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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.

Proposals Currently Available for Public Comment

  1. Part 40 - Marine Fish (Tautog) - This rulemaking is necessary to reduce harvest of tautog in order to remain in compliance with the ASMFC and allow for the overfished stock to recover. Comments will be accepted through March 5, 2012.
  2. Part 193.3 - Protected Native Plants - This rulemaking is necessary to update the status of protected plants in New York State. Comments will be accepted through March 3, 2012.
  3. Part 251 - CO2 Performance Standards for Major Electric Generating Facilities - The Department proposes to adopt a new 6 NYCRR Part 251, and revisions to 6 NYCRR Part 200, General Provisions. The proposed Part 251 will establish carbon dioxide (CO2) emission standards for new major electric generating facilities (defined as facilities that have a generating capacity of at least 25 megawatts (MW)), and for increases in capacity of at least 25 MW at existing electric generating facilities. The revisions to Part 200 incorporate references to federal rules. Comments will be accepted through 5:00 p.m., March 15, 2012.
  4. Part 487 - Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10 - The proposed rulemaking will add new regulations to analyzing environmental justice issues associated with the construction and operation of power plants sited under Article 10 of the Public Service Law. Comments will be accepted through 5:00 p.m., March 15, 2012.
  5. Part 601 - Water Supply Applications (Exclusive Of Long Island Wells) and Part 621 Uniform Procedures - The proposed rulemaking seeks to harmonize elements of the existing Part 601 with the water withdrawal bill (A.5318-A/ S.3798). Modifications to Part 621.4 are also included in this rulemaking for consistent use of terms and to include water withdrawal "initial permits" in the 'minor' project category. Comments will be accepted through 5:00 p.m., February 6, 2012.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 41, Sanitary Condition of Shellfish Lands - This rulemaking is necessary to reclassify underwater lands to prohibit the harvest of shellfish.
  2. 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 - The proposed rulemaking will modify the Department's existing regulations and promulgate new regulations related to the use of HVHF to facilitate production of natural gas from wells permitted by the Department. Also included in the proposed rules are updates to the Department's oil and gas and State Pollutant Discharge Elimination System regulations.
  3. Part 219 - Incinerators - The Department proposed to adopt a new Subpart 219-9; by incorporating by reference Federal regulation 40 CFR Part 60, Subpart MMMM "Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration (SSI) Units" into Part 200.
  4. Part 248 - Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles - The Department proposed to revise Part 248, by amending definitions and the compliance schedule, and by adding a useful life waiver provision.

Emergency Regulatory Actions

  1. Part 40 - Marine Fish (Tautog) - effective December 30, 2011. This rulemaking is necessary to reduce harvest of tautog in order to remain in compliance with the ASMFC and allow for the overfished stock to recover.
  2. Part 41 - Sanitary Condition of Shellfish Lands (Nicoll Bay and Cutchogue Harbor) - effective February 6, 2012. This rulemaking is necessary to reclassify underwater lands to prohibit the harvest of shellfish.

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 189, Sections 189.3 - Chronic Wasting Disease - effective January 11, 2012. This rulemaking was necessary to prevent importation of chronic wasting disease infectious material from the State of Maryland into New York.
  2. Part 190.32 - Otter Creek Trail System Assembly Area - effective December 28, 2011. This rulemaking will control public use on the Otter Creek Trail System Assembly Area, protecting natural resources and public safety.
  3. Part 2, Sections 2.25 - Hunting Upland Game Birds (Youth Pheasant Hunting) - effective October 26, 2011. This rulemaking was necessary to establish a youth pheasant hunting season on Long Island prior to the start of the regular pheasant season.
  4. Part 196.5 - Operation of Mechanically Propelled Vessels on Certain Bodies of Water - adopted October 19, 2011, effective January 1, 2012. The revisions to this regulation will prohibit the use of all motors except electric motors on Thirteenth Lake only.
  5. Part 200 - General Provisions - effective October 15, 2011. The Department has adopted revisions to 6 NYCRR Part 200 to update two tables of National Emission Standards for Hazardous Air Pollutants in 6 NYCRR section 200.10; a reference to Subpart A has been added to Table 3 and the table now cites the 2007 Code of Federal Regulations and Table 4 now cites the 2009 Code of Federal Regulations.
  6. Part 231 - New Source Review (NSR) for New and Modified Facilities, Part 201 Permits and Registrations, and Part 200 General Provisions - effective October 15, 2011. The Department has adopted revisions to Parts 231, 201, and 200 to incorporate greenhouse gas provisions from EPA's June 3, 2010 rule, add to existing PM-2.5 provisions as a result of EPA's May 16, 2008 and October 20, 2010 rules, and correct existing typographical errors.
  7. Part 40, Marine Fish and Part 44, Lobsters and Crabs - effective August 24, 2011. This rulemaking was necessary to update the reporting requirements for commercial fishermen, party/charter vessel businesses and food fish & crustacean dealers.
  8. Part 2, Sections 2.3 and 2.4 - More Than One Species and Part 170, Section 170.6 - Miscellaneous Licenses (Hunting with Crossbows) - effective August 24, 2011. This rulemaking was necessary to authorize use of a crossbow during certain big game hunting seasons, and to eliminate the modified archer permit.
  9. Part 50, Section 50.1 - Miscellaneous Marine Species (Whelk, Conch) - effective August 17, 2011. This rulemaking was necessary to adopt a new 6 NYCRR Part 50, Section 50.1 Miscellaneous Marine Species, to establish the Commissioner's authority to halt the harvesting of carnivorous gastropods in areas where elevated levels of marine biotoxins have been detected in shellfish.
  10. Part 40 - Marine Fish (Black Sea Bass) - effective August 10, 2011. This rulemaking was necessary to remain in compliance with the Interstate Fishery Management Plan (FMP) for black sea bass as adopted by the Atlantic States Marine Fisheries Commission (ASMFC), which allows recreational anglers to achieve the harvest level provided by the 2011 quota, yet prevent anglers from exceeding the assigned black sea bass quota.
  11. Part 1.31 - Hunting Black Bear - effective August 3, 2011. This rulemaking was necessary to expand the areas open for bear hunting and establish a uniform bear hunting season in New York's Southern Zone.
  12. Part 40 -Marine Fish (Summer Flounder or Fluke) - effective July 27, 2011. This rulemaking will maximize recreational angler opportunities for summer flounder while staying in compliance with the ASMFC and MAFMC.
  13. Part 702 - Derivation and Use Standards and Guidance Values - effective July 7, 2011. The revisions correct a long-standing technical error in Section 702.17, "Variances to effluent limitations based on standards and guidance values."
  14. Part 649 - New York State Water Pollution Control Revolving Fund Regulations - effective July 6, 2011. This 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.
  15. Parts 10, 19, 35, and 188 - Sportfishing Regulations; Use of Bait, Fish for Bait, and Bait Fish; Licenses; and Fish Health Inspection Requirements - effective June 29, 2011. This rulemaking was necessary to provide some allowances for the transportation of uncertified bait fish by anglers, and adjust the baitfish "green" list.
  16. Part 41 - Sanitary Condition of Shellfish Lands (Towns of North Hempstead and Oyster Bay) - effective June 1, 2011. This rulemaking was necessary to reclassify shellfish lands to allow the harvest of shellfish throughout the year.
  17. Part 620 - Procedures For Issuance Of Summary Abatement Orders - effective April 27, 2011. The most significant changes to Part 620 were made to sections 620.2(b) and 620.3(b). The amendments detail the documents supporting a summary abatement order and clarify the respondent's burden of proof at the hearing.
  18. Part 41 - Sanitary Condition of Shellfish Lands (Towns of Southold, Southampton, Riverhead, Brookhaven and Oyster Bay) - effective March 16, 2011. This rulemaking was necessary to reclassify shellfish lands to allow the harvest of shellfish during all or part of the year.
  19. Part 1, Section 1.40 - Hunting Wild Turkey - effective February 16, 2011. This rulemaking was necessary to establish a spring youth turkey hunting season on Long Island that coincides with the youth turkey hunt in upstate NY.
  20. Part 190.26 - Hemlock-Canadice State Forest (Livingston-Ontario State Reforestation Area #1) - effective February 9, 2011. This rulemaking was necessary to provide continuous and consistent protection to Hemlock and Canadice Lakes.

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