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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. Part 2.3 ECL Sections 11-0303, 11-0903 and 11-0933 Amendments to New York State migratory game bird hunting regulations - This rulemaking is to bring New York State migratory game bird hunting regulations into compliance with Federal Code of Regulations. Comments will be accepted until August 2, 2020.
  2. Part 6.1 and 6.2 ECL Sections 11-0301, 11-0303, 11-1101 and 11-1103 Amendments to New York State mink, muskrat, and beaver trapping season dates - This rulemaking is to align existing mink, muskrate and beaver trapping season start dates and adjust the seasons to trapper-preferred dates. Comments will be accepted until August 2, 2020.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 1, Section 1.31 - Early bear hunting season in WMU 4W - This rulemaking is necessary to reduce bear population growth in Wildlife Management Unit (WMU) 4W which includes parts of Delaware and Sullivan counties.
  2. Part 10 Sportfishing Regulations & Part 40 Marine Fish: Striped Bass - The proposed rule amends the current commercial and recreational size limit restrictions for Atlantic striped bass to remain in compliance with the Atlantic States Marine Fisheries Commission's (ASMFC) FMP for Atlantic Striped Bass. The new management measures adopted by ASMFC require that Atlantic striped bass fish removals be reduced by at least 18 percent, as specified in Addendum VI to Amendment 6 of ASMFC's FMP for Atlantic Striped Bass.
  3. Part 40 - Marine Fish - Cooperative Multi-State Possession and Landing Program - This rulemaking establishes a Cooperative Multi-State Possession and Landing Program that will allow eligible commercial fishermen to: (1) possess weekly limits for quota-managed species for multiple cooperating states (NY, CT, RI) onboard the vessel simultaneously while fishing, transiting or landing, and (2) in one trip, land their weekly limits with the cooperating states.
  4. Part 40 - Marine Fish - Commercial Tautog Tagging Program - The proposed rule amends management strategies for tautog, to require commercial tautog tagging.
  5. Part 40 - Marine Fish - Shark, Squid, Cod - The proposed rule amends management strategies for sharks, squid and Atlantic cod. Specifically, the rule (1) increases the recreational size limit for shortfin mako sharks from 54" Fork Length (FL) for both sexes to 71" FL for males and 83" FL for females; (2) prohibits both the commercial and recreational possession of blacknose sharks; (3) sets commercial possession limit for Atlantic cod at 50 pounds per day; (4) decreases the commercial size limit for Atlantic cod from 22" to 19" and decreases the recreational minimum size for Atlantic cod from 22" to 21"; (5) allows commercial trip and possession limits for Illex and longfin squid to be established by future directives from the Department.
  6. Part 41 - Sanitary Conditions of Shellfish Lands (2019) - This rulemaking is necessary to prevent the harvest of shellfish from areas that do not meet water quality standard and protect the public health. This rulemaking also increases opportunities for shellfish harvest from areas whose water quality now meets standards.
  7. 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.
  8. Parts 151, 153, 170, 174, 182; ECL Sections 11-0535, 11-0535-a, 11-0536, 11-1707, 11-1728, 11-1901, 11-903, 11-1905 and 11-1907 Omnibus changes to 6NYCRR - This rulemaking brings regulations current with statutory changes and to improve application efficiency as part of the Governor's Lean initiative.
  9. Parts 151, 153, 170, 174, and 182 of Title 6 NYCRR - Pertaining to possession of fur-bearing animals, preserve licenses, importation licenses, breeding and sale of cage birds, and sale of articles containing endangered or threatened species parts.
  10. Parts 151, 153, 170, 174, 182; ECL Sections 11-0535, 11-0535-a, 11-0536, 11-1707, 11-1728, 11-1901, 11-903, 11-1905, and 11-1907-Omnibus changes to 6NYCRR - This rulemaking brings regulations current with statutory changes and to improve application efficiency as part of the Governor's Lean initiative.
  11. Part 180.1; ECL Section 11-0511 - This rulemaking is 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.
  12. Part 182; ECL Sections 3-0301 and 11-0535 - This rulemaking improves the review of projects by removing some project types from the review process that are known not to cause harm and continues to protect threatened and endangered species.
  13. Pre-proposal for Part 182.5-Listing of Endangered, Threatened, and Special Concern Species - This pre-proposal is to revise the list of endangered, threatened, and special concern species. The public are invited to review the draft changes and the accompanying species status assessments.
  14. Amendment to 6 NYCRR Section 190.0 Introduction and Adoption of a New 6 NYCRR Section 190.38 Brookfield Trail System - This rulemaking is being proposed to protect public safety and natural resources on the Brookfield Trail System, a system of trails designated for use by horses, llamas and mountain bikes, located on three reforestation areas covering over 13,000 acres in Chenango and Madison counties.
  15. 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.
  16. Proposed Part 201 Permits and Registrations, and Part 200 General Provisions - The Department is proposing revisions to its Operating Permitting Program (OPP). The OPP is implemented by the Department through Parts 200, 201, and 621, (collectively, Part 201). This rulemaking will revise Part 201 to clarify certain requirements, provide consistent implementation of the OPP across the state, streamline the air permitting process, and facilitate the ease of use and timely administration of the OPP. Additionally, this proposal will modify Section 212-2.2, Table 2 - High Toxicity Air Contaminant (HTAC) list, to make it consistent with Table 1 of Subpart 201-9. Finally, this proposal will also make several minor changes to Part 212 to improve the clarity of its requirements.
  17. Proposed Subpart 202-2 Emission Statements - The Department is proposing to revise Subpart 202-2, Emission Statements to require electronic submittal of annual emission statements. This requirement will be phased in beginning with Title V permits issued in 2021. .
  18. Proposed Subpart 225-1 Fuel Composition and Use - Sulfur Limitations - The Department is proposing to revise 6 NYCRR Subpart 225-1, "Fuel Composition and Use - Sulfur Limitations". Subpart 225-1 imposes limits on the sulfur content of distillate oil, residual oil, and coal fired in stationary sources. The revisions to Subpart 225-1 will add process sources and incinerators as stationary emission sources to which these revisions will apply in New York State (NYS). The revisions will also lower the sulfur-in-fuel limit for waste oil and correct minor typographical errors. Finally, the revisions will remove both 6 NYCRR subdivision 225-1.3(e) which cites section 117 of article 5 of the Energy Law and 6 NYCRR paragraph 225-1.4(c)(2) pertaining to the coal and coke variance. The revisions to Subpart 225-1 will be a component of the NYS State Implementation Plan (SIP).
  19. Subpart 225-2, Fuel Composition and Use - Waste Oils - The proposal will establish applicability criteria, composition limits, and permitting requirements for waste oils; establish monitoring, recordkeeping, and reporting requirements for facilities that are determined eligible to burn waste oil; and allow for the burning of waste oils in space heaters at automotive maintenance/service facilities.
  20. Subpart 227-1, Stationary Combustion Installations - Revisions include lowering PM emission limits for existing and new stationary combustion installations, correct minor typographical errors, and update the regulation to incorporate changes to the air permitting regulations.
  21. Subpart 227-3 Ozone Season Oxides of Nitrogen (NOx) Emission Limits for Simple Cycle and Regenerative Combustion Turbine. DEC is proposing to establish lower NOX emissions standards for simple cycle and regenerative combustion turbines during the ozone season.
  22. Proposed Part 230 Gasoline Dispensing and Transport Vehicles - The Department is proposing a new Part 230 to update an outdated regulation, adopt the federal Stage I vapor recovery requirements and require the removal of Stage II vapor recovery systems. Updates are necessary to remove expired equipment installation dates and compliance deadlines.
  23. Proposed Part 231 New Source Review - The Department is proposing to amend Part 231 in order to conform to federal New Source Review rule requirements and related court rulings.
  24. Proposed Part 235 Consumer Products - The Department is proposing to revise the Part 235 Consumer Products regulation to reduce ozone precursor emissions and update references in Part 200. This regulation addresses many items used in and around the home, including cleaners, disinfectants, paint thinners, and automotive fluids.
  25. Proposed Part 242 CO2 Budget Trading Program - The Department is proposing revisions to 6 NYCRR Part 242, "CO2 Budget Trading Program" (Regional Greenhouse Gas Initiative (RGGI)) and 200, "General Provisions." The proposed revisions to Part 242 will reflect the RGGI program changes set forth in the updated RGGI Model Rule. The proposed revisions to Part 200 will update incorporated references.
  26. Proposed Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles - The Department is proposing to amend Part 248. The revisions to the Part 248 rulemaking will make it consistent with the amendments to ECL section 19-0323 by updating compliance dates. In addition, the revisions will update the definition of heavy duty vehicle to incorporate changes made to the New York State Vehicle and Traffic Law that add additional exceptions: revise Section 248-3.1(d) and (e) to add "on behalf of": clarify the annual reporting period: and correct one typographical spacing error. These clarifications should assist regulated entities and prime contractors in complying with the Part 248 requirements.
  27. Proposed Part 494, Hydrofluorocarbon Standards and Reporting - The proposed rule adopts prohibitions previously included in the US Environmental Protection Agency's Significant New Alternatives program to prohibit hydrofluorocarbon (HFC) substances in certain end-uses. The proposed rules also include related administrative and record-keeping requirements for manufacturers.
  28. Parts 622, 620, 621 and 624 - The Department is proposing to repeal and replace Part 622, Uniform Enforcement Hearing Procedures, to clarify the hearing process for administrative enforcement proceedings. In addition, the Department proposes to amend the definition sections of Part 620, Procedures for Issuance of Summary Abatement Orders, and Part 624, Permit Hearing Procedures, to make the definitions of terms shared by Parts 620, 622 and 624 consistent. The Department also proposes to amend 6 NYCRR 621.10(a), 621.11(g) and 621.13(d) to require that a copy of a written request for a hearing made pursuant to those subdivisions be provided to the Chief Administrative Law Judge.
  29. Sections 10.1, 10.10, 11.2, 35.1, 35.3, 42.2, 43-1.1, 43-2.1, 45.1, 47.1, 576.2, and 591.3 - This proposal will amend 6 NYCRR Sections 10.1, 10.10, 11.2, 35.1, 35.3, 42.2, 43-1.1, 43-2.1, 45.1, 47.1, 576.2, and 591.3, to replace all references to the Tappan Zee Bridge with the name of the new bridge -- the Governor Mario M. Cuomo Bridge.

Emergency Regulatory Actions

  1. Part 40 Marine Fish - Recreational Bluefish - The proposed rule amends recreational fishing limits for bluefish. This rule sets limits at 3 fish per day for private anglers and shore-based fishers and 5 fish per day for anglers fishing from for-hire vessels. The Emergency Rule went into effect on May 8, 2020, and will remain in effect for 90 days.
  2. Part 10 Sportfishing Regulations & Part 40 Marine Fish: Striped Bass - The proposed rule amends the current commercial and recreational size limit restrictions for Atlantic striped bass to remain in compliance with the Atlantic States Marine Fisheries Commission's (ASMFC) FMP for Atlantic Striped Bass. The new management measures adopted by ASMFC require that Atlantic striped bass fish removals be reduced by at least 18 percent, as specified in Addendum VI to Amendment 6 of ASMFC's FMP for Atlantic Striped Bass. The Emergency Rule went into effect on March 31, 2020, and will remain in effect for 90 days.
  3. Part 40 - Marine Fish - Commercial Tautog Tagging Program - The proposed rule amends management strategies for tautog, to require commercial tautog tagging. The Emergency Rule went into effect on March 5, 2020, and will remain in effect for 90 days.
  4. Part 40 - Marine Fish - Shark, Squid, Cod - The proposed rule amends management strategies for sharks, squid and Atlantic cod. Specifically, (1) increase the recreational size limit for shortfin mako sharks from 54" Fork Length (FL) for both sexes to 71" FL for males and 83" FL for females; (2) will prohibit both the commercial and recreational possession of blacknose sharks; (3) set commercial possession limit for Atlantic cod at 50 pounds per day; (4) decrease the commercial size limit for Atlantic cod from 22" to 19" and decrease the recreational minimum size for Atlantic cod from 22" to 21"; (5) allow commercial trip and possession limits for Illex and longfin squid to be established by future directives from the Department. The Emergency Rule went into effect on March 3, 2020, and was re-adopted on May 29. It will remain in effect until July 28.
  5. Part 40 - Marine Fish - Cooperative Multi-State Possession and Landing Program - This rulemaking establishes a Cooperative Multi-State Possession and Landing Program that will allow eligible commercial fishermen to: (1) possess weekly limits for quota-managed species for multiple cooperating states (NY, CT, RI) onboard the vessel simultaneously while fishing, transiting or landing, and (2) in one trip, land their weekly limits with the cooperating states. The Emergency Rule went into effect on January 14, 2020, and was re-adopted on April 10. It will remain in effect until June 9.

Recently Adopted Regulations (Previous Twelve Months)

  1. Subpart 482-2 Operating Program Fee - Effective date: July 1, 2020. This regulation establishes the fee to be paid by all facilities that are subject to the requirements of Title V of the Federal Clean Air Act (Act).
  2. Parts 701.13 and 701.14 - Adopted on May 26, 2020. Effective on June 17, 2020. This rule making clarifies 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.
  3. Part 40 - Commercial Scup - Adopted on April 8, 2020. Effective on April 12, 2019. This rulemaking is necessary to implement the required measures to remain consistent with National Oceanic and Atmospheric Administration Fisheries regulations.
  4. Subpart 225-2 Fuel Composition and Use - Waste Oil as a Fuel, and 6 NYCRR Part 200 General Provisions - Effective April 2, 2020 - Subpart 225-2 establishes applicability criteria, composition limits, and permitting requirements for waste oils; establishes monitoring, recordkeeping, and reporting requirements for facilities that are determined eligible to burn waste oil; and allows for the burning of waste oils in space heaters at automotive maintenance service facilities and marine service facilities. Part 200 added the definition for "residual oil" and updated regulatory references. Adopted Subpart 225-2 will be submitted to EPA as a revision to the State Implementation Plan for NYS.
  5. Part 222, Distributed Generation Sources, and Part 200 General Provisions - Effective March 25, 2020. The purpose of this rule is to regulate emissions from demand response and price-responsive generation sources located in the New York City metropolitan area.
  6. Part 218-7, Aftermarket Parts - Effective March 14, 2020 - The Department is adopting amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200.9 to update New York's standards for new aftermarket catalytic converters (AMCC) as part of New York's existing low emission vehicle (LEV) program.
  7. Part 219, Incinerators - Effective March 14, 2020 - The Department is adopting a new 6 NYCRR Subpart 219-4 and sunsetting Subparts 219-5 and 219-6. New Subpart 219-4 applies to all human and animal crematories operating throughout the state. The Department is also adopting a new Subpart 219-10 to limit oxides of nitrogen emissions from municipal waste combustion units. Following adoption, Part 219 will be submitted to EPA as a revision to the State Implementation Plan for New York State.
  8. Adopted Part 351, Plastic Bag Reduction, Reuse, and Recycling - Effective March 14, 2020. The adopted rule sets forth the requirements of Titles 27 and 28 of Article 27 of the Environmental Conservation Law with respect to the prohibition on the distribution of film plastic bags; allowable reusable bags; and the recycling of film plastic by stores. The regulations also address the related requirements for manufacturers.
  9. Parts 370-374 and 376 - Published on March 4, 2020, Effective April 19, 2020: DEC recently revised the 6 NYCRR Parts 370, 371, 372, 373, 374, and 376 regulations to incorporate thirty-eight (38) federal rules and approximately eighty (80) state-initiated changes.
  10. Subpart 227-3, Ozone Season Oxides of Nitrogen (NOx) Emission Limits for Simple Cycle and Regenerative Combustion Turbines - Effective January 16, 2020. Subpart 227-3 establishes lower NOx emissions standards for simple cycle and regenerative combustion turbines during the ozone season.
  11. Part 205 Architectural and Industrial Maintenance (AIM) Coatings - Effective January 11, 2020. The purpose of this rulemaking is to reduce emissions from AIM coatings by reducing the volatile organic compound (VOC) content limits for some coating categories. In addition, this revision removes the quart exemption.
  12. Part 186 - Feeding of wild deer and moose, use of 4-PosterTM devices - Adopted on December 24, 2019. Effective on December 24, 2019. The proposed regulation restricts unauthorized intentional feeding of wild deer and moose that can lead to environmental harm, public hazard, and increased wildlife disease risks. By permitting under specified conditions the use of automated feeding devices, in conjunction with use of 4-PosterTM Tickicide, the regulation allows the public to address local tick densities while mitigating potential deer-related problems.
  13. Subpart 227-2, Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx) and Part 200, General Provisions - Effective December 7, 2019. Subpart 227-2 will entail the removal of dated references, emission limitations, and practices. Part 200 will entail the updating of references. Subpart 227-2 will be submitted to EPA as a revision to the State Implementation Plan for New York State.
  14. Part 257, Air Quality Standards and Classifications - Effective December 6, 2019. Part 257, Subparts 257-2 through 257-10, list the NYS Air Quality Standards (SAQS) promulgated by the Department over several decades. A number of these SAQS are outdated and have been superseded by Federal air quality standards and are proposed to be repealed or revised.
  15. Part 41 - Sanitary Conditions of Shellfish Lands (2019) - Adopted on December 4, 2019. Effective on July 12, 2019.This rulemaking is necessary to prevent the harvest of shellfish from areas that do not meet water quality standard and protect the public health. This rulemaking also increases opportunities for shellfish harvest from areas whose water quality now meets the standards.
  16. Part 189; ECL Sections 03-0301, 11-0325, and 11-1905-Chronic Wasting Disease - Adopted on November 13, 2019. Effective on November 13, 2019. This rulemaking is to amend regulations to reduce risk of introductions of infectious material into New York.
  17. Part 40 - Marine Fish - Recreational Scup - Adopted on November 13, 2019. Effective on June 20, 2019. This rulemaking will provide a year-round open fishing season for recreational scup, and increases the part/charter boat possession limit to 50 fish per angler during Sept 1 - Oct 31.
  18. Part 226 Solvent Metal Cleaning Processes - Effective November 1, 2019. The Department is revising Part 226, Solvent Metal Cleaning Processes and re-designating it Subpart 226-1, Solvent Cleaning Processes; adding a new Subpart 226-2, Industrial Cleaning Solvents; and making related changes to Part 201, Permits and Registrations.
  19. Part 208 Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills - Effective date: September 4, 2019. This proposal will revise Part 208 and attendant revisions to Part 200 to incorporate the new federal Emission Guideline for reducing emissions from MSW Landfills.
  20. Parts 700, 703 and 890 BEACH Act - Adopted June 4, 2019, Effective date of November 1, 2019 - This rule making establishes new water quality standards for all coastal recreation waters to meet the requirements of the federal Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000 (P.L. 106-284). The amendments also reclassify certain Class I waters consisting of Upper New York Bay and a portion of Lower New York Bay to add the best usage of primary contact recreation to these waters.

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