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Proposed Regulations

DEC's Proposed, Emergency, and Recently Adopted Regulations

This page lists the rules and regulations that have been proposed by the New York State Department of Environmental Conservation, and on emergency and recently adopted regulations that have been adopted by the Department. Details for each proposal or adoption can be found on web pages for each division that are linked from the left column of this page. Please check back often as this page will be updated whenever new regulations are proposed.

Proposals Currently Available for Public Comment

  1. Part 215 - Open Fires, Part 191 - Forest Fire Prevention, and Part 621 - Uniform Procedures - Proposed revision to regulations pertaining to burning of residential wastes. Comments will be accepted through June 26, 2009.
  2. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder and Black Sea Bass) - This proposed rulemaking is necessary to control the recreational harvest and possession of summer flounder and black sea bass consistent with Fisheries Management Plans. Comments will be accepted through June 29, 2009.
  3. Part 79 - Public Use of that Portion of Lakeview Wildlife Management Area Designated as Natural Beach - This proposed rulemaking is necessary to regulate public use of the Lakeview and Black Pond Wildlife Management Areas. Comments will be accepted through July 27, 2009.
  4. Part 235 - Consumer Products - The Department is proposing to revise 6 NYCRR Parts 200.9 and 235. The purpose of the proposed revisions to the existing Consumer Products regulation is to further reduce the amount of Volatile Organic Compounds (VOCs) emitted into the atmosphere from Consumer Products. Comments will be accepted through July 29, 2009.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 673 - Dam Safety Regulations, Part 608- Use and Protection of Waters, and Part 621- Uniform Procedures - Proposed amendments to regulations pertaining to dam safety.
  2. Part 252 - Environmental Performance Labels - These regulations would require environmental performance labels be affixed to new vehicles delivered for sale in New York. The label would contain quantitative information of the criteria pollutant and greenhouse gas emissions for new vehicles relative to the average new vehicle for the same model year. The regulation would take effect for 2010 and subsequent model year passenger vehicles and light-duty trucks up to 8,500 pounds gross vehicle weight rating.
  3. Part 1, Section 1.22 and Section 1.27 - Deer Hunting - Withdrawn on July 1, 2009. This rulemaking was proposed to expand antler restrictions in the Catskills and update muzzleloading regulations in the Northern Zone.
  4. Part 200, General Provisions as related to Federal National Emission Standards for Hazardous Air Pollutants (NESHAP). The Department proposes to revise 6 NYCRR 200.9 and 200.10 to update the incorporation by references to include the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations as they appear in the July, 2007 version of the Code of Federal Regulations and correct existing typographical errors.
  5. Part 239, Portable Fuel Container Spillage Control. The Department proposes to revise 6 NYCRR Parts 200, 239 and associated revisions to the State Implementation Plan (SIP). The purpose of the proposed revisions is to update New York's current portable fuel container regulations and allow more flexibility to the manufacturer.
  6. Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles. The Department proposes to promulgate Part 248 and amend Part 200. These regulations will require the use of ultra low sulfur diesel (ULSD) fuel and best available retrofit technology (BART) on covered heavy duty diesel vehicles (HDDVs) owned by, operated by, on behalf of, or leased by state agencies and state and regional public authorities.

Emergency Regulatory Actions

  1. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder and Black Sea Bass) - effective April 28, 2009; and expires July 27, 2009. This emergency rulemaking is necessary to control the recreational harvest and possession of summer flounder and black sea bass consistent with Fisheries Management Plans.

Recently Adopted Regulations (Previous Twelve Months)

  1. Parts 1, 2, 4 and 6 - Hunting and Trapping Wildlife Management Unit Descriptions - adopted July 1, 2009. This rulemaking is necessary to amend wildlife management unit boundaries and make associated revisions to game species hunting and trapping seasons.
  2. Adopted Subpart 482-2, Operating Program Fees - effective date: June 24, 2009. This regulation establishes the fee to be paid by all facilities that are subject to the requirements of Title V of the Federal Clean Air Act (Act).
  3. Part 1, Section 40 - Hunting Wild Turkey - adopted June 17, 2009. This rulemaking was necessary to establish a fall turkey hunting season on Long Island, and to amend the methods of taking wild turkey statewide.
  4. Part 190 - State Lands - effective May 13, 2009. This amendment to Part 190 will protect public safety, manage public use and protect natural resources on State lands.
  5. Part 40 - Marine Fish (Weakfish and Black Sea Bass) - effective April 1, 2009. This rulemaking is necessary to manage marine commercial fisheries for weakfish and black sea bass. It will amend regulations for commercial limits on weakfish, construction of traps for black sea bass, and definition of total length.
  6. Part 192, Section 192.5 - Firewood Restrictions to Protect Forests from Invasive Species - effective March 18, 2009. This rulemaking was necessary to reduce the risk of introduction and spread of invasive insects and diseases of trees by preventing untreated firewood from entering New York State and restricting the movement, sale and possession, within the State, of untreated firewood that originates in New York State.
  7. Part 616 - Access to Records. effective February 11, 2009. This is a consensus rulemaking to update the Department's regulations in regards to FOIL appeals and recent legislation.
  8. Adopted Part 200 - General Provisions, Part 201 - Permits and Registrations, and Part 231 - New Source Review for New and Modified Facilities - Notice of amended adoption on February 2, 2009; filed with Department of State February 3, 2009; effective March 5, 2009. The Department filed a Notice of Amended Adoption with the Department of State on February 3, 2009. This Notice will be published in the State Register on February 18, 2009. The effective date of this rulemaking is March 5, 2009. This filing will correct the Department's Notice of Adoption filed on January 20, 2009, which was published in the State Register February 4, 2009. The Department has adopted revisions to 6 NYCRR Parts 200, 201 and 231. These rule revisions address the permitting, emission control, and recordkeeping requirements for new major facilities, major modifications at existing major facilities, and major modifications to existing non-major facilities that are located in NYS.
  9. Part 41, Section 41.3 - Sanitary Condition of Shellfish Lands - adopted December 10, 2008. This emergency rulemaking was necessary to prohibit the harvest of shellfish from areas that do not meet water quality standards.
  10. Part 2, Section 30 - Migratory game birds - adopted December 3, 2008. This emergency rulemaking was necessary to change migratory game bird hunting regulations to conform to federal regulations.
  11. Part 190, Section 190.34 - Stewart State Forest - effective October 22, 2008. The Department updated the regulations for Stewart State Forest in response to public comments and a change in the lands designation and administration.
  12. Part 41, Section 41.2 - Sanitary Condition of Shellfish Lands - adopted October 15, 2008. This rulemaking was necessary to reclassify underwater lands for the harvesting of shellfish and to clarify an existing description of uncertified lands.
  13. Part 44 - Lobsters and Crabs - adopted September 24, 2008. This emergency rulemaking was necessary to reduce harvest of lobster consistent with the fishery management plan.
  14. Adopted Part 242 - CO2 Budget Trading Program, Revisions to Part 200 - General Provisions - effective September 24, 2008. Establishes a market based program designed to cap and reduce carbon dioxide (CO2) emissions from power plants by 10 percent by 2019. Table 1 of 6 NYCRR 200.9, Referenced Material, was revised in order to facilitate the administration of the Program.
  15. Part 1, Section 31 - Hunting Black Bear - adopted September 24, 2008. This rulemaking was necessary to open new areas to bear hunting as a continuation of efforts to slow bear population growth and range expansion and to reduce potential for conflicts between bears and people.
  16. Parts 10, 18, 19, 35, and 180 - Sportfishing Regulations, Taking Bait, Use of Bait, Licenses, and Miscellaneous Regulations - adopted September 10, 2008, effective October 1, 2008. This rulemaking was necessary to revise regulations governing sportfishing and associated activities including gear requirements and use of bait fish; and to prohibit the sale of trout and salmon eggs.
  17. Parts 10, 35, 36 and 40 - Sportfishing Regulations, Licenses, Gear and Operation of Gear, and Marine Fish - adopted August 27, 2008. This rulemaking was necessary to reduce the harvest of Hudson River American shad consistent with protecting the resource.
  18. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder and Scup) - adopted July 30, 2008. This rulemaking was necessary to control the recreational harvest and possession of summer flounder and scup consistent with Fisheries Management Plans.
  19. Subpart 482-2, Operating Program Fees - effective date June 25, 2008.
  20. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Tautog) - adopted June 18, 2008. This rulemaking was necessary to control the recreational harvest and possession of tautog consistent with Fisheries Management Plans.

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