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Regulatory Agenda

DEC January 2013 Regulatory Agenda and 5-Year Rule Review

Introduction

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

Division of Air Resources

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

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

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

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

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

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, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR 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 NY 12233-3255. Telephone: 518-402-8292, E-mail: airregs@gw.dec.state.ny.us Please include the Subpart number when e-mailing.

6 NYCRR Part 230, Gasoline Dispensing Sites and Transport Vehicles. The existing rule will be amended to update and clarify testing requirements for gasoline dispensing sites (gas stations) and to conform more closely with new federal requirements and guidance. The regulation will also require prior notification to the department for each test; require new vapor leak detection equipment; and remove Stage II requirements. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Denise Prunier, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 232, Dry Cleaning. The existing regulation that became effective May 15, 1997 will be updated to provide for administrative streamlining and consistency with any new federal requirements. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Eric Wade, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

6 NYCRR Parts 237 and 238, Acid Deposition Reduction Budget Trading Programs. These rules will be repealed because they have been superseded by the Clean Air Interstate Rules (CAIR), Parts 243, 244 and 245. New Parts 237 and 238 will be developed to implement the New York State provisions of EPA's new Cross State Air Pollution Rule (CSAPR). On August 21, 2012, the U.S. Court of Appeals for the D.C. Circuit vacated EPA's CSAPR rule, so this rulemaking is on hold pending resolution of the appeal of that decision. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 240, Conformity to State or Federal Implementation Plans of Transportation Plans, Programs and Projects Developed, Funded or Approved under Title 23 U.S.C. or the Federal Transit Laws. 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, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 242, CO2 Budget Trading Program. The Regional Greenhouse Gas Initiative (RGGI) Participating States are currently undertaking comprehensive Program Review. Part 242 may be revised, based in part on any recommendations coming out of the RGGI Program Review. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 247, Outdoor Wood-Fired Hydronic Heaters. This regulation will be amended to consider revisions to 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, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when e-mailing.

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Division of Environmental Permits

6 NYCRR, Part 621, Uniform Procedure Act (UPA). Part 621 was last amended on October 14, 2009. Since that time several statutes and regulations that interface with Part 621 have been changed or amended. The Division of Environmental Permits proposes to update the main text of Part 621. The 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. Contact: Kent Sanders, NYS Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9168. E-mail: depprmt@gw.dec.state.ny.us Please include the Part number when e-mailing.

Division of Environmental Remediation

6 NYCRR Parts 612, 613, and 614, Petroleum Bulk Storage Regulation. DEC proposes to repeal Parts 612-614 and replace with Part 613 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation 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 DEC to prevent contamination and require remediation of surface and ground waters, public drinking water supplies, and natural resources by petroleum bulk storage (PBS) facilities; (4) improve the consistency and clarity of language directing the administration of the PBS program; (5) enhance monitoring, maintenance and equipment requirements to prevent leaks and spills; and (6) adjust the definitions of petroleum and facility pursuant to recent changes in Environmental Conservation Law section 17-1003. This rulemaking 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: 518-402-9543. E-mail: derweb@gw.dec.state.ny.us. Please include the Part numbers in the subject line when e-mailing.

6 NYCRR Parts 595, 596, 597, 598, and 599, Chemical Bulk Storage Regulation. DEC proposes to repeal Parts 595-599 and replace with Parts 597 and 598 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation 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 DEC to prevent contamination and require remediation of surface and ground waters, public drinking water supplies, and natural resources by chemical bulk storage (CBS) facilities; (4) improve the consistency and clarity of language directing the administration of the CBS program; (5) enhance monitoring, maintenance and equipment requirements to prevent leaks and spills; and (6) revise the Part 597 List of Hazardous Substances to reflect changes and updates on the State and federal levels. This rulemaking 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: 518-402-9543. E-mail: derweb@gw.dec.state.ny.us. Please include the Part numbers in the subject line when e-mailing.

6 NYCRR Part 570, Permitting of Liquefied Natural Gas (LNG) Facilities. 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; and recommends incorporation by reference of existing nationally recognized standards (National Fire Protection Association: NFPA 52 and NFPA 59A). This rulemaking 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, NY 12233-7020. Telephone: 518-402-9543. E-mail: derweb@gw.dec.state.ny.us. Please include the Part number in the subject line when e-mailing.

6 NYCRR Part 610, Certification of Onshore Major Facilities [Major Oil Storage Facility (MOSF) Regulation]. DEC proposes to repeal and replace Part 610 to: (1) incorporate appropriate language from the New York State Department of Transportation regulations, 17 NYCRR Parts 30, 31 and 32, that pertains to the administration of the MOSF program, which has been solely handled by DEC since 1985; (2) repeal 17 NYCRR Parts 30, 31 and 32; (3) improve the consistency and clarity of language directing the administration of the MOSF program, which will make explicit in regulation the procedures set forth in DEC Program Policy DER-11, Procedures for Licensing Onshore Major Oil Storage Facilities; and (4) enhance monitoring, maintenance and equipment requirements to prevent leaks and spills. This rulemaking 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: 518-402-9543. E-mail: derweb@gw.dec.state.ny.us. Please include the Part number in the subject line when e-mailing.

6 NYCRR Part 611, Environmental Priorities and Procedures in Petroleum Cleanup and Removal Regulation. DEC proposes to repeal and replace Part 611 to address Article 12 of the Navigation Law which prohibits the discharge of petroleum and provides for cleanup and removal of any petroleum discharge. Part 611 needs to be revised to achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation and to be able to apply the requirements of the regulations to the same universe of tanks as the United States Environmental Protection Agency. First priority is given to minimizing environmental damage and to ensure a clean environment in the State by preventing petroleum discharges that may result in impacts to lands, waters, or natural resources of the State. This is accomplished by authorizing DEC to respond immediately and require prompt cleanup and removal of such discharges or to clean up the discharge if the responsible party is unwilling or unable. The payment of cleanup and removal costs, in addition to resulting direct and indirect damages, is provided through the New York Environmental Protection and Spill Compensation Fund that is administered by the State Comptroller. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Dennis Farrar, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9543. E-mail: derweb@gw.dec.state.ny.us. Please include the Part number in the subject line when e-mailing.

6 NYCRR Parts 370, 371, 372, 373, 374, and 376, Update of the Hazardous Waste Management Regulations. This rulemaking 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: Deborah Aldrich, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7252. Telephone: 518-402-9711. E-mail: hwregs@gw.dec.state.ny.us.

6 NYCRR Part 375 (Subparts 375-1 to 375-4, and 375-6), Environmental Remediation Programs. DEC proposes to amend subparts 375-1 to 375-4, and 375-6 to: (1) provide additional direction for issues that have been encountered since the rule was promulgated in December 2006; (2) provide additional guidance on processes so as to promote uniformity and consistency; (3) incorporate soil cleanup objective (SCO) changes, if any, resulting from the statutorily required five year review; (4) add or revise multiple provisions to clarify issues that have arisen in the Brownfield Cleanup Program (BCP) in the course of implementing the program since 2006; (5) review of the provisions applicable to the State Superfund Program, including, but not limited to, considering the need to make revisions to clarify the definition of "significant threat;" (6) consider opportunities to encourage the incorporation of sustainable remediation and development techniques into cleanup projects covered by this rule; and (7) correct scrivener's errors that have caused inconsistencies and created confusion, replace accidental omissions, and insert clarifications required for amendments to this regulation. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Ryan, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7014. Telephone: 518-402-9662. E-mail: derweb@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 380, Prevention and Control of Environmental Pollution by Radioactive Materials. This rulemaking will amend the Part 380 regulations to incorporate federal rule changes. In addition, several corrections and revisions not related to the federal rules will be done, including: clarifying the regulations in a number of areas such as standards for issuance of a Part 380 permit and language in the variance provision; elimination of redundant provisions; and deletion of obsolete provisions. This 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 Environmental Remediation, 625 Broadway, Albany, New York 12233-7255. Telephone: 518-402-9625.
E-mail: radregs@gw.dec.state.ny.us.

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 is 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 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 Environmental Remediation, 625 Broadway, Albany, NY 12233-7255. Telephone: 518-402-8579. E-mail: radregs@gw.dec.state.ny.us.

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Division of Fish, Wildlife and Marine Resources

6 NYCRR Part 182, Endangered and Threatened Species. Statutory Authority: ECL 11-0535. This regulation implements the State Endangered Species Act by providing definitions, listing protected species and defining a permitting process for addressing impacts to protected species. Part 182 will be amended to modify the list of endangered and threatened species based on the Department's assessment of species status and recovery, and to clarify definitions to improve the implementation of the regulations. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us Please include the Part number when e-mailing.

6NYCRR Sections 2.20 and 6.2, Hunting and trapping of bobcat. Statutory Authority: ECL 11-0905 and 11-1103. These amendments are needed to implement the recently adopted bobcat management plan. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us Please include the Part number when e-mailing.

6NYCRR Part 189, Chronic Wasting Disease. Statutory Authority: ECL 3-0301, and 11-0325. These amendments are needed to strengthen the existing regulation on the feeding of deer based on a recent finding in Sullivan County Court. Additionally, the Department will propose regulations pertaining to deer feeding in the context of the use of the 4-Poster Tickicide device. A separate section in Part 189 will address both issues. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us Please include the Part number when e-mailing.

6NYCRR Subchapter G, Fish and Wildlife Management Areas and Facilities. Statutory Authority: ECL 11-0101. These amendments are needed to simplify public use regulations pertaining to the wildlife management areas, cooperative fish and wildlife management areas, and several state parks. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us Please include the Part number when e-mailing.

6NYCRR 180.12, Feral Swine. Adopt a new regulation to prevent the establishment and spread of feral swine, an invasive species that will cause significant harm to natural resources, public and private property, and domestic swine producers across New York State. The new regulation will define feral swine, prohibit the importation, possession, transportation, propagation, hunting and release of swine, and regulate the taking of swine. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us Please include the Part number when e-mailing.

6NYCRR Section 2.30, Special snow goose harvest program. Statutory Authority: ECL 11-0307. These amendments are needed to increase hunter harvest of snow geese outside of conventional waterfowl hunting seasons. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8879. E-mail: vfwagenb@gw.dec.state.ny.us Please include the Part number when e-mailing.

6NYCRR 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. Contact: Mary Bailey, New York State Department of Environmental Conservation, Division of Fish, Wildlife, and Marine Resources, 625 Broadway, Albany, NY 12233-4750. Telephone: 518-402-8869. E-mail: mebailey@gw.dec.state.ny.us Please include the Part number when e-mailing.

6NYCRR Part 183 -License-Issuing Officers. Amend current regulations to address procedures for evaluation and prioritization of applicants that wish to become license-issuing officers (agents) for DEC. Contact: Mary Bailey, New York State Department of Environmental Conservation, Division of Fish, Wildlife, and Marine Resources, 625 Broadway, Albany, NY 12233-4750. Telephone: 518-402-8869. E-mail: mebailey@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

6 NYCRR Part 180.1, Wildlife Dangerous to Health or Welfare. Amendment of Part 180.1 or promulgation of a new regulation is necessary to address statutory requirements of Environmental Conservation Law 11-0512 and 11-0103(6)(e)(5). The statutory language in ECL 11-0512 and 11-0103(6)(e)(5) provides the opportunity for the private possession of animals that are or should be considered too dangerous for possession outside bona fide zoological gardens. In addition, the proposed amendments to Part 180.1 will provide a list of species that have been found to be too dangerous to the public or to the fish and wildlife resources of the state to be possessed in any facility except a bona fide zoological garden certified by the American Zoological Association. This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8997. E-mail: jetherri@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR - New Regulation -Exotic Reptile Exhibition. Promulgation of new regulation is necessary to address statutory requirements of Environmental Conservation Law 11-0512(2)(b) and 11-0103(6)(e)(5). The statute authorizes exhibition of venomous and other dangerous reptiles and these regulations are needed to provide for the issuance of permits. 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, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8997. E-mail: jetherri@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

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

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

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

6 NYCRR Part 180, Eliminate Exemption Allowing Sale & Possession of Bighead Carp. This amendment may likely require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Shaun Keeler, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518 402 8928. E mail: sxkeeler@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 35, Restructure the Schedule of License Fees for Commercial Fishing in Inland Waters, Including for Collection and Sale of Baitfish. This amendment may require a Regulatory Flexibility Analysis for Small Businesses as well as a Rural Area Flexibility Analysis. Contact: Shaun Keeler, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518 402 8928. E mail: sxkeeler@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 10, Remove Second through Eighth Lakes of the Essex Chain of Lakes as privately managed waters with sportfishing regulations specified in NYCRR. This amendment will not require a Regulatory Flexibility Analysis for Small Business nor a Rural Flexibility Analysis. Contact: Shaun Keeler, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518 402 8928. E mail: sxkeeler@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR, Part 10, Sportfishing Regulations. These amendments pertain to the management of diadromous fishes in the Hudson and Delaware Rivers, and management of marine fishes in the Hudson River. They are needed to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us . Please include the Part number when e-mailing.

6 NYCRR, Part 35, Licenses. The Department will propose to establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. The Department also seeks a reduction in the number of types of licenses issued and an increase in the fees charged for certain licenses. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us . Please include the Part number when e-mailing.

6 NYCRR, Part 36, Gear and Operation of Gear. These amendments pertain to the management of diadromous fishes in the Hudson River and are needed to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC) or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 40, Marine Fish. The Department proposes to amend regulations pertaining to the management of marine and diadromous fishes, including sharks, to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), with the requirements of Environmental Conservation Law or pursuant to the Federal Sustainable Fisheries Act for such species. Proposed amendments will also provide compliance with National Marine Fisheries Service requirements and other federal laws. The Department proposes to amend the regulations to define what methods are allowed for recreational anglers to take fish. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters; and to create a definition for proof of residency and establish the requirement for providing such proof of residency when obtaining marine license and permits. The Department will seek to amend the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits with an acceptable substitute for 50 percent of earned income and tax records and make changes to striped bass commercial fishing permit reissuance and striped bass commercial permit tag provisions. New regulations will be proposed to make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. The Department seeks to adopt regulations to establish a commercial eel permit with reporting requirements statewide, and to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. The proposed amendments will adopt changes to the shipping, labeling and packing requirements to require harvester's fishing vessel trip report numbers on labels for quota managed species and adopt regulations to clarify provision for records retention by food fish shippers and dealers. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when e-mailing.

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

6 NYCRR Part 42, Sanitary Control over Shellfish. The Department proposes to 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. The proposed regulations will modify the descriptions of allowable activities under each category of shellfish shipper 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. Contact: Susan Ritchie, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0494. E-mail: sxritchi@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. The Department seeks to amend regulations pertaining to the management of surfclams and ocean quahogs that are consistent with the provisions of fishery management plans adopted by the Department and allow for the orderly implementation of any changes to the Environmental Conservation Law for the surfclam fishery. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0496. E-mail: dabarnes@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 44, Lobsters and Crabs. The Department proposes to amend regulations pertaining to the management of lobsters, decapod crabs and horseshoe crabs to maintain the health of such species and to prevent the introduction of exotic crustacean species. These proposed regulations will comply with fishery management plans developed by the Atlantic State Marine Fisheries Commission (ASMFC) for the species and with requirements of the Environmental Conservation Law. The proposed regulations will include general provisions consistent with those found in Part 40. The proposed amendments will allow for flexibility in the type of vent used in crab traps, mandatory use of terrapin excluder devices on crab traps and establish open crab dredge seasons and areas. Rulemakings will be proposed to clarify current language and remove unnecessary regulations. Horseshoe crabs regulations will be proposed to allow more control over the harvest and storage of horseshoe crabs. ASMFC will be developing an Addendum to the lobster management plan to scale the size of the Southern New England lobster fishery to the size of the resource. Lobster regulations will be developed based on the details of the Addendum. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government. Contact: Kim McKown, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0454. E-mail: kamckown@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 45, Transplanting of Shellfish. The Department proposes to amend regulations pertaining to the transplanting of shellfish that are necessary to provide adequate protection of public health and comply with the guidelines and minimum requirements of the National Shellfish Sanitation Program. The proposed regulations will amend requirements for permits, transplanting of shellfish, relay area certification, and establish requirements for recordkeeping and reporting. This rulemaking 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, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us. Please include the Part number when e-mailing.

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 rulemaking 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, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 49, Shellfish Management. The Department seeks to adopt regulations for the management of hard clams, soft or steamer clams and razor clams. The management measures include provisions for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, record keeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. The Department seeks to amend regulations pertaining to the possession of oysters of less than legal size which is needed to ensure enforceability and compliance with the minimum size requirements for harvest of wild (natural) oysters in the marine district. This rulemaking 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, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 50 , Miscellaneous Marine Species. The Department seeks to adopt new regulations for the protection and management of various other marine species. The immediate need is for the adoption of regulations for the protection and management of whelks (also known as conch, Busycon spp). These regulations will include size limits, reporting requirements for harvesters and dealers, specifications for marking and placement of whelk fishing gear, trap limits and other regulations necessary to manage the whelk fishery. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government. Contact: Kim McKown, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0454. E-mail: kamckown@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

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Office of Forest Protecton

6NYCRR Part 197, Licensing of Guides. The Department is proposing to revise 6NYCRR 197 (k) to include additional rivers in New York where a guides license is required; part 197.5 to restructure the fee schedule; and 197.8(a) to allow revocation of guide licenses for convictions of any law associated with the business of guiding. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Colleen Kayser, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-2560. Telephone: 518-402-8838. E-mail: rangers@gw.dec.state.ny.us Please include the Part number when e-mailing.

Office of Hearings and Mediation Services

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

6 NYCRR Part 624, Permit Hearing Procedures. The Office of Hearings and Mediation Services proposes to amend procedures governing issues conferences and interim appeals to the Commissioner from issues rulings by the Administrative Law Judges, to clarify the procedures governing motion practice, to establish procedures governing trade secrets and other confidential information in adjudicatory hearings, to revise certain definitions and to make various typographical, technical and related corrections. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis. Contact: Louis A. Alexander, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 14th Floor, Albany, New York 12233-1010. Telephone: 518-402-8537. E-mail, laalexan@gw.dec.state.ny.us Please include the Part number when e-mailing.

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Division of Lands and Forests

6 NYCRR Part 592, Conservation Easements. Addition of a New Section. These regulations will provide guidance and a process for the Department to follow when modifying or extinguishing a conservation easement. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Francis Sheehan, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250. Telephone 518-402-9405. E-mail: fesheeha@gw.dec.state.ny.us. Please include the Part number when e-mailing.

6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Dix Mountain Wilderness Area from overuse by applying restrictions to camping and rock climbing. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: 518- 473-9518. E-mail: pjfrank@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Giant Mountain Wilderness Area from overuse by applying restrictions to camping. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: 518- 473-9518. E-mail: pjfrank@gw.dec.state.ny.us Please include the Part number when e-mailing.

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, camp fires and other activities. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254.
Telephone: 518- 473-9518. E-mail: pjfrank@gw.dec.state.ny.us Please include the Part number when e-mailing.

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 and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: 518- 473-9518. E-mail: pjfrank@gw.dec.state.ny.us Please include the Part number when e-mailing.

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. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254.
Telephone: 518- 473-9518. E-mail: pjfrank@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

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. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Robert Messenger, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. Telephone: 518- 402-9428. E-mail: rwmessen@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 190, Lower Salmon River State Forest. Adopt a new section. These regulations are needed to control public use on lands to be acquired by the Department along the Salmon River in Oswego County. Because of the uniqueness of the area and its uses, specific regulations for the state forest will be developed that are not addressed in the existing Part 190 general regulations. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Daniel Bishop, NYS Department of Environmental Conservation, Region 7 Sub-Office, 1285 Fisher Avenue, Cortland, NY 13045-1090.
Telephone: 607-753-3095. E-mail: dlbishop@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

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

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

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Division of Materials Management

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

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

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

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

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Division of Mineral Resources

6 NYCRR Parts 550-556 and 560, Mineral Resources. The Department is proposing to revise 6 NYCRR Parts 550-556 and to adopt a new Part 560, Operations Associated with High-Volume Hydraulic Fracturing. Part 550 will be revised to reflect that the Bureau of Mineral Resources is a Division and add new definitions. Part 551 will be revised to include storage, stratigraphic, geothermal and disposal wells and to replace the blanket bond for wells greater than 6,000' with a financial security instrument that covers the actual cost of well plugging. Part 552 will be revised to include clarity for commencement of operations, to cover geothermal and stratigraphic wells greater than 500' deep, well re-fracturing requirements, increase the drilling permit term to two years, revise language for requests to suspend permits and add new text for the reissuance of permits. Part 553 will be revised to reflect statutory well spacing changes, spacing order issuance and variances. Part 554 will be revised to cover waste fluid disposal plans, drill cuttings disposal plans, horizontal well drilling, notice and plat map requirements and interim completion report filing requirements. Part 555 will be revised to clarify shut-in well status and plugging requirements. Part 556 will be revised to include gas flaring requirements and sundry notice and report on well requirements. A new Part 560 is proposed to cover activities associated with high-volume hydraulic fracturing, including definitions, application requirements, setbacks, testing, recordkeeping and reporting requirements, well construction and operation standards and reclamation requirements. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Peter Briggs/Jack Dahl, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-6500. Telephone: 518-402-8056. E-mail: dmnog@gw.dec.state.ny.us Please include the Part number when e-mailing.

Division of Water

6 NYCRR Parts 750.1 and 750.3 , High Volume Hydraulic Fracturing. The proposed rulemaking will modify the Department's existing regulations and promulgate new regulations for State Pollutant Discharge Elimination System permits for high-volume hydraulic fracturing (HVHF) activities. Contact: Ken Kosinski, Bureau of Water Resource Management, Division of Water, NYSDEC, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8110. E-mail: kakosins@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

6 NYCRR Part 502, Floodplain Management Criteria for State Projects. Revisions will update language to comply with enabling legislation and will update criteria to comply with changes in Federal Emergency Management Agency regulations and New York State Building Code. Part 502 was last updated in 1984. Areas include updated definitions, clarifying floodway encroachment requirements, changing lowest floor elevation requirements to reflect the Building Code of New York State, and clarifying the variance application and decision process. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: William Nechamen, Chief, Floodplain Management Section, Bureau of Flood Protection and Dam Safety, Division of Water, NYSDEC, Albany, NY 12233-3507 Telephone 518-402-8147. E-mail: wsnecham@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

6 NYCRR Part 505, Coastal Erosion Management Regulations. Part 505 of 6 NYCRR was last amended in March 1988. Since that date, through the implementation of the program there have been a number of areas identified which should be amended. These areas include clarifying definitions, providing new defined terms, and clarifying regulatory language regarding regulated activities in natural protective features areas. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Alan Fuchs, Director, Bureau of Water Permits, Division of Water, NYSDEC, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402- 8185. E-mail: aafuchs@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

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

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

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

6 NYCRR Part 750, State Pollutant Discharge Elimination System (SPDES) Permits. Revisions are necessary to add definitions, update references, incorporate new federal criteria and standards, and correct typographical errors. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Koon Tang, Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402- 8111. E-mail: kstang@gw.dec.state.ny.us Please include the Part number when e-mailing.

6 NYCRR Part 830, Lake Champlain Drainage Basin. Revisions will reclassify surface waters as needed to provide water quality protection consistent with designated best usages, as well as the Clean Water Act (CWA) Section 101(a)(2) goals. This rulemaking may require a Regulatory Flexibility Analysis for small businesses and a Rural Area Flexibility Analysis. Contact: Scott Stoner, Chief, Standards and Analytical Support Section, Bureau of Water Quality Management, Division of Water, NYSDEC, Albany, NY 12233-3502. Telephone 518-402-8193. E-mail: sxstoner@gw.dec.state.ny.us Please include the Part number when e-mailing.

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

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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 2008, 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 242, CO2 Budget Trading Program. Statutory Authority: Environmental Conservation Law Sections: 1-0101, 1-0303, 3-0301, 11-0303, 11-0305, 11-0535, 13-0105, 15-0109, 15-1903, 16-0111, 17-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 24-0103, 25-0102, 34-0108, 49-0309, 71-2103 and 71-2105. Part 242 is also consistent with the Department's obligations under Energy Law Sections: 3-101 and 3-103. The general powers of the New York State Energy Research and Development Authority (NYSERDA) that are relevant to the Program's ability to sell allowances in a transparent auction are set forth in the Public Authorities Law Section 1850, 1851, 1854 and 1855. Part 242 was adopted in 2008. It implemented CO2 emissions limitations on fossil fuel-fired electric generating sources 25 MW and larger through a flexible cap-and-trade program. Revisions are planned to address program items identified by the Department as part of a comprehensive program review and stakeholder process. Part 242 is on the Department's 2013 regulatory agenda.

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

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Division of Fish, Wildlife and Marine Resources

6 NYCRR Section 1.31 - Hunting Black Bear. Statutory Authority: ECL 11-0303, 11-0903 and 11-0907. This rulemaking modified the opening day of the regular season for bear hunting in the Catskill region to provide additional opportunities to harvest black bears. The rule remains in effect, and was affirmed when other changes to bear hunting seasons were adopted in August 2011.

6 NYCRR Section 2.2 - Taking of Frogs was repealed and Part 3 - Reptiles was amended. Statutory Authority: ECL 11-0103, 11-0303, 11-0311, 11-0903, 11-0905 and 11-0909. This regulation repealed section 2.2 regarding the taking of frogs and amended section 3.1 and added new sections 3.2 through 3.6 to provide for protection of all native reptiles and amphibians. The rule remains in effect.

6 NYCRR Section 2.25 - Hunting upland game birds. Statutory Authority: ECL 11-0303, 11-0903 and 11-0905. This regulation established a special two-day youth pheasant hunting weekend for licensed junior hunters prior to the regular fall season. The original rule established the youth hunt for pheasants for upstate New York only. The regulation was amended in October 2011 to establish a two-day youth pheasant hunting weekend on Long Island, pursuant to legislation enacted in August. Other amendments to regular pheasant hunting seasons and bag limits were adopted in 2010 and remain in effect in accordance with the Department's pheasant management plan.

6 NYCRR Section 2.30 - Migratory Game Bird Hunting Regulations. Statutory Authority: ECL 11-0303, 11-0307, 11-0903, 11-0905, 11-0909, 11-0917. This regulation adjusted the hunting areas, season dates, and bag limits for the 2007-2008 hunting season. The rulemaking has been amended annually since then to maintain conformance with federal regulations and to reflect current hunter preferences for open season dates. The regulation was amended further in 2010 to specify that season dates and bag limits for migratory game birds in New York would be as published annually by the U.S. Fish and Wildlife Service in the Federal Register. This change, authorized by amendment of ECL 11-0307 in May 2010, has reduced the need for annual amendment of these regulations in 2011 and beyond.

6 NYCRR Section 6.3 - General Trapping Regulations. Statutory Authority: ECL 11-0303, 11-1101 and 11-1103. This regulation established new requirements (e.g., specifications on size and placement) for body gripping traps set on land (larger than five inches) to reduce or eliminate the accidental capture, injury, or killing of dogs in body gripping traps primarily set to catch fisher or raccoons. The rule remains in effect.

6 NYCRR Parts 10, 19, 35 and 188 - Sportfishing Regulations; Use of Bait, Fish for Bait, and Bait Fish; Commercial Inland Fisheries; and Fish Health Inspection Requirements. Statutory Authority: ECL 3 0301, 11 0303, 11 0305, and 11 0325. These regulations, "Bait fish regulations and fish health inspection reports -To prevent the spread of viral hemorrhagic septicemia in New York State" were reviewed in the summer of 2010. The public input received was utilized for a proposed rulemaking which was filed in April of 2011, including providing for a 45 day public comment period. A final rulemaking containing modifications was adopted on June 29, 2011.

6 NYCRR Part 40 - Marine Fish. Statutory Authority: Environmental Conservation Law sections 13-0105 and 13-0340-b. This rulemaking increased the recreational size limit for summer flounder from 18 inches to 19 inches and increased the recreational fishing season from May 6 - September 12 to open all year. These regulations were adopted to be consistent with the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plan (FMP) for summer flounder. Atlantic States Marine Fisheries Commission provides cooperative management of the marine fisheries found within State waters along the Atlantic Coast. Atlantic States Marine Fisheries Commission seeks to promote healthy, self-sustaining populations for all Atlantic Coast fish and wise utilization of these resources. New York is a member state and must comply with the FMPs developed by ASMFC. These regulations are also necessary to comply with National Marine Fisheries Service regulations. Part 40 will be amended to meet the requirements of FMPs as ASMFC seeks to provide for the long-term health of these species and to comply with federal regulations. Please refer to the 2012 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

6 NYCRR Part 40 - Marine Fish. Statutory Authority: Environmental Conservation Law sections 13-0105 and 13-0340-b. This rulemaking implemented a closure of the recreational summer flounder season effective September 17, 2007. This regulation was adopted to be consistent with the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plans for summer flounder and NOAA/National Marine Fisheries Service (NMFS) regulations. ASMFC provides cooperative management of the marine fisheries found within State waters along the Atlantic Coast. ASMFC seeks to promote healthy, self-sustaining populations for all Atlantic coast fish and wise utilization of these resources. New York is a member state and must comply with the FMPs developed by ASMFC. These regulations are also necessary to comply with NMFS regulations. Part 40 will be amended to meet the requirements of FMPs as ASMFC seeks to provide for the long-term health of these species and to comply with federal regulations. Please refer to the 2012 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands. Statutory Authority: ECL 13-0307 and 13-0319. This regulation classified shellfish lands in Town of Southold as uncertified (closed) for the harvest of shellfish. Portions of Cutchogue harbor and its tributary creeks were designated as seasonally uncertified for shellfish harvest. Portions of the creeks were closed to shellfish harvest for the entire year. Bacteriological water quality testing is an ongoing task; shellfish growing area will be reclassified depending on the results of the water quality studies. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause illness in those individuals who consume them. Part 41 will be amended as needed. Please refer to the 2012 Division of Fish, Wildlife and Marine Resources Regulatory Agenda.

Regulatory Coordinators for the Division of Fish, Wildlife & Marine Resources are Colleen O'Brien and Maria Williams, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: (518) 408-0919 and (518) 402-8984.
E-mail: cjobrien@gw.dec.state.ny.us and mcwillia@gw.dec.state.ny.us

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Division of Lands and Forests

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

6 NYCRR Part 192, Firewood Restrictions to Protect Forests from Invasive Species
Environmental Conservation Law sections, 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(b), 3-0301(1)(d), 3-0301(2)(m), 9-0105(1), 9-0105(3) and 9-1303. The 2008 emergency rulemakings were replaced by a final regulation adopted in March 2009 which protects New York State's forests from invasive insects and diseases carried on firewood and introduced into non-infested forests. Amendment to this regulation was made in another rulemaking adopted in July 2012. This amendment was needed to facilitate the interpretation, compliance and enforcement of the 2009 regulation. These were not substantive revisions.

6 NYCRR Part 190, Addition of Specialized Regulations to Control Use on Stewart State Forest
Environmental Conservation Law sections, Environmental Conservation Law, sections 1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m)and 9-0105(1). This regulation is needed since it provides the necessary controls on the Stewart State Forest as public recreational use increases. No amendments to this regulation are planned for 2013 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

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Division of Water

6 NYCRR Parts 700-704, Water quality standards, standard-setting procedures, and related regulations to add, revise and delete water quality standards. Amendment of Parts 700-704 of Title 6 NYCRR, Environmental Conservation Law, sections 3-0301(2)(m), 15-0313 and 17-0301. The changes were necessary to add, revise, and delete water quality standards, and add and/or revise standard-setting procedures and related regulations, based upon the most current scientific information. These regulations will be amended as part of the rulemaking to amend Parts 700 - 706 of NYCRR. Please refer to the main section of the agenda for further information.

6 NYCRR Parts 608, 621 and 673, Operation and maintenance of dams. To adopt requirements for owner dam safety programs, permitting and enforcement. Amendment of Parts 608, 621 and 673 of Title 6 NYCRR, Environmental Conservation Law, art. 3, title 3 and art. 15, title 5. Requires all dam owners to operate and maintain dams in a safe condition and adopts requirements for owner dam safety programs. These regulations will not be amended this year.

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 2, 2013 issue of the State Register.

Last updated 2/7/2013

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