional direction for issues that have been encountered since the rule was promulgated in December 2006; (2) provide additional guidance on processes so as to promote uniformity and consistency; (3) provide clarification of the definition of "brownfield," most specifically as it pertains to eligibility criteria; (4) add or revise multiple provisions to clarify issues that have arisen in the Brownfield Cleanup Program (BCP) in the course of implementing the program since 2006; (5) create a regulatory program to provide parties the opportunity for obtaining DEC oversight of remedial activities outside the BCP (i.e., a regulatory Voluntary Cleanup Program (VCP)); (6) review of the provisions applicable to the State Superfund Program (SSF), including, but not limited to, considering the need to make revisions to clarify the definition of "significant threat"; (7) consider opportunities to encourage the incorporation of sustainable remediation and development techniques into cleanup projects covered by this rule; and (8) correct scrivener's errors that have caused inconsistencies and created confusion, replace accidental omissions, and insert clarifications required for amendments to this regulation. This rulemaking requires a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Robert Schick, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, New York 12233-7014. Telephone: 518-402-9662. E-mail: rxschick@gw.dec.state.ny.us

6 NYCRR Parts 612, 613, and 614, Petroleum Bulk Storage Regulation. The DEC proposes to amend Parts 612-614 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation and to be able to apply the requirements of the regulations to the same universe of tanks as the United States Environmental Protection Agency; (2) comply with the federal Energy Policy Act of 2005 (a.k.a. federal Underground Storage Tank Compliance Act of 2005), which amends Subtitle I of the Resource Conservation and Recovery Act; (3) make explicit certain enforcement authority of the DEC to prevent contamination of surface and ground waters, public drinking water supplies, and natural resources by petroleum bulk storage (PBS) facilities; and (4) improve the consistency and clarity of language directing the administration of the PBS program. This rulemaking requires a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, New York 12233-7020. Telephone: 518-402-9543. E-mail: rxbrauks@gw.dec.state.ny.us

6 NYCRR Parts 595, 596, 597, 598, and 599, Chemical Bulk Storage Regulation. The DEC proposes to amend Parts 595-599 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation and to be able to apply the requirements of the regulations to the same universe of tanks as the United States Environmental Protection Agency; (2) comply with the federal Energy Policy Act of 2005 (a.k.a. federal Underground Storage Tank Compliance Act of 2005), which amends Subtitle I of the Resource Conservation and Recovery Act; (3) make explicit certain enforcement authority of the DEC to prevent contamination of surface and ground waters, public drinking water supplies, and natural resources by chemical bulk storage (CBS) facilities; (4) improve the consistency and clarity of language directing the administration of the CBS program; and (5) revise the Part 597 List of Hazardous Substances, making them more malleable and current to reflect changes and updates on the federal level. This rulemaking requires a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, New York 12233-7020. Telephone: 518-402-9543. E-mail: rxbrauks@gw.dec.state.ny.us

6 NYCRR Part 570, Permitting of Liquefied Natural Gas (LNG) Facilities. The DEC proposes to develop and promulgate regulations covering the safe siting, construction, operation, and inspection of LNG facilities, as required by Article 23, Title 17 of the Environmental Conservation Law (ECL); and recommends incorporation by reference of existing nationally recognized standards (National Fire Protection Association --- NFPA 52 and 59A). This rulemaking requires a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, New York 12233-7020. Telephone: 518-402-9543. E-mail: rxbrauks@gw.dec.state.ny.us

Division of Fish, Wildlife and Marine Resources

6 NYCRR Part 42 - Sanitary Control Over Shellfish. Amend regulations pertaining to the sanitary, record keeping, and reporting requirements 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 (ECL). Modify descriptions of allowable activities under each category of shellfish shipper permit consistent with the National Shellfish Sanitation Program and the ECL. Amend and clarify descriptions of shellfish harvest areas to clearly delineate geographical sites where shellfish are harvested. Contact: Susan Ritchie, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0494. E-mail: sxritchi@gw.dec.state.ny.us

6 NYCRR Part 51 - Public use of State Wildlife Management Areas. These amendments are needed to protect the natural resources on lands administered by the Bureau of Wildlife, and to improve and manage public access. This amendment will not require a Regulatory Flexibility Analysis for Small Business or a Rural Area Flexibility Analysis. Contact: Gordon Batcheller, New York State Department of Environmental Conservation, Bureau of Wildlife, 625 Broadway, Albany, NY 12233. Telephone 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Parts 59, 19 and 35 - State Boat-Launching Sites, Fishing Access Sites and Fishing Rights Areas; Use of Bait, Fish For Bait, and Bait Fish; and Licenses. The regulations will be amended to: allow anglers to fish at DFWMR Administered sites from which boats can be launched, add additional waters to the current list of waters where specific bait fish species may be used by anglers, and extend the time period for which specific commercially purchased bait fish may be used by anglers. Contact: Shaun Keeler, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4753. Telephone: 518-402-8928 E-mail: sxkeeler@gw.dec.state.ny.us
* Note that this rule making will be expanded to include boat launch sites administered by the Division of Lands and Forests, Part 190, for the same purposes Part 59 is being amended.

6 NYCRR Part 180.3. Definition of firearms. This regulation is needed to clarify the definition of "gun" for the purpose of implementing hunting laws. This amendment will not require a Regulatory Flexibility Analysis for Small Business or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Section 325.7 - Pesticide applicator certification and direct supervision requirements. Amendment of this regulation is necessary to allow any person to apply 100 percent corn oil to bird eggs to prevent hatching, without pesticide applicator certification, if conducted as part of a wildlife control activity authorized by the department pursuant to Article 11 of the Environmental Conservation Law. This is proposed as a consensus rule making pursuant to State Administrative Procedures Act section 202, because we do not anticipate receiving public comments in opposition to the proposal. As a consensus rule, this amendment will not require a Regulatory Impact Statement, Regulatory Flexibility Analysis for Small Business, or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Part 608, Use and Protection of Waters Regulations. This rulemaking will update and clarify the Department's regulatory authority over activities in protected waterbodies and navigable waters of the state. The existing regulations have not been amended in 14 years and changes will be made to correct outdated information, and to make definitions and provisions more explicit. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Roy Jacobson, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, New York, 12233-4756. Telephone 518-402-8853. E-mail: rajacobs@gw.dec.state.ny.us

6 NYCRR Part 664, Freshwater Wetlands Mapping and Classification Regulations. This rulemaking will make changes to how wetlands are mapped and classified to reflect greater understanding of the science of wetlands and of the State's resources and to update this rule, which is over 25 years old. In addition, there will be changes to facilitate more efficient map amendments where errors are detected on the maps. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Roy Jacobson, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, New York, 12233-4756. Telephone 518-402-8853. E-mail: rajacobs@gw.dec.state.ny.us

6 NYCRR Part 10, Sportfishing Regulations. Amendment of these regulations are necessary to provide for modifications to freshwater sportfishing regulations, including repealing special regulations that are no longer needed and establishing special regulations deemed warranted as part of managing the State's freshwater fishery resources and providing for angling opportunity. Contact: Shaun Keeler, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, New York 12233-4753. Telephone: 518-402-8928. E-mail: sxkeeler@gw.dec.state.ny.us

6 NYCRR Part 59, State Boat-Launching Sites, Fishing Access Sites. The regulations will be amended to allow anglers to fish at sites from which boats can be launched. Contact: Ed Woltmann, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, New York 12233-4753. Telephone: 518-402-8893. E-mail: efwoltma@gw.dec.state.ny.us

6 NYCRR Part 10, Sportfishing Regulations. Amendments pertaining to the management of diadromous fishes in the Hudson and Delaware Rivers to maintain 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 and to maintain the health of these fish stocks. Amendments to comply with the requirements of ECL regarding the management of anadromous species. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, New York 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us

6 NYCRR Part 35, Licenses. Establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. Adopt regulations setting up a commercial eel permit with reporting requirements state-wide (Parts 40 and 35). This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, New York 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us

6 NYCRR Part 36, Gear and Operation of Gear. Amendments pertaining to the management of diadromous fishes in the Hudson River to maintain 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 and to maintain the health of these fish stocks. Changes to comply with the requirements of ECL regarding the management of anadromous species. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, New York 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us

6 NYCRR Part 40, Marine Fish. Amend regulations pertaining to the management of marine and diadromous fishes to maintain compliance or consistency with fishery management plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of these fish stocks. Amend regulations to comply with the requirements of ECL regarding permits, permit fees, and management of marine and anadromous species. Make changes to the regulations related to reporting and record keeping for foodfish license holders. Amend regulations to create a definition for proof of residency and establish the requirement for providing such proof of residency when obtaining marine license and permits. Amend regulations to prohibit the possession of fish when tending lobster gear within 500 feet of an artificial reef. Make changes to the regulations governing traps or pots related to escape vents, panels, marking and location restrictions to achieve consistency among gear types. Make changes in 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. 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. Amend regulations to make reporting requirement language consistent for managed marine species. Establish regulations setting up a commercial eel permit with reporting requirements state-wide. Adopt regulations to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. Make changes to the tautog regulations to comply with pending amendments to the Atlantic States Marine Fisheries Commission Tautog Fishery Management Plan. Make changes to the shipping, labeling and packing requirements to require harvester's fishing vessel trip report numbers on labels for quota managed species. Adopt regulations to clarify provision for records retention by food fish shippers and dealers. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, New York 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, amend regulations that specify the classification (certified or uncertified) of shellfish lands. This is necessary to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified or closed to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified for the taking of shellfish (open). This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: William Hastback, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0475. E-mail: wghastba@gw.dec.state.ny.us

6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. 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. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0496. E-mail: dabarnes@gw.dec.state.ny.us

6 NYCRR Part 44, Crustaceans. Amend regulations pertaining to the management of lobsters, crabs, and horseshoe crabs, consistent with any fishery management plans developed for the species, to maintain the health of such species, and to prevent the introduction of exotic crustacean species. Amend regulations to comply with requirements of ECL and Atlantic States Marine Fisheries Commission related to reporting, licensing, permitting and management of such species. Amend the regulations to include general provisions consistent with that in Part 40. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us.

6 NYCRR Part 48, Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life. Amend regulations to update this part and ensure it remains consistent with Part 49. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us

6 NYCRR Part 49, Shellfish Management. Adopt regulations for the management of hard clams, soft or steamer clams and razor clams as provided for in recently enacted legislation (Chapter 394, Laws of 2006). The management measures include provision 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. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us

6 NYCRR Part 182, Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern. Amend regulation to address the requirements of ECL Section 11-0535, which establishes protection for both federally listed and state listed species. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments as well as a Rural Area Flexibility Analysis. Contact: Daniel Rosenblatt, New York State Department of Environmental Conservation, Bureau of Wildlife, 625 Broadway, Albany, New York 12233. Telephone: 518-402-8884. E-mail: dlrosenb@gw.dec.state.ny.us.

6 NYCRR Parts 54 and 79, Public use of Perch River, Wilson Hill, Upper and Lower Lakes, and Wildlife Management Areas. These amendments are needed to protect the natural resources of this WMAs, and to improve and manage public access. This amendment will not require a Regulatory Flexibility Analysis for Small Business or Local Governments or a Rural Area Flexibility Analysis. Contact: Gordon Batcheller, New York State Department of Environmental Conservation, Bureau of Wildlife, 625 Broadway, Albany, New York 12233-4754. Telephone 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Part 187, Miscellaneous Black Bear Regulations. Amendment of this regulation is necessary to protect public health and safety by prohibiting feeding of black bears and to provide for the training of hounds used to control black bear damage to farms. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or Local Governments or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Part 6.3, Trapping. Amendment of these regulations are necessary to repeal several archaic provisions, to make several technical corrections to existing regulations, and to reform trapping methods to reflect state-of-the-art technology and practices. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or Local Governments or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Part 1, Deer Management Assistance Permits. Amendment of this regulation is needed to improve deer management on private lands where deer are causing economic or ecological damage, or where landowners have site-specific management objectives for deer on their property. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or Local Governments or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Part 1, Hunting Wild Turkey. This regulation is needed to establish a turkey hunting season on Long Island for the first time. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or Local Governments or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Part 2, Migratory Game Birds. Amendment of this regulation is necessary to conform with federal regulations for hunting migratory game birds. This regulation will be done as an emergency/proposed. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or Local Governments or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Part 4, Wildlife Management Unit Descriptions. This regulation is needed to revise wildlife management units to meet species management needs. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or Local Governments or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

6 NYCRR Section 6.1, Managed Harvest of Beaver and River Otter. This regulation is needed to revise the beaver and river otter trapping open and closed season dates. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or Local Governments or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

Office of Hearings and Mediation Services

6 NYCRR Part 622, Uniform Enforcement Hearing Procedures. The Office of Hearings and Mediation Services proposes to clarify procedures governing default procedures and motions for order without hearing, and make various typographical, technical and related corrections throughout. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Regulatory Flexibility Analysis. Contact: James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550. Telephone: 518-402-9003. E-mail: jtmcclym@gw.dec.state.ny.us

6 NYCRR Part 624, Permit Hearing Procedures. The Office of Hearings and Mediation Services proposes to amend the procedures governing appeals of administrative law judge rulings, clarify the procedures governing motion practice, establish procedures governing trade secrets and other confidential information in adjudicatory hearings, revise certain definitions and make various typographical, technical and related corrections. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Regulatory Flexibility Analysis. Contact: Louis A. Alexander, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1010. Telephone: 518-402-8537. E-mail: laalexan@gw.dec.state.ny.us

6 NYCRR Part 620, Procedures for Issuance of Summary Abatement Orders. The Office of Hearings and Mediation Services proposes to amend the regulations governing administrative hearings on summary abatement orders to make technical clarifications. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area 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, Albany, New York 12233-1550. Telephone: 518-402-9003. E-mail: jtmcclym@gw.dec.state.ny.us

Division of Lands and Forests

6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Dix Mountain Wilderness Area from overuse by applying restrictions to camping and rock climbing. Contact: Peter J. Frank, New York State Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, New York 12233-4254. Telephone: 518-473-9518. E-mail: pjfrank@gw.dec.state.ny.us

6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Giant Mountain Wilderness Area from overuse by applying restrictions to camping. Contact: Peter J. Frank, New York State Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, New York 12233-4254. Telephone: 518-473-9518. E-mail: pjfrank@gw.dec.state.ny.us

6 NYCRR Part 190, Use of State Lands. Amend Section 190.0 (10) by adding Indian Lake Islands administrative camping area to the list of facilities covered by the regulations. A new section 190.7(21)(g) will also be added to provide the Department with the legal authority to enforce campground rules which include requiring all campers to register, limiting the number of people per site and the length of stay, establishing quiet hours and prohibiting the discharge of firearms. In addition, a new Subdivision will be added to 6 NYCRR 190.13 to protect the natural resources in the Siamese Ponds Wilderness Area from overuse by applying restrictions to camping. Contact: Peter J. Frank, New York State Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, New York 12233-4254. Telephone: 518-473-9518. E-mail: pjfrank@gw.dec.state.ny.us

6 NYCRR Part 190, Use of State Lands.v Adoption of new Section 190.14, Prohibition of Motorized Equipment on Wilderness, Primitive and Canoe areas. These regulations will prohibit the use of motorized equipment in wilderness areas in the Adirondack and Catskill forest preserve, with certain exceptions. Contact: Peter J. Frank, New York State Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, New York 12233-4254. Telephone: 518-473-9518. E-mail: pjfrank@gw.dec.state.ny.us

6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.34, Pine Lake Area, Shaker Mountain Wild Forest. These regulations will be used to manage this area and provide for public safety. A Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Peter J. Frank, New York State Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, New York 12233-4254 Telephone: 518- 473-9518. E-mail: pjfrank@gw.dec.state.ny.us

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels and Aircraft in the Forest Preserve. Amend Section 196.7, Operation of Bicycles in the Adirondack Forest Preserve. This regulation will implement Adirondack Park State Land Master Plan guidelines for bicycle use. Contact: Peter J. Frank, New York State Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, New York 12233-4254. Telephone: 518-473-9518. E-mail: pjfrank@gw.dec.state.ny.us

6 NYCRR Part 196, Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve. Adopt a new section to 6 NYCRR Part 196 to limit boat use to electric motors and motorless craft on Thirteenth Lake. Contact: Peter J. Frank, New York State Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, New York 12233-4254. Telephone: 518- 473-9518. E-mail: pjfrank@gw.dec.state.ny.us

6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.15, Public Use of Camp Santononi Historic Area. These regulations will protect historic structures and the landscape of the Camp Santononi Historic Area through management of public use. Contact: Charles Vandrei, New York State Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, New York 12233-4255. Telephone: 518- 402-9428. E-mail: cevandrei@gw.dec.state.ny.us

6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.36, Submerged Heritage Preserves in Lake George and Lake Champlain. These regulations are needed to protect underwater resources, such as shipwrecks and other submerged archaeological sites that are of recreational, aesthetic, and educational value, as well as regulate access to these sites, and create safe diving conditions. Contact: Charles Vandrei, New York State Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, New York 12233-4255 Telephone: 518-402-9428. E-mail: cevandrei@gw.dec.state.ny.us

6 NYCRR Part 190, Protection of Archaeological Resources on State Land. Adoption of a new Section to 6 NYCRR Part 190 to protect archaeological resources on state land by defining permit issuance procedures, defining violations and creation of a mechanism for reporting, investigating and prosecution of violations. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Charles Vandrei, New York State Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany New York 12233-4254. Telephone: 518-402-9428. E-mail: cevandre@gw.dec.state.ny.us

6 NYCRR Part 190, Conservation Easements. Amendment of 6 NYCRR Section 190.12, East Branch of Fish Creek. These regulations will control public use to be in compliance with the terms of the conservation easement. Contact: Frank Dunstan, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4255. Telephone: 518-402-9405. E-mail: fmdunsta@gw.dec.state.ny.us

6 NYCRR Part 190, Use of State Lands. Adopt a new Section to 6 NYCRR Part 190 to Facilitate the Management of the Otter Creek Trail System Assembly Area. These regulations will be used to effectively manage this area. Contact: David Forness, New York State Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, New York 12233-4255. Telephone: 518-402-9428. E-mail: dmfornes@gw.dec.state.ny.us

6 NYCRR Part 190, Use of State Lands. Adoption of a new section 190.10(d), Salmon River Falls Unique Area. These regulations are needed for the purpose of public protection. They will prohibit public use of the area from dusk to dawn, seasonally close the gorge trail, and prohibit hunting from this 112 acre parcel. Contact: David Forness, New York State Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, New York 12233-4255. Telephone: 518-402-9428. E-mail: dmfornes@gw.dec.state.ny.us

6 NYCRR Part 190, Use of State Lands. Adoption of a new section 190.10(e), Henderson Shores Unique Area. These regulations are needed to control public use to prevent overuse and inappropriate use of state lands. Contact: David Forness, New York State Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, New York 12233-4255. Telephone: 518-402-9428. E-mail: dmfornes@gw.dec.state.ny.us

6 NYCRR Part 194, Forest Practices. Amend Section 194.3 and adopt a new Section 194.4. These regulations will formalize existing guidelines for prescribed fire management activities. Contact: David Forness, New York State Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, New York 12233-4255. Telephone: 518-402-9428. E-mail: dmfornes@gw.dec.state.ny.us

6 NYCRR Part 190, Zoar Valley Multiple Use Area. Amend Section 190.25 to provide for public safety and enhance passive recreational use as proposed in the recently adopted unit management plan. Contact: David Forness, New York State Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, New York 12233-4255. Telephone: 518- 402-9428. E-mail: dmfornes@gw.dec.state.ny.us

6 NYCRR Part 192, Forest Insect and Disease Control. Adopt a new Section 192.4, Restriction of Firewood Importation. These regulations are necessary to reduce the risk of transporting introduced or native forest pests in firewood. Many of the expanding infestations of introduced and native forest pests have been exacerbated by the unregulated movement of firewood. In particular, regulations restricting or defining the importation and use patterns for firewood in campsites on State land may be necessary to monitor and restrict the movement of several invasive pests currently residing in forests outside New York. Contact: Bruce Williamson, New York State Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, New York 12233-4253. Telephone: 518-402-9425. E-mail: bewillia@gw.dec.state.ny.us

6 NYCRR Part 193, Trees and Plants. Amend Section 193.3, Protected Native Plants. These regulations are needed to update the current list by adding, deleting, re-naming and/or re-categorizing several listed plant species in accordance with more up-to-date taxonomy and knowledge of the population status of rare plants in the State. Contact: Jason Denham, New York State Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, New York 12233-4253. Telephone: 518-402-9425. E-mail: jpdenham@gw.dec.state.ny.us

6 NYCRR Part 590, Payment of Expenses Upon Acquisition of Real Property. Amend Part 590 to conform to the amended Federal Uniform Relocation Assistance and Real Property Acquisition regulation for federal and federally assisted programs. This amendment will affect landowners forced to relocate because of acquisition of their properties for Department programs. Contact: John Keating, New York State Department of Environmental Conservation, Bureau of Real Property, 625 Broadway, Albany, New York 12233-4256. Telephone: 518-402-9442. E-mail: jpkeatin@gw.dec.state.ny.us

6 NYCRR Part 196.4. Operation of mechanically propelled vessels and aircraft in the forest preserve. Amend Section 196.4(d) with respect to the operation of aircraft on Lows Lake. Contact: Peter J. Frank, New York State Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, New York 12233-4254. Telephone: 518- 473-9518. E-mail: pjfrank@gw.dec.state.ny.us

Division of Solid and Hazardous Materials

6 NYCRR, Parts 320, 325, 330, 360 and 370 Series, Pesticide Residue Removal and management of Unwanted Pesticides and Pesticide Containers. This rulemaking establishes new Part 330 to include, in a consolidated fashion, federal requirements (40 CFR Parts 156 and 165) regarding removal of residues from pesticides containers prior to disposal or refilling as well as the management of unwanted pesticides and containers. The rulemaking also amends existing State regulations for pesticides, solid waste, and hazardous waste management, to repeal provisions dealing with these subjects and add language to mesh with the federal rule and new Part 330. This includes language requiring disposal of unwanted pesticides and disposal or recycling of containers in accordance, as appropriate, with 6 NYCRR Part 360 or 6 NYCRR Part 370 Series, and prohibit land burial of such materials. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mary A. Roy, New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8788. E-mail: pestcomp@gw.dec.state.ny.us

6 NYCRR Part 360, Coal Combustion Fly Ash (CCFA). This rulemaking removes the state's pre-determined beneficial use determination (BUD) which allows the use of coal combustion fly ash as a raw feed source of alumina in cement manufacturing. The rulemaking requires cement manufacturers who want to utilize CCFA in this manner to petition the Department for a case-specific BUD according to the requirements of 6 NYCRR 360-1.15(d), but does not directly ban the use of CCFA in cement manufacturing. The rulemaking also includes new language in 6 NYCRR Part 360-1.15(d)(2) specifying that the mercury loading from CCFA used as raw feed in cement manufacture must be comparable to virgin raw feed as determined by the Department. Finally, the rulemaking creates a 5-year sunset provision on all determinations granted for this use, guaranteeing that, while annual reports will be required for each granted BUD, such use will be fully reassessed at least every 5 years. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Richard Clarkson, New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8678. E-mail: swreg@gw.dec.state.ny.us

6 NYCRR Part 360, Solid Waste Management Facilities. This rulemaking will include technical amendments, clarifications, as well as legal and policy developments. Changes to all portions of the Part 360 series are expected, including Parts 364 and 369. The rulemaking will also incorporate solid waste management activities or waste streams that are not currently addressed within Part 360, including automobile dismantlers, dredge materials, biohazard incident waste, and flowable fill. The information contained in the current Part 360 will be subdivided into different parts to better organize solid waste topics, and will make future revisions to specific topics less burdensome. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Melissa Treers, New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8678. E-mail: swreg@gw.dec.state.ny.us

6 NYCRR Part 360 or 370 series, Labeling of Mercury-Added Consumer Products. These regulations will implement Section 27-2103 of the ECL, adopted by the State Legislature pursuant to Chapter 145, Laws of 2004. The law requires that mercury-added consumer products sold or offered for sale in this State by a distributor or retailer shall be labeled by the manufacturer for mercury content and proper disposal. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Christine Barnes, New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8705. E-mail: dshmwrr@gw.dec.state.ny.us

6 NYCRR Part 360 and 370 series, Management of Used Electronics. These regulations will adopt changes to the federal hazardous waste regulations concerning cathode ray tubes, incorporate solid waste management activities for used electronics that are not currently addressed within Part 360, and implement the Title 23 of the ECL, Wireless Telephone Recycling Act, by providing appropriate standards for collection of wireless telephones. 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 DEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7251. Telephone: 518-402-8633. E-mail: hwregs@gw.dec.state.ny.us

6 NYCRR Part 380 Series, Radioactive Materials Regulations. This rulemaking will amend the Part 380 series radioactive materials regulations to incorporate federal rule changes. In addition, several corrections and revisions not related to the federal rules will be done including: clarifying the regulations in a number of areas such as standards for issuance of a Part 380 permit and language in the variance provision, elimination of redundant provisions, and deletion of obsolete provisions. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Sandra Hinkel, New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7255. Telephone: 518-402-8579. E-mail: radregs@gw.dec.state.ny.us

6 NYCRR Part 384, Radioactive Materials Regulations. This rule is being developed to adopt applicable sections of the federal NRC's license termination rule (LTR), which establishes cleanup criteria for radiologically contaminated sites. Program staff are coordinating adoption of the LTR with the Department of Health to ensure compatibility, as they also have to adopt applicable sections of this federal rule. This rulemaking 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 Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7255. Telephone: 518-402-8579. E-mail: radregs@gw.dec.state.ny.us

Division of Water

6 NYCRR Parts 608, 621 and 673. These regulations will be amended to implement Chapter 364, Laws of 1999, to expressly require all owners of dams - whether or not subject to DEC permit under ECL Section 15-0503 - to operate and maintain such structures in a safe condition. These regulations will set forth a dam safety program based on the requirements of Chapter 362. Chapter 364 provides relief from permitting requirements for the construction and repair of small dams while updating, clarifying and strengthening New York State regulations regarding dams and structures which impound waters, and shifts the Department's focus and resources from the permitting of small dams, which pose negligible safety risks, to the proper maintenance, repair, and emergency planning for dams which pose greater risks to public safety. Part 608, Use and Protection of Waters. This regulation will be amended to make changes to permit application procedures and requirements for the construction or alteration of dams and impoundment structures, as well as permit application review by Department staff. Part 621 (Uniform Procedures) will be amended to eliminate "minor" dam projects. Part 673 (Dam Safety Regulations) will be amended to be consistent with the Chapter 364 regarding dam owner responsibilities and Department oversight, including provisions for mandatory operation and maintenance plans, mandatory emergency action plans for high hazard and intermediate hazard dams, financial security conditions for high hazards dams, and mandatory inspection requirements for high hazard and intermediate hazard dams. The revisions will also include mandatory penalties for failure to file the plans, failure to enact the plans, or falsification of records required under the plans. Contact: Mark Klotz, Acting Bureau Director, Bureau of Flood Protection and Dam Safety, Division of Water, 625 Broadway, Albany, New York 12233-3504. Telephone: 518-402-8185. E-mail: maklotz@gw.dec.state.ny.us

6 NYCRR Part 485, SPDES Program Fees. The SPDES program fees were changed in 2004 through amendments to the ECL Part 72-0602. The associated regulations in Part 485 have not been promulgated so as to be consistent. Contact: Alan Fuchs, Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, New York 12233-3505. Telephone: 518-402-8111. E-mail: aafuchs@gw.dec.state.ny.us

6 NYCRR Part 750, State Pollutant Discharge Elimination System (SPDES) Permits. A five year review of Part 750 has resulted in a number of minor revisions being necessary to correct typographical errors, and update references. In addition, minor revisions are necessary to incorporate new federal criteria and standards. Contact: Alan Fuchs, Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, New York 12233-3505. Telephone: 518-402- 8111. E-mail: aafuchs@gw.dec.state.ny.us

6 NYCRR Part 649, Clean Water State Revolving Fund. Revise Part 649 to add a linked deposit program and revised project selection criteria. Contact: Robert Simson, Regulatory Coordinator, Division of Water, 625 Broadway, Albany, New York 12233. Telephone: 518-402-8271. E-mail: rjsimson@gw.dec.state.ny.us

SAPA Section 207 -- 5-Year Review of Rules

Introduction

The following rules were adopted by the New York State Department of Environmental Conservation (Department or DEC) during 2004, 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 and should be directed to the regulatory coordinator for the appropriate program, as listed below the rules.

Division of Air Resources

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105. Part 218 adopts California emission standards for motor vehicles and engines sold in New York State in order to reduce criteria pollutant and greenhouse gas emissions. It is anticipated that this regulation will be amended and listed in the January 2009 Regulatory Agenda.

6 NYCRR Part 227-2, NOx RACT. Statutory Authority: Environmental Conservation Law Sections 19-0103, 19-0105, 19-0301 and 19-0305. This regulation is a major source control technology retrofit regulation for the control of NOx emissions from stationary combustion installations. This regulation is required under the Clean Air Act for states that are in non-attainment with the NAAQS for Ozone. It is anticipated that this regulation will be amended and listed in the January 2009 Regulatory Agenda.

Regulatory Coordinator for the Division of Air Resources is Laura Stevens, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3250. Telephone: 518-402-8451. E-mail: ljsteven@gw.dec.state.ny.us

Division of Fish, Wildlife and Marine Resources

6 NYCRR Part 10, Rules and Regulations Pertaining to Freshwater Sportfishing. Statutory Authority: Environmental Conservation Law Sections 3-0301, 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-1316, and 11-1319. Sportfishing regulations are reviewed on a biannual basis (with a rulemaking filed every 2 years). Each of these rulemakings provides for a review of the existing sport fishing regulations, and results in adjustments, including dropping special requirements no longer warranted. A new rulemaking is anticipated in the coming year.

6 NYCRR Part 180, Fish Dangerous to Indigenous Fish Populations - Asian Carp and Snakehead. Statutory Authority: Environmental Conservation Law Sections 3-0301 and 11-0511. This regulation is consistent with the current federal government listing of these species as being injurious (i.e. introduction into waters is a threat to aquatic ecosystems). The continued absence of Asian carp in the waters of New York State supports of the value of the current regulations. While snakeheads have turned up in some waters of New York State, strong measures were taken in 2008 (DEC - Region 3) to eradicate their presence in an effort to protect other freshwater fish and aquatic systems. The regulations adopted in 2004 continue to be warranted in order to prevent further introduction. No further evaluation is warranted.

6 NYCRR Part 43, Surfclam Management. Statutory Authority: Environmental Conservation Law Sections 13-0308 and 13-0309. This regulation implemented the fishery management plan developed by the Department and the Surfclam/Ocean Quahog Management Advisory Board for Atlantic surfclams harvested from the Atlantic Ocean. This regulation will be amended in 2009 to reflect new changes in the surfclam management plan. Please refer to the 2009 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

6 NYCRR Part 40, Marine Fish. Statutory Authority: Environmental Conservation Law Sections 11-1303 and 13-0339-a. New recreational limits were established in this regulation for Atlantic cod and haddock in New York State waters. This regulation was adopted to be consistent with federal regulations for these fish adopted by National Marine Fisheries Service. Part 40 will be amended in the spring of 2009 after National Marine Fisheries Service changes the federal marine fish regulations. Please refer to the 2009 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory Authority: Environmental Conservation Law Sections 13-0307 and 13-0319. This regulation classified shellfish lands in Mecox Bay, Suffolk County, as uncertified and/or seasonally uncertified for shellfish harvest. Bacteriological water quality testing is an ongoing task. Shellfish lands will be reclassified depending on the results of the water quality studies. Part 41 will be amended as needed. Please refer to the 2009 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory Authority: Environmental Conservation Law Sections 13-0307 and 13-0319. This regulation classified several shellfish lands in Shelter Island Sound, Pipes Cove and Wading River Creek, Mount Sinai Harbor, Port Jefferson Harbor and Flax Pond, all in Suffolk County, as uncertified and/or seasonally uncertified for shellfish harvest. Bacteriological water quality testing is an ongoing task. Shellfish lands will be reclassified depending on the results of the water quality studies. Part 41 will be amended as needed. Please refer to the 2009 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

6 NYCRR Part 40, Marine Fish. Statutory Authority: Environmental Conservation Law Sections 13-0340-b, 13-0340-e and 13-0340-f. New recreational limits were established in regulation for summer flounder (fluke), scup and black sea bass in New York State waters. This regulation was adopted to be consistent with requirements of the Atlantic State Marine Fisheries Commission fishery management plans. Part 40 will be amended in the spring of 2009 right after National Marine Fisheries Service changes the federal marine fish regulations. Please refer to the 2009 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory Authority: Environmental Conservation Law Sections 13-0307 and 13-0319. This regulation classified several shellfish lands in Great South Bay, Southold Bay, Cutchogue Harbor and Little Peconic Bay, all in Suffolk County, as uncertified or seasonally uncertified for shellfish harvest. Bacteriological water quality testing is an ongoing task. Shellfish lands will be reclassified depending on the results of the water quality studies. Part 41 will be amended as needed. Please refer to the 2009 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory Authority: Environmental Conservation Law Sections 13-0307 and 13-0319. This regulation classified several shellfish lands in South Oyster Bay in Nassau County and Great South Bay and Nicoll Bay, in Suffolk County, as uncertified or seasonally uncertified for shellfish harvest. Bacteriological water quality testing is an ongoing task. Shellfish lands will be reclassified depending on the results of the water quality studies. Part 41 will be amended as needed. Please refer to the 2009 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

6 NYCRR 1.40, Youth Hunt for Wild Turkey. Statutory Authority: Environmental Conservation Law Sections 11-0303, 11-0903 and 11-0905. To provide a 2 day youth hunt prior to the regular opening of the spring season. This rulemaking does not need to be amended since it is established as a regular part of turkey hunting.

6 NYCRR 2.20, 6.3, 180.10, Pelt Sealing and Reporting Requirements for Coyote and Marten. Statutory Authority: Environmental Conservation Law Sections 11-0917 and 11-1103. This rulemaking makes it easier for hunters and trappers to report and collect biological data. No amendments are needed because the rule is established as a regular part of furbearer harvest procedures.

6 NYCRR Part 189, Importation of Wild or Captive Bred Cervids. Statutory Authority: Environmental Conservation Law Sections 3-0301, 11-0325 and 11-1905. This rulemaking authorizes the importation of captive cervids (members of the deer family) when the Department of Agriculture and Markets has issued a permit. It does not need to be amended because the rule is established as a regular part of the department's response plan to the detection of chronic wasting disease in New York State.

6 NYCRR 1.29, Archery Season for White-tailed Deer in Suffolk and Westchester. Statutory Authority: Environmental Conservation Law 11-0903. This rulemaking established the open season dates for bowhunting deer. It does not need to be amended because the rule is established as a regular part of deer hunting in these counties.

6 NYCRR 1.22, Harvest of White-tailed Deer with Muzzleloading Firearms in the Northern Zone. Statutory Authority: Environmental Conservation Law Section 11-0907. This rulemaking adjusted the muzzleloading deer hunting regulations in northern New York. It does not need to be amended because it is established as a regular part of deer hunting in the Northern Zone.

6 NYCRR 6.1, Managed Harvest of Beaver and River Otter. Statutory Authority: Environmental Conservation Law Sections 11-0303, 11-1101 and 11-1103. This rulemaking was first established during the 2004-2005 license year and needs to be amended to reflect the current status of beaver populations in New York, and to consolidate season dates in similar areas of the state.

6 NYCRR 1.31, Bear Hunting in the Southern Zone. Statutory Authority: Environmental Conservation Law Section 11-0903. This rulemaking expanded the areas open for black bear hunting, and it does not need to be amended since the Department recently amended black bear hunting seasons effective for the 2008-2009 license year.

6 NYCRR 6.2, 6.3, Beaver Trapping Regulations. Statutory Authority: Environmental Conservation Law Sections 11-1101 and 11-1103. This rulemaking was adopted to reduce the accidental taking of river otter in body-gripping traps for set for beaver in areas closed to river otter trapping. It does not need to be amended since the rule continues to be needed to protect river otter.

6 NYCRR 2.30, Migratory Game Bird Hunting Regulations. Statutory Authority: Environmental Conservation Law Sections 1-0303, 11-0307, 11-0903, 11-0905, 11-0909 and 11-0917. This regulation adjusts the hunting areas, season dates, and bag limits for the 2004-2005 season. The rulemaking will be amended in 2009 to establish migratory game bird hunting regulations for the 2009-2010 hunting season.

Regulatory Coordinator for the Division of Fish, Wildlife & Marine Resources is Rose Diana, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: (518) 402-8981. E-mail: rtdiana@gw.dec.state.ny.us

Division of Lands and Forests

6 NYCRR Section 190.30, Otter Creek and Sand Bay State Forests. Environmental Conservation Law Sections 1-0101, 3-0301 and 9-0105. This rule is needed since it provides consistent management on two State forests. No amendments to this rule are planned for this year since implementation has been satisfactory. There is no need for the Department to modify this rule from its present form.

Regulatory Coordinator for the Division of Lands & Forests is Linda Kashdan-Schrom, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4250. Telephone: 518-402-9405. E-mail: lrkashda@gw.dec.state.ny.us

Division of Water

6 NYCRR PART 750, State Pollutant Discharge Elimination System (SPDES) Permits. Statutory Authority: Environmental Conservation Law Article 3, Title 3; Article 15; Article 17, Titles 3,5,7 and 8; Article 21; Article 70, Title 1; Article 71, Title 19. New York State Penal Code, Articles 175 and 210. Public Health Law, Section 502. Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.)). New York State has a state program that has been approved by the United States Environmental Protection Agency for the control of wastewater and stormwater discharges in accordance with the federal Act. Under New York State law the program is known as the State Pollutant Discharge Elimination System (SPDES) and is broader in scope than that required by the Act in that it controls point source discharges to groundwaters as well as surface waters. Typographical errors and minor revisions are needed to update references and are necessary to incorporate new federal criteria and standards. A new rulemaking is anticipated in the coming year. Please see Division of Water's Regulatory Agenda for 2008.

6 NYCRR PART 502, Floodplain Management Criteria for State Projects. Statutory Authority: Environmental Conservation Law Sections 1-0101 and 3-0301, Article 36. New York State has a state program that ensures that use of State lands and the siting, construction, administration and disposition of State-owned and State-financed facilities are conducted in ways that minimize flood hazards and losses. This regulation is required for the State of New York to continue its qualification as a participating community in the National Flood Insurance Program administered by the Federal Emergency Management Administration. Typographical errors and minor revisions are needed to update references and are necessary to incorporate new federal criteria and standards. A new rulemaking is anticipated to begin development within the next two years.

Regulatory Coordinator for the Division of Water is Robert Simson, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8271. E-mail: rjsimson@gw.dec.state.ny.us

This review was compiled, edited and submitted by:

Ruth L. Earl
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
Telephone 518-402-9522
e-mail: rlearl@gw.dec.state.ny.us

The NYS Department of Environmental Conservation Regulatory Agenda was published in the January 7, 2009 issue of the State Register.

Last updated 7/29/2009