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Proposed, Emergency, and Recently Adopted Regulations

This page lists rules and regulations that have been proposed or recently adopted and emergency regulations that are in effect. This page will be updated whenever new regulations are proposed or information changes.

Underlines contained in the text of proposed regulations denote new material. Brackets [ ] indicate material to be deleted.

Proposed Regulations Available for Public Comment

  1. 6 NYCRR Part 41 - Sanitary Conditions of Shellfish Lands - This rulemaking is necessary to protect the public health. Comments will be accepted on the proposed rulemaking through July 23rd, 2018.
  2. Proposed Section 190.36 Northern Catskill Riparian Areas - The purpose of this rule is to ensure public safety and protect natural resources on the Northern Catskill Riparian Areas. Comments will be accepted on the proposed rulemaking through July 23rd, 2018.
  3. Parts 700, 703, and 890, BEACH Act Standards and Reclassification Rule - Proposed amendments to 6 NYCRR Parts 700, 703, and 890, to adopt new water quality standards for enterococci and E. coli to meet the requirements of federal law and to upgrade the classifications of certain surface waters in the New York Harbor. DEC will receive public comments until midnight on June 12, 2018.
  4. A new subdivision to 6 NYCRR Section 190.35, Peekamoose Valley Riparian Corridor - The purpose of this subdivision is to protect public safety and natural resources on the Peekamoose Valley Riparian Corridor. Comments will be accepted on the proposed permitting system through May 28, 2018.
  5. 6 NYCRR Part 40 - Tautog - This rulemaking is necessary to satisfy the latest reduction in the harvest of tautog as required by the Atlantic States Marine Fisheries Commission. Comments will be accepted from April 18 through June 18, 2018
  6. 6 NYCRR Part 40 - Summer Flounder and Scup - This rulemaking is necessary to make New York's scup and summer flounder regulations less restrictive and is in compliance with the Atlantic State Marine Fisheries Commission and the Mid-Atlantic Fisheries Management Council. Comments will be accepted from April 18 through June 18, 2018
  7. 6 NYCRR Part 44 - Lobster - This rule making is necessary to reduce the economic burden on New York State licensed lobster harvesters who are unable to take lobsters for four months each year due to the closed seasons in Lobster Management Areas (LMA) 4 and 6. Comments will be accepted from May 16 through July 16, 2018.
  8. Proposed Parts 243, 244, 245 - - This rule making is in response to EPA comments and to conform to the federal CSAPR Update. They are technical corrections, clarifications, cross-reference revisions, and deadline adjustments. Written comments may be submitted until July 29, 2018.
  9. Proposed Part 251, CO2 Performance Standards for Major Electric Generating Facilities - - This rule making will establish CO2 emissions standards for non-modified existing major electric generating facilities, while leaving unchanged the existing CO2 emission standards for new and modified major electric generating facilities. The proposed revisions to Part 200 will update incorporated references to federal rules. Written comments may be submitted until July 29, 2018.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Parts 3.1 and 3.2, Sections 11-0303, 11-0311, 11-0903 and 11-0905 - Protection of diamondback terrapin. This rulemaking is necessary to close the open season on diamondback terrapin.
  2. Part 69 and Part 101, Sections 11-0303, 11-0321 and 11-2101 - Regional Hunting Regulations - This rulemaking is necessary to repeal regional hunting regulations.
  3. Part 617 - State Environmental Quality Review (SEQR) - This rulemaking was originally proposed on February 8, 2017 in the New York State Register and noticed in the Environmental Notice Bulletin (ENB.) NYS DEC has published a notice of revised rulemaking in the New York State Register published on April 4, 2018. A notice of availability of a Revised-Draft Generic Environmental Impact Statement was also published in the Environmental Notice Bulletin on April 4, 2018.

Emergency Regulatory Actions

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 43 Non-Atlantic Surfclams - Adopted on May 2, 2018. Effective on May 2, 2018. This rule making is necessary to modify the permit requirements for the surfclam fishery in New York State waters outside the Atlantic Ocean. The rule making was filed as a consensus rule making; DEC seeks to reduce the paperwork burden on permit holders and streamline the permitting process.
  2. Part 49 - Bay Scallops - Adopted on April 25, 2018. Effective on April 25, 2018- This rule making is necessary to clarify the current size limit provisions for taking of bay scallops.
  3. Part 380 - Prevention and Control of Environmental Pollution by Radioactive Materials - Effective May 10, 2018. DEC amended 6 NYCRR Part 380 to incorporate eight federal rule changes that have occurred from 1991 to 2008 for the Radiation Program; clarify and improve the regulation; and add a 10 milirem constraint on airborne emissions, which has been implemented for several years through Radiation Control Permit conditions.
  4. Parts 44, 50 - Whelk and Crab - Adopted on March 28, 2018. Effective on March 28, 2018. This rule making is necessary to promote prudent management strategies for crabs, horseshoe crabs and whelk.
  5. Part 232 Dry Cleaning Facilities - Effective March 10, 2018 - The Department has repealed 6 NYCRR Part 232, Perchloroethylene Dry Cleaning Facilities, and replaced it with a new Part 232 entitled, Dry Cleaning Facilities. The updated regulation will improve compliance, reduce emissions and bring New York's regulation up to date with current federal requirements..
  6. Part 492 - Climate Smart Community Projects - Adopted February 28, 2018. This rule making is required by statute and establishes criteria and guidance for the Department's climate protection and clean vehicle grant programs.
  7. Part 360 - Solid Waste Management Facilities - Effective on November 4, 2017. These regulations are comprehensive revisions, enhancements and structural changes to the Solid Waste Management Regulations.
  8. Parts 500 & 750 -758: Adopted on November 1, 2017. The Repeal of 6 NYCRR Part 500 and the Amendment/Repeal of references to Parts 750-758 to reflect the current regulation - Part 750.
  9. Part 830 - Lake Champlain Drainage Basin - Effective November 1, 2017. These amendments upgraded the classification, description, and item numbers of certain waters in the Lake Champlain drainage basin. This rulemaking was necessary to meet the "fishable" goal of the federal Clean Water Act and to provide enhanced protection for trout waters.
  10. Section 190.37 Lower Salmon River State Forest - Effective on September 13th, 2017. The purpose of this section is to protect public safety and natural resources on the Lower Salmon River State Forest.
  11. Part 2, Section 2.2 and Part 6, Section 6.2 - Adopted on July 12, 2017. Effective July 12, 2017. Special permit requirement to hunt or trap bobcats in the Harvest Expansion Area in central and western NY. This rulemaking is necessary to revise regulations to remove the requirement for a special permit to hunt or trap bobcats in the Harvest Expansion Area.
  12. Part 482-2 - Operating Permit Program Fee - Effective June 28, 2017. This regulation establishes the fee to be paid by all facilities that are subject to the requirements of Title V of the Federal Clean Air Act.
  13. Part 180, Section 180.6 - Free Sport Fishing Days - Adopted on June 21,2017. Effective June 21, 2017. This rulemaking is necessary to expand and establish four additional free sport fishing days.

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