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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 1, Section 30 and Part 6, Section 3 - Deer Management Assistance Permits and General Trapping Regulations - This rulemaking is necessary to reduce costs associated with Deer Management Assistance Permits and measuring beaver harvest. Comments will be accepted through August 2, 2010.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 187 - Miscellaneous Black Bear Regulations - This proposed rulemaking is necessary to reduce conflicts between bears and people.
  2. Part 202, Emissions Verification - The Department is proposing to revise Part 202, to make some minor language changes in 202-1 to more accurately represent the Department's ability to require stack tests for inventory purposes, as part of the permitting process; and within 202-2, the Department is proposing to clarify language and include the reporting of greenhouse gases as part of the existing annual emission statement process.
  3. Revised Proposed Part 212, General Process Emission Sources - To aid in attaining the federal ozone standard, Part 212 is being revised to include new requirements for the control of oxides of nitrogen (NOx) at hot mix asphalt production plants throughout the state.
  4. Revised Proposed Part 228, Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers, and Part 200 General Provisions - The Department is preparing to repropose a rule which will limit emissions of volatile organic compounds (VOCs) from commercial and industrial adhesives, sealants and primers.
  5. Part 241, Asphalt Pavement and Asphalt Based Surface Coating, Part 211, General Prohibitions, and Part 205, Architectural and Industrial Maintenance (AIM) Coatings - The Department is proposing to modify its regulations that control VOC content in asphalt pavement and asphalt based surface coatings.
  6. Part 247, Outdoor Wood Boilers, and Part 200, General Provisions - The Department is proposing to adopt new Part 247, Outdoor Wood Boilers and revise Part 200, General Provisions, to conform to the new rule. Emission limits and siting requirements will be established for new outdoor wood boilers (OWBs) along with stack height and operating requirements for both new and existing OWBs.
  7. Part 649 - New York State Water Pollution Control Revolving Fund Regulations - This proposed rulemaking will allow for LDP investments to be made from the CWSRF for repairs/replacements of septic systems or connections to sewers for residences and small businesses; and for the implementation of management programs established under §319 of the Federal Water Pollution Control Act related to agricultural operations. The act prohibits the making of linked loans after September 30, 2011.

Emergency Regulatory Actions

  1. Section 190.26 Hemlock-Canadice State Forest (Livingston-Ontario State Reforestation Area #1) - The purpose of this regulation is to provide continuous and consistent protection to Hemlock and Canadice Lakes. Emergency adoption: June 29, 2010.
  2. Part 649 New York State Water Pollution Control Revolving Fund Regulations -The emergency/proposed rule amends 6 NYCRR Part 649 to set forth rules and procedures whereby the New York State Department of Environmental Conservation can adhere to its current administrative policies and practices and also meet a February 10, 2010 deadline for States to have projects underway or under contract or lose the funds provided in the stimulus legislation entitled the American Recovery and Reinvestment Act (ARRA). Emergency Adoption: October 28, 2009.

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 6, Sections 2 and 3 - More Than One Species (Trapping Regulations) - effective July 28, 2010. This proposed rulemaking is necessary to update and improve trapping regulations.
  2. Part 189 - Chronic Wasting Disease - effective July 28, 2010. This proposed rulemaking is necessary to update chronic wasting disease regulations.
  3. Amended Subpart 227-2, Subpart 201-3 Exempt and Trivial Activities, and Part 200 General Provisions - effective July 25, 2010. The Department has amended its adopted revisions to Part 200.9 to correct typographical errors present in the original adoption package for Subpart 227-2.
  4. Subpart 482-2 Operating Program Fees - effective date July 14, 2010. 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.
  5. Part 190.10, Unique areas - effective July 7, 2010. This amendment will enhance restrictions to reduce resource damages and the incidence of serious injuries and fatalities at Salmon River Falls Unique Area.
  6. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder, Scup and Black Sea Bass) - effective July 7, 2010. This rulemaking was necessary to modify the recreational harvest limits for summer flounder, scup and black sea bass in compliance with ASMFC and MAFMC.
  7. Part 220, Portland Cement Plants and Glass Plants - effective July 11, 2010. The Department has adopted revisions to Part 220 and minor attendant revisions to Part 200. The current Part 220 was divided into two subparts: 220-1 for portland cement plants; and 220-2 for glass manufacturing plants. In addition to other requirements, the existing regulation imposes Reasonably Available Control Technology (RACT) requirements on emissions of oxides of nitrogen (NOx) from portland cement kilns.
  8. Part 2, Section 25 - Hunting Upland Game Birds (Pheasants) - effective June 23, 2010. This rulemaking was necessary to adjust pheasant hunting seasons and bag limits to increase hunting opportunity.
  9. Parts 40 and 44 - Marine Fish and Lobsters and Crabs - (weakfish, coastal sharks, striped bass, Atlantic cod and American lobster) - effective June 23, 2010. This rulemaking was necessary to make State regulations consistent with State and Federal laws and maintain compliance with Interstate Fishery Management Plans.
  10. Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines pertaining to GHG - effective July 8, 2010. The amendments incorporate California's revisions to the greenhouse gas (GHG) emission standards that have been adopted as part of the low emission vehicle (LEV) program.
  11. Subpart 227-2, Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx), Subpart 201-3 Exempt & Trivial activities, and Part 200 General Provisions - effective July 8, 2010. The revisions include the lowering of the NOx RACT emission limits for very large boilers, large boilers, mid-size boilers, and small boilers, and the requirement for a case-by-case RACT analysis for combined cycle/cogeneration combustion turbines. These revisions also include new shutdown and system-wide averaging options for compliance.
  12. Part 234 Graphic Arts, Part 201 Permits and Registrations, and Part 200 General Provisions - effective July 8, 2010. The revisions expand the current regulation's applicability to include letterpress printing and establish more stringent Reasonably Available Control Technology (RACT) for volatile organic compounds (VOCs) for facilities that engage in flexographic, offset lithographic and rotogravure printing. The revisions also impose new requirements for graphic arts coating and adhesives, and cleaning solutions used in letterpress and offset lithographic printing.
  13. Parts 190.10 and 190.25, Public Use of Zoar Valley Unique Area and Zoar Valley Multiple Use Area - effective June 9, 2010. This amendment provides for public safety and resource protection on this ecologically important property.
  14. Part 204, NOx Budget Trading Program (Repealed), Part 237, Acid Deposition Reduction NOx Budget Trading Program, Part 238, Acid Deposition Reduction SO2 Budget Trading Program, and Part 200, General Provisions - adopted April 21, 2010; effective May 6, 2010. These regulatory revisions will prevent affected sources from needing to comply with duplicative programs.
  15. Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200, General Provisions pertaining to ZEV - adopted April 21, 2010; effective May 6, 2010. The revisions simplify the zero emission vehicle (ZEV) program and incorporate California's experimental permit procedures for on-road motor vehicles.
  16. Part 243, CAIR NOx Ozone Season Trading Program, Part 244, CAIR NOx Annual Trading Program, Part 245, CAIR SO2 Trading Program, and Part 200, General Provisions - adopted April 21, 2010; effective May 6, 2010. The revisions incorporate changes to the model federal regulations on which the three NYS CAIR rules are based, and make minor clarifications and corrections to the NYS CAIR rules.
  17. Part 249, Best Available Retrofit Technology (BART), and Part 200, General Provisions - adopted April 21, 2010; effective May 6, 2010. The revisions were adopted in response to a federal requirement under the regional haze provisions of the Clean Air Act.
  18. Part 10, Sections 2, 3 and 6 - Sportfishing Regulations - adopted April 14, 2010; effective October 1, 2010. This rulemaking was necessary to revise regulations governing sportfishing and associated activities including use of bait fish.
  19. Parts 10, 11, 35, 36 and 40 - Sportfishing Regulations, More Than One Species, Licenses, Gear And Operation of Gear, and Marine Fish (American Shad) - effective March 17, 2010. This rulemaking was necessary to protect the Hudson River and Delaware River American shad stocks from further decline.
  20. Part 180, Section 3 - Definition of Firearms - effective March 17, 2010. This rulemaking was necessary to allow pellet rifles for some hunting.
  21. Part 196, Section 8 - Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve - effective March 10, 2010. This amendment protects the wilderness qualities of Forest Preserve areas classified as wilderness, primitive, canoe, and primitive bicycle corridor by restricting the use of motorized equipment in these areas.
  22. Part 196.4 Subdivisions (d) and (e) - Operation of mechanically propelled vessels and aircraft in the forest preserve - effective February 17, 2010. This rulemaking will allow for continued floatplane access by permit to Lows Lake for three years, with a "sunset" date of December 31, 2011. After that date, all public float plane access to Lows Lake will be prohibited.
  23. Part 40, Section 1 - Marine Fish - Open Seasons, Size and Catch Limits (Winter Flounder) - adopted February 10, 2010. This rulemaking was necessary to reduce the commercial and recreational harvest limits of winter flounder and stay in compliance with ASMFC management plans.
  24. Part 19, Part 35, Part 59, and Part 190 - Use of Bait, Fish for Bait, and Bait Fish; Licenses; State Boat Launching Sites, Fishing-Access Sites and Fishing Rights Areas; and Use of State Lands - adopted January 6, 2010. This rulemaking was necessary to increase opportunities for fishing at DEC boat launching sites, and increase opportunities and ease conditions for the use of bait.
  25. Part 43, Subpart 43-2 - Surf Clam/Ocean Quahog Fishery Management, Atlantic Ocean - adopted December 23, 2009. This rulemaking was necessary to adopt management measures necessary to ensure the long-term sustainability of the surfclam resource and fishery.
  26. Part 2, Section 30 - Migratory Game Birds - adopted December 2, 2009. This rulemaking was necessary to change migratory game bird hunting regulations to conform to federal regulations.
  27. Part 325, Section 7 - Pesticide Applicator Certification and Direct Supervision Requirements - adopted December 2, 2009. This consensus rulemaking was necessary to exempt persons authorized to apply 100% corn oil to bird eggs from pesticide applicator certification requirements.
  28. Part 6, Sections 1, 2 and 3 - More Than One Species - Trapping Regulations - adopted November 10, 2009. This rulemaking was necessary to set trapping seasons for beaver, river otter, mink, and muskrat; and to improve general trapping regulations.
  29. Part 1, Section 22 - Muzzleloading Firearm Deer Season - adopted October 21, 2009. This rulemaking was necessary to update muzzleloading regulations in the Northern Zone.
  30. Part 1, Section 20 - Deer Management Permits - Application and Issuance - adopted September 30, 2009. This rulemaking was necessary to amend procedures for the issuance and use of deer management permits.
  31. Part 215 - Open Fires, Part 191 - Forest Fire Prevention, and Part 621 - adopted September 30, 2009. The Department has revised 6NYCRR Parts 191, 215, and 621 effective October 14, 2009. The rule changes extend the previously existing ban on most open burning statewide.
  32. Part 235 - Consumer Products - adopted September 30, 2009. The Department revised the existing consumer products regulation to reduce the amount of Volatile Organic Compounds (VOCs) released into the atmosphere from Consumer Products.
  33. Part 252 - Environmental Performance Labels - adopted September 30, 2009. These regulations require environmental performance labels be affixed to new vehicles delivered for sale in New York. The regulation takes effect for 2010 and subsequent model year passenger vehicles and light-duty trucks up to 8,500 pounds gross vehicle weight rating.
  34. Part 328, Section 6 - Use Of Chemicals For The Control Or Extermination Of Undesirable Fish - emergency adoption: September 9, 2009; expired: December 7, 2009. This emergency rulemaking was necessary to allow the use of a higher dosage level of rotenone necessary to eradicate the Northern snakehead identified in Orange County.
  35. Part 79 - Public Use of that Portion of Lakeview Wildlife Management Area Designated as Natural Beach - adopted September 9, 2009. This rulemaking was necessary to regulate public use of the Lakeview and Black Pond Wildlife Management Areas.
  36. Part 673 - Dam Safety Regulations, Part 608- Use and Protection of Waters, and Part 621- Uniform Procedures - adopted July 29, 2009. Amendments to regulations pertaining to dam safety.
  37. Part 200, General Provisions as related to National Emission Standards for Hazardous Air Pollutants (NESHAP) - effective August 6, 2009. The Department adopted revisions to 6 NYCRR 200.9 and 200.10. These revisions update the incorporation by references to include the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations as they appear in the July 1, 2007 version of the Code of Federal Regulations and correct several typographical errors.
  38. Part 239, Portable Fuel Container Spillage Control - effective July 30, 2009. The Department revised 6 NYCRR Part 239, the Portable Fuel Container Spillage Control regulation. As part of this rulemaking, the Department amended Part 200 to update cross references in section 200.9, Referenced Material. The revisions will require portable fuel containers distributed in the State of New York, to comply with the requirements outlined in the federal portable fuel container rule, 40 CFR Part 59.
  39. Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles - effective July 30, 2009. 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.
  40. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder and Black Sea Bass) - effective July 22, 2009. This rulemaking is necessary to control the recreational harvest and possession of summer flounder and black sea bass consistent with Fisheries Management Plans.

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