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Regulatory Agenda

DEC January 2022 Regulatory Agenda, 3-Year Rule Review, and 5-Year Rule Review

Introduction

Each year, pursuant to SAPA, the Department publishes a Regulatory Agenda in the State Register and on its website. This is a listing of the regulations that may be proposed for adoption or amendment within that calendar year.

Division of Air Resources

6 NYCRR Part 200, "General Provisions." Section 200.1 will be amended to update the definition for volatile organic compound and the associated list of compounds that are not volatile organic compounds. This rulemaking would require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Carlos Mancilla, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3251. Telephone 518-402-8396. Email: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 200, "General Provisions." Section 200.10 will be amended to incorporate by reference the United States Environmental Protection Agency's Outer Continental Shelf Air Regulations, 40 Code of Federal Regulations Part 55. This rulemaking would require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Steve Yarrington, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 200, "General Provisions." Section 200.10 will be amended to update the list of federal air regulations for which the Department has incorporated by reference. This rulemaking would require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Steve Yarrington, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 206, "State Aid for General Air Pollution Control Work, New York City" is obsolete and will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Amanda Chudow, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 212, "Process Operations." This proposal will repeal Subpart 212-4, "Control of Nitrogen Oxides for Hot Mix Asphalt Production Plants" and create a new regulation, Subpart 220-3, "Hot Mix Asphalt Plants," to specifically address the emissions of particulate, carbon monoxide, sulfur dioxide, nitrogen oxides (NOx) and High Toxicity Air Contaminants (HTAC) such as formaldehyde, benzene and polycyclic aromatic hydrocarbons. The anticipated regulation will enact stricter requirements for new sources built after the applicability date while addressing emissions from existing facilities with requirements that are easily implemented, from Region to Region. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis and a Job Impact Analysis.
Contact: Steven DeSantis, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8402. E-mail:air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 217, "Motor Vehicles Emissions." This proposal will revise Subpart 217-5, Heavy Duty Inspection and Maintenance Program, to include updates to the annual Heavy Duty Diesel Vehicle (HDDV) inspection program. Revisions may include more stringent smoke opacity standards to better align with neighboring states, revisions to the hardship waivers, and alignment with NYS DMV regulation for integration within the proposed NYVIP3 inspection and maintenance program. These amendments would be effective November 30, 2022. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: James Symon, P.E., New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8292. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 218, "Revisions to Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines", and Section 200.9 (incorporation by reference) to incorporate the State of California's Heavy-duty Low NOx Omnibus regulation. Highlights of this proposed regulation may include lower NOx and PM emission standards on existing regulatory cycles as well as a new NOx standard on a new low load certification cycle (NOx standards would be cut to about 75 percent below current standards beginning in 2024 and 90 percent below current standards in 2027); warranty, useful life, and emissions warranty information and reporting improvements; strengthening the heavy-duty durability demonstration program; revisions to the emissions averaging, banking, and trading program improvements; and powertrain certification test procedures for heavy-duty hybrid vehicles. Adoption of these California regulations would maintain identicality for a given weight class in accordance with Section 177 of the federal Clean Air Act. These amendments will be effective starting with model year 2026, which begins as early as January 2, 2024. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: James Symon, P.E., New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8292. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 218, "Revisions to Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines," and Section 200.9 (incorporation by reference) to incorporate all or portions of the State of California's proposed Advanced Clean Fleets (ACF) regulation. This regulation under development in California includes medium and heavy-duty truck fleet purchase requirements for three categories of fleets: drayage, high priority & federal fleets, and public fleets. The regulation under development also includes a manufacturer 100% zero emission truck sales requirement beginning in 2040. California has constructed the regulation to potentially enable Section 177 states the option of selecting components of the ACF. These amendments effective starting with model year 2026, which begins as early as January 2, 2024. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: James Symon, P.E., New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8292. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 220: Revisions to Subpart 220-1, "Portland Cement Plants," will include minor changes to better align with federal regulations and reduce monitoring costs. Subpart 220-3, "Hot Mix Asphalt Plants," will be a new regulation, replacing Subpart 212-4, "Control of Nitrogen Oxides for Hot Mix Asphalt Production Plants" to reduce criteria and non-criteria pollutants from asphalt plants. Subpart 220-3 is intended to streamline compliance for this source category while requiring best available control technologies. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Mike Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail:air.regs@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Subpart 228-3, "Motor Vehicle and Mobile Equipment Repair and Refinishing" (MVMERR). MVMERR requirements will be moved from existing Subpart 228-1, "Surface Coating Facilities," into new Subpart 228-3. The volatile organic compound limits for MVMERR categories will be reduced as a result of this rulemaking. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Marie Barnes, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 250, "Miscellaneous Orders" is obsolete and will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Amanda Chudow, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 256, "Air Quality Classification Systems" is obsolete and will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Amanda Chudow, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Parts 260-317, "Albany County, Allegany County, Broome County, Cattaraugus County, Cayuga County, Chautauqua County, Chemung County, Columbia County, Cortland County, Delaware County, Dutchess County, Erie County, Essex County, Franklin County, Fulton County, Genesee County, Green County, Hamilton County, Herkimer County, Jefferson County, Lewis County, Livingston County, Madison County, Monroe County, Montgomery County, Nassau County, New York City, Niagara County, Oneida County, Onondaga County, Ontario County, Orange County, Orleans County, Oswego County, Otsego County, Putnam County, Rensselaer County, Rockland County, St. Lawrence County, Saratoga County, Schenectady County, Schoharie County, Schuyler County, Seneca County, Steuben County, Suffolk County, Sullivan County, Tioga County, Tompkins County, ulster County, Warren County, Washington County, Wayne County, Westchester County, Wyoming County, and Yates County," respectively under Subchapter C: "Air Quality Area Classifications," are obsolete and will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Amanda Chudow, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

Office of Climate Change

6 NYCRR Part 492, "Climate Smart Communities Projects". The Department will propose changes to Part 492, including those necessary to comply with statutory amendments to Environmental Conservation Law (ECL) Article 54, Title 15. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Suzanne Hagell, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1030. Telephone: 518-402-8448. E-mail: suzanne.hagell@dec.ny.gov. Please include the Part number when emailing.

Division of Environmental Permits

6 NYCRR Part 617, State Environmental Quality Review (SEQR). The Department proposes to add approvals of the Office of Renewal Energy Siting (ORES) to the list of Type II category, to conform with Environmental Conservation Law Article 8 (wherein the Legislature excluded such actions from SEQR); in addition, the Department may also make minor clarifications and corrections to the text of Part 617 and 617.20 appendices A and B (Full and Short Environmental Assessment Forms) as a result of its three-year review of SEQR. This rule making will require, among other things, a Regulatory Impact Statement, a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: James Eldred, Environmental Analyst, New York State Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9158. E-mail: deppermitting@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 621, Uniform Procedures Act (UPA). The Department's last major updates to 6 NYCRR Part 621, Uniform Procedure Act (UPA) regulations were in 2006. Since that time several statutes and regulations that rely on or utilize the procedures of Part 621 have been added (e.g., the Climate Leadership and Community Protection Act). The Department proposes to update the text of Part 621 to align with those changes, as well as to correct inaccurate references and clarify permitting procedures. This rule making will require, among other things, a Regulatory Impact Statement, a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: James Eldred, Environmental Analyst, New York State Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9158. E-mail: deppermitting@dec.ny.gov. Please include the Part number when emailing.

Division of Environmental Remediation

6 NYCRR Part 375, Environmental Remediation Programs. The existing regulation will be amended: (1) incorporate legislative mandates which modify the tax incentives offered under the brownfield cleanup program (BCP); (2) incorporate the provision introduced in that legislation that a property is not eligible for the program unless the site "requires remediation"; (3) incorporate needed changes, clarifications, and modifications to the regulations based on the experience developed during the first decade of implementing the BCP; and (4) incorporate soil cleanup objective changes, as needed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: William Ottaway, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Part 375' in the subject line when e-mailing.

6 NYCRR Part 610, Certification of Onshore Major Facilities. The existing regulation will be repealed and replaced to: (1) incorporate appropriate language from the New York State Department of Transportation regulations, 17 NYCRR Parts 30, 31 and 32, that pertains to the administration of the MOSF program, which has been solely handled by the Department since 1985; (2) repeal 17 NYCRR Parts 30, 31 and 32; (3) improve the consistency and clarity of language directing the administration of the MOSF program, which would make explicit in regulation the procedures for licensing MOSFs; and (4) enhance monitoring, maintenance, procedures, and equipment requirements to prevent leaks and spills. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Amiel Lagatic, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Part 610' in the subject line when e-mailing.

6 NYCRR Part 611, Environmental Priorities and Procedures in Petroleum Cleanup and Removal. The existing regulation will be repealed and replaced to incorporate requirements from Article 12 of the Navigation Law, which prohibits the discharge of petroleum and provides for cleanup and removal of any petroleum discharge. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Kevin Hale, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Part 611' in the subject line when e-mailing.

Division of Fish and Wildlife

6 NYCRR Part 1, Sections 1.11, 1.13, 1.18, 1.19, 1.20, 1.24, 1.27, and 1.30. Pertaining to deer hunting, the issuance and use of deer hunting tags, deer management focus areas, deer management permits, and deer management assistance program. Statutory Authority: Environmental Conservation Law Sections 11-0303, 11-0903, 11-0907. Existing regulations will be updated to implement portions of the newly adopted New York State Deer Management Plan including modifications to hunting seasons and tags to better align with deer population objectives in some parts of the state. This rule making will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis.
Contact: Jeremy Hurst, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 1, Section 1.40 Pertaining to hunting wild turkey. Statutory Authority: Environmental Conservation Law Sections 11-0303, 11-0903, 11-0907. The existing regulation will be updated to establish a spring wild turkey hunting season in Suffolk County. This rule making will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis.
Contact: Joshua Stiller, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Parts 2 and 6, Sections 2.2 and 6.2, Pertaining to hunting and trapping bobcats. Statutory Authority: Environmental Conservation Law, sections 3-0301,11-0303, 11-0917, 11-1101, 11-1103 and 11-1105. The existing regulation will be updated to establish a free, temporary special permit to hunt or trap bobcats in New York (in addition to the required hunting or trapping license). The special permit requirement will allow for biologists to collect information on participation and harvest pressure to assess the status of the bobcat population. This rule making will not require a Regulatory Flexibility Analysis for Small Business and Local Governments or a Rural Area Flexibility Analysis.
Contact: Mandy Watson, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Parts 10 and 19 - Various Fishing Regulations. The Department will propose regulatory language clean-up for the purposes of clarification or resolution of language conflicts. In addition, the Department will propose to make adjustments to lake and stream fishing regulations, clarify where ice fishing is permitted, align Greenwood Lake muskellunge/tiger muskellunge regulations with New Jersey, correct an inadvertent change to the Honeoye Lake walleye regulations by reverting the minimum size back to 18 inches, align the Lower Niagara rainbow trout/steelhead creel limit with the existing 2 fish limit on Lake Ontario, update baitfish prohibited waters, and remove Keuka Lake and Otsego Lake from the list of waters where the use of landlocked alewife for bait is permitted. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis.
Contact: Gregory Kozlowski, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8896. E-mail: gregory.kozlowski@dec.ny.gov

6 NYCRR Part 177, Sporting License Issuance and Use. Amend current regulations to update proof of qualifications for certain licenses to be consistent with updated procedures and potential changes necessary to issue sporting licenses as part of a statewide, shared services electronic licensing system that is currently under development. Also, amend current regulations concerning the description of what constitutes a license issued by DEC to allow for electronic sporting licenses to be carried and presented via electronic device(s). This amendment may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis.
Contact: Mary Bailey, New York State Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4750, Telephone: 518-402-8869. E-mail: mary.bailey@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 182, Endangered and threatened fish and wildlife. The existing regulation will be updated to implement the Endangered and Threatened Species Mitigation Bank Fund as required under the 2020 Accelerated Renewable Energy and Community Smart Growth Act and amend the list of endangered, threatened, and special concern species. Section 94-c of Article 6 of the Executive Law enables the Office of Renewable Energy Siting (ORES) to require payments to the endangered and threatened species mitigation bank fund when offsite mitigation is required to provide a net conservation benefit to species adversely impacted by major renewable energy projects issued siting permits by the ORES. Section 99-hh of the State Finance Law creates the endangered and threatened species mitigation bank fund and directs the Department to utilize the fund to facilitate a net conservation benefit to endangered and threatened species impacted by major renewable energy facilities. Section 11-0535-c of the ECL authorizes the Department to utilize such funds for the purposes of implementing an endangered and threatened species mitigation plan and to promulgate any regulations necessary to implement the provisions of this section.
Proposed revisions to the Department's endangered and threatened species regulations at 6 NYCRR Part 182 will establish the mitigation bank fund for the purpose of mitigating the take of an impacted species by a major renewable energy project. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Daniel Rosenblatt, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8884. E-mail: wildliferegs@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 189, Pertaining to Chronic Wasting Disease. Statutory Authority: Environmental Conservation Law, sections 03-0301, 11-0325 and 11-1905.The New York State Interagency Chronic Wasting Disease (CWD) Risk Minimization Plan was finalized in May 2018. To prevent the introduction of CWD into the state and protect New York's wild deer and moose from the persistent spread of this always-fatal disease, additional measures are being considered as described in the Risk Minimization Plan. This rule making will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis.
Contact: Jeremy Hurst, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: wildliferegs@dec.ny.gov. Please include the Part number when emailing.

Office of General Counsel

6 NYCRR Part 175, Special Licenses and Permits-Definitions and Uniform Procedures. Part 175 will be updated to reflect the re-establishment of the Division of Marine Resources and to include recently developed licenses and permits. It will be revised to add provisions relating to the suspension of processing and review of license and permit applications, furnishing of financial security for certain licenses and permits, and suspension of marine licenses and permits, and to clarify processes for the issuance, renewal, revocation and transfer of special and marine licenses and permits. This rulemaking will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Anne Haas, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1500. Telephone: 518-402-9530. Email: anne.haas@dec.ny.gov Please include the Part number when emailing.

Office of Hearings and Mediation Services

6 NYCRR Part 624, Permit Hearing Procedures. The Department proposes to amend procedures governing issues conferences and interim appeals to the Commissioner from issues rulings by the Administrative Law Judges, to clarify the procedures governing motion practice, to establish procedures governing trade secrets and other confidential information in adjudicatory hearings, to revise certain definitions and to make various typographical, technical and related corrections. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis.
Contact: Michael S. Caruso, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York 12233-1500. E-mail: michael.caruso@dec.ny.gov Please include the Part number when e-mailing.

Division of Lands and Forests

6 NYCRR Part 190, Use of State Lands, Hemlock-Canadice State Forest (Livingston-Ontario State Reforestation Area No.1). Amend existing section 190.26 by applying further restrictions on public use to protect the public water supply since Hemlock and Canadice lakes are a direct source of public water for the city of Rochester and other communities. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255,
Telephone: (518) 402-9428, E-mail: robert.messenger@dec.ny.gov

6 NYCRR Part 190, Use of State Lands, Rush Oak Openings State Forest. Amend Part 190 to include a new section, Rush Oak Openings State Forest. These regulations will protect the state forest by prohibiting certain activities. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428, E-mail: robert.messenger@dec.ny.gov

6 NYCRR Part 190, Use of State Lands. Amend Part 190 to include a new section,
St. Regis Canoe Area. These regulations will protect the natural resources in the
St. Regis Canoe Area from overuse by applying restrictions to group size, camping, campfires and other activities. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Peter J. Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 190, Use of State Lands, Amend Part 190 to include a new section, Forest Preserve Health and Safety Land Account and Utility Lines/Bicycle Paths. These regulations, authorized by amendments to Article XIV of the New York State Constitution, establish a "land account" for forest preserve land that can be used for certain types of public health and safety projects and for burial of utility lines in road corridors crossing forest preserve lands as well as allowing bicycle trails in these corridors. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518,
E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 190, Use of State Lands. Amend Part 190 to include a new section, Neversink River Riparian Corridor, Sundown Wild Forest to protect public safety and natural resources. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 193, Trees and Plants. Amend section 193.3, Protected Native Plants by updating the lists of endangered, threatened, rare, and exploitably vulnerable plants to reflect changes in population status that have occurred since the last update in 2012. Scientific names will also be updated to reflect current taxonomic nomenclature. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Jason Denham, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 402-9436, E-mail: jason.denham@dec.ny.gov

6 NYCRR Part 193, Trees and Plants. Amend sections 193.4, Definitions, 193.5, Collection, Sale and Conservation of American Ginseng in New York, 193.6, Certification of Ginseng, and 193.7 Ginseng Dealers. The purpose of the proposed regulation is to allow for the harvest and sale of "wild simulated" ginseng. In addition,
consider adding a license requirement for legal ginseng harvest and changing the minimum plant age for the legal harvest of wild ginseng. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis may be prepared.
Contact: Jason Denham, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 402-9436, E-mail: jason.denham@dec.ny.gov

6 NYCRR Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will address public use on Wilderness Areas in the High Peaks Complex to ensure natural resource protection and public safety while providing a positive user experience. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend section 196.7, Operation of Bicycles in the Adirondack and Catskill Forest Preserve. These regulations will update this section, including the existing list of forest preserve areas where bicycles are prohibited. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend section 196.8, Operation of Motorized Equipment in Wilderness, Primitive, Primitive Bicycle Corridor and Canoe Areas within the Adirondack and Catskill Forest Preserve. These regulations will update this section, including establishing a list where motorized equipment is prohibited on existing forest preserve units and newly classified forest preserve units. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: peter.frank@dec.ny.gov

6 NYCRR Part 199, Taxation of Forest Land. Amend the existing regulations to update them and provide effective administration of the program by lessening the administrative burden on participants and provide clarity for addressing issues and situations that arise due to changing circumstances associated with private forest land ownership. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428,
E-mail: robert.messenger@dec.ny.gov

6 NYCRR Part 575, Prohibited and Regulated Invasive Species. Amend sections 575.3, Prohibited Invasive Species and 575.4, Regulated Invasive Species to update these lists. The purpose of this Part is to establish procedures to identify and classify invasive species and to establish a permit system to restrict the sale, purchase, possession, propagation, introduction, importation, and transport of invasive species in New York, as part of the Department of Environmental Conservation's statewide invasive species management program, as required by ECL sections 9-1709 and 71-0703. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Justin Perry, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 402-9436,
E-mail: justin.perry@dec.ny.gov

6 NYCRR Part 592, Procedure for Modification or Extinguishment of a Conservation Easement held by the NYS Department of Environmental Conservation. Amend section 592.3 to clarify language regarding a net conservation benefit to the state. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.
Contact: Jim Sessions, New York State Department of Environmental Conservation,
625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518,
E-mail: jim.sessions@dec.ny.gov

Division of Marine Resources

6 NYCRR Part 10, Sportfishing Regulations. The Department is proposing amendments that pertain to the management of diadromous fish, including striped bass in the Hudson River and tributaries north of the George Washington Bridge, to maintain compliance with the interstate fishery management plan developed by the Atlantic States Marine Fisheries Commission. Proposed amendments could include changes to the season, minimum size limit, possession limit and the manner of take. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 123 Kings Park Blvd., Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov. Please reference 6 NYCRR Part 10 when emailing.

6 NYCRR Part 11, More than One Species. The Department is proposing amendments that pertain to the management of diadromous fishes, including American eel, for taking, possessing, sale, or trafficking in the Harlem or East Rivers and the Hudson River. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. These amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources,123 Kings Park Blvd., Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov. Please reference 6 NYCRR Part 11 when emailing.

6 NYCRR Part 18, Taking Bait. The Department is proposing amendments that pertain to the management of diadromous fishes to take as bait for sportfishing through the use of fishing devices. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. These amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources,123 Kings Park Blvd., Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov. Please reference 6 NYCRR Part 18 when emailing.

6 NYCRR Part 35, Licenses. The Department proposes to establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. The Department also proposes to reduce the number of types of licenses issued and to increase the fees charged for certain licenses. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources,123 Kings Park Blvd, Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov. Please reference 6 NYCRR Part 35 when emailing.

6 NYCRR Part 36, Gear and Operation of Gear. The Department is proposing amendments that pertain to the management of diadromous fishes in the Hudson and Delaware Rivers and are needed to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC) or as directed in the Federal Sustainable Fisheries Act for such species. The amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources,123 Kings Park Blvd., Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov. Please reference 6 NYCRR Part 36 when emailing.

6 NYCRR Part 40, Marine Fish. The Department proposes to amend regulations pertaining to the management of marine and diadromous fishes, including striped bass, to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), or with the requirements of Environmental Conservation Law, or pursuant to the Federal Sustainable Fisheries Act for such species. Proposed amendments will also provide compliance with National Marine Fisheries Service requirements and other federal laws. The Department proposes to amend the regulations to define what methods are allowed for recreational anglers to take fish, including requirements related to the use of circle hooks. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters; and to create a definition for proof of residency and establish requirements for providing such proof of residency when obtaining marine license and permits. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters who also hold federal harvesting licenses. The amendment would require federal license holders to advise the Department if they are required to report to any federal agencies. In addition, the amendment would clarify reporting requirements specific to federal Highly Migratory Species (HMS) permits. The Department proposes to amend reporting requirements for Food Fish and Crustacea Dealers and Shippers license holders to more clearly detail information that must be included on purchase reports. The Department proposes to amend reporting requirements for Marine and Coastal District Party and Charter Boat License holders to require weekly reporting. The Department proposes to amend the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits and make changes to striped bass commercial fishing permit reissuance and striped bass commercial permit tag provisions. New regulations would be proposed to make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. The Department proposes to adopt regulations to establish a commercial eel permit with reporting requirements statewide, and to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession and sale is covered statewide. The Department proposes to amend commercial fishing regulations for American eel to establish quota-based fishing limits and closures. The Department proposes to adopt regulations which will require the use of bait bags when fishing with eel pots. The Department proposes to change the open season for striped bass commercial fishing. The Department proposes to adopt changes to the shipping, labeling and packing requirements to require harvester's fishing vessel trip report numbers on labels for quota managed species and adopt regulations to clarify provision for records retention by food fish shippers and dealers. The Department proposes amendments to establish seasonal area gear closures and gear modifications to decrease bycatch of Atlantic sturgeon. The Department proposes to adopt gear and manner of take restrictions for the shore-based shark fishery to discourage fishing on prohibited shark species. The Department also proposes to adopt handling requirements for recreational shark anglers to maximize the chances of survival of sharks being released. The Department proposes additional regulations that ensure New York State commercial and recreational fishermen remain in compliance with NOAA shark fishery requirements. The Department proposes amendments to establish rules pertaining to commercial tautog tag issuance, allocation, and accountability. The Department also proposes regulations governing the application of tags, the sale and possession of tagged and untagged fish, and reporting/record keeping requirements for harvesters and dealers as it pertains to tagged tautog. The Department proposes rules to implement gillnet and pot gear restrictions, marking requirements and other measures to comply with the federal Marine Mammal Protection Act. The Department proposes to adopt regulations that implement a northern puffer fish minimum size limit, possession limit and/or open season for recreational and/or commercial fisheries. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0430. E-mail: john.maniscalco@dec.ny.gov. Please reference 6 NYCRR Part 40 when emailing.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, the Department will propose to amend regulations that specify the classification (certified or uncertified) of shellfish lands. These amendments are necessary to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified or closed to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified (open) for the taking of shellfish. The Department also proposes that shellfish lands that have not been subject to a sanitary survey conducted within the previous ten (10) years be designated as uncertified. Shellfish are defined in law as oysters, scallops, and all kinds of clams and mussels. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: Matt Richards, New York State Department of Environmental Conservation, Division of Marine Resources,123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0491. E-mail: matt.richards@dec.ny.gov. Please reference 6 NYCRR Part 41 when emailing.

6 NYCRR Part 42, Sanitary Control Over Shellfish. The Department proposes to amend regulations pertaining to the sanitary, record keeping, and reporting requirements and to require Vibrio control plans and introduce educational requirements, as necessary, to protect public health and allow for the modification of any conditions placed on permit activities after the permit has been issued for shellfish harvesters and shippers needed to comply with the guidelines of the National Shellfish Sanitation Program (NSSP), the federal regulations regarding interstate shipment of shellfish, and the Environmental Conservation Law. The proposed regulations will modify the descriptions of allowable activities under each category of shellfish shipper permits and the harvester permit consistent with the NSSP and the Environmental Conservation Law and amend and clarify descriptions of shellfish harvest areas to clearly delineate geographical sites where shellfish are harvested. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: Debra Barnes, New York State Department of Environmental Conservation, Division of Marine Resources,123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0477. E-mail:debra.barns@dec.ny.gov. Please reference 6 NYCRR Part 42 when emailing.

6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. The Department proposes to amend regulations pertaining to the management of surfclams and ocean quahogs that are consistent with the provisions of fishery management plans adopted by the Department and allow for the orderly implementation of any changes to the Environmental Conservation Law for the surfclam fishery. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: Chelsea Miller, New York State Department of Environmental Conservation, Division of Marine Resources,123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-449-9037. E-mail: chelsea.miller@dec.ny.gov. Please reference 6 NYCRR Part 43 when emailing.

6 NYCRR Part 44, Lobsters and Crabs. The Department proposes to amend regulations pertaining to the management of lobsters, decapod crabs, and horseshoe crabs to maintain the health of such species and to prevent the introduction of exotic species. These proposed regulations would comply with fishery management plans developed by the Atlantic State Marine Fisheries Commission (ASMFC) for these species and with requirements of the Environmental Conservation Law. The proposed regulations would include general provisions consistent with those found in Part 40. The proposed amendments would establish rules on crab dredging including possible open crab dredge seasons and areas, establish crab pot and trot line limits, revise blue crab size limits, and establish a special permit for non-commercial blue crab harvest and reporting requirements. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters to be consistent with the requirements in Part 40. The Department proposes to amend reporting requirements for Food Fish and Crustacea Dealers and Shippers license holders to more clearly detail information that must be included on purchase reports.

The Department proposes to adopt regulations to implement the new ASMFC Interstate Fishery Management Plan for Jonah Crab which would include a special permit, bycatch limit, gear and/or effort controls and other management measures based on details of the plan. The Department proposes to clarify current language and remove unnecessary regulations. Horseshoe crab regulations will be proposed to allow more control over the harvest and storage of horseshoe crabs. Rules will be developed to better manage the horseshoe crab biomedical harvest and biomedical users. Rules would also be developed to prohibit the importation, possession and use of Asian horseshoe crabs. ASMFC will be developing an Addendum to the lobster management plan to scale the size of the Southern New England lobster fishery to the size of the resource and to respond to the continued depletion of the stock. In addition, ASMFC is developing an Addendum to collect better harvest location data for lobster and Jonah Crab fisheries. The Department would propose lobster regulations based on the details of these Addenda. The Department would propose rules to prohibit the liberation of non-local crustaceans into New York's marine district. Rules would be developed to modify lobster trap tag allocations in order to implement trap transferability program. The Department proposes to develop rules to implement lobster gear restrictions, marking requirements and other measures to comply with the federal Marine Mammal Protection Act. The Department will also develop rules to establish a minimum age for the non-commercial lobster license. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: Kim McKown, New York State Department of Environmental Conservation, Division of Marine Resources, Finfish and Crustaceans Section, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0454. E-mail: kim.mckown@dec.ny.gov. Please reference 6 NYCRR Part 44 when emailing.

6 NYCRR Part 45, Transplanting of Shellfish. The Department proposes to amend regulations pertaining to the transplanting of shellfish that are necessary for the protection of the public health, compliance with federal guidelines, and minimum requirements from the National Shellfish Sanitation Program (NSSP) Model Ordinance (MO). The proposed regulations would amend requirements for permits, transplanting of shellfish, periods of transplanting, relay area certification, and establish requirements for recordkeeping and reporting. The proposed regulations would also establish requirements for water quality, shellfish testing, and bacterial reduction (cleansing) studies. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis.
Contact: Wade Carden, New York State Department of Environmental Conservation, Division of Marine Resources,123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0481. E-mail: wade.carden@dec.ny.gov. Please reference 6 NYCRR Part 45 when emailing.

6 NYCRR Part 47, Certification of Shellfish Lands. The Department proposes technical amendments that would update definitions to match those in 6 NYCRR Part 42 and to remove the word "uncertified" where it appears in two subparagraphs that specify the water quality criteria overlying certified shellfish lands. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis.
Contact: Matt Richards, New York State Department of Environmental Conservation, Division of Marine Resources, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0491. E-mail: matt.richards@dec.ny.gov. Please reference 6 NYCRR Part 47 when emailing.

6 NYCRR Part 48, Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life. The Department proposes to amend regulations pertaining to the sale of cultured food fish and other cultured food products for consumption or resale. The proposed regulations would amend requirements for marking and identification of cultivation products in commercial markets, requirements for permits, and record keeping and reporting requirements. The Department proposes to amend regulations pertaining to application standards and requirements for issuance of marine hatchery and on- and/or off-bottom culture permits. This amendment is necessary to ensure that these standards and requirements are consistent with guidelines of the National Shellfish Sanitation Program (NSSP) Model Ordinance (MO), including the applicant's submission of a written operational plan that considers all activities which may pose a significant public health concern, including, but not limited to, shellfish seed production in waters classified as uncertified, aquaculture structures that attract birds or mammals, and aquaculture husbandry practices. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis.
Contact: Jennifer O'Dwyer, New York State Department of Environmental Conservation, Division of Marine Resources, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0489. E-mail: jennifer.odwyer@dec.ny.gov. Please reference 6 NYCRR Part 48 when emailing.

6 NYCRR Part 49, Shellfish Management. The Department proposes to adopt regulations for the management of hard clams, soft or steamer clams and razor clams. The management measures include provisions for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, record keeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. The Department proposes to amend regulations pertaining to the possession of oysters of less than legal size which is needed to ensure enforceability and compliance with the minimum size requirements for harvest of wild (natural) oysters in the marine district. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis.
Contact: Debra Barnes, New York State Department of Environmental Conservation, Division of Marine Resources,123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0477. E-mail: debra.barnes@dec.ny.gov. Please reference 6 NYCRR Part 49 when emailing.

6 NYCRR Part 50, Miscellaneous Marine Species. The Department proposes to adopt new regulations for the protection and management of various other marine species. The immediate need is for the adoption of regulations for the protection and management of whelks (also known as conch, Busycon and Busycotypus spp). These regulations would include size limits, specifications for marking and placement of whelk fishing gear, gear size, baiting and tending rules, bycatch possession rules, trap limits and other regulations necessary to manage the whelk fishery. The Department proposes to amend reporting and record keeping requirements for State license holders to be consistent with the requirements in Part 40. The Department proposes to amend reporting requirements for Food Fish and Crustacea Dealers and Shippers license holders to more clearly detail information that must be included on purchase reports. The Department proposes to adopt regulations which would require the use of bait bags when fishing with whelk traps. The Department also proposes to adopt regulations detailing marine mammal and sea turtle viewing restrictions including minimum distance, speed restrictions and prohibition on feeding. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: Kim McKown, New York State Department of Environmental Conservation, Division of Marine Resources, 123 Kings Park Blvd. , Kings Park, NY 11754. Telephone: 631-444-0454. E-mail: kim.mckown@dec.ny.gov. Please reference 6 NYCRR Part 50 when emailing.

Division of Materials Management

6 NYCRR Part 321, Pesticides in Grape Vineyards, Chautauqua County, Northern Townships, Part 322 Pesticides in Grape Vineyards, Niagara County, Part 323 Pesticides In Grape Vineyards, Chautauqua County, Southern Townships, Part 324 Pesticides In Grape Vineyards, Erie County, and Part 325 Application of Pesticides will be repealed and replaced with new Parts 321-325. This rulemaking will include comprehensive reorganization and revisions to the current rule to update the current pesticide use regulations, including the use of pesticides classified by the USEPA as exempt from the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act. These pesticides are commonly known as 25(b) or minimum risk pesticides. This rulemaking will also incorporate federal certification and training regulations contained in 40 CFR Part 171 and the provisions currently in Part 326 Registration and Classification of Pesticides related to the sale of restricted use pesticides. In addition, Part 326 will be revised to address the registration of minimum risk pesticides. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Anthony Lamanno, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: Pestregs@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 325 Rules and Regulations Relating to the Application of Pesticides will be amended to add Section 42 establishing requirements for the use of glyphosate by State departments, agencies, public benefit corporations, or any pesticide applicator hired as a contractor or subcontractor on state property. This rulemaking is required by an amendment of the New York State Environmental Conservation Law. Furthermore, this rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Anthony Lamanno, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: pesticidecompliance@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 327, Use of Chemicals for the Control or Elimination of Aquatic Vegetation. Part 327 will be amended to incorporate relevant provisions of Part 328 (Use of Chemicals for the Control or Elimination of Undesirable Fish) and Part 329 (Use of Chemicals for the Control or Elimination of Aquatic Insects) and to reflect the current statutory requirements of Section 15-0313 of the Environmental Conservation Law. 6 NYCRR Part 328 and 6 NYCRR Part 329 will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Mark Sloan, New York State Department of Environmental Conservation, 1130 North Westcott Road, Schenectady, NY 12306. Telephone: 518-357-2045. E-mail: aqpestregs@dec.ny.gov. Please include the Part number when e-mailing.
A new Part 352 will be added that will include subparts related to the regulation of chemicals. The following subparts are proposed.

6 NYCRR Subpart 352-1 1,4-Dioxane Limits for Household Cleansing, Personal Care, and Cosmetic Products. A new law establishes limits on the amount of 1,4-dioxane that can be present in household cleansing (Article 35), personal care and cosmetic (Article 37) products sold in New York State and establishes a penalty for noncompliance with the requirements added to Article 37 (Article 71). The limitations take effect on January 1, 2023 and January 1, 2024, but manufacturers may apply for a one-year waiver and one-year extension. The amendments to Articles 35 and 37 authorize the Department to promulgate any regulations deemed necessary to implement such provisions and the addition of Article 71 extends the penalty to violations of any rules and regulations promulgated by the Department. The proposed rulemaking will add a new 6 NYCRR Part 352 subpart 352-1 Product Ingredient Disclosure and Limits which will contain the regulations that implement the 1,4-dioxane limits for household cleansing, personal care, and cosmetic products, as well as any other future similar laws around ingredient disclosure or restrictions. This rulemaking will include definitions, details of the waiver process, details of the process to review and amend the stated thresholds for 1,4-dioxane, and methods for verifying if a product is in compliance. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Emily Dominiak, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. E-mail: 1-4D.HCPCCproducts@dec.ny.gov. Please include 'Subpart 352-1' in the subject line when e-mailing.

6 NYCRR Subpart 352-2 Toxic Chemicals in Children's Products. On April 1, 2020, the Legislature adopted chapter amendments to a new law, codified at Title 9 of Article 37 of the ECL, regulating toxic chemicals in children's products. The law requires manufacturers of children's products to report the presence of any chemical of concern (COC), as identified by the DEC, and high priority chemical (HPC), as identified in the law or by DEC, to the DEC by March 1, 2023. The law includes various DEC responsibilities, including a requirement to promulgate regulations that contain a list of chemicals of concern by March 1, 2022. DEC must consult with the Department of Health in determining which chemicals should initially be identified as COCs and then periodically thereafter to determine if chemicals should be added or removed from the list of COCs or HPCs. This new rulemaking will add a new proposed Subpart 352-2 Toxic Chemicals in Children's Products and will include: definitions, a list of COCs, a list of HPCs, the method and frequency of reporting, information that must be included in manufacturer reports, and fees associated with submitting a report or waiver to the DEC. The proposed regulation will also require information that must be included in the notice that manufacturers provide to those who sell or distribute their products within the State about the presence of HPCs in a product, information that must be included in the statement of compliance that manufacturers must provide to DEC upon request, and the frequency and process for periodically reviewing the COC and HPC lists with DOH. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Emily Dominiak, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. E-mail: TCCPprogram@dec.ny.gov. Please include 'Subpart 352-2' in the subject line when e-mailing.

6 NYCRR Part 360, Solid Waste Series Revisions. The rulemaking will amend the Part 360 Solid Waste Management Facilities Series Regulations that went into effect on November 4, 2017. The rulemaking will include adjustments to Parts 360, 361, 362, 363, 364, 365, 366 and 369 and Part 371 and include implementation of statutory requirements, enhanced construction requirements at landfills, clarifications regarding construction and demolition (C&D) debris processing facilities and beneficial use of C&D debris, and revisions that will ease unnecessary regulatory burdens while continuing to protect human health and the environment. Among other changes, the rulemaking enhances environmental protection by improving gas collection, liner construction, and landfill separation from schools and residences. The rulemaking will simplify the requirements for waste transport of inert C&D debris, adjust beneficial use requirements for brine for road spreading, and adjust requirements for use of waste tires used at farms to secure tarpaulins, to reduce unnecessary costs to farmers. The revisions will allow the continued operation of facilities that were registered landfills prior to November 4, 2017 for the receipt of tree debris, concrete, asphalt, brick, and uncontaminated soil and rock resulting from land clearing, utility line maintenance and season or storm-related cleanups until entitled capacity is achieved. The rulemaking will implement requirements of state legislation to ensure protection of groundwater at composting facilities and mulch processing facilities located in Nassau and Suffolk Counties, and restrict the types of facilities allowed to operate inside of a mine within these two counties. The rulemaking implements a state law by including amendments to Part 371 to remove a provision in which certain solid wastes are excluded from the definition of hazardous wastes. The rulemaking will facilitate collection and recycling of unused consumer paint. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Richard Clarkson, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7260. Telephone: 518-402-8678. Email: SolidWasteRegulations@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 367, Returnable Beverage Containers. This rulemaking will incorporate revisions to the statute that specifically changed and, in some cases, change the Part 367 regulations that were promulgated in 1983; reflect changes in the way the industry and the regulated community now comply with these regulations; and include changes that will lead to improved compliance and enforcement. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Jennifer Kruman, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8706. E-mail: nybottle@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Parts 370, 371, 372, 373, 374 and 376, Hazardous Waste Management Regulations ('FedReg6'). This rulemaking will incorporate, as appropriate, federal rules that were adopted between July 31, 2013 and the present, which include regulations governing recycling of hazardous materials; electronic manifest requirements; reorganization and updates to regulations pertaining to hazardous waste generators; management of hazardous waste pharmaceuticals; and may include regulations addressing the management of vehicle air bags and aerosol cans, and updates to ignitability testing methods. This rulemaking may also include state-initiated changes related to classification of permit modifications, secondary containment requirements for liquid hazardous waste, used oil management, and management of paint waste and waste solar panels. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Michelle Ching, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-8651. E-mail: hwregs@dec.ny.gov. Please include 'FedReg6' in the subject line when e-mailing.

6 NYCRR Parts 370, 371 and 374 Addition of Aerosol Cans and Paint to the Universal Waste Rule. The proposed rulemaking amends 6 NYCRR Subpart 374-3: Universal Waste Rule and related sections of 6 NYCRR Parts 370, 371, 373 and 376 of the hazardous management regulations. Paint and aerosol cans are proposed to be added to the state universal waste rule and management standards specific to paint waste and to aerosol cans are proposed including labeling, accumulation time limits, personnel training, transportation requirements, and specific standards for accumulation and consolidation at collection sites. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Alison Egbon, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-8651. E-mail: hwregs@dec.ny.gov. Please include 'Subpart 374-3 Aerosol Cans and Paint Universal Waste Rule' in the subject line when e-mailing.

6 NYCRR Part 381, Transporters of Low-Level Radioactive Waste. This rulemaking will adopt applicable requirements of the federal Nuclear Regulatory Commission (NRC) regulations. These changes are needed to conform with (NRC) regulation revisions from 2012 through 2017. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Daniel Evans, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7256. Telephone: 518-402-8652. E-mail: Regs.Radiation@dec.ny.gov. Please include 'Part 381' in the subject line when e-mailing.

6 NYCRR Part 483, Hazardous Waste Program Fees. This rulemaking will amend Part 483 to incorporate statutory changes made to the Hazardous Waste Program Fees in Environmental Conservation Law section 72-0402. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Tom Killeen, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7256. Telephone: 518-402-8651. E-mail: hwregs@dec.ny.gov. Please include 'Part 483' in the subject line when e-mailing.

6 NYCRR Part 384, Cleanup Criteria for Remediation of Sites Contaminated with Radioactive Material. This rule is being developed to adopt applicable sections of the federal Nuclear Regulatory Commission's (NRC) License Termination Rule (LTR), which establishes cleanup criteria for radiologically contaminated sites, and the Timeliness of Decommissioning Rule, which outlines necessary steps for the planning and implementing of site cleanups. Program staff are coordinating adoption of these rules with the New York State Department of Health and the New York City Department of Health and Mental Hygiene to ensure compatibility, as they must also adopt applicable sections of these federal rules. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Daniel Evans, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7256. Telephone: 518-402-8652. E-mail: Regs.Radiation@dec.ny.gov. Please include 'Part 384' in the subject line when e-mailing.

6 NYCRR Part 659, Household Cleansing Product Information Disclosure Requirements. The Department is considering revisions to 6 NYCRR Part 659 to clarify the information manufacturers should provide pursuant to Article 35 and the method by which the information should be provided. Part 659 implements Article 35, which, in part, authorizes the Department to promulgate regulations to require manufacturers of household cleansing products to disclose information regarding such products in a form prescribed by the commissioner. Amendments to the rule will include the addition of applicable definitions, and the addition of provisions which will provide direction on specific information to be disclosed, direction on withholding information deemed confidential, and direction on web posting requirements by which manufacturers should disclose information to ensure that it is easy to find, machine readable, and accessible to all. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Emily Dominiak, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. E-mail: productdisclosure@dec.ny.gov. Please include 'Part 659' in the subject line when e-mailing.

Division of Mineral Resources

6 NYCRR Parts 420, 421, 423, and 425. The Department is proposing to amend 6 NYCRR Parts 420 to 425 to: (1) clarify ambiguous sections; (2) strengthen portions of the regulations; (3) reflect changes in the regulatory fee structure and civil penalties; and (4) reflect changes in scientific knowledge. Amendments to these regulations would be done as one package. The Department is proposing to repeal and replace Part 422 to update requirements regarding the Mined Land-Use Plan.

6 NYCRR Part 420, General. Amend current regulations to expand the definitions to include words used to describe abandonment, technical terms associated with blasting, bluestone, and other terms to ensure consistency with the Mined Land Reclamation Law. Also add regulatory provisions to clarify what projects will be considered construction projects under the Mined Land Reclamation Law.

6 NYCRR Part 421, Permits. Amend current regulations to: (1) add language requiring a mining termination notice to be filed if a complete renewal application is not received within 30 days of the expiration of the permit; (2) add a section codifying the criteria for determining if an excavation is exempt from requiring a mining permit; (3) update the annual regulatory fee schedule to be consistent with the current rates; and (4) restore the alterations and modifications section for proposed changes that are ministerial in nature.

6 NYCRR Part 422, Mined Land-Use Plan. Repeal and replace Part 422 of the current regulations to: (1) revise the language for mined land-use plan requirements; (2) add an expanded section describing the required elements for the graphic portion of the mined land-use plan; and (3) add expanded sections addressing dust control, noise control, visual pollution, water resource protection, sediment and erosion control, and blasting.

6 NYCRR Part 423, Reclamation Bond. Amend current regulations to replace the word bond with financial security throughout the section to reflect the variety of financial instruments that may satisfy the need for financial assurance for reclamation.

6 NYCRR Part 425, Civil Penalties. Amend current regulations to change civil penalties amounts to reflect changes made to ECL §71-1307(1) subsequent to the last revisions to the regulations.
This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Matthew Podniesinski, New York State Department of Environmental Conservation, Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, NY 12233-6500. Telephone: 518-402-8076. E-mail: matthew.podniesinski@dec.ny.gov Please include the Part number when emailing.

Division of Water

6 NYCRR Part 502 - Floodplain Management Criteria for State Projects. Revisions would update language to comply with enabling legislation and would update criteria to comply with changes in Federal Emergency Management Agency regulations and New York State Building Code. Part 502 was last updated in 1984. Revisions would include updated definitions, clarifying floodway encroachment requirements, changing lowest floor elevation requirements to reflect the Building Code of New York State, and clarifying the variance application and decision process. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Kenneth Kosinski, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3504. Telephone 518-402-8110. E-mail: kenneth.kosinski@dec.ny.gov

6 NYCRR Part 505 - Coastal Erosion Management. Part 505 of 6 NYCRR was last amended in March 1988. Revisions would include clarifying definitions, adding new defined terms, and clarifying language regarding regulated activities in natural protective features areas. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Kenneth Kosinski, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3504. Telephone: 518-402-8110. E-mail: kenneth.kosinski@dec.ny.gov

6 NYCRR Part 601 - Water Withdrawal. Revisions are needed to clarify permit exemptions; add new defined terms; clarify language regarding regulated activities; and remove outdated references to Initial Permits. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Diane English, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3508. Telephone: 518-402-8195. E-mail: diane.english@dec.ny.gov

6 NYCRR Part 602 - Long Island Agricultural Water Wells. Revisions are needed to reflect that the permit exemption for agricultural water wells on Long Island was eliminated in 1992 by the introduction of paragraph 7 of ECL section 15-1527; provide an exemption for temporary dewatering wells, remedial wells, and closed loop geothermal systems consistent with Part 601; and remove a regulatory gap for small public water supplies. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Diane English, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3508. Telephone: 518-402-8195. E-mail: diane.english@dec.ny.gov

6 NYCRR Parts 609, and 700 - 706 Water Quality Standards (Triennial Review Rulemakings). Revisions would add/revise ambient water quality standards, standard-setting procedures, implementation procedures, and other regulatory provisions. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Alexander Smith, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-8287. E-mail: alexander.smith@dec.ny.gov

6 NYCRR Part 750 - State Pollutant Discharge Elimination System (SPDES) Permits. Revisions are necessary to incorporate new federal criteria and standards. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Carol Lamb-LaFay, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-8111. E-mail: carol.lamb-lafay@dec.ny.gov

6 NYCRR Parts 858, 885, 890, 891, 935 - New York City Waters Reclassification. Revisions would reclassify surface waters as needed to provide water quality protection consistent with designated best usages, as well as the Clean Water Act (CWA) Section 101(a)(2) goals. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments.
Contact: Alexander Smith, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-8287. E-mail: alexander.smith@dec.ny.gov

6 NYCRR Part 910 - St. Lawrence River Drainage Basin. Revisions would reclassify surface waters as needed to provide water quality protection consistent with designated best usages, as well as the Clean Water Act (CWA) Section 101(a)(2) goals. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Alexander Smith, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-8287. E-mail: alexander.smith@dec.ny.gov

DEC 3 Year Rule Review - January 2022

Division of Air Resources

6 NYCRR Part 205, "Architectural and Industrial Maintenance (AIM) Coatings." Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105. Part 205 was amended to reduce the VOC limits on 12 coating categories, to create VOC limits for 12 additional coating categories, and to eliminate 15 coating categories. No amendments are planned at this time.

6 NYCRR Part 208, "Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills." Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19,0302, 19-0303, 19-0305, 71-2103, 71-2105. Part 208 was revised to incorporate the new federal Emission Guideline (EG) for MSW Landfills codified under 40 CFR Part 60, Subpart Cf. The new federal EG is designed to reduce emissions of landfill gas containing non-methane organic compounds and methane by lowering the emission threshold at which a landfill must install and operate a gas collection and control system. No further amendments are planned at this time.

6 NYCRR Part 218, "Emission Standards for Motor Vehicles and Motor Vehicle Engines." Statutory authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-19-0305, 19-1101, 19-1103, 19-1105, 71-2103, and 71-2105, and Federal Clean Air Act Section 177. Part 218 was updated to incorporate California's revisions to its greenhouse gas (GHG) standards, which clarified the deemed to comply provision for model years 2021-2025. The deemed to comply provision allowed vehicle manufacturers to demonstrate compliance with federal GHG standards in lieu of California's more stringent standards. The deemed to comply provision was revised in response to the U.S. Environmental Protection Agency's freeze and roll back of existing GHG standards for model years 2021-2025. Revisions to Part 218 are being considered to incorporate California regulations, potentially including its heavy-duty omnibus low NOx, phase II greenhouse gas, and advanced clean fleets (ACF) regulations.

6 NYCRR Part 226, "Solvent Cleaning Processes and Industrial Cleaning Solvents." Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105. Part 226 was revised to help fulfill state and federal legislative objectives by imposing Reasonably Available Control Technology on solvent cleaning processes and industrial cleaning solvents in the source categories identified in the latest federal Control Technology Guidelines, thereby further reducing New York's Volatile Organic Compound emissions from solvent cleaning processes and industrial cleaning solvents, reducing harmful ground-level ozone pollution, and allowing the State to attain the National Ambient Air Quality Standard for ozone. No amendments are planned at this time.

6 NYCRR Subpart 227-3, "Ozone Season Oxides of Nitrogen (NOx) Emission Limits for Simple Cycle and Regenerative Combustion Turbines." Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103, and 71-2105. Part 227-3 was adopted to lower the allowable NOx emission rates from simple cycle and regenerative combustion turbines during the ozone season. The lower emissions from these sources will help address Clean Air Act requirements, ozone nonattainment and protect the health of New York State residents. No amendments are planned at this time.

6 NYCRR Part 243, "CSAPR NOx Ozone Season Group 2 Trading Program," Part 244, "CSAPR NOx Annual Trading Program," and Part 245, "CSAPR SO2 Group 1 Trading Program." Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 71-2103 and 71-2105. Parts 243, 244 and 245 were adopted as a State Implementation Plan revision to allocate emission allowances under the United States Environmental Protection Agency's Cross-State Air Pollution Rule (CSAPR) to regulated entities in New York as well as to the New York State Energy Research and Development Authority. No amendments are planned at this time.

6 NYCRR Part 251, "CO2 Performance Standards for Major Electric Generating Facilities." Statutory authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, and 19-0305. Part 251 was amended to establish carbon dioxide (CO2) emissions standards for non-modified existing fossil fuel fired major electric generating facilities, while leaving unchanged the existing CO2 emission standards for new and modified major electric generating facilities. Facilities needed to comply with the emissions standards by December 31, 2020. No amendments are planned at this time.

6 NYCRR Part 257, "Air Quality Standards." Statutory authority: Environmental Conservation Law, §§ 1-0101, 1-0303, 3-0301, 15, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105. Part 257 lists the New York State Air Quality Standards (SAQS) promulgated by the Department over several decades. These standards were revised in 2019 to achieve parity with federal standards and support the Department's mission to preserve and protect air quality. No amendments are planned at this time.
Contact: Richard McAuley, Regulatory Coordinator for the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8438. E-mail: air.regs@dec.ny.gov

Division of Environmental Permits

6 NYCRR Part 617, State Environmental Quality Review Act. Statutory authority: Environmental Conservation Law Sections 3-0301(1)(b), 3- 0301(2)(m) and 8-0113. In June of 2018 the Department adopted amendments to the SEQR regulations with the intent to streamline and improve the SEQR process. The Department expects to amend Part 617 to add a new Type II category for approvals granted by the Office of Renewable Energy Siting, which would implement that statutory exclusion for ORES's approvals in ECL Article 8, In addition, the Department expects to also make minor changes to the text of Part 617 and 617.20, appendices A and B (Full and Short Environmental Assessment Forms).
Contact: James Eldred, Environmental Analyst, New York State Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9158. E-mail: deppermitting@dec.ny.gov.

Division of Fish and Wildlife

6 NYCRR 151, 153, 170, 174 and 182, Pertaining to Omnibus changes
Statutory authority: Environmental Conservation Law, sections 11-0511, 11-0512, 11-0535, 11-0535a, 11-0536, 11-1728, 11-1901, 11-1903, 11-1905, and 11-1907
These changes were adopted to bring regulations current with statutory changes and to improve efficiency as part of the Governor's Lean program initiative. No amendments are planned at this time.

6 NYCRR Parts 186 and 189, Pertaining to the feeding of wild deer and moose, use of 4-PosterTM devices. Statutory authority: Environmental Conservation Law, sections 3-0301(1)(b), (c), 11-0303(2) and 11-0325(1). The addition of Part 186 and amendment of Part 189 were necessary to prohibit feeding of wild deer and moose and to define conditions for use of 4-PosterTM devices. Existing regulations at that time did not adequately address the need for general prohibitions on the feeding of wild white-tailed deer and moose. Intentionally feeding deer and moose can artificially increase populations and cause behavioral changes, leading to harmful effects on wildlife, habitats, and people. In addition, a clear regulatory regime was needed to govern the use of automated feeding devices used to administer 4-PosterTM Tickicide and limit the associated negative impacts that deer feeding causes. Prohibiting feeding was an important strategy for reducing risks associated with communicable wildlife diseases, including CWD, and limiting impacts of overabundant deer that result from supplemental feeding. No amendments are planned at this time.

6 NYCRR Part 189, Pertaining to Chronic Wasting Disease. Statutory Authority: Environmental Conservation Law, sections 03-0301, 11-0325 and 11-1905.The New York State Interagency Chronic Wasting Disease (CWD) Risk Minimization Plan was finalized in May 2018. To implement portions of that plan, regulations were adopted in 2019 to keep infectious material and animals out of the state, to clarify the definition of CWD-susceptible species, and to allow DEC Environmental Conservation Officers to better enforce CWD regulations of both DEC and the Department of Agriculture and Markets (DAM), which is essential as DAM does not have the same law enforcement capabilities as DEC. CWD is an untreatable, always-fatal disease of deer and moose and these amendments continue to be critical components of a disease prevention program. Further amendments to this regulation are being considered to strengthen protections against the spread of CWD in to and through New York.
Contact: Ashley Ferrusi, Regulatory Coordinator for the Division of Fish and Wildlife, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4750. Telephone: (518) 402-8924. E-mail: ashley.ferrusi@dec.ny.gov

Division of Marine Resources

6 NYCRR Part 44, Lobsters and Crabs. Statutory authority: Environmental Conservation Law, Section 13-0331. Part 44 was amended to implement measures for Jonah Crab management, including size limits; harvest options; bycatch limits; and gear definitions. This rule was necessary for New York to comply with the provisions of the Atlantic States Marine Fisheries Commission (ASMFC) Jonah Crab Fisheries Management Plan. Amendments to Part 44 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.
6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 11-0303, 13-0339, 13-0347. Part 40 was amended to lengthen the commercial striped bass fishing season. This rule was necessary to allow striped bass commercial harvesters time to more fully utilize the allocation assigned to New York by the ASMFC. Amendments to Part 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 13-0105, 13-0339, and 13-0340. Part 40 was amended to lengthen the fishing season for recreational scup, and to increase scup possession limits for licensed party and charter boat anglers. This rule was necessary to provide more recreational fishing opportunities, and to avoid creating an economic disadvantage for New York State recreational fishing related businesses compared to those in neighboring states. Amendments to Part 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory authority: Environmental Conservation Law, sections 11-0303, 13-0307 and 13-0319. Part 41 was amended to reclassify underwater shellfish lands to protect public health. The amendments designated as uncertified (closed to shellfish harvest), either year-round or seasonally, shellfish growing areas in the Towns of Hempstead, Southampton, East Hampton, Huntington, Smithtown, Riverhead, Southold, and Shelter Island; designated as certified (open to shellfish harvest) a growing area in the Town of Brookhaven; and clarified closure descriptions in Queens County and in the Towns of Hempstead, Oyster Bay, Babylon, Southampton, and Southold. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause illness in those individuals who consume them. Bacteriological water quality testing is an ongoing task; shellfish growing areas will be classified as necessary based on the results of the water quality studies. Amendments to Part 41 will be proposed as needed.
Contact: Carol Hoffman, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0476. E-mail: carol.hoffman@dec.ny.gov.

Division of Water

Revised provisions of Parts 700, 703, and 890 of Title 6 of the New York Codes of Rules and Regulations.

Statutory Authority: ECL: 17-0301

The revised Parts 700, 703, and 890 regulations adopted new water quality standards to meet the requirements of the Federal Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000 (P.L. 106-284). The revisions also included adoption of upgrades to the classification of two waterbodies to conform with the implementation of the BEACH Act. No amendments are currently being considered.
Contact: Michelle Tompkins, Regulatory Coordinator for the Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8221. E-mail: michelle.tompkins@dec.ny.gov.

DEC 5 Year Rule Review - January 2022

Office of Climate Change

6 NYCRR Part 490, "Projected Sea-level Rise." Statutory Authority: Environmental Conservation Law (ECL), Section 3-0319. Part 490 establishes projections of sea-level rise for relevant geographic regions of New York over various time intervals and was adopted in 2017. The Department will propose updates to Part 490 in 2022 as required by ECL Section 3-0319 per the Community Risk and Resiliency Act.
Contact: Suzanne Hagell, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1030. Telephone: 518-402-8448. E-mail: suzanne.hagell@dec.ny.gov. Please include the Part number when emailing.

Division of Environmental Remediation

6 NYCRR Part 597, "Hazardous Substances Identification, Release Prohibition, and Release Reporting." Statutory Authority: Environmental Conservation Law Sections 37-0101 through 37-0111. The February 22, 2017 rulemaking added perfluorooctanoic acid (PFOA-acid, CAS No. 335-67-1), ammonium perfluorooctanoate (PFOA-salt, CAS No. 3825-26-1), perfluorooctane sulfonic acid (PFOS-acid, CAS No. 1763-23-1), and perfluorooctane sulfonate (PFOS-salt, CAS No. 2795-39-3) to the list of hazardous substances; allowed continued use of firefighting foam that may contain PFOA or PFOS to fight fires (but not for training or any other purposes) on or before April 25, 2017 even if such use may result in the release of a reportable quantity (RQ), which is otherwise prohibited; and corrected the list of hazardous substances by providing units for RQs. This rulemaking and associated regulations will be repealed and replaced by a subsequent rulemaking for 6NYCRR Part 598 which is in the public comment period until December 6, 2021. No further action is anticipated at this time.
Contact: Jennifer Dawson, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7012. Telephone: 518-402-9764. E-mail: derweb@dec.ny.gov

Division of Fish and Wildlife

6 NYCRR, Part 2 and 6, Sections 2.2 and 6.2, Pertaining to hunting and trapping bobcats. Statutory Authority: Environmental Conservation Law, sections 3-0301,11-0303, 11-0917, 11-1101, 11-1103 and 11-1105. This amendment revised bobcat hunting and trapping regulations to remove the requirement for a free special permit to hunt or trap bobcats in select Wildlife Management Units in central and western New York. The special permit requirement allowed biologists to collect information on participation and harvest pressure to assess the status of the bobcat population. An amendment to collect additional data from hunters and trappers to better assess the bobcat population trends is being considered for 2022.

6 NYCRR, Part 3, Sections 3.1 and 3.2, Pertaining to harvest of diamondback terrapin. Statutory authority: Environmental Conservation Law, sections 11-0303,11-0311, 11-0903 and 11-0905. This amendment repealed Section 3.1 and amended Section 3.2 to close the open season for diamondback terrapin. Declines in terrapin populations across its range have caused concerns for the loss of adult terrapins including losses to legal harvest. As terrapin populations are still at risk for overexploitation, a closed season is still warranted, and no amendments are planned at this time.

6 NYCRR, Part 10, Pertaining to sportfishing (freshwater) and associated activities. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-1316 and 11-1319. Part 10 was amended to revise sportfishing regulations, including changes to season size limits and daily limits for the taking of sportfish and addressed activities/issues associated with sporting fishing. Several of the 2017 amendments are being considered for reverting to statewide regulation or aligning with other special regulations as part of a comprehensive review of sportfishing regulations. See 6 NYCRR Parts 10 and 19 - Various Fishing Regulations in the Regulatory Agenda

6 NYCRR, Parts 69 and 101, Pertaining to repeal of regional hunting regulations. Statutory authority: Environmental Conservation Law, sections 11-0303, 11-0321 and 11-2101. This amendment was needed to update language in Title 6 NYCRR Parts 69 and 101 as they were outdated and were replaced with an updated statewide regulation that was adopted on May 11, 2016, by the State Office of Parks, Recreation and Historic Preservation (OPRHP). The rule repealed outdated sets of regional hunting regulations. No amendments are planned at this time.

6 NYCRR, Part 180, Pertaining to free sport fishing days. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0303 and 11-0305. Part 180 was updated to add the following designated free sport fishing days: the weekend immediately preceding Presidents Day in the month of February, the fourth Saturday in the month of September, and the official United States public holiday known as Veterans Day observed on November 11. The regulations as written are without issue and no amendments are planned at this time.
Contact: Ashley Ferrusi, Regulatory Coordinator for the Division of Fish and Wildlife, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4750. Telephone: (518) 402-8924. E-mail: ashley.ferrusi@dec.ny.gov

Division of Land and Forest

6 NYCRR Section 190.37, Lower Salmon River State Forest, Statutory authority:
Environmental Conservation Law sections 1-0101(3)(b), 3-0301(1), 3-0301(1)(b),
3-0301(2)(m), 3-0301(2)(v), 9-0105(1) and 9-0105(3). This regulation was adopted to
protect public safety and natural resources on the Lower Salmon River State Forest. No amendments to this regulation are planned since implementation has been satisfactory.
Contact: Linda Kashdan-Schrom, Regulatory Coordinator for the Division of Lands and Forests, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4250. Telephone: 518-402-9417. Email: linda.kashdan-schrom@dec.ny.gov

Division of Marine Resources

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, sections 11-0303, 13-0105, 13-0336, 13-0339, and 13-0347. Part 40 was amended to allow filleting of striped bass aboard party and charter boats. This rule was necessary to restore the provision in the regulations and to allow this practice to continue. Amendments to Part 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.
Contact: Carol Hoffman, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0476. E-mail: carol.hoffman@dec.ny.gov.

Division of Materials Management

6 NYCRR Part 360, Solid Waste Series. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 8-0113, Titles 3, 5, 7 and 8 of Article 17, 19-0301,19-0303,19-0306, Title 23 of Article 23, Titles 1, 3, 5, 7, 9, 10, 13, 15, 18, 21, 23, 25, 26, 27, 29 of Article 27, 27-1901, 27-1903, 27-1911, 54-0103, Titles 5 and 7 of Article 54, Title 1 of Article 70, 71-2201, Titles 27, 35,40 and 44 of Article 71, and 72-0502.The November 4, 2017 rulemaking was a comprehensive revision and reorganization of the State's solid waste management regulations to reflect changes in the law, technology, and institutional experience since the previous regulations were published. The department is planning amendments to implement statutory changes, improve environmental protection, and reduce burdens on the regulated community. See the Division of Materials Management section of the 2022 regulatory agenda for additional details on the planned amendments.
Contact: Rebecca Vaughan, Regulatory Coordinator for the Division of Material Management, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7250. Telephone: 518-402-8678. E-mail: rebecca.vaughan@dec.ny.gov

Division of Water

Revised provisions of Part 830 of Title 6 of the New York Codes of Rules and Regulations.

Statutory Authority: ECL: 3-0301; 15-0313; 17-0301

The revised Part 830 regulations reclassified surface waters in the Lake Champlain drainage basin to provide required updates to water quality protections consistent with designated best usages, and Clean Water Act (CWA) Section 101(a)(2) goals. No amendments are currently being considered.
Contact: Michelle Tompkins, Regulatory Coordinator for the Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8221. E-mail: michelle.tompkins@dec.ny.gov.

This review was compiled, edited, and submitted by:
Richard McAuley
Agency Regulatory Coordinator
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
Telephone: 518-402-9185
E-mail: Richard.McAuley@dec.ny.gov

last updated 1.6.22