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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. Part 192, Section 192.7 - Emerald Ash Borer Quarantine - The purpose of this regulation is to restrict the movement of emerald ash borer by regulating movement of host materials. Comments will be accepted until 4:00 p.m. on July 11, 2015.
  2. Part 200 - General Provisions - This rulemaking will update 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. Comments will be accepted until 5:00 p.m. on September 1, 2015.
  3. Part 218 - Emission Standards for Motor Vehicles and Motor Vehicle Engines - This rulemaking will incorporate California's latest greenhouse gas and zero emission vehicle standards into New York's existing low emission vehicle program. Comments will be accepted until 5:00 p.m. on August 31, 2015.
  4. Part 375, Subparts 375.1 and 375.3 - Environmental Remediation Programs -This 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. Comments will be accepted through August 5, 2015.
  5. 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. Comments will be accepted until 5:00 p.m. on July 31, 2015.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 1, Sections 1.11 and 1.30 - Deer Hunting Seasons and Deer Management Assistance Permits - This rulemaking is 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.
  2. Part 1, Section 1.40 - Hunting Wild Turkey - This rulemaking is necessary to amend wild turkey hunting regulations to revise the fall hunting season structure (season zones, season length, bag limit).
  3. Part 6, Sections 6.2 and 6.3 - Fisher Trapping Seasons and Bag Limits and General Trapping Regulations for Furbearers - This rulemaking is necessary to establish certain basic wildlife management tools, including the setting of open areas for trapping fisher and other furbearers.
  4. Part 10 - Sportfishing Regulations and Part 40 - Marine Fish (Striped Bass) - This rulemaking is necessary to reduce fishing mortality of striped bass to promote stable fish populations, and to remain in compliance with the ASMFC FMP.
  5. Part 40 - Marine Fish - Open Seasons, Size and Catch Limits (Winter Flounder) - This rulemaking is necessary to extend the recreational winter flounder fishing open season from April 1 - May 30 to March 1 - December 31.
  6. Part 40, Section 1 - Recreational Harvest of Black Sea Bass - This rulemaking is necessary to reduce recreational black sea bass harvest by 33% by increasing the fish minimum size to 14 inches.
  7. Part 40, Section 40.7 - Coastal Sharks - Open Seasons, Size and Catch Limits - This rulemaking is necessary to make state regulations consistent with federal rules and maintain compliance with the ASMFC Interstate FMP for coastal sharks.
  8. Parts 595-599, 612-614, 370, 374-2 - Bulk Storage of Petroleum and Chemicals; and Management of Used Oil - These regulations are being revised to reflect changes in State laws and federal laws and regulations.
  9. Parts 701 and 703 - Class I and Class SD Waters - This rulemaking is necessary to meet the "swimmable" goal of the federal Clean Water Act.

Emergency Regulatory Actions

  1. Part 10 - Sportfishing Regulations and Part 40 - Marine Fish (Striped Bass) - in effect since March 17, 2015 and will expire on August 10, 2015. This rulemaking is necessary to reduce fishing mortality of striped bass to promote stable fish populations, and to remain in compliance with the ASMFC FMP.
  2. Part 49, Section 49.1 - Bay Scallops (Argopecten irradians) - adopted March 27, 2015; expires June 25, 2015. This rulemaking is necessary to provide additional harvesting opportunities to commercial bay scallop harvesters due to extreme winter conditions this year.

Recently Adopted Regulations (Previous Twelve Months)

  1. 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).
  2. 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.
  3. Part 44, Section 44.1 - Lobsters - adopted May 6, 2015. This rulemaking was necessary to implement ASMFC American Lobster Fishery Management Plan Addendum XVII and allow the lobster stock to rebuild.
  4. Parts 10, 18, 19 and 35 - Sportfishing Regulations; Taking Bait; Use of Bait, Fish for Bait, and Bait Fish; Licenses - adopted March 11, 2015; effective April 1, 2015. This rulemaking was necessary to revise sportfishing regulations and associated activities including the commercial collection, sale and use of baitfish.
  5. Part 189 - Chronic Wasting Disease - adopted February 11, 2015. This rulemaking was necessary to prevent importation of chronic wasting disease infectious material from the State of Ohio into New York.
  6. Part 570 - Liquefied Natural Gas - effective February 26, 2015. The addition of Part 570 to 6 NYCRR establishes a permitting program for the safe siting, construction and operation of liquefied natural gas (LNG) facilities and transportation of LNG in New York State.
  7. Part 1, Sections 1.11 and 1.24 - Deer Hunting Seasons; Special Seasons for Deer of Either Sex in Suffolk County - adopted December 31, 2014. This rulemaking was necessary to expand and simplify deer hunting seasons and regulations in Suffolk County.
  8. Parts 10, 11, 19, 36, 37 and 40 - Sportfishing, Use of Bait, Gear, Prohibited Sale of Certain Fish, and Marine Fish (American eel) - adopted December 10, 2014. This rulemaking was necessary to reduce fishing mortality of American eel in order to promote stable fish populations, and to remain in compliance with the ASMFC.
  9. Part 41, Section 41.3 - Sanitary Condition of Shellfish Lands - adopted September 24, 2014. This rulemaking was necessary to reclassify underwater lands to prohibit the harvest of shellfish.
  10. Part 227-3 - Nitrogen Oxides (NOx) Emissions Budget and Allowance Program, Part 237 - Acid Deposition Reduction NOx Budget Trading Program, Part 238 - Acid Deposition Reduction SO2 Budget Trading Program, and Part 200 - General Provisions - effective October 5, 2014. The Department promulgated Parts 227-3, 237, and 238 to reduce the amount of NOx and SO2 emitted from large, fossil fuel-fired stationary sources.
  11. Part 200.1 - Definitions - effective September 17, 2014. The definition of "nonattainment area" was revised, keeping New York's Designation status up-to-date with the official designation status contained in Section 81.333 of Title 40 of the Code of Federal regulations.
  12. Part 1 - Single Species and Part 2 - More Than One Species (Hunting with Crossbows) - adopted August 27, 2014. This rulemaking was necessary to authorize use of a crossbow during certain big and small game hunting seasons.
  13. Part 1, Section 1.31 - Hunting Black Bear - adopted August 6, 2014. This rulemaking was necessary to expand bear hunting opportunities and increase harvests to help stabilize or reduce populations.
  14. Part 575 Prohibited and Regulated Invasive Species - adopted July 28, 2014; effective March 10, 2015. The purpose of this rulemaking is to help control invasive species, a form of biological pollution, by reducing the introduction of new and spread of existing populations, thereby having a positive impact on the environment. The final regulations will be published in the State Register September 10, and become effective 6 months thereafter.
  15. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder {Fluke}, and Black Sea Bass) - adopted July 23, 2014. This rulemaking was necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC.

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