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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 (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. Comments will be accepted through September 30, 2019.
  2. Part 182 - Section 1.0301 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. Comments will be accepted through November 10, 2019.
  3. Part 189, Sections 03-0301, 11-0325 and 11-1905 Chronic Wasting Disease - This rulemaking is to amend regulations to reduce risk of introductions of infectious material into New York. Comments will be accepted through October 7, 2019
  4. Part 218-7, Aftermarket Parts - The Department is proposing to amend Part 218 to incorporate revisions to aftermarket catalytic converter (AMCC) standards incorporated in the low emission vehicle (LEV) program; and to update various provisions incorporated by reference in Part 200. Comments will be accepted through November 13, 2019.
  5. Part 222, Distributed Generation Sources - The Department is proposing to adopt a new 6 NYCRR Part 222, "Distributed Generation Sources" to replace the rule adopted on November 1, 2016. The new rule would apply to demand response and price-responsive generation sources located in the NYC metropolitan area as defined at 6 NYCRR Part 200.1(au). Comments will be accepted through November 25, 2019.
  6. 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. Comments will be accepted through November 13, 2019.
  7. 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. Comments will be accepted through November 13, 2019.
  8. Subpart 227-2, Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx) and Part 200, General Provisions - The proposal for Subpart 227-2 will entail the removal of dated references, emission limitations, and practices. The proposal for Part 200 will entail the updating of references. Following adoption, Subpart 227-2 will be submitted to EPA as a revision to the State Implementation Plan for New York State. Comments will be accepted through September 23, 2019
  9. 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. Comments will be accepted through October 7, 2019
  10. Part 257, Air Quality Standards and Classifications - 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. Comments will be accepted through September 23, 2019.
  11. 6 NYCRR Parts 370-374 and 376 - DEC is proposing to revise 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. Comments will be accepted from June 12, 2019 through August 26, 2019.

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. 6 NYCRR Part 40 - Commercial Scup - This rulemaking is necessary to implement the required measures to remain consistent with National Oceanic and Atmospheric Administration Fisheries regulations.
  3. Parts 151, 153, 170, 174, 182 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.
  4. Part 186 - Feeding of wild deer and moose, use of 4-PosterTM devices - 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.
  5. Part 226 Solvent Metal Cleaning Processes - This proposal will establish lower VOC limits to cold cleaning solvents and remove the stipulation that they only apply to the cleaning of metal. Existing Part 226 will be re-designated Subpart 226-1 to accommodate the addition of a new rule, Subpart 226-2 Industrial Cleaning Solvents, which establishes VOC content limits for cleaning solvents used in operations not covered by other regulations.
  6. 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 - 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.
  7. Part 205 Architectural and Industrial Maintenance (AIM) Coatings - 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.

Emergency Regulatory Actions

  1. 6 NYCRR Part 40 - Commercial Scup - This rulemaking is necessary to implement the required measures to remain consistent with National Oceanic and Atmospheric Administration Fisheries regulations. Comment period closed.
  2. 6 NYCRR Part 40 - Marine Fish - Recreational Scup - 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. The emergency rule went into effect on June 20, 2019 and will remain in effect for 90 days. This notice will be published in issue 28 of the State Register, dated July 10, 2019. Comments will be accepted from July 10, 2019 through September 9, 2019
  3. 6NYCRR 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 the standards.

Recently Adopted Regulations (Previous Twelve Months)

  1. 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.
  2. Adopted Subpart 482-2 Operating Program Fee - Effective date: June 19, 2019. 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).
  3. 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.
  4. Part 44 Jonah Crab - Adopted June 5, 2019. Effective June 5, 2019 - This rulemaking is necessary to comply with the Jonah Crab Fisheries Management Plan.
  5. Part 40 Striped Bass - Adopted on May 15, 2019. Effective on May 15, 2019 - This rulemaking proposes to open the commercial striped bass season two weeks earlier. There will be no changes to the commercial striped bass quota.
  6. Proposed Part 251, CO2 Performance Standards for Major Electric Generating Facilities - Effective on June 8, 2019 - The amendments to 6 NYCRR Parts 251 and 200 establish carbon dioxide (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, and update incorporated references to federal rules.
  7. Adopted Parts 243, 244, 245 - Effective on January 2, 2019. 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.
  8. 6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands - Adopted on November 14, 2018. Effective on November 14, 2018 This rulemaking is necessary to prevent the harvest of shellfish from areas that do not meet water quality standard and protect the public health.
  9. 6 NYCRR Part 40 - Black Sea Bass - Adopted on November 14, 2018. Effective on June 20, 2018. Black Sea Bass - This rulemaking is in response to changes required by the Atlantic States Marine Fisheries Commission's fishery management plan for black sea bass.
  10. 6 NYCRR Part 44 - Lobster - Adopted on September 5, 2018. Effective on April 26, 2018. 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.

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