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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 1.11 - Amendment to Deer Hunting Seasons - This rulemaking would provide an option for counties to annually be excluded from the holiday deer hunt from December 26 to January 1 due to perceived concerns about potential impact to snowmobiling activity. Written comments will be accepted through November 14, 2021.
  2. Proposed Part 218 - Emission Standards for Motor Vehicles and Motor Vehicle Engines - The Department is proposing amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200.9 to incorporate California's Advanced Clean Truck zero emission vehicle standards for medium- and heavy-duty trucks, as well as large entity reporting requirements for owners and operators of medium- and heavy-duty trucks as part of New York's existing low emission vehicle (LEV) program. The public comment period on the rule making concludes at 5:00 pm on November 17, 2021.
  3. Proposed Part 353 - Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction - This rule will address the prohibition on expanded polystyrene foam containers and loose fill packaging; financial hardship waiver application process; cost comparison analysis for alternative packaging; definition of the terms "comparable cost" and "undue financial hardship;" and hardship waiver approval, renewal, and revocation criteria.
  4. Emergency Proposed Rulemaking - Section 190.10 Onondaga Escarpment Unique Area - Section 190.25 Zoar Valley Multiple Use Area - The emergency/proposed rulemaking will protect public health, safety and general welfare on the Zoar Valley Multiple Use Area including Zoar Valley Unique Area by implementing public access restrictions. In addition, it will address unregulated use of the Onondaga Escarpment Unique Area by restricting recreational activities to those compatible with the unique qualities of the parcel. The Notice of Emergency/Proposed Rulemaking is available in the August 4, 2021 issue of the State Register. Public comments will be accepted by DEC through October 3, 2021.
  5. Parts 6.2 and 6.3 - Amendments to Fisher and Marten Trapping Regulations - This rulemaking is necessary to remove the requirement for trappers to obtain a special fisher trapping permit. This proposal would also remove the requirement for trappers to submit marten carcasses while maintaining the requirement for a special pine marten permit. A trapping license and pelt sealing would still be required for both fisher and marten. Written comments will be accepted through October 17, 2021.
  6. Part 10 - Amendment to Sportfishing Regulations - This rulemaking would increase the daily possession limit for walleye in Oneida Lake from 3/day to the statewide limit of 5/day. Written comments will be accepted through October 17, 2021.
  7. 370.2 - Definitions - DEC is considering revising existing Universal Waste definitions to include a definition for "aerosol can".
  8. 370.2 - Definitions - DEC is considering adding definitions for "Paint" and "Paint Collection Site" as well as revising existing definitions to the Universal Waste regulations.
  9. Part 596-599 - Chemical Bulk Storage Regulations - Principally intended to harmonize existing State Requirements with federal requirements found in 40 CFS Part 280. Written comments on the proposed rulemaking can be submitted through 5:00 p.m. on December 6, 2021.
  10. Part 613 - Petroleum Bulk Storage Regulations - Principally aimed at harmonizing existing State requirements with the federal requirements found in 40 CFS Parts 280 and 302. The amendments aim to clarify and better harmonize the PBS and CBS programs. Written comments on the proposed rulemaking can be submitted through 5:00 p.m. on December 6, 2021.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Proposed Part 368 - Product Stewardship and Product Labeling - The proposed rule repeals and replaces the existing regulations for Recycling Emblems, develops new regulations for mercury-added consumer product labeling and develops new regulations for the existing Electronic Equipment Recycling and Reuse Act (EERRA). Written statements must be submitted to the NYSDEC by midnight on September 15, 2021.
  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.
  3. Part 50 - Whelk - The rule would establish a minimum size limit of five and one-half inches shell length or three inches shell width, require the use of bait bags, establish gear marking, buoy line, pot size and daytime hauling requirements and restrict the placement of whelk pots near navigation channels. In addition, the proposed rule clarifies that marine and coastal district food fish and crustacea dealers and shippers license holders must report purchases of marine food fish, crustacea, horseshoe crabs and whelks from harvesters consistent with requirements currently in place in 6 NYCRR Parts 40 and 44.
  4. Part 51 - Adoption of Updated Wildlife Management Area Regulations - This rulemaking repeals 6 NYCRR Parts 51, 61, 75 and 84 and adopts a new 6 NYCRR Part 51. There has been increased public demand for WMAs as more people seek outdoor recreation and the amendments ensure these natural resources and wildlife are protected.
  5. 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.
  6. 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.
  7. 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.
  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. 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.
  10. 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.
  11. 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.
  12. 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.
  13. Proposed Part 203 Oil and Natural Gas Sector - To support the goals and requirements of the Climate Leadership and Community Protection Act, this proposed rulemaking aims to lower methane and VOC emissions for new and existing sources in NY's oil and natural gas sector. The proposed rulemaking also fulfills the requirements of EPA's 2016 Control Techniques Guidelines for the oil and gas industry.
  14. 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.
  15. Part 703.4 - Site-Specific Enterococcus Water Quality Standards for Class I/SD Waters - The proposed rule making adds site-specific criteria, using enterococcus as a fecal indicator bacteria, to select Class I and Class SD waterbodies. Express Terms and related rulemaking documents (PDF).

Emergency Regulatory Actions

  1. Emergency Proposed Rulemaking - Section 190.10 Onondaga Escarpment Unique Area - Section 190.25 Zoar Valley Multiple Use Area - The emergency/proposed rulemaking will protect public health, safety and general welfare on the Zoar Valley Multiple Use Area including Zoar Valley Unique Area by implementing public access restrictions. In addition, it will address unregulated use of the Onondaga Escarpment Unique Area by restricting recreational activities to those compatible with the unique qualities of the parcel. The Notice of Emergency/Proposed Rulemaking is available in the August 4, 2021 issue of the State Register. Public comments will be accepted by DEC through October 3, 2021.
  2. 190.35 Peekamoose Valley Riparian Corridor - The rule will address overuse and protect public health, safety, general welfare and natural resources on the Peekamoose Valley Riparian Corridor by implementing a permit system from May 15th through September 15th of each year while still providing a quality outdoor experience for users.

Recently Adopted Regulations (Previous Twelve Months)

  1. Parts 1.11, 1.18, 1.31, 2.1, and 2.15 - Adopted on September 1, 2021. Effective on September 1, 2021. Amendments to Deer and Bear Hunting Regulations - This rulemaking is necessary to increase antlerless harvest in specific Wildlife Management Units where needed, allow big game hunters to hunt during the entire daily period of ambient light, simplify bear hunting regulations in the Adirondacks, and enhance hunter safety while big game hunting with a firearm.
  2. Adopted Part 350 - Food Donation and Food Scraps Recycling - New York State Department of Environmental Conservation (NYSDEC) has adopted Rulemaking 6 NYCRR Part 350. The regulations will implement the requirements outlined in the Food Donation and Food Scraps Recycling Law enacted in 2019. The law takes effect on January 1, 2022 and requires large generators of food scraps to donate excess edible food and recycle all remaining food scraps if they are located within 25 miles of an organics recycler.
  3. Part 326.2 - Restricted pesticides - Effective July 31, 2021. The proposed regulation will add chlorpyrifos to the section 326.2(c) list of pesticide active ingredients that are no longer allowed to be distributed, sold, purchased, possessed, or used for any purpose. The Notice of Adoption is available in the July 21, 2021 issue of the State Register.
  4. Part 10, Part 19 & Part 40 - Striped Bass Circle Hooks Revision - Adopted on July 14, 2021. Effective on April 21, 2021. The rule would require the use of circle hooks while recreationally fishing for striped bass when using bait.
  5. Adopted Subpart 482-2 Operating Program Fee - Effective date: June 30, 2021 (PDF) -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).
  6. Part 10 - Amendment to Trout Stream Sportfishing Regulations - Adopted on March 24, 2021 Effective April 1, 2021. This rulemaking revised and standardizes inland trout stream fishing regulations by creating a statewide inland trout stream regulation, four regulation categories, and creating a catch and release season from October 15 through March 31.
  7. Part 41 - Sanitary Conditions of Shellfish Lands (2020) - Adopted on February 24, 2021. Effective on October 1, 2020. This rulemaking is necessary to prevent the harvest of shellfish from areas that do not meet water quality standards and to protect the public health. This rulemaking also increases opportunities for shellfish harvest from areas whose water quality now meets the standards.
  8. Adopted Part 201 Permits and Registrations, and Part 200 General Provisions - Effective February 25, 2021 (PDF). The Department is adopting 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 revises 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, Section 212-2.2, Table 2 - High Toxicity Air Contaminant (HTAC) list has been revised to make it consistent with Table 1 of Subpart 201-9. Finally, several minor changes have been made to Part 212 to improve the clarity of its requirements
  9. Adopted Subpart 227-1 Stationary Combustion Installations, and Part 200 General Provisions - Effective February 25, 2021 (PDF). The Department has repealed Subpart 227-1, Stationary Combustion Installations and adopted the replacement 6 NYCRR Subpart 227-1, as well as attendant provisions under Part 200, General Provisions. The adopted Subpart 227-1 includes lower particulate matter (PM) emission limits for existing and new stationary combustion installations that either predate, or are not subject to, a federal new source performance standard and/or national emissions standard for hazardous air pollutants. In addition, the Department has adopted revisions to Part 200 which incorporate by reference the applicable federal rule provisions. Adopted Subpart 227-1 will be submitted to EPA as a revision to the PM State Implementation Plan for New York State.
  10. Adopted Part 231 New Source Review, and Part 200 General Provisions - Effective February 25, 2021 (PDF). The Department has adopted the proposed revisions to Part 231 to conform to changes in the federal New Source Review (NSR) rule and related court rulings, including changes to NSR applicability based on emissions of greenhouse gases (GHGs) and certain monitoring and impact assessment requirements for particulate matter or particles with an aerodynamic diameter less than or equal to 2.5 micrometers (PM-2.5). The Department is also proposing to revise Part 231 to update the listed Global Warming Potentials, remove specific references to dispersion modeling guidance, and specify when oxides of nitrogen offsets can be used for both ozone and PM-2.5. Lastly, this proposed rule will make clarifying changes and fix minor typographical errors.
  11. Part 1.11 - Deer Hunting Season - Adopted on January 27, 2021 Effective January 27, 2021.This rulemaking is to establish a bow and muzzleloader deer hunting season in the Southern Zone during the Christmas and New Year holiday week.
  12. Part 40 - Marine Fish - Commercial Tautog Tagging Program - Adopted on January 27, 2021. Effective on March 25, 2020. This rulemaking amends management strategies for tautog to require commercial tautog tagging.
  13. Adopted Part 230 Gasoline Dispensing Sites and Transport Vehicles, and Part 200 General Provisions - Effective February 11, 2021 (PDF). The Department has adopted a new Part 230 Gasoline Dispensing Sites and Transport Vehicles. New Part 230 further controls volatile organic compound emissions from gasoline dispensing sites and transport vehicles in New York State (NYS) by updating an outdated regulation, adding what is already required by federal regulation (40 CFR Part 63 Subpart CCCCCC) and removing Stage II vapor recovery control systems that have been replaced by on-board refueling and vapor recovery systems. The Department has also revised Part 200 General Provisions. Revisions to Part 200 incorporate by reference applicable federal and California Air Resources Board test methods; inspection procedures; and gasoline tanker truck marking, reporting and record retention provisions which are required by new Part 230. The adopted new Part 230 will be a component of the NYS State Implementation Plan.
  14. Adopted Part 235 Consumer Products, and Part 200 General Provisions - Effective February 11, 2021 (PDF). DEC is adopting Part 235 Consumer Products and Part 200 General Provisions to reduce Volatile Organic Compound (VOC) emissions from consumer products - those products used in the average household. Part 235 regulates many items used in and around the home, including cleaners, disinfectants, paint thinners, personal care products, and automotive fluids. The regulations set VOC content limits for new product categories and lower the VOC content limits for existing product categories. The Table of Standards is being updated to conform to the revised definitions, reflect new product categories, and provide the VOC limitations applicable to the products. This rulemaking will also make attendant changes to Part 200 regarding referenced documents.
  15. Subpart 225-1 Fuel Composition and Use - Sulfur Limitations - Effective February 4, 2021 (PDF) - The Department has adopted the proposed revisions to 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 adopted revisions to Subpart 225-1 add process sources and incinerators as stationary emission sources to which these revisions will apply in New York State (NYS). The adopted revisions also lower the sulfur-in-fuel limit for waste oil and correct minor typographical errors. Finally, the adopted revisions remove both 6 NYCRR subdivision 225-1.3(e) which cited 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 adopted revisions to Subpart 225-1 will be a component of the NYS State Implementation Plan.
  16. Adopted Part 496, Statewide Greenhouse Gas Emission Limits. Effective on December 30, 2020. This rule adopts limits on the emission of greenhouse gases in 2030 and 2050, as a percentage of 1990 emissions, per the requirements of the Climate Leadership and Community Protection Act. It applies to all emission sources in the State, but the rule does not itself impose compliance obligations.
  17. Part 40 - Marine Fish - Cooperative Multi-State Possession and Landing Program - Adopted on December 9, 2020. Effective on January 14, 2020. 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.
  18. Part 242 CO2 Budget Trading Program - Effective December 31, 2020. The Department has adopted revisions to Part 242 to reflect the Regional Greenhouse Gas Initiative (RGGI) program changes set forth in the updated RGGI Model Rule. The revisions to Part 200 update incorporated references.
  19. Subpart 202-2 Emission Statements - Effective December 3, 2020. The Department is revising 6 NYCRR 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.
  20. Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles - Effective November 19, 2020. The adopted rulemaking revises compliance dates for BART and useful life waivers; updates the definition of heavy duty vehicle to incorporate changes made to the New York State Vehicle and Traffic Law that add additional exemptions; adds "on behalf of" to Section 248-3.1(d); clarifies the annual reporting requirement period under 248-6.1(a); and, corrects a typographical spacing error. These clarifications should assist regulated entities and prime contractors in complying with the Part 248 requirements. Heavy Duty diesel powered vehicles (including on-road and off-road) with engine models years older than 2007 are subject to BART and ULSD requirements. This regulation includes some exemptions for certain vehicles used in certain situations (emergency, agriculture, non-road construction, timber).
  21. Part 40 Marine Fish - Recreational Bluefish - Adopted on September 30, 2020. Effective on May 8, 2020. The 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.
  22. Adopted Part 494, Hydrofluorocarbon Standards and Reporting - The adopted rule establishes prohibitions with effective dates starting in 2021 that were previously included in the US Environmental Protection Agency's Significant New Alternatives program to prohibit hydrofluorocarbon (HFC) substances in certain end-uses. The adopted rules also include related administrative and record-keeping requirements for manufacturers.
  23. Part 2.3 Migratory game bird hunting regulations - Adopted and effective on September 9, 2020. This rulemaking is to bring New York State migratory game bird hunting regulations into compliance with Federal Code of Regulations.
  24. Section 190.38 Brookfield Trail System - Effective on August 19, 2020. This rulemaking will protect natural resources and public safety on the Brookfield Trail System, a system of trails designated for use by horses, llamas and mountain bikes, located on three reforestation areas covering more than 13,000 acres in Chenango and Madison counties.
  25. 6 NYCRR Parts 622, 620, 621 and 624 - Effective September 16, 2020. The adopted rule repeals and replaces Part 622, Uniform Enforcement Hearing Procedures, to clarify the hearing process for administrative enforcement proceedings. In addition, the adopted rule amends 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 and amends 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.
  26. Part 10 Sportfishing Regulations & Part 40 Marine Fish: Striped Bass - Adopted on August 19, 2020. Effective on March 31, 2020. This rulemaking 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.

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