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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 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. Comments will be accepted through December 30, 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 10, Sections 10.2, 10.3, 10.7 and 10.9 - Sportfishing (freshwater) and Associated Activities - This rulemaking is necessary to revise sportfishing regulations and associated activities.
  3. Part 40 - Marine Fish - Party and Charter Boats - This proposed rulemaking reinstates a provision in 6 NYCRR Section 40.1 that was inadvertently repealed in 2015.
  4. 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.
  5. Part 360 - Solid Waste Management Facilities - This proposed rulemaking is a comprehensive revision to existing regulations.
  6. 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.
  7. 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. The temporary emergency rule was effective April 25, 2016 and the third re-adoption allows the amendments to Part 597 to continue be effective as of November 14, 2016 for an additional 60 days. The proposed rule making related to the final rule is underway. The Part 597 amendments become permanent upon adoption by DEC and filing the Notice of Adoption with the New York State Department of State (DOS). Subsequent Notices of Emergency Adoption will be filed with DOS until the proposed rule making is completed.
  8. Part 830 - Lake Champlain Drainage Basin - This proposed rulemaking will upgrade the classifications of certain surface waters in the Lake Champlain drainage basin. These reclassifications are necessary in order to meet federal Clean Water Act goals for water quality.

Emergency Regulatory Actions

  1. Part 10, Sections 11-0303, 11-0305, 11-1301 and 11-1303 - Special fishing regulations for a portion of Esopus Creek - effective November 2, 2016. This rulemaking is necessary to reduce trout mortality due to drought conditions.
  2. Part 597 - Hazardous Substances Identification, Release Prohibition, and Release Reporting - third re-adoption, effective November 14, 2016. This emergency rule making classifies perfluorooctanoic acid, ammonium perfluorooctanoate, perfluorooctane sulfonic acid, and perfluorooctane sulfonate as hazardous substances. See above under 'Proposed Regulations Pending (Public Comment Period Closed)' regarding the Part 597 proposed rule making.

Recently Adopted Regulations (Previous Twelve Months)

  1. 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.
  2. 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).
  3. Part 40.1 - Marine Fish - The Management of Menhaden - adopted October 26, 2016. This rulemaking was necessary to add menhaden and the menhaden trip limit to Table B - Commercial Fishing of 6 NYCRR subdivision 40.1(i).
  4. Part 218 - Emission Standards for Motor Vehicles and Motor Vehicle Engines - effective October 19, 2016. DEC is adopting amendments to Part 218 and Section 200.9 to incorporate California's latest low emission vehicle (LEV III) and zero emission vehicle (ZEV) standards into New York's existing LEV program.
  5. Part 190, Section 190.35 - Peekamoose Valley Riparian Corridor - effective October 12, 2016. This rulemaking was necessary to protect public health, safety, and general welfare, as well as the natural resources on the Peekamoose Valley Riparian Corridor.
  6. Part 40 - Marine Fish - effective June 23, 2016; adopted September 21, 2016. This rule implements more restrictive fishing rules for recreational anglers targeting black sea bass.
  7. 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 - adopted September 14, 2016. This rulemaking was necessary to establish qualifications for License Issuing Agents and Wildlife Rehabilitators.
  8. Parts 1.11, 1.18 and 1.31, Sections 11-0303, 11-0903 and 11-0907 - Deer and Bear Hunting - effective August 3, 2016. This rulemaking was necessary to revise regulations governing deer hunting seasons, issuance and use of deer hunting tags, and hunting black bear.
  9. Part 43-2 - Atlantic Ocean Surfclam Management - This rulemaking is necessary to amend surfclam regulations to provide consistency with management measures of the Fishery Management Plan.
  10. Part 6 Sections 6.2 and 6.3 - Fisher Trapping Seasons and Bag Limits and General Trapping Regulations for Furbearers - effective July 20, 2016. This rulemaking was necessary to revise existing fisher seasons, establish a new season in central / western New York, update and clarify general trapping regulations.
  11. Part 375, Subparts 375-1 and 375-3 - Environmental Remediation Programs - effective August 12, 2016. The amendments to Part 375 define the terms 'affordable housing project' and 'underutilized,' which are part of the eligibility requirements for tangible property tax credits for brownfields in New York City. 'Brownfield site' definition is also amended in accordance with 2015 statutory changes.
  12. Part 190, Section 190.10-g - Unique Areas - effective July 13, 2016. The purpose of this regulation is to protect public safety and natural resources on the Croton Gorge Unique Area.
  13. Part 482-2 - Operating Permit Program Fee - effective June 22, 2016. 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.
  14. Part 40.1 - Management of Black Sea Bass - adopted June 22, 2016. This rulemaking was necessary to adopt regulations for the management of black sea bass.
  15. Part 576 - Aquatic Invasive Species Spread Prevention - effective May 25, 2016. This rulemaking will require that "reasonable precautions" are taken prior to placing watercraft into public waters to prevent the spread of aquatic invasive species.
  16. 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.
  17. 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.
  18. 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.
  19. 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.

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