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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 (DEC), 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.

Underlines contained in the text of proposed regulations denote new material. Brackets [ ] indicate material to be deleted.

Proposed Regulations Available for Public Comment

  1. Parts 1.11, 1.18 and 1.31, Sections 11-0303, 11-0903 and 11-0907 - Deer and Bear Hunting - This rulemaking is necessary to revise regulations governing deer hunting seasons, issuance and use of deer hunting tags, and hunting black bear. Comments will be accepted through June 24, 2016.
  2. Part 6 Sections 6.2 and 6.3 - Fisher Trapping Seasons and Bag Limits and General Trapping Regulations for Furbearers - Amended - This rulemaking is necessary to revise existing fisher seasons, establish a new season in central / western New York, update and clarify general trapping regulations. Comments will be accepted through June 10, 2016.
  3. Part 40 Section 13-0333 - Marine Fish - The Management of Menhaden - This rulemaking is necessary to add menhaden and the menhaden trip limit to Table B - Commercial Fishing of 6 NYCRR subdivision 40.1(i). Comments will be accepted through June 24, 2016.
  4. Part 190, Section 190.10-g - Unique Areas - The purpose of this regulation is to protect public safety and natural resources on the Croton Gorge Unique Area. Comments on the proposed regulation will be accepted until June 13th 2016.
  5. Part 360, Solid Waste Management Facilities - This proposed rulemaking is a comprehensive revision to existing regulations. Comments will be accepted from March 16, 2016 until 5:00 p.m. on July 15, 2016.
  6. Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting - Emergency Adoption and Proposed Rule. This emergency rule adds perfluorooctanoic acid, ammonium perfluorooctanoate, perfluorooctane sulfonic acid, and perfluorooctane sulfonate to the list of hazardous substances. While the emergency rule makes the amendments to 6 NYCRR Part 597 effective April 25, 2016, the emergency adoption is temporary. Amendments will become permanent upon adoption of proposed rule. Comments accepted through July 8, 2016.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 1, Section 180.3 - Big Bore Air Rifles - This rulemaking is necessary to allow big bore air rifles as legal implements for hunting big game.
  2. Part 40, Sections 13-0303 and 13-0340-f - Management of Black Sea Bass - This rulemaking is necessary to adopt regulations for the management of black sea bass.
  3. Part 43, Section 13-0309 - Atlantic Ocean Surfclam Management - This rulemaking is necessary to amend surfclam regulations to provide consistency with management measures of the Fishery Management Plan.
  4. Part 183, Sections 183.1, 183.2 and 183.4 - License Issuing Officers & Part 184, Sections 184.3, 184.4 and 184.6 - Wildlife Rehabilitators - This rulemaking is necessary to establish qualifications for License Issuing Agents and Wildlife Rehabilitators.
  5. Part 222, Distributed Generation Sources - The primary purpose of this regulation is to establish NOx emission limits for distributed generation sources that are not subject to Subpart 227-2 (NOx RACT rule).
  6. Part 375, Subparts 375-1 and 375-3 - Environmental Remediation Programs - This revised proposed rulemaking will define the terms 'affordable housing project' and 'underutilized,' which will be part of the eligibility requirements for tangible property tax credits for brownfields in New York City. It will also amend the 'brownfield site' definition in accordance with recent statutory amendments.
  7. Part 490 - Projected Sea-level Rise - DEC is proposing to establish a new 6 NYCRR Part 490, which will establish projections of sea-level rise in three specified geographic regions over various time intervals, but will not impose any requirements on any entity.
  8. Part 576 - Aquatic Invasive Species Spread Prevention - This rulemaking will require that "reasonable precautions" are taken prior to placing watercraft into public waters to prevent the spread of aquatic invasive species.
  9. Part 592 - Conservation Easements - The purpose of this regulation is to provide standards and a procedures for DEC staff to utilize when modifying or extinguishing a conservation easement administered by DEC. It will also provide the public with an opportunity to participate in the conservation easement amendment process.
  10. Parts 750 and 621 - Sewage Pollution Right to Know Act - The purpose of this proposed rulemaking is to implement the Sewage Pollution Right to Know (SPRTK) Act, ECL §17-0826-a, which is intended to benefit the public health and the environment.

Emergency Regulatory Actions

  1. Part 190, Section 190.35 - Peekamoose Valley Riparian Corridor - adopted May 19, 2016. This rulemaking is necessary to protect public health, safety, and general welfare, as well as the natural resources on the Peekamoose Valley Riparian Corridor.
  2. Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting - adopted April 25, 2016. This rulemaking classifies perfluorooctanoic acid, ammonium perfluorooctanoate, perfluorooctane sulfonic acid, and perfluorooctane sulfonate as hazardous substances.
  3. Part 41, Sections 11-0303, 11-0307 and 13-0319 - Sanitary Condition of Shellfish Lands - adopted October 14, 2015; expires March 12, 2016. This rulemaking is to reclassify shellfish lands to prohibit the harvest of shellfish.

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 200 - General Provisions - effective February 5, 2016. DEC has amended the list of federal New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants that are incorporated by reference by New York State.
  2. Part 10 Sections 10.1, 10.2, 10.3 and 10.4 - Sportfishing and Associated Activities - adopted January 6, 2016. This rulemaking is to amend and update the DEC's general regulations governing sportfishing.
  3. Part 243, Transport Rule NOx Ozone Season Trading Program, Part 244, Transport Rule NOx Annual Trading Program Part 245, Transport Rule SO2 Trading Program - effective December 12, 2015. DEC repealed Parts 243, 244, and 245 (collectively, the NYS CAIR) and replaced them with three new rules. These new incorporate the EPA's CSAPR and allow DEC to allocate CSAPR allowances to regulated entities in New York.
  4. Part 218 - Emission Standards for Motor Vehicles and Motor Vehicle Engines and Part 200 - General Provisions - effective December 9, 2015. This rulemaking incorporates California's latest greenhouse gas and zero emission vehicle standards into New York's existing low emission vehicle program.
  5. Parts 701 and 703 - Class I and Class SD Waters - effective November 4, 2015. This rulemaking was necessary to meet the "swimmable" goal of the federal Clean Water Act.
  6. Part 192, Section 192.7 - Emerald Ash Borer Quarantine - effective October 31, 2015. The purpose of this regulation is to restrict the movement of emerald ash borer by regulating movement of host materials.
  7. Part 40, Section 1 - Recreational Harvest of Black Sea Bass - adopted October 7, 2015. This rulemaking was necessary to reduce recreational black sea bass harvest by 33% by increasing the fish minimum size to 14 inches.
  8. Parts 595-599, 612-614, 370, 374-2 - Bulk Storage of Petroleum and Chemicals; and Management of Used Oil - adopted September 30, 2015. The petroleum and chemical bulk storage revisions are effective October 11, 2015; the management of used oil revisions are effective November 10, 2015. The revised regulations reflect changes in State laws and federal laws and regulations.
  9. Part 10 - Sportfishing Regulations and Part 40 - Marine Fish (Striped Bass) - adopted August 5, 2015. This rulemaking was necessary to reduce fishing mortality of striped bass to promote stable fish populations, and to remain in compliance with the ASMFC FMP.
  10. Part 1, Sections 1.11 and 1.30 - Deer Hunting Seasons and Deer Management Assistance Permits - adopted August 5, 2015. This rulemaking was necessary to establish, or authorize the department to establish by regulation, certain basic wildlife management tools, including the setting of open areas, and restrictions on methods of take and possession.
  11. Part 1, Section 1.40 - Hunting Wild Turkey - adopted July 22, 2015. This rulemaking was necessary to amend wild turkey hunting regulations to revise the fall hunting season structure (season zones, season length, bag limit).
  12. Part 482-2 - Operating Program Fees - effective June 17, 2015. 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).
  13. Part 212 - Process Operations - effective June 14, 2015. This rule will align Part 212 and the permitting program by establishing consistent terminology between Part 212 and Parts 200 and 201.

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