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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.

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 41, Section 41.3 - Sanitary Condition of Shellfish Lands - This rulemaking is necessary to reclassify underwater lands to prohibit the harvest of shellfish. Comments will be accepted through May 12, 2014.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 59, Section 59.4, Part 190, Section 190.24 - Aquatic Invasive Species Control at State Boat Launching and Fishing Access Sites - This rulemaking is necessary to prevent boats carrying visible invasive species from launching at DEC facilities or leaving these facilities.
  2. Part 180, Section 180.12 - Eurasian Boar - This rulemaking is necessary to prohibit the taking of Eurasian boars by hunting or trapping in order to support eradication efforts of USDA and DEC.
  3. Part 570, Liquefied Natural Gas - The Department proposed the addition of Part 570 to 6 NYCRR to establish a permitting program for the safe siting, construction, and operation of liquefied natural gas (LNG) facilities and transportation of LNG in New York State as required in Article 23, Title 17 of the Environmental Conservation Law.
  4. Part 575 Prohibited and Regulated Invasive Species - The purpose of this rulemaking is to 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.
  5. High-Volume Hydraulic Fracturing (HVHF): Parts 52 and 190: Lands and Forests, Fish, Wildlife and Marine Resources; Parts 550-556 and 560: Mineral Resources; Sub-parts 750-1 and 750-3: Water Resources - DEC filed a Notice of Continuation under the State Administrative Procedure Act that extends the rulemaking process for ninety days.

Emergency Regulatory Actions

  1. Part 2, Section 2.30 - Migratory Game Birds - expired April 22, 2013. This rulemaking was necessary to revise regulations governing hunting of Snow Geese in New York. size.

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 41, Sanitary Condition of Shellfish Lands - adopted January 29, 2014. This rulemaking was necessary to reclassify underwater lands to prohibit the harvest of shellfish.
  2. Part 242, CO2 Budget Trading Program - effective January 1, 2014. The Department has adopted the revisions to Part 242, CO2 Budget Trading Program and Part 200, General Provisions. The revisions to Part 242 implement the reduction in the CO2 emissions cap and other updates to the Regional Greenhouse Gas Initiative.
  3. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Atlantic Menhaden) - adopted October 16, 2013. This rulemaking was necessary to implement Amendment 2 of the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Menhaden Fishery Management Plan (FMP) to decrease harvest by 20 percent in order to end overfishing on the stock and remain in compliance with the plan.
  4. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder Fluke, Scup 'Porgy', Black Sea Bass) - adopted July 24, 2013. This rulemaking was necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC and MAFMC.
  5. Part 240 - Transportation Conformity - adopted September 4, 2013. The Department has adopted the repeal of existing Part 240, Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws and has replaced it with a new Part 240. The Department has also simultaneously revised Part 200 in relation to the new Part 240.
  6. Part 180, Section 180.9 - Miscellaneous Regulations (Bighead Carp) - adopted August 7, 2013. This rulemaking was necessary to repeal the current exemption for the sale of bighead carp.
  7. Part 173 - Falconry - effective July 17, 2013. This rulemaking was necessary to implement changes to New York State's falconry regulations.
  8. Part 482-2 - Operating Program Fees - effective June 26, 2013. 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).
  9. Part 2, Section 2.20, Part 6, Sections 6.2 and 6.4 - More Than One Species (Bobcat) - adopted June 12, 2013. This rulemaking was necessary to make existing bobcat hunting and trapping seasons uniform and to establish new bobcat hunting and trapping season in the southern tier.
  10. Part 2, Section 2.30 - Migratory Game Birds (Snow Goose) - adopted June 12, 2013. This rulemaking was necessary to revise regulations governing hunting of Snow Geese in New York.
  11. Part 44 - Lobsters and Crabs - adopted June 12, 2013. This rulemaking was necessary to implement ASMFC American Lobster Fishery Management Plan Addendum XVII and remain in compliance with ASMFC.
  12. Part 228 - Surface Coating Processes, Commercial and Industrial Adhesives, Sealants and Primers, Part 201 Permits and Registrations, and Part 200 General Provisions - effective June 5, 2013. The revisions to Subpart 228-1 incorporate requirements contained in recently issued EPA Control Technique Guidelines. The revisions proposed to Subpart 228-2 make clarifying and non-substantive changes.
  13. Parts 360 and 750 - Solid Waste Management Facilities; and General - amendments have been adopted to Part 360 (effective June 17, 2013) and Part 750 (effective May 8, 2013) relating to Concentrated Animal Feeding Operations (CAFO), land application and storage of food processing wastes and manure on CAFOs, and activities relating to anaerobic digestion facilities.
  14. Adopted Repeal of Part 203 - Indirect Sources of Air Contamination - effective May 19, 2013. The Department has adopted the repeal of Part 203, Indirect Sources of Air Contamination, and has simultaneously revised Parts 200, General Provisions, and Part 621, Uniform Procedures, to remove all references to Part 203.

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