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Proposed, Emergency, and Recently Adopted Regulations

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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 44 - Lobsters and Crabs (Jonah Crab) - This proposed rulemaking will define the Jonah Crab directed trap fishery and establish bycatch limits. These amendments are intended to protect Jonah Crab and are consistent with requirements of the Atlantic States Marine Fisheries Commission (ASMFC) Jonah Crab fishery management plan (FMP). Comment period is open through November 6, 2023.
  2. 6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands & Part 47 - Certification of Shellfish Lands - The proposed rule is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Comment period is open through September 25, 2023.
  3. DER-41 - DER is issuing proposed guidance, DER-41 - Financial Assurance (FA) Guidance for Sites in the State Superfund Program and Brownfield Cleanup Program, for public comment along with proposed language for FA instruments. DER is accepting written comments through September 12, 2023.
  4. Part 10 - Sportfishing & Part 40 - Marine Fish (Striped Bass Size Limit) - This rulemaking is required to adopt new recreational slot size for Atlantic Striped Bass in marine waters south of the George Washington Bridge and in the Delaware River and its West Branch bordering Pennsylvania, from 28 to 35 inches to 28 to 31 inches as required by emergency action taken by the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Striped Bass Management Board on May 2, 2023. Comment period is open through September 5, 2023.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 42 - Shellfish Control - This rulemaking is necessary to bring New York State regulations into compliance with the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish 2019 Revision (Model Ordinance). The proposed rulemaking would benefit regulated permit holders by making it easier to understand safe shellfish handling requirements.
  2. Part 40 - Marine Fish (Black Sea Bass & Scup) - This rulemaking is necessary for New York State to implement and remain in compliance with recent Atlantic States Marine Fisheries Commission (ASMFC) changes to recreational Scup and Black Sea Bass harvest. ASMFC and Mid-Atlantic Fishery Management Council (MAFMC) require recreational harvest reductions for Scup and Black Sea Bass after multiple years exceeding the recreational harvest limit for both species coastwide. Comment period is open through July 17, 2023. Part 40 - Marine Fish (Sharks) - The proposed rulemaking amends gear restrictions for recreational shore anglers to enhance law enforcement's ability to protect sharks. These amendments will establish maximum hook sizes and maximum metal leader lengths for shore anglers, limits the deployment of baited hooks to rod and reel only for shore anglers, and prohibits chumming near shore. The proposed rulemaking also adds new handling and release methods for all sharks to improve both shark and angler safety.
  3. Parts 701 and 703 - Saline Water Quality Standards - This rulemaking establishes new water quality standards protective of best usages of shellfishing, primary contact recreation, and secondary contact recreation in saline surface waters of New York State. The proposed water quality standards also protect primary contact recreation suitability.
  4. DMN-1: Mined Land Reclamation Law Civil Penalty Policy - This draft policy document, issued by the DEC Division of Mineral Resources, outlines procedures for calculating civil penalties associated with violations of the Mined Land Reclamation Law, its implementing regulations and permits issued pursuant thereto.
  5. 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.
  6. Parts 10 and 40 - Shad and Cobia - This rulemaking is required to maintain New York's consistency with fishery management plans for transboundary and migratory species as required by Environmental Conservation Law (ECL) § 13-0105. This rule making will implement Atlantic States Marine Fisheries Commission (ASMFC) requirements for recreational American Shad and Cobia.
  7. Part 39 and Part 175 - Special licenses and permits; Marine Resources licenses and permits - Uniform Procedures - This rulemaking adds Part 39 and amends Part 175 to clarify the processes for issuance and management of marine resources and special fish and wildlife licenses and permits. In addition, the proposed Part 39 establishes the process by which the Department may temporarily suspend a shellfish dealer permit where violations by the permit holder present a danger to human health.
  8. Part 40 - Marine Fisheries - Black Sea Bass and Scup - This rulemaking adopts new recreational regulations for black sea bass and scup to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) and Mid-Atlantic Fishery Management Council (MAFMC) fishery management plans.
  9. Part 41 - Sanitary Conditions of Shellfish Lands (2022) - rulemaking is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes.
  10. 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.
  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.
  12. 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.
  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. 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.
  15. 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.
  16. Part 190.39 - New Neversink River Riparian Corridor Regulations - This rulemaking is being proposed to protect public health, safety, and natural resources within the Neversink River Riparian Corridor by addressing overuse and degradation occurring within the Corridor.
  17. Proposed Part 199 - The proposed rulemaking aims to improve the Forest Tax Law program by lessening the administrative burdens placed on participants and Department staff while strengthening the sustainable forest management standards.
  18. Repeal Parts 206, 250, 256, and Subchapter C, Air Quality Area Classifications Parts 260-317 - The Department is proposing to repeal 6 NYCRR Part 206, "State Aid for General Air Pollution Work, New York City;" 6 NYCRR Part 250, "Miscellaneous Orders;" 6 NYCRR Part 256, "Air Quality Classification System;" and Subchapter C, Air Quality Area Classifications, 6 NYCRR Parts 260-317; because they are obsolete. The Department is also proposing to revise Part 257, "Air Quality Standards" to remove references to 6 NYCRR Part 256. In addition, the Department is proposing to revise Part 200, "General Provisions" to update and remove attendant references.
  19. Proposed Subpart 217-5 Heavy Duty Inspection and Maintenance Program - The Department is proposing a revision to 6 NYCRR Subpart 217-5, "Heavy Duty Inspection and Maintenance Program." The proposed rule revision would revise HDDV I/M requirements to be implemented through the next statewide New York Vehicle Inspection Program (NYVIP3).
  20. Part 375 - Environmental Remediation Programs - This rule-making provides updates to DEC's Environmental Remediation Programs (BCP, SSF, and ERP) and soil clean-up objectives (SCOs).
  21. 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.
  22. Proposed Amendments to 6NYCRR 621, 421, 601 - The proposed amendments would, among other things, provide further clarity and promote expeditious, comprehensive, and thorough review of UPA permit applications.
  23. Proposed Amendments to 6 NYCRR 750-1.25, " References." - The proposed rule making would revise references contained in 6 NYCRR 750-1.25 to include the most updated version of the referenced statutes, regulations, and guidance.

Emergency Regulatory Actions

  1. Part 10 - Sportfishing & Part 40 - Marine Fish (Striped Bass Size Limit). This rulemaking is required to adopt new recreational slot size for Atlantic Striped Bass in marine waters south of the George Washington Bridge and in the Delaware River and its West Branch bordering Pennsylvania, from 28 to 35 inches to 28 to 31 inches as required by emergency action taken by the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Striped Bass Management Board on May 2, 2023. The Emergency Rule went into effect on May 1, 2023, and will remain in effect for 90 days.
  2. Part 40 - Marine Fish (Striped Bass) - This rulemaking is required to ensure that New York maintains compliance and consistency with requirements of the Atlantic States Marine Fisheries Commission's (ASMFC) Interstate Fishery Management Plan (FMP) for Atlantic striped bass. The FMP requires that states adopt a prohibition on the use of gaffs when fishing for striped bass during the recreational season. This rulemaking also removes the commercial tag price cap and updates federal reporting requirements. The Emergency Rule went into effect on March 7, 2023, and will remain in effect for 90 days.
  3. Emergency 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 Rulemaking will be available in the October 27, 2021 issues of the State Register and the Environmental Notice Bulletin.

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 621 with conforming changes to parts 421 and 601 - Adopted August 31, 2023, Effective December 26, 2023. The revisions include designation of additional "minor" projects, addition of provisions for electronic documents and e-business, and incorporation of recent acts of the Legislature in consideration of climate change and environmental justice in permitting.
  2. 40 - Marine Fish (Black Sea Bass & Scup) - Adopted September 6, 2023 - This rulemaking is necessary for New York State to implement and remain in compliance with recent Atlantic States Marine Fisheries Commission (ASMFC) changes to recreational Scup and Black Sea Bass harvest. ASMFC and Mid-Atlantic Fishery Management Council (MAFMC) require recreational harvest reductions for Scup and Black Sea Bass after multiple years exceeding the recreational harvest limit for both species coastwide.
  3. Part 218 Advanced Clean Cars II (ACC II) - Effective September 4, 2023 - The amendments to 6 NYCRR Part 218 incorporate California's latest advanced clean cars (ACC II) zero emission vehicle (ZEV) and low emission vehicle (LEV IV) standards into New York's existing LEV program.
  4. Part 218 HD Omnibus/Phase 2 Greenhouse Gas (P2 GHG) - Effective September 4, 2023 - The rulemaking incorporates the State of California's Heavy-Duty Omnibus Low NOx (oxides of nitrogen) regulation ("HD Omnibus") and Phase 2 Greenhouse Gas ("Phase 2 GHG") Standards for Medium- and Heavy-Duty vehicles.
  5. Adopted Subpart 482-2 Operating Program Fee - Effective August 2, 2023. 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.
  6. Part 596-599 - Chemical Bulk Storage Regulations - Principally intended to harmonize existing State Requirements with federal requirements found in 40 CFS Part 280. The rulemaking is adopted and published in the State Register on July 19, 2023. New requirements for operator training and financial assurance will be effective on October 17, 2023.
  7. Part 613 - Petroleum Bulk Storage Regulations - 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. The rulemaking is adopted and published in the State Register on July 19, 2023. New requirements for operator training and financial assurance will be effective on October 17, 2023.
  8. Adopted Part 203 Oil and Natural Gas Sector, and Part 200 General Provisions - Effective March 3, 2022 -
    The Department has adopted 6 NYCRR Part 203 and Part 200. Part 203 will regulate volatile organic compounds (VOCs) and methane (CH4) emissions from the oil and gas sector. This regulation will fulfil three New York State obligations: (1) reduce greenhouse gases (GHGs) in support of the requirements of the Climate Leadership and Community Protection Act (CLCPA), (2) reduce associated VOCs, and (3) fulfill the requirements of the Environmental Protection Agency's (EPA) 2016 Control Techniques Guidelines (CTG) for the oil and gas industry.
  9. Adopted Parts 360-366, 369, 371, 377 - Adopted June 7, 2023, Effective July 22, 2023. The revisions include technical amendments and clarifications, as well as updated criteria needed due to legal and policy developments. Part 371 addresses the identification and listing of hazardous wastes. Errors in cross-referencing have been corrected in Part 377.
  10. Part 190.10 - New Rush Oak Openings Unique Area Regulations - Effective May 24, 2023. The proposed rulemaking will protect public safety and natural resources on the Rush Oak Openings Unique Area while providing a quality outdoor experience for users. The Rush Oak Openings Unique Area contains the only remaining intact Oak-Savanna habitat in NYS. Consistent with recommendations in the latest Unit Management Plan, this rulemaking would prohibit certain activities in the Rush Oak Openings Unique Area to protect it from recreational overuse and to control the spread of invasive species.
  11. Adopted Parts 370, 371, 373, 374, and 376 - Adopted May 24, 2023. Effective July 8, 2023. The revisions include the provisions of EPA's Aerosol Cans Rule (2019) and designate hazardous waste paint as a universal waste to support implementation of New York's new paint take back program.
  12. Adopted Part 325 - Glyphosate use on state property - Adopted May 3, 2023, Effective May 3, 2023. The addition to Part 325 establishes regulations for the use of glyphosate on state properties by state departments, state agencies, public benefit corporations, and their contractors and subcontractors. Furthermore, this addition requires the collection of information on glyphosate applications from state departments, state agencies, public benefit corporations, and their contractors and subcontractors for applications on state property.
  13. 6 NYCRR Part 750-1.25, Incorporation by Reference - Adopted March 22, 2023. The adopted rule making amends 6 NYCRR Part 750-1.25 to update references contained in this section to include the most updated version of the referenced statutes, regulations, and guidance.
  14. 190.35 Peekamoose Valley Riparian Corridor - Effective January 25, 2023. The emergency/proposed rulemaking 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.
  15. Part 40 - Shortfin Mako - Adopted on December 14, 2022. Effective on July 26, 2022. This rulemaking will prohibit possession of shortfin mako (Isurus oxyrinchus) in New York's recreational and commercial fisheries. This rulemaking must be adopted as soon as possible for New York to remain in compliance with Atlantic States Marine Fisheries Commission (ASMFC) requirements by closing New York waters to shortfin mako harvest.
  16. Part 40 - Marine Fisheries - Summer Flounder - Adopted on September 21, 2022. Effective on April 28, 2022. This rulemaking adopts less restrictive recreational harvest recreational fishing requirements for summer flounder.
  17. Part 40 - Marine Fisheries - Black Sea Bass and Scup - Adopted on November 9, 2022. Effective on June 21, 2022. This rulemaking adopts new recreational regulations for black sea bass and scup to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) and Mid-Atlantic Fishery Management Council (MAFMC) fishery management plans.
  18. Part 41 - Sanitary Conditions of Shellfish Lands (2022) - Adopted on November 16, 2022. Effective on June 27, 2022. This rulemaking is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes.
  19. Adopted Policy DAR-21: The Climate Leadership and Community Protection Act and Air Permit Applications - This policy document, issued by the New York State Department of Environmental Conservation (DEC) Division of Air Resources, outlines the requirements for analyses developed pursuant to Section 7(2) of the Climate Leadership and Community Protection Act (CLCPA) in support of air pollution control permit applications.
  20. Part 1.4 - Amendments to Turkey Hunting Seasons on Long Island and Statewide Shot Size Restrictions - Adopted on August 8, 2022. Effective on September 1, 2022. This rulemaking would establish a regular spring turkey hunting season on Long Island with a 1-bird bag limit and would amend the minimum shot size restriction to allow the use of shot sizes as small as #9.

More about Proposed, Emergency, and Recently Adopted Regulations:

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