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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

There are currently no proposed regulations available for public comment.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Parts 44, 50 - Whelk and Crab - This rule making is necessary to promote prudent management strategies for crabs, horseshoe crabs and whelk.
  2. Parts 3.1 and 3.2, Sections 11-0303, 11-0311, 11-0903 and 11-0905 - Protection of diamondback terrapin. This rulemaking is necessary to close the open season on diamondback terrapin.
  3. Part 40 - Marine Fish - Summer Flounder: This rule making is necessary to satisfy the latest reduction in the harvest of summer flounder as required by the Atlantic States Marine Fisheries Commission.
  4. Part 69 and Part 101, Sections 11-0303, 11-0321 and 11-2101 - Regional Hunting Regulations - This rulemaking is necessary to repeal regional hunting regulations.
  5. Proposed Part 232 Dry Cleaning Facilities - The Department is proposing to repeal 6 NYCRR Part 232, Perchloroethylene Dry Cleaning Facilities, and regulate both alternative solvent and perchloroethylene (perc) dry cleaning equipment under a new regulation. This new regulation will be titled Dry Cleaning Facilities and will include changes that specify the regulatory requirements for alternative solvent equipment, improve compliance, reduce emissions and bring New York's regulation up to date with current federal requirements.
  6. Part 617 - State Environmental Quality Review (SEQR) - the principal purpose of the amendments is to streamline the SEQR process without sacrificing meaningful environmental review. Comments will be accepted through May 19, 2017.
  7. Part 43 Non-Atlantic Surfclams - This rule making is necessary to modify the permit requirements for the surfclam fishery in New York State waters outside the Atlantic Ocean. The rule making was filed as a consensus rule making; DEC seeks to reduce the paperwork burden on permit holders and streamline the permitting process.
  8. Subpart 225-2 - Fuel Composition and Use-Waste Oil as a Fuel, and Part 200-General Provisions - DEC is proposing to amend subpart 225-2 to regulate the burning of waste oils in combustion, incineration, and process sources throughout New York State. DEC is also adding the definition for "residual oil" to 6 NYCRR Part 200.
  9. Part 380 - Prevention and Control of Environmental Pollution by Radioactive Materials - DEC is proposing to amend 6 NYCRR Part 380 to incorporate eight federal rule changes that have occurred from 1991 through 2008 for the Radiation Program, clarify and improve the existing regulation, and add a 10 millirem constraint on airborne emissions, which has been implemented for several years through Radiation Control Permit conditions.

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 360 - Solid Waste Management Facilities - effective on November 4, 2017. These regulations are comprehensive revisions, enhancements and structural changes to the Solid Waste Management Regulations.
  2. Parts 500 & 750 -758: Adopted on November 1, 2017. The Repeal of 6 NYCRR Part 500 and the Amendment/Repeal of references to Parts 750-758 to reflect the current regulation - Part 750.
  3. Part 830 - Lake Champlain Drainage Basin - Effective November 1, 2017. These amendments upgraded the classification, description, and item numbers of certain waters in the Lake Champlain drainage basin. This rulemaking was necessary to meet the "fishable" goal of the federal Clean Water Act and to provide enhanced protection for trout waters.
  4. Section 190.37 Lower Salmon River State Forest - effective on September 13th, 2017. The purpose of this section is to protect public safety and natural resources on the Lower Salmon River State Forest.
  5. Part 2, Section 2.2 and Part 6, Section 6.2 - Adopted on July 12, 2017. Effective July 12, 2017. Special permit requirement to hunt or trap bobcats in the Harvest Expansion Area in central and western NY. This rulemaking is necessary to revise regulations to remove the requirement for a special permit to hunt or trap bobcats in the Harvest Expansion Area.
  6. Part 482-2 - Operating Permit Program Fee - effective June 28, 2017. 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.
  7. Part 180, Section 180.6 - Free Sport Fishing Days - Adopted on June 21,2017. Effective June 21, 2017. This rulemaking is necessary to expand and establish four additional free sport fishing days.
  8. Part 597 - Hazardous Substances Identification, Release Prohibition, and Release Reporting - effective March 3, 2017. The amendments under this rule making finalized the (1) addition of perfluorooctanoic acid (PFOA-acid), ammonium perfluorooctanoate (PFOA-salt), perfluorooctane sulfonic acid (PFOS-acid), and perfluorooctane sulfonate (PFOS-salt) to the list of hazardous substances at 6 NYCRR Section 597.3; (2) allowance for continued use of firefighting foam that may contain PFOA-acid, PFOA-salt, PFOS-acid or PFOS-salt to fight fires (but not for training or any other purposes) on or before April 25, 2017 even if such use may result in the release of a reportable quantity (RQ), which is otherwise prohibited; and (3) correction to the list of hazardous substances by providing units for RQs.
  9. Part 490 - Projected Sea-level Rise - adopted February 3, 2017. This rulemaking establishes projections of sea-level rise in three specified geographic regions over various time intervals, but does not impose any requirements on any entity.
  10. Part 10, Sections 10.2, 10.3, 10.7 and 10.9 - Sportfishing (freshwater) and Associated Activities - adopted January 17, 2017. This rulemaking was necessary to revise sportfishing regulations and associated activities.
  11. Part 40 - Marine Fish - Party and Charter Boats - effective January 4, 2017. This rulemaking was necessary to allow the filleting of striped bass on party and charter boats in the marine and coastal district.
  12. Part 592 - Conservation Easements - effective December 21, 2016. 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.
  13. Parts 750 and 621 - Sewage Pollution Right to Know Act - effective November 9, 2016. This rule reiterates and implements the requirements set forth in ECL section 17-0826-a (the Sewage Pollution Right to Know Act) and establishes a registration program for publicly owned sewer systems.
  14. Part 222 - Distributed Generation Sources - effective December 1, 2016. This regulation establishes NOx and PM emission limits for distributed generation sources that are not subject to Subpart 227-2 (NOx RACT rule).

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