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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 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder Fluke, Scup 'Porgy', Black Sea Bass) - This rulemaking is necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC and MAFMC. Comments will be accepted through July 28, 2013.
  2. Part 240, Transportation Conformity - The Department proposes to repeal 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 replace it with a new Part 240, and simultaneously revise Part 200, General Provisions. Comments will be accepted through June 13, 2013.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 2, Section 2.20, Part 6, Sections 6.2 and 6.4 - More Than One Species (Bobcat) - This rulemaking is necessary to make existing bobcat hunting and trapping seasons uniform and to establish new bobcat hunting and trapping season in the southern tier.
  2. Part 2, Section 2.30 - Migratory Game Birds (Snow Goose) - This rulemaking is necessary to revise regulations governing hunting of Snow Geese in New York.
  3. Part 44 - Lobsters and Crabs - This rulemaking is necessary to implement ASMFC American Lobster Fishery Management Plan Addendum XVII and remain in compliance with ASMFC.
  4. Part 173 - Falconry - This rulemaking is necessary to implement changes to New York State's falconry regulations.
  5. Part 180, Section 180.9 - Miscellaneous Regulations (Bighead Carp) - This rulemaking is necessary to repeal the current exemption for the sale of bighead carp.
  6. 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 - effective January 23, 2013 through April 22, 2013. This rulemaking is necessary to revise regulations governing hunting of Snow Geese in New York.
  2. Part 10, Section 10.2 - Sportfishing Regulations, Boundary Water Fishing Regulations (Salmon River) - effective September 13, 2012 through December 11, 2012. This rulemaking is necessary to prevent salmon mortality due to drought conditions and to improve returns to the Salmon River Hatchery to meet egg quota.
  3. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder Fluke, Scup 'Porgy', Black Sea Bass) - effective April 29, 2013 through July 27, 2013. This rulemaking is necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC and MAFMC.
  4. Part 44 - Lobsters and Crabs - effective January 31, 2013 through April 30, 2013. This rulemaking is necessary to implement ASMFC American Lobster Fishery Management Plan Addendum XVII and remain in compliance with ASMFC.
  5. Part 215 - Open Fires - effective July 13, 2012 through October 10, 2012. The Department amended 6 NYCRR Section 215.3(a) through an emergency rule to ensure public safety by expanding the high fire-risk burn ban period through October 10th.

Recently Adopted Regulations (Previous Twelve Months)

  1. 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.
  2. 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.
  3. Subpart 225-1 Fuel Composition and Use-Sulfur Limitations, and Part 200 General Provisions - adopted March 27, 2013; effective April 5, 2013. The Department adopted revisions to 6 NYCRR Subpart 225-1 to reduce the limits on the sulfur content of distillate oils and residual oils. Also, the Department is adopting revisions to 6 NYCRR Part 200 to incorporate references to federal rules.
  4. Part 201, Permits and Registrations - effective February 22, 2013. The Department adopted revisions to its existing air permitting program, Part 201, to further clarify its requirements and simplify their implementation.
  5. 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.
  6. Part 190.10 Unique Areas - effective February 20, 2013. This regulation will protect natural resources and the safety and welfare of those who engage in recreational activities on the Henderson Shores Unique Area.
  7. Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles - (Revised) - effective February 9, 2013. The Department has amended Part 248 to conform with recent court decisions and amendments to NY ECL Section 19-0323.
  8. Part 621 - Uniform Procedures - effective February 9, 2013. The Department is adopting revisions to Part 621 in order to make it more consistent with the concurrently proposed revisions to Part 201.
  9. Part 189 - Chronic Wasting Disease - adopted January 30, 2013. This rulemaking was necessary to prevent importation of chronic wasting disease infectious material from the State of Pennsylvania into New York.
  10. Part 326, Section 326.2(b)(4)(ii) - Registration and Classifications of Pesticides - adopted January 30, 2013. This rulemaking was necessary to allow the use of fluridone pellets in waters less than two feet deep to control hydrilla, an invasive plant.
  11. Part 155, Section 155.1 - Transporting Black Bass Raised in Private Hatcheries - adopted January 2, 2013 and effective January 2, 2013. This revised rulemaking was necessary to expand the sale of black bass for human consumption purposes.
  12. Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines and Part 252, Environmental Performance Labels - effective December 9, 2012. The Department revised Part 218 and repealed Part 252 to incorporate California's most recent amendments to its LEV program.
  13. Part 44, Sections 44.1 and 44.7 - Lobsters and Crabs - adopted November 21, 2012. This rulemaking was necessary to implement ASMFC American Lobster Fishery Management Plan Addendum XVII and remain in compliance with ASMFC.
  14. Part 590, Payment Of Expenses Upon Acquisition Of Real Property - effective November 14, 2012. This amendment to 6 NYCRR Part 590 has been made to comply with the Marriage Equality Act which requires changing terms such as "husband" to "person". Other words have been changed to reflect gender neutrality.
  15. Part 601 - Water Supply Applications (Exclusive Of Long Island Wells) and Part 621 Uniform Procedures - adopted November 9, 2012. This rulemaking harmonizes elements of the preexisting Part 601 with the water withdrawal bill (A.5318-A/ S.3798). Modifications to Part 621.4 were also included in this rulemaking for consistent use of terms and to include water withdrawal "initial permits" in the 'minor' project category.
  16. Parts 10, 11, 18, 19, 35, 36, and 40 - Sportfishing Regulations; More Than One Species; Taking Bait; Use of Bait, Fish for Bait, and Bait Fish; Licenses; Gear and Operation of Gear; and Marine Fish - adopted September 5, 2012. This rulemaking was necessary to restrict the current fishery in the Hudson River and all its tributaries and to close the fisheries in all other waters of New York State that have anadromous runs of river herring.
  17. Part 40, Section 40.1 - Marine Fish (Tautog) - adopted August 15, 2012 and effective August 15, 2012. This rulemaking was necessary to reduce harvest of tautog in order to remain in compliance with the ASMFC and allow for the overfished stock to recover.
  18. Part 41 - Sanitary Condition of Shellfish Lands - adopted August 8, 2012 and effective August 8, 2012. This rulemaking was necessary to reclassify underwater lands to prohibit the harvest of shellfish.
  19. Parts 10 and 35 - Sportfishing Regulations - adopted August 1, 2012 and effective October 1, 2012 . This rulemaking was necessary to revise sportfishing regulations and associated activities including snakeheads caught by angling and commercial bait collection.
  20. Part 40 - Marine Fish (Summer Flounder 'Fluke', Scup, Black Sea Bass) - effective August 1, 2012. This rulemaking was necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC and MAFMC.
  21. Parts 42, 48 and 49 - Sanitary Control Over Shellfish; Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life; and Shellfish Management - effective July 25, 2012. This rulemaking is necessary to authorize the sale and shipment of cultivated bay scallops and oysters of less than legal size for consumption and resale.
  22. Part 640 - Uniform Appearance Ticket - effective July 18, 2012. This rulemaking was necessary to repeal 6 NYCRR Part 640 "Uniform Appearance Ticket", which is obsolete.
  23. Part 251 - CO2 Performance Standards for Major Electric Generating Facilities - effective July 12, 2012. Part 251 establishes 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 existing electric generating facilities which increases capacity by at least 25 MW.
  24. Parts 1 and 4 - Single Species and Species Management Areas (White-tailed Deer and Black Bear) - effective July 11, 2012. This rulemaking was necessary to implement strategies of the recently adopted Management Plan for White-tailed Deer in New York State.
  25. Part 487 - Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10 - effective July 12, 2012. This rulemaking establishes a regulatory framework for undertaking an analysis of environmental justice (EJ) issues associated with the siting of power plants pursuant to Article 10 of the Public Service Law.
  26. Part 192.5 and 192.6 - Firewood Restrictions to Protect Forests from Invasive Species - effective July 3, 2012. This rulemaking was necessary to make revisions to the current regulation to clarify its intent.
  27. Part 482-2 - Operating Program Fees - effective June 27, 2012. 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).
  28. Part 193.3 - Protected Native Plants - effective May 23, 2012. This rulemaking was necessary to update the status of protected plants in New York State.

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