Regulatory Agenda

DEC January 2023 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: Mike Sheehan, 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 update the list of federal air regulations 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 203, "Oil and Natural Gas Sector" will be amended to ensure additional emission reductions for Methane and associated VOCs (Volatile Organic Compounds) in the oil and natural gas sector in the State of New York. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Christopher Cook, 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6 NYCRR Part 206, "State Aid for General Air Pollution Control Work, New York City" is obsolete and will be repealed.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 Bonville, 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 streamline compliance and enact stricter emissions control equipment requirements for new sources built after the applicability date, while also addressing emissions from existing facilities with installation of similar controls on a scheduled reduction plan based upon facility size. 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: Mike Miliani, New York State 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 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: Scott Wajda-Griffin, 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. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Scott Wajda-Griffin, 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 Standard 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.. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Jeff Marshall, 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 particulate emission and nitrogen oxide monitoring and reporting regulations, which will reduce State 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, New York State 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 229, "Petroleum and Volatile Organic Liquid Storage and Transfer." This proposal will include amendments to address volatile organic compound emissions from petroleum bulk storage terminals during certain tank transfer and cleaning procedures. Division of Air Resources will also consider other amendments to the rule as appropriate. This rulemaking will require a Rural Area Flexibility Analysis and Regulatory Flexibility Analysis for Small Business and Local Governments.
Contact: Drew Hoffert, New York State 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 Part 231, "New Source Review for New and Modified Facilities." This proposal will include amendments to require provisions for facilities located in areas designated as nonattainment for sulfur dioxide (SO2). Additionally, Division of Air Resources proposes to amend the definitions of "nonattainment area" at 200.1(av) and "major stationary source or major source or major facility" at 201-2.1(b)(21). Division of Air Resources may also consider revising the requirement to commence construction in 231-3.7, which may necessitate consideration of an analogous provision in 201-1.15.
Contact: Steve Yarrington, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. 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 Bonville, 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 251, "CO2 Performance Standards for Major Electric Generating Facilities." Part 251 will be revised to reduce emissions from fossil fuel-fired generating units to the maximum extent practicable to achieve the requirements of the Climate Leadership and Community Protection Act while maintaining system reliability. This rulemaking would require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Michael Sheehan, 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 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 Bonville, 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 Bonville, 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 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 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.

6 NYCRR Part 495, "Sulfur Hexafluoride Standards and Reporting." Statutory Authority: Environmental Conservation Law (ECL), Section 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105, 75-0101, 75-0107, 75-0109. This rulemaking will satisfy recommendations from the Climate Action Council Scoping Plan regarding electricity transmission and distribution equipment. This rulemaking 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 5-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.

Division of Environmental Remediation

6 NYCRR Parts 597 and 598, Chemical Bulk Storage Regulations. The existing regulation will be amended to: (1) address future physical climate risk (e.g., sea-level rise, storm surges, flooding, etc.) especially as they pertain to the design, installation, operation, maintenance, and periodic inspection/testing/monitoring of CBS tanks at new or existing facilities; and (2) resolve any discrepancies between certain requirements, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Frank Bondi, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Parts 597 and 598' 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, by reflecting language from the updated Part 613 and any pertinent federal regulations. 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.

6 NYCRR Part 613, Petroleum Bulk Storage Regulations. The existing regulation will be amended to: (1) address future physical climate risk (e.g., sea-level rise, storm surges, flooding, etc.) especially as they pertain to the design, installation, operation, maintenance, monitoring, testing, and inspection of PBS tanks at new or existing facilities; (2) incorporate additions to the NYS Environmental Conservation Law; and (3) resolve any discrepancies between certain requirements, where applicable. This rule making 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, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov Please include 'Part 613' 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 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 Part 10, pertaining to Inland Trout Streams. The Department may propose amendments to re-categorize select Inland Trout Streams based on angler use and fisheries survey information. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Fred Henson, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8901. E-mail: fred.henson@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 10, licensing and reporting of sportfishing (freshwater) tournaments. The Department may propose the creation of a sportfishing (freshwater) tournament registry and reporting system for select fish species. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Jeffrey Loukmas, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8901. E-mail: jeffrey.loukmas@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 10, pertaining to Lake Erie walleye. The Department may propose amendments to reduce the minimum size limit for walleye in Lake Erie. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Jason Robinson, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8901. E-mail: jason.robinson@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 10, pertaining to Finger Lakes walleye. The Department may propose amendments to better align walleye regulations in the Finger Lakes to how those lakes are being managed. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Jeffrey Loukmas, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8901. E-mail: jeffrey.loukmas@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Parts 10, pertaining to intentional waste of sport fish. The Department may propose to create a regulation to prohibit the intentional waste of sport fish, and possibly other fish, that could otherwise be used for consumption. 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, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8896. E-mail: gregory.kozlowski@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 10, pertaining to burbot. The Department may propose to revise statewide harvest regulations to provide greater protection for burbot which are experiencing population declines in waters across the state due to impacts of climate change and other potential anthropomorphic influence. This amendment may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis.
Contact: Lisa Holst, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8901. E-mail: lisa.holst@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Parts 10, 18, 19 and 35, sportfishing (freshwater) and associated activities. The Department may propose regulatory language clean-up for the purposes of clarification or resolution of language conflicts. 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, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8896. E-mail: gregory.kozlowski@dec.ny.gov. Please include the Part number when emailing

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 re-establish a process for implementation of Incidental Take Permits, 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. 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 182, Endangered and threatened fish and wildlife. The existing regulation will be updated to revise the lists of endangered, threatened and special concern species. 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 Hearings and Mediation Services

6 NYCRR Part 624, Permit Hearing Procedures. The Department proposes to amend procedures governing public comment hearings, issues conferences, adjudicatory hearings and interim appeals to the Commissioner from issues rulings by the Administrative Law Judges, to clarify the procedures governing the conduct of proceedings, motion practice, to revise certain definitions and to make various typographical, technical and related corrections. 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. 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. 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, Salt Hill State Forest. Amend Part 190 to include a new section, Salt Hill State Forest. These regulations will protect public safety and natural resources on the state forest. 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. 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. 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 190.39, 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. 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. Contact: Jason Denham, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4253, Telephone: (518) 402-9410, 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,
establish a license requirement for legal ginseng harvest and revise the minimum plant age for the legal harvest of wild ginseng. A Regulatory Flexibility Analysis and Rural Area Flexibility will be prepared. Contact: Jason Denham, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4253, Telephone: (518)

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. 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 196.4, Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve. These regulations will update the list of lakes and ponds in this section to include those that have been acquired since the list was last updated. 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. 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. 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 sections 196.3 and 196.4, Operation of Motor Vehicles on the Limekiln Lake-Cedar River Road and Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve. These regulations will be updated to be consistent with management activities for the Unit, as well as establishing a speed limit for motor vehicles and snowmobiles and restricting use of mechanically propelled vessels on certain bodies of water. 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 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 and Rural Area Flexibility Analysis will be prepared. Contact: Dave Adams, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4253, Telephone: (518) 402-9149 E-mail: dave.adams@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, 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,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,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,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, 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 licenses 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. The Department proposes to adopt regulations for the management of cobia, a quota-based fishery. The Department proposes to adopt regulations that would require Marine and Coastal District Party and Charter Boat License holders to retain racks of filleted scup and black sea bass for inspection by Law Enforcement. 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, 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, 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, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0477. E-mail: debra.barnes@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, 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 define the directed fishery, 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, biomedical users and biomedical bleeders. 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 has developed an Addendum to collect better harvest location data for lobster and Jonah Crab fisheries by establishing requirements for electronic tracking devices aboard vessels in these 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 and decrease trap effort. 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: Christopher Scott, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0429. E-mail: christopher.scott@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, 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, 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, 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,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 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 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: Christopher Scott, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0429. E-mail: christopher.scott@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 and remove references to outdated 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 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 Solan, 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: Conor Shea, 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: Conor Shea, 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 Subpart 352-3, Regulation of Chemicals in Upholstered Furniture, Mattresses, and Electronic Displays (Flame Retardants). The Flame Retardants Law (Title 10 of Article 37 of the ECL) prohibits the sale or offering for sale after December 1, 2024, of new upholstered furniture or mattresses, or electronic displays that contains, or a constituent component of which contains, any covered flame retardant chemical, individually or in combination, that (a) is at or above levels set by the department in regulation; or (b) intentionally added. The Law also prohibits the repair of upholstered furniture using replacement components containing covered flame retardant chemicals after December 1, 2025. Additionally, the Law prohibits the sale of electronic displays in the state after December 31, 2022, unless the manufacturer has submitted an annual report, in a form determined by the Department, that identifies all organohalogen flame retardants used in the enclosure or stand. The rulemaking will add a new subpart 352-3 Regulation and Reporting of Retardant Chemicals to implement the Flame Retardants Law and will include definitions, maximum allowable levels of covered flame retardant chemicals in upholstered furniture and mattresses, details of the annual reporting requirement for electronic displays, and test methods for verifying if a product complies with the maximum allowable levels established in the regulations. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Conor Shea, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. Email: FlameRetardants@dec.ny.gov. Please include "Subpart 352-3" in the subject line when emailing.

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 2021. 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 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: Thomas Papura, 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 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 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: Conor Shea, 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; and clarify language regarding regulated activities. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Karen Stainbrook, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3508. Telephone: 518-402-8086. E-mail: karen.stainbrook@dec.ny.gov

6 NYCRR Part 602 - Long Island Water Wells. Revisions are needed to reflect that the permit exemption for agricultural water wells on Long Island has been eliminated in ECL section 15-1527; provide an exemption for temporary dewatering wells, remedial wells, and closed loop geothermal systems consistent with Part 601; and clarify permit requirements 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: Karen Stainbrook, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3508. Telephone: 518-402-8086. E-mail: karen.stainbrook@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 Parts 858, 885, 890, 891, 935 - New York City Waters Reclassification. Revisions would reclassify surface waters, as appropriate, 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 appropriate, 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 2023

Division of Air Resources

6 NYCRR Subpart 202-2, "Emission Statements." 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. Subpart 202-2 was revised to require the electronic submission of annual Emission Statements beginning in 2022 (for calendar year 2021 emissions reporting) for facilities subject to Title V of the Clean Air Act. No amendments are planned at this time.

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 revised to eliminate 15 coating categories and sub-categories; to add 12 new coating categories; to lower the VOC limits on 12 coating categories; to broaden the Department's data collecting authority; to add transitional language; to update definitions and codes; and to eliminate the quart exemption for floor coatings. No further action is anticipated 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 updated New York's standards for new aftermarket catalytic converters (AMCC) as part of New York's existing low emission vehicle (LEV) program. The adopted amendments prohibit the sale and installation of federal certified AMCC in New York State absent a waiver from the Department. The adopted amendments also include provisions pertaining to AMCC installation requirements; AMCC installer recordkeeping requirements; recordkeeping requirements for AMCC manufacturers, distributors, wholesalers, and retailers; and clarification of AMCC manufacturer reporting requirements. Division of Air Resources is evaluating California's Advanced Clean Fleet (ACF) regulation currently under development and may revise Part 218 in 2023 to incorporate ACF requirements.

Part 218 was revised in December 2021 to include medium-and heavy-duty vehicle zero emission sales requirements and a one-time fleet reporting requirements under California's Advanced Clean Trucks (ACT) regulation. Revisions to Part 218 are being considered in 2022 to incorporate California's Heavy-Duty Low NOx Omnibus, Phase II Greenhouse Gas, and Advanced Clean Cars II (ACC II) regulations.

6 NYCRR Part 219, "Incinerators." 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, 19-0306, 19-0311, 71-2103, and 71-2105. Subpart 219-1 was revised with minor clarifying changes and finalized February 12, 2020. The compliance schedule provided for existing crematory facilities remains active through 2025. Subpart 219-10 was developed and adopted February 12, 2020. DAR proposes to revise Subpart 219-10 to incorporate new information regarding reasonably available control technology for oxides of nitrogen emitted from large municipal waste combustors. 6 NYCRR Part 222, "Distributed Generation Sources." 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. A new Part 222 was adopted to establish control, monitoring and record keeping requirements for certain distributed generation sources located in the New York Metropolitan ozone nonattainment area which are not currently regulated under 6 NYCRR Subpart 227-2, "Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx)." No further action is anticipated at this time.

6 NYCRR Subpart 225-2, "Fuel Composition and Use - Waste Oil as a Fuel." 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. The latest revisions updated permit references, rule citations, monitoring requirements, record keeping requirements, and incorporated federal standards. These revisions were finalized on March 18, 2020. No further action is anticipated at this time.

6 NYCRR Subpart 227-2, "Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx)." 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, 19-0311, 71-2103, and 71-2105. The rulemaking removed out-of-date references and corrected typos. This was done as a consensus rulemaking. No further action is anticipated 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. A new Subpart 227-3 was adopted to lower allowable NOx emissions from simple cycle and regenerative combustion turbines during the ozone season. No further action is anticipated at this time.

6 NYCRR Part 242, "CO2 Budget Trading Program." Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105. Part 242 was revised to lower the CO2 budgets to cap regional CO2 emissions to achieve a nearly 30 percent additional reduction in the regional cap for the period 2020-2030. Further, to account for the existing private bank of CO2 emissions allowances already acquired, and to help create a binding cap, the Program revisions provided for a budget adjustment for banked allowances. No further action is anticipated at this time.

6 NYCRR Part 248, "Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles." Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, and 71-2105. Revisions were made to Part 248 to update and clarify compliance dates for Best Available Retrofit Technology and useful life waivers following annual extensions granted by the New York State Legislature from 2010 through 2018. The revisions also updated the definition of "heavy-duty vehicle" to incorporate changes made to the New York State Vehicle and Traffic Law that add additional exemptions; clarified the annual reporting requirement period under 248-6.1(a); and made other minor revisions. No further action is anticipated at this time.

Contact: Zoë Hutchins, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8401. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

Office of Climate Change

6 NYCRR Part 494, "Hydrofluorocarbon Standards and Reporting." Statutory Authority: Environmental Conservation Law (ECL), Section 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105, 75-0101, 75-0107, 75-0109. Part 494 establishes prohibitions on HFC substances in specified end-uses. The Department will amend Part 494 following recommended strategies from the Climate Action Council Scoping Plan for reducing HFC emissions, including in the building and waste sectors. This rulemaking 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.

6 NYCRR Part 496, "Statewide Greenhouse Gas Emission Limits." Statutory Authority: Environmental Conservation Law (ECL), Section 75-0107. Part 496 establishes certain emission limits for 2030 and 2050 as required by the Climate Leadership and Community Protection Act. The Department is not amending Part 496 at this time. Contact: Suzanne Hagell, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8448. E-mail: climatechange@dec.ny.gov. Please include the Part number when emailing.

Division of Fish and Wildlife

6 NYCRR Part 1.31, Pertaining to Hunting Black Bear. Statutory authority: Environmental Conservation Law, sections 11-0303, 11-0903, and 11-0907. This amendment added Wildlife Management Unit (WMU) 4W to the group of units in Southeastern New York with an Early Bear Hunting Season. This change was necessary to reduce population growth and conform harvest management with population objectives for the region. Harvest patterns in WMU 4W, now with the contribution of the early bear season, indicate that the season should be continued. No amendments are planned at this time.

6 NYCRR Part 2.30, Pertaining to Migratory Game Birds. Statutory authority: Environmental Conservation Law, sections 11-0303, 11-0903, and 11-0933. Part 2.30 was updated to bring New York State migratory bird hunting regulations and zone descriptions into congruence with the Code of Federal Regulations and to provide a new hunting opportunity for active military and veteran hunters. No amendments are planned at this time.

6 NYCRR Part 6, Pertaining to trapping mink, muskrat, and beaver. Statutory authority: Environmental Conservation Law, sections 11-0301, 11-0303, 11-1101, and 11-1103. These changes were made to align season start dates for these species in the northern and southern zones and adjust season dates to improve trapping opportunity and trapper satisfaction while still providing for sustainable use of these resources. No amendments are planned at this time.

6 NYCRR Part 6, Pertaining to Chronic Wasting Disease. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0325, and 11-1905. This rulemaking fixed clerical errors inadvertently included in a 2019 rule change. The modifications were necessary and appropriate to maintain effective protections against the inadvertent introduction of infectious material into New York. No amendments are planned at this time.

6 NYCRR Part 10, Sportfishing (freshwater) and associated activities. Statutory authority: Environmental Conservation Law, Section 11-0317. Part 10 was amended to improve high quality sportfisheries and associated economic benefits through changes in season dates, harvest limits, and minimum size limits. The changes are being evaluated through angler creel surveys on Lake Ontario and its tributaries. Field data collection will continue through May 2023. Regulation changes will be evaluated during 2023-2024. In addition, the rainbow trout limit in the Lower Niagara River was reduced to 2 in 2022 to correct a rule admission from the 2020 regulations.

6 NYCRR 180.1 Pertaining to Animals dangerous to health or welfare. Statutory authority: Environmental Conservation Law, section 11-0511. These changes were adopted to expand the list of animals which pose a risk to health or welfare of the people of the state or indigenous fish and wildlife. No amendments are planned at this time.

Contact: Christina Curran, 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: christina.curran@dec.ny.gov

Division of Land and Forest

6 NYCRR Section 190.38, Brookfield Trail System. Statutory Authority: Environmental Conservation Law, sections 1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m), 9-0105(1) and 9-0105(3). This regulation protects public safety and natural resources within the Brookfield Trail System. No amendments to this regulation are planned for the coming year since implementation has been satisfactory. 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.

Division of Marine Resources

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 11-0303, 13-0105, 13-0339, and 13-0340-e. Part 40 was amended to increase the incidental catch limit of scup. This rule was necessary to allow commercial fishers to retain and sell scup that were inadvertently caught and killed in the small mesh squid fishery, to provide economic benefit to New York State commercial fishers, to prevent the waste of scup caught as bycatch, and to allow New York regulations to remain consistent with federal regulations. 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 11-0303, 13-0105, 13-0339, 13-0340, 13-0340-b, 13-0340-e, and 13-0304-f. Part 40 was amended to allow qualifying commercial license holders to simultaneously carry possession limits for, and land, certain quota-based species in, cooperating states during the same fishing trip. This rule was necessary to improve opportunities and efficiencies for eligible fishermen while decreasing discards and fuel use. Amendments to Part 40 will be proposed as needed.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 13-0105, 13-0338, and 13-0339-a. Part 40 was amended to revise and establish regulations governing sharks, squid and Atlantic cod. This rule was necessary to comply with the provisions of the Atlantic States Marine Fisheries Commission (ASMFC), the Mid-Atlantic Fishery Management Council (MAFMC), and NOAA Fisheries to prevent the federal closures for New York State's fisheries for shark, squid, and Atlantic cod. 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 11-0303, 11-1521, 13-0105, 13-0339, and 13-0347. Part 40 was amended to revise regulations governing the legal size limit of recreational and commercial striped bass. This rule was necessary to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plan (FMP) for striped bass. 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 and 13-0340. Part 40 was amended to change recreational possession limits for bluefish. This rule was necessary to remain in compliance with federal requirements and to maintain consistency in regulations with 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.

Contact: Caitlin Craig, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0457. E-mail: caitlin.craig@dec.ny.gov.

Division of Materials Management

Parts 370, 371, 372, 373, 374, and 376 Hazardous Waste Management Regulations (FedReg5). Statutory authority: Environmental Conservation Law Article 3, Title 3; Article 27, Titles 7 and 9; Article 70; Article 71, Titles 27 and 35. This rulemaking amended New York's hazardous waste management regulations to comply with changes made to USEPA's RCRA Subtitle C program between September 1999 and April 2015. No amendments are planned at this time.

Part 351, Plastic Bag Reductions, Reuse, and Recycling. Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, article 27, titles 27 and 28. This rulemaking added a new Part 351 Plastic Bag Reduction, Reuse and Recycling to implement the requirements of Titles 27 and 28 of the Article 27 of the Environmental Conservation Law with respect to the prohibition on plastic carryout bags; the allowable reusable bags; and the recycling of plastic carryout bags and film plastic by stores. The regulations also address the related requirements for manufacturers. No amendments are planned at this time.

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 6 NYCRR 701.13 and 701.14 of Title 6 of the New York Codes of Rules and Regulations.

Statutory Authority: ECL: § 3-0301(2)(a)

Adopted Amendments to 6 NYCRR 701.13 and 701.14 to clarify the best usages of Class I and Class SD marine surface waters were, and remain to be, "secondary contact recreation and fishing" and "fishing," respectively. The notice of adoption was published in issue 24 of the State Register, dated June 17, 2020. No further action is anticipated at this time.

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 2023

Division of Air Resources

6 NYCRR Part 232, "Dry Cleaning Facilities." Statutory Authority: Environmental Conservation Law Sections 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, 71-2105. Part 232 was repealed and replaced and finalized on February 8, 2018, with an effective date of March 10, 2018. Repeal and replacement were necessary for consistency with federal requirements and to improve compliance and program delivery, reduce perc and alternative solvent emissions to the environment, address advancements in technology and changes in the industry regarding the use of alternative dry cleaning solvents, and prohibit the use of perc in dry cleaning machines at co-located residential facilities after December 21, 2020. No further action is anticipated at this time.

6 NYCRR Part 243, "Transport Rule NOx Ozone Season Trading Program," 6 NYCRR Part 244, "Transport Rule NOx Annual Trading Program," and 6 NYCRR Part 245, "Transport Rule SO2 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. These rules were adopted to allow the Department to allocate Transport Rule allowances to regulated entities in New York. The Department repealed and replaced existing Parts 243, 244 and 245 to address the to conform to the Environmental Protection Agency's Cross-State Air Pollution Rule (CSAPR) and the CSAPR Update. No further action is anticipated at this time.

Contact: Zoë Hutchins, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8401. E-mail: air.regs@dec.ny.gov. Please include the Part number when emailing.

Office of Climate Change

6 NYCRR Part 492, Climate Smart Community Projects. Statutory Authority: Environmental Conservation Law (ECL) Article 54, Title 15. Part 492 establishes procedures to implement municipal projects funded under this statute. 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 including per the Climate Leadership and Community Protection Act. 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 12233-3251. Telephone: 518-402-8448. E-mail: climatechange@dec.ny.gov. Please include the Part number when emailing.

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). See the Division of Environmental Permits section of the 2023 regulatory agenda for additional details on the anticipated amendments. 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, 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.

Contact: Christina Curran, 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: christina.curran@dec.ny.gov

Division of Land and Forest

6 NYCRR Section 190.35, Peekamoose Valley Riparian Corridor. Statutory authority:
ECL sections 1-0101(3)(b), 3-0301(1)(b), 3-0301(1)(d), 3-0301(2)(m), 9-0105(1)
and 9-0105(3). This regulation was amended in 2018 to establish a permit system for week-ends and holidays to protect public safety and natural resources on this corridor. It will be amended again in the coming year to further expand the permit system and apply other restrictions to the Corridor to address continued public safety and natural resource degradation issues. 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 Section 190.36, Northern Catskill Riparian Areas. Statutory authority:
Environmental Conservation Law, sections, 1-0101(3)(b), 3-0301(1)(b), 3-0301(1)(d),
3-0301(2)(m), 9-0105(1) and 9-0105(3). This regulation was adopted in 2018 to protect public safety and natural resources on the Northern Catskill Riparian Areas. A correction was made to the description in 2018. No amendments to this regulation are planned for the coming year since implementation has been satisfactory. 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 Section 192.7, Control of the Emerald Ash Borer. Statutory authority: Environmental Conservation sections 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(b),
3-0301(1)(d), 3-0301(2)(m), 9-0105(1), 9-0105(3) and 9-1303. This regulation was repealed in 2018. The regulation no longer served its purpose of slowing the spread of Emerald Ash Borer, therefore no additional rulemaking is necessary. 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

Division of Marine Resources

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 11-0303, 13-0105, and 13-0340-d. Part 40 was amended to modify current regulations for recreational and commercial tautog fishing. This rule was necessary to reduce the harvest of tautog and remain in compliance with the Atlantic States Marine Fisheries Commission's (ASMFC's) Amendment to the Tautog Fishery Management Plan. 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 11-0303, 13-0105, 13-0340-b, and 13-0340-c. Part 40 was amended to change the scup size limit, and to increase the possession limit and extend the season for summer flounder. This rule was necessary to relax regulations governing the recreational harvest of scup and summer flounder by the start of the 2018 recreational fishing season and remain in compliance with the Atlantic States Marine Fisheries Commission (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 11-0303, 13-0105, and 13-0340-f. Part 40 was amended to modify current regulations for recreational black sea bass. This rule was necessary to relax regulations governing recreational black sea bass harvest, while remaining in compliance with the Atlantic States Marine Fisheries Commission (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 41, Sanitary Condition of Shellfish Lands. Statutory authority: Environmental Conservation Law, Sections 13-0307 and 13-0319. Part 41 was amended to reclassify underwater shellfish lands in Hempstead (East) Bay; Long Island Sound; Noyack Creek; Cold Spring Pond; Napeague Bay; Northwest Harbor and Creek; Cutchogue Harbor; Great Peconic Bay; Southold Bay; Orient Harbor; Little Peconic Bay. This rule was necessary to protect public health. 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.

6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. Statutory authority: Environmental Conservation Law, Section 13-0309(12). Part 43 was amended to change the permitting process for surf clams. This rule was necessary to increase the Department's administrative efficiency for permit issuance and streamline the permit application process for surfclam harvesters. Amendments to Part 43 will be proposed as needed.

6 NYCRR Part 44, Lobsters and Crab and Part 50, Miscellaneous Marine Species. Statutory authority: Environmental Conservation Law, Sections 13-0330(6) and 13-0331(7). Part 44 and Part 50 were amended to establish regulations that reduce Diamondback terrapin bycatch mortality, revise the horseshoe crab possession limit, and require commercial fishermen to report whelk landings. This rule was necessary to prevent the death of terrapins who enter crab traps, promote opportunities for horseshoe crab harvesters, and to gather information to inform management of New York's whelk fishery. Amendments to Part 44 and Part 50 will be proposed as needed.

6 NYCRR Part 44, Lobsters and Crab. Statutory authority: Environmental Conservation Law, Sections 11-0303, 13-0105, and 13-0329. Part 44 was amended to repeal the most restrictive rule as it applies to closed season for lobster harvest. This rule was necessary to reduce the economic burden on New York State licensed lobster harvesters and to ensure the equitable treatment of New York State lobster permit holders. Amendments to Part 44 will be proposed as needed.

6 NYCRR Part 49, Shellfish Management. Statutory authority: Environmental Conservation Law, Section 13-0327. Part 49 was amended to clarify language regarding the size limit of bay scallops. This rule was necessary to add clearer language that would remove any confusion for bay scallop harvesters and to make law enforcement more effective. Amendments to Part 49 will be proposed as needed.

Contact: Caitlin Craig, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0457. E-mail: caitlin.craig@dec.ny.gov.

Division of Materials Management

Part 380 Prevention and Control of Environmental Pollution by Radioactive Materials. Statutory authority: Environmental Conservation Law (ECL) Articles 1, 3, 17, 19, 27, 29 and 37, ECL 3-0301(1)(i), and ECL 3-0301(2)(a), (m). This section regulates the disposal and release of radioactive material to the environment. These amendments to Part 380 updated several provisions that were required for compatibility with federal regulations, simplified and updated language, and added several needed provisions that had been absent from the regulations. No action is planned at this time.

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

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

The NYS Department of Environmental Conservation Regulatory Agenda was published in the January 4, 2023 issue of the State Register.

Last updated 1.5.23

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