Regulatory Agenda

DEC January 2024 Regulatory Agenda, 3-Year Rule Review, and 5-Year Rule Review

Introduction

Each year, pursuant to SAPA, the Department publishes a Regulatory Agenda in the State Register and on its website. This is a listing of the regulations that may be proposed for adoption or amendment within that calendar year.

Division of Air Resources

6 NYCRR Part 200, "General Provisions." Section 200.1 will be amended to update the definition for volatile organic compound and the associated list of compounds that are not volatile organic compounds. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Mike Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3251. Telephone 518-402-8396. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 200, “General Provisions.” Section 200.9, “Referenced Material,” will be amended to incorporate State of California legacy engine revisions to the Heavy-Duty Low NOx Omnibus regulation, previously adopted by the Department in 2022. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Mitch Tabor, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3255. Telephone 518-402-8292. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 200, "General Provisions." Section 200.10 will be amended to update the list of federal air regulations the Department has incorporated by reference. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Steve Yarrington, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 212, “Process Operations.” This proposal will repeal Subpart 212-4, “Control of Nitrogen Oxides for Hot Mix Asphalt Production Plants” and create a new regulation, Subpart 220-3, “Hot Mix Asphalt Plants,” to specifically address the emissions of particulate, carbon monoxide, sulfur dioxide, nitrogen oxides (NOx) and High Toxicity Air Contaminants (HTAC) such as formaldehyde, benzene and polycyclic aromatic hydrocarbons. The anticipated regulation will streamline compliance and enact stricter emissions control equipment requirements for new sources built after the applicability date, while also addressing emissions from existing facilities with installation of similar controls on a scheduled reduction plan based upon facility size. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis and a Job Impact Analysis. This rulemaking is currently underway and is anticipated to be adopted in early-mid 2024. 
Contact: Mike Miliani, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 218: Revisions to Part 218, “Emission Standards for Motor Vehicles and Motor Vehicle Engines," and Section 200.9 (incorporation by reference) to incorporate all, or portions of, the State of California's Advanced Clean Fleets (ACF) regulation. This regulation was adopted in California in 2023 and includes medium and heavy-duty truck fleet purchase requirements for three fleet categories: drayage trucks, high priority & federal fleets, and state and local government fleets. The ACF regulation also includes a medium- and heavy-duty manufacturer 100% zero emission truck sales requirement beginning in 2036. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Scott Wajda-Griffin, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8292. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 220: Revisions to Subpart 220-1 , “Portland Cement Plants,” will include minor changes to better align with federal particulate emission and nitrogen oxide monitoring and reporting regulations, which will reduce State monitoring costs. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, a Rural Area Flexibility Analysis and a Job Impact Statement. This rulemaking is currently underway and is anticipated to be adopted in early-mid 2024. 
Contact: Mike Miliani, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Subpart 228-1, "Motor Vehicle and Mobile Equipment Repair and Refinishing" (MVMERR). Subpart 228-1 will be revised to lower the VOC content limits of surface coatings used in motor vehicle and mobile equipment repair and refinishing (MVMERR). This is consistent with a model rule developed by the Ozone Transport Commission (OTC) in 2009 (OTC MVMERR Model Rule). This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Marie Barnes, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 229, “Petroleum and Volatile Organic Liquid Storage and Transfer.” This proposal will include amendments to address volatile organic compound emissions from petroleum bulk storage terminals during certain tank transfer and cleaning procedures. Division of Air Resources will also consider other amendments to the rule as appropriate. This rulemaking will require a Rural Area Flexibility Analysis and Regulatory Flexibility Analysis for Small Business and Local Governments.
Contact: Drew Hoffert, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: [email protected] . Please include the Part number when e-mailing.

6 NYCRR Part 231, “New Source Review for New and Modified Facilities.” This proposal will include amendments to require provisions for facilities located in areas designated as nonattainment for sulfur dioxide (SO2). Additionally, Division of Air Resources proposes to amend the definitions of “nonattainment area” at 200.1(av) and “major stationary source or major source or major facility” at 201-2.1(b)(21). Division of Air Resources may also consider revising the requirement to commence construction in 231-3.7, which may necessitate consideration of an analogous provision in 201-1.15.
Contact: Steve Yarrington, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 252, “New York Cap-and Invest Program.” To address the requirements of the Climate Leadership and Community Protection Act and ensure achievement of the Statewide greenhouse gas emission limits, a new Part 252 will be adopted reflecting recommendations in the Climate Action Council’s final Scoping Plan to create an economywide cap-and-invest program for greenhouse gas emissions.  This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Nathan Putnam, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3251. Telephone 518-402-8396. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 253, “Mandatory Greenhouse Gas Reporting Program.” To address the requirements of the Climate Leadership and Community Protection Act and ensure achievement of the Statewide greenhouse gas emission limits, a new Part 253 will be adopted to collect greenhouse gas emissions in support of the economywide cap-and-invest program and the annual greenhouse gas emissions inventory.  This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Nathan Putnam, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3251. Telephone 518-402-8396. Email: [email protected]. Please include the Part number when emailing.

Office of Climate Change

6 NYCRR Part 490, “Projected Sea-level Rise.” Statutory Authority: Environmental Conservation Law (ECL), Section 3-0319. Part 490 establishes projections of sea-level rise for relevant geographic regions of New York over various time intervals and was adopted in 2017. The Department will propose updates to Part 490 as required by ECL Section 3-0319 per the Community Risk and Resiliency Act. 
Contact: Suzanne Hagell, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1030. Telephone: 518-402-8448. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 492, Climate Smart Community Projects. Statutory Authority: Environmental Conservation Law (ECL) Article 54, Title 15. Part 492 establishes procedures to implement municipal projects funded under this statute. The Department will propose changes to Part 492, including those necessary to comply with statutory amendments to Environmental Conservation Law (ECL) Article 54, Title 15 including per the Climate Leadership and Community Protection Act. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.

6 NYCRR Part 494, “Hydrofluorocarbon Standards and Reporting.” Statutory Authority: Environmental Conservation Law (ECL),Section 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105, 75-0101, 75-0107, 75-0109. Part 494 establishes prohibitions on HFC substances in specified end-uses. The Department will amend Part 494 following recommended strategies from the Climate Action Council Scoping Plan for reducing HFC emissions, including in the building and waste sectors. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Suzanne Hagell, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1030. Telephone: 518-402-8448. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 495, “Sulfur Hexafluoride Standards and Reporting.”Statutory Authority: Environmental Conservation Law (ECL), Section 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105, 75-0101, 75-0107, 75-0109. This rulemaking will satisfy recommendations from the Climate Action Council Scoping Plan regarding electricity transmission and distribution equipment. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Suzanne Hagell, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-1030. Telephone: 518-402-8448. E-mail: [email protected]. Please include the Part number when emailing.

Division of Environmental Permits

6 NYCRR Part 617, State Environmental Quality Review (SEQR). DEC proposes to amend the regulations that implement SEQR to incorporate consideration of environmental justice in SEQR reviews (as required by Chapter 49 of the Laws of 2023). DEC expects to make conforming changes to the environmental assessment forms in 6 NYCRR 617.20 along with ancillary amendments to other provisions in 6 NYCRR. DEC also expects to amend the list of Type II actions set out in 6 NYCRR 617.20 (that are not subject to further review under SEQR) set out in 6 NYCRR 617.5 and that are published on DEC’s website. These would include Type II actions related to the addition of certain multifamily housing and inclusion of approvals issued by the Office of Renewable Energy Siting to conform with statutory changes that excluded such actions from SEQR review. DEC also expects to make general housekeeping changes to the regulations including the environmental assessment forms. This rule making will require, among other things, a Regulatory Impact Statement, a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: James Eldred, Environmental Analyst, New York State Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9158. E-mail: [email protected].

6 NYCRR Part 621, Uniform Procedures Act (UPA). DEC proposes to make changes to UPA required by Chapter 49 of the Laws of 2023 to include a detailed set of provisions incorporating analysis of environmental justice into certain UPA permits. This rule making will require, among other things, a Regulatory Impact Statement, a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: James Eldred, Environmental Analyst, New York State Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9158. E-mail: [email protected].

Division of Environmental Remediation 

6 NYCRR Parts 597 and 598, Chemical Bulk Storage Regulations. The existing regulation will be amended to: (1) address future physical climate risk (e.g., sea-level rise, storm surges, flooding, etc.) especially as they pertain to the design, installation, operation, maintenance, and periodic inspection/testing/monitoring of CBS tanks at new or existing facilities; and (2) resolve any discrepancies between certain requirements, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Frank Bondi, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: [email protected] Please include 'Parts 597 and 598' in the subject line when e-mailing.

6 NYCRR Part 610, Certification of Onshore Major Facilities. The existing regulation will be repealed and replaced to: (1) incorporate appropriate language from the New York State Department of Transportation regulations, 17 NYCRR Parts 30, 31 and 32, that pertains to the administration of the MOSF program, which has been solely handled by the Department since 1985; (2) repeal 17 NYCRR Parts 30, 31 and 32; (3) improve the consistency and clarity of language directing the administration of the MOSF program, which would make explicit in regulation the procedures for licensing MOSFs; and (4) enhance monitoring, maintenance, procedures, and equipment requirements to prevent leaks and spills, by reflecting language from the updated Part 613 and any pertinent federal regulations. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Amiel Lagatic, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: [email protected] Please include 'Part 610' in the subject line when e-mailing.

6 NYCRR Part 611, Environmental Priorities and Procedures in Petroleum Cleanup and Removal. The existing regulation will be repealed and replaced to incorporate requirements from Article 12 of the Navigation Law, which prohibits the discharge of petroleum and provides for cleanup and removal of any petroleum discharge. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Kevin Hale, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: [email protected] Please include 'Part 611' in the subject line when e-mailing.

6 NYCRR Part 613, Petroleum Bulk Storage Regulations. The existing regulation will be amended to: (1) address future physical climate risk (e.g., sea-level rise, storm surges, flooding, etc.) especially as they pertain to the design, installation, operation, maintenance, monitoring, testing, and inspection of PBS tanks at new or existing facilities; (2) incorporate additions to the NYS Environmental Conservation Law; and (3) resolve any discrepancies between certain requirements, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Amiel Lagatic, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: [email protected] Please include 'Part 613' in the subject line when e-mailing.

Division of Fish and Wildlife

6 NYCRR Part 182, Endangered and threatened fish and wildlife. The existing regulation will be updated to implement the Endangered and Threatened Species Mitigation Bank Fund as required under the 2020 Accelerated Renewable Energy and Community Smart Growth Act and amend the list of endangered, threatened and special concern species.  This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Daniel Rosenblatt, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8884. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 182, Endangered and threatened fish and wildlife. The existing regulation will be updated to revise the lists of endangered, threatened and special concern species.  This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Daniel Rosenblatt, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8884. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 189, Pertaining to Chronic Wasting Disease. Statutory Authority: Environmental Conservation Law, sections 03-0301, 11-0325 and 11-1905. The New York State Interagency Chronic Wasting Disease (CWD) Risk Minimization Plan was finalized in May 2018. To prevent the introduction of CWD into the state and protect New York’s wild deer and moose from the persistent spread of this always-fatal disease, additional measures are being considered as described in the Risk Minimization Plan. This rule making will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. 
Contact: Jeremy Hurst, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 1.30, Deer management assistance program. Statutory Authority: Environmental Conservation Law, sections 03-0303 and 11-0903. The existing regulation will be amended to improve conservation outcomes and increase efficiency in program administration. This rule making will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. 
Contact: Jeremy Hurst, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 2.25, Hunting upland game birds. Statutory Authority: Environmental Conservation Law, sections 03-0303 and 11-0903. The existing regulation will be amended to expand areas of the state open to hunting female pheasants. This rule making will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. 
Contact: Joshua Stiller, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 177, Sporting License Issuance and Use. Statutory Authority: Environmental Conservation Law, sections 11-0713 and 11-0715. The existing regulation will be amended to authorize License Issuing Agents and online fulfillment centers to levy a fee for the printing and/or mailing of hunting and trapping licenses. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments but will not require a Rural Area Flexibility Analysis. 
Contact: Kevin Maloney, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8843. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Parts 1 and 180, multiple sections pertaining to Hunting Deer, Black Bear, and Turkey and Game Species Reporting. Statutory Authority: Environmental Conservation Law, sections 11-0903 and 11-0911. The existing regulation will be amended to accommodate use of electronic carcass tags. This rule making will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Jeremy Hurst, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Parts 54, 63, 71, 84, 102, 104, 105, 106, 108, and 113. Area-specific regulations for Wildlife Management Areas. Statutory Authority: Environmental Conservation Law, section 11-2101. The existing regulations will be revised to address redundancy or inconsistency with 6 NYCRR Part 51. There is also a need for new area-specific regulations in addition to 6 NYCRR Part 51 to address public use, clarify required permits, and reduce reliance on posted notices at Baxtertown Woods, John White, Oak Orchard, and Tonawanda Wildlife Management Areas (WMAs). This rule making will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Katherine Yard, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 10, pertaining to the permitting and reporting of fishing tournaments. The Department may propose the creation of a sportfishing (freshwater) tournament permitting and reporting system for black bass. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. 
Contact: Jeffrey Loukmas, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8901. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 10, pertaining to Inland Trout Streams. The Department may propose amendments to re-categorize select Inland Trout Streams based on angler use and fisheries survey information. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. 
Contact: Fred Henson, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8901. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 10 – pertaining to special regulations for black bass in Lake Ontario and the St. Lawrence River. The Department may propose amendments to 6 NYCRR 10.2 to better harmonize New York’s black bass regulations with the Province of Ontario for Lake Ontario and the St. Lawrence River for improved management on this shared waterbody. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. 
Contact: Jana Lantry, New York State Department of Environmental Conservation, 317 Washington St., Watertown, NY 13601-3787. Telephone: (315) 785-2258. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 664, pertaining to Freshwater Wetlands Maps and Classifications. The Department must propose new regulations to enact recently passed changes to the Freshwater Wetlands Law (Article 24). Regulations must be adopted and implemented by January 1, 2025. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. 
Contact: Roy Jacobson, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8853. E-mail:  [email protected]. Please include the Part number when emailing.

Office of Hearings and Mediation Services

6 NYCRR Part 624, Permit Hearing Procedures. The Department proposes to amend procedures governing public comment hearings, issues conferences, adjudicatory hearings, and interim appeals to the Commissioner from issues rulings of the Administrative Law Judges, to clarify the procedures governing the conduct of proceedings and motion practice, to revise certain definitions and to make various typographical, technical, and related corrections. 
Contact: Michael S. Caruso, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York 12233-1500. E-mail: [email protected]  Please include the Part number when e-mailing.

Division of Lands and Forests

6 NYCRR Part 190, Use of State Lands, Hemlock-Canadice State Forest (Livingston-Ontario State Reforestation Area No.1). Amend existing section 190.26 by applying further restrictions on public use to protect the public water supply since Hemlock and Canadice lakes are a direct source of public water for the city of Rochester and other communities. Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands, Salt Hill State Forest. Amend Part 190 to include a new section, Salt Hill State Forest. These regulations will protect public safety and natural resources on the state forest. 
Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands. Amend the existing regulation to clarify allowable uses of edible plant material found on state-owned land. 
Contact: Barbara Lucas, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands. Amend Part 190 to include a new section, 

St. Regis Canoe Area. These regulations will protect the natural resources in the 

St. Regis Canoe Area from overuse by applying restrictions to group size, camping, campfires and other activities. 
Contact: Peter J. Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 190, Adirondack Rail Trail.  These regulations will set speed limits for the Adirondack Rail Trail for multiple users to ensure public safety.  
Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands, Amend Part 190 to include a new section, Forest Preserve Health and Safety Land Account and Utility Lines/Bicycle Paths. These regulations, authorized by amendments to Article XIV of the New York State Constitution, establish a “land account” for forest preserve land that can be used for certain types of public health and safety projects and for burial of utility lines in road corridors crossing forest preserve lands as well as allowing bicycle trails in these corridors. 
Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, 

E-mail: [email protected]

6 NYCRR Section 190.13, Wilderness Areas in the Adirondack Park.  These regulations will address public use on Wilderness Areas in the High Peaks Complex to ensure natural resource protection and public safety while providing a positive user experience.    
Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

                                                                                                                                                    6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend sections 196.3 and 196.4, Operation of Motor Vehicles on the Limekiln Lake-Cedar River Road and Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve.  These regulations will be updated to be consistent with management activities for the Unit, as well as establishing a speed limit for motor vehicles and snowmobiles and restricting use of mechanically propelled vessels on certain bodies of water. 
Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 199, Taxation of Forest Land. Amend the existing regulations to update them and provide effective administration of the program by lessening the administrative burden on participants and provide clarity for addressing issues and situations that arise due to changing circumstances associated with private forest land ownership. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared.  
Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428, E-mail: [email protected]   

6 NYCRR Part 575, Prohibited and Regulated Invasive Species. Amend sections 575.3, Prohibited Invasive Species and 575.4, Regulated Invasive Species to update these lists. The purpose of this Part is to establish procedures to identify and classify invasive species and to establish a permit system to restrict the sale, purchase, possession, propagation, introduction, importation, and transport of invasive species in New York, as part of the Department of Environmental Conservation’s statewide invasive species management program, as required by ECL sections 9-1709 and 71-0703. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. 
Contact: Dave Adams, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4253, Telephone: (518) 402-9149 E-mail: [email protected]

Division of Marine Resources

6 NYCRR Part 10, Sportfishing Regulations. The Department is proposing amendments that pertain to the management of diadromous fish, including striped bass in the Hudson River and tributaries north of the George Washington Bridge, to maintain compliance with the interstate fishery management plan developed by the Atlantic States Marine Fisheries Commission. Proposed amendments could include changes to the season, minimum size limit, possession limit and the manner of take. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: John Maniscalco, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: [email protected]. Please reference 6 NYCRR Part 10 when emailing. 

6 NYCRR Part 11, More than One Species. The Department is proposing amendments that pertain to the management of diadromous fishes, including American eel, for taking, possessing, sale, or trafficking in the Harlem or East Rivers and the Hudson River. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. These amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation,123 Kings Park Blvd., Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: [email protected].  Please reference 6 NYCRR Part 11 when emailing.

6 NYCRR Part 18, Taking Bait. The Department is proposing amendments that pertain to the management of diadromous fishes to take as bait for sportfishing through the use of fishing devices. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. These amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation,123 Kings Park Blvd., Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: [email protected].  Please reference 6 NYCRR Part 18 when emailing.

6 NYCRR Part 35, Licenses. The Department proposes to establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. The Department also proposes to reduce the number of types of licenses issued and to increase the fees charged for certain licenses. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: John Maniscalco, New York State Department of Environmental Conservation,123 Kings Park Blvd, Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: [email protected].  Please reference 6 NYCRR Part 35 when emailing.

6 NYCRR Part 36, Gear and Operation of Gear. The Department is proposing amendments that pertain to the management of diadromous fishes in the Hudson and Delaware Rivers and are needed to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC) or as directed in the Federal Sustainable Fisheries Act for such species. The amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: John Maniscalco, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, New York 11754. Telephone: 631-444-0430. E-mail: [email protected].  Please reference 6 NYCRR Part 36 when emailing.

6 NYCRR Part 40, Marine Fish. The Department proposes to amend regulations pertaining to the management of marine and diadromous fishes, including striped bass, to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), or with the requirements of Environmental Conservation Law, or pursuant to the Federal Sustainable Fisheries Act for such species. Proposed amendments will also provide compliance with National Marine Fisheries Service requirements and other federal laws. The Department proposes to amend the regulations to define what methods are allowed for recreational anglers to take fish, including requirements related to the use of circle hooks. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters; and to create a definition for proof of residency and establish requirements for providing such proof of residency when obtaining marine licenses and permits. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters who also hold federal harvesting licenses. The amendment would require federal license holders to advise the Department if they are required to report to any federal agencies. In addition, the amendment would clarify reporting requirements specific to federal Highly Migratory Species (HMS) permits. The Department proposes to amend reporting requirements for Food Fish and Crustacea Dealers and Shippers license holders to more clearly detail information that must be included on purchase reports. The Department proposes to amend reporting requirements for Marine and Coastal District Party and Charter Boat License holders to require weekly reporting. The Department proposes to amend the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits and make changes to striped bass commercial fishing permit reissuance and striped bass commercial permit tag provisions. New regulations would be proposed to make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. The Department proposes to adopt regulations to establish a commercial eel permit with reporting requirements statewide, and to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession and sale is covered statewide. The Department proposes to amend commercial fishing regulations for American eel to establish quota-based fishing limits and closures. The Department proposes to adopt regulations which will require the use of bait bags when fishing with eel pots.The Department proposes to change the open season for striped bass commercial fishing. The Department proposes to adopt changes to the shipping, labeling and packing requirements to require harvester's fishing vessel trip report numbers on labels for quota managed species and adopt regulations to clarify provision for records retention by food fish shippers and dealers. The Department proposes amendments to establish seasonal area gear closures and gear modifications to decrease bycatch of Atlantic sturgeon. The Department proposes to adopt gear and manner of take restrictions for the shore-based shark fishery to discourage fishing on prohibited shark species. The Department also proposes to adopt handling requirements for recreational shark anglers to maximize the chances of survival of sharks being released. The Department proposes additional regulations that ensure New York State commercial and recreational fishermen remain in compliance with NOAA shark fishery requirements. The Department proposes amendments to establish rules pertaining to commercial tautog tag issuance, allocation, and accountability. The Department also proposes regulations governing the application of tags, the sale and possession of tagged and untagged fish, and reporting/record keeping requirements for harvesters and dealers as it pertains to tagged tautog. The Department proposes rules to implement gillnet and pot gear restrictions, marking requirements and other measures to comply with the federal Marine Mammal Protection Act. The Department proposes to adopt regulations that implement a northern puffer fish minimum size limit, possession limit and/or open season for recreational and/or commercial fisheries. The Department proposes to adopt regulations for the management of cobia, a quota-based fishery. The Department proposes to adopt regulations that would require Marine and Coastal District Party and Charter Boat License holders to retain racks of filleted scup and black sea bass for inspection by Law Enforcement. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: John Maniscalco, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0430. E-mail: [email protected].  Please reference 6 NYCRR Part 40 when emailing.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, the Department will propose to amend regulations that specify the classification (certified or uncertified) of shellfish lands. These amendments are necessary to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified or closed to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified (open) for the taking of shellfish. The Department also proposes that shellfish lands that have not been subject to a sanitary survey conducted within the previous twelve (12) years be designated as uncertified. Shellfish are defined in law as oysters, scallops, and all kinds of clams and mussels. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: Matt Richards, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0491. E-mail: [email protected].  Please reference 6 NYCRR Part 41 when emailing.

6 NYCRR Part 42, Sanitary Control Over Shellfish. The Department proposes to amend regulations pertaining to the sanitary, record keeping, and reporting requirements, as necessary, to protect public health and allow for the modification of any conditions placed on permit activities after the permit has been issued for shellfish harvesters and shippers needed to comply with the guidelines of the National Shellfish Sanitation Program (NSSP), the federal regulations regarding interstate shipment of shellfish, and the Environmental Conservation Law. The proposed regulations will modify the descriptions of allowable activities under each category of shellfish shipper permits and the harvester permit consistent with the NSSP and the Environmental Conservation Law and amend and clarify descriptions of shellfish harvest areas to clearly delineate geographical sites where shellfish are harvested. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: William Athawes, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0494. E-mail: [email protected].   Please reference 6 NYCRR Part 42 when emailing.

6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. The Department proposes to amend regulations pertaining to the management of surfclams and ocean quahogs that are consistent with the provisions of fishery management plans adopted by the Department and allow for the orderly implementation of any changes to the Environmental Conservation Law for the surfclam fishery. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: Chelsea Miller, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-449-9037. E-mail: [email protected].  Please reference 6 NYCRR Part 43 when emailing.

6 NYCRR Part 44, Lobsters and Crabs. The Department proposes to amend regulations pertaining to the management of lobsters, decapod crabs, and horseshoe crabs to maintain the health of such species and to prevent the introduction of exotic species. These proposed regulations would comply with fishery management plans developed by the Atlantic State Marine Fisheries Commission (ASMFC) for these species and with requirements of the Environmental Conservation Law. The proposed regulations would include general provisions consistent with those found in Part 40. The proposed amendments would establish rules on crab dredging including possible open crab dredge seasons and areas, establish crab pot and trot line limits, revise blue crab size limits, and establish a special permit for non-commercial blue crab harvest and reporting requirements. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters to be consistent with the requirements in Part 40. The Department proposes to amend reporting requirements for Food Fish and Crustacea Dealers and Shippers license holders to more clearly detail information that must be included on purchase reports. The Department proposes to clarify current language and remove unnecessary regulations. Horseshoe crab regulations will be proposed to allow more control over the harvest and storage of horseshoe crabs. Rules will be developed to better manage the horseshoe crab biomedical harvest, biomedical users and biomedical bleeders. Rules would also be developed to prohibit the importation, possession and use of Asian horseshoe crabs. ASMFC will be developing an Addendum to the lobster management plan to scale the size of the Southern New England lobster fishery to the size of the resource and to respond to the continued depletion of the stock. In addition, ASMFC has developed an Addendum to collect better harvest location data for lobster and Jonah Crab fisheries by establishing requirements for electronic tracking devices aboard vessels in these fisheries. The Department would propose lobster regulations based on the details of these Addenda. The Department would propose rules to prohibit the liberation of non-local crustaceans into New York's marine district. Rules would be developed to modify lobster trap tag allocations in order to implement trap transferability program and decrease trap effort. The Department proposes to develop rules to implement lobster gear restrictions, marking requirements and other measures to comply with the federal Marine Mammal Protection Act. The Department will also develop rules to establish a minimum age for the non-commercial lobster license. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: Christopher Scott, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0429. E-mail: [email protected].  Please reference 6 NYCRR Part 44 when emailing.

6 NYCRR Part 45, Transplanting of Shellfish. The Department proposes to amend regulations pertaining to the transplanting of shellfish that are necessary for the protection of the public health, compliance with federal guidelines, and minimum requirements from the National Shellfish Sanitation Program (NSSP) Model Ordinance (MO).  The proposed regulations would amend requirements for permits, transplanting of shellfish, periods of transplanting, relay area certification, and establish requirements for recordkeeping and reporting.  The proposed regulations would also establish requirements for water quality, shellfish testing, and bacterial reduction (cleansing) studies. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. 
Contact: Wade Carden, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754.  Telephone: 631-444-0481.  E-mail: [email protected]. Please reference 6 NYCRR Part 45 when emailing.

6 NYCRR Part 48, Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life. The Department proposes to amend regulations pertaining to the sale of cultured food fish and other cultured food products for consumption or resale. The proposed regulations would amend requirements for marking and identification of cultivation products in commercial markets, requirements for permits, and record keeping and reporting requirements. The Department proposes to amend regulations pertaining to application standards and requirements for issuance of marine hatchery and on- and/or off-bottom culture permits.  This amendment is necessary to ensure that these standards and requirements are consistent with guidelines of the National Shellfish Sanitation Program (NSSP) Model Ordinance (MO), including the applicant’s submission of a written operational plan that considers all activities which may pose a significant public health concern, including, but not limited to, shellfish seed production in waters classified as uncertified, aquaculture structures that attract birds or mammals, and aquaculture husbandry practices. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. 
Contact: Jennifer O’Dwyer, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0489. E-mail: [email protected].  Please reference 6 NYCRR Part 48 when emailing.

6 NYCRR Part 49, Shellfish Management. The Department proposes to adopt regulations for the management of hard clams, soft or steamer clams and razor clams. The management measures include provisions for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, record keeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. The Department proposes to amend regulations pertaining to the possession of oysters of less than legal size which is needed to ensure enforceability and compliance with the minimum size requirements for harvest of wild (natural) oysters in the marine district. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. 
Contact: Debra Barnes, New York State Department of Environmental Conservation,123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0477. E-mail: [email protected].  Please reference 6 NYCRR Part 49 when emailing.

6 NYCRR Part 50, Miscellaneous Marine Species. The Department proposes to adopt new regulations for the protection and management of various other marine species. The immediate need is for the adoption of regulations for the protection and management of whelks (also known as conch, Busycon and Busycotypus spp). These regulations would include bycatch possession rules, trap limits and other regulations necessary to manage the whelk fishery. The Department proposes to amend reporting and record keeping requirements for State license holders to be consistent with the requirements in Part 40. The Department also proposes to adopt regulations detailing marine mammal and sea turtle viewing restrictions including minimum distance, speed restrictions and prohibition on feeding.  This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: Christopher Scott, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0429. E-mail: [email protected].  Please reference 6 NYCRR Part 50 when emailing.

6 NYCRR Part 608, Use and Protection of Waters (Floating Overwater Structures). The Department proposes to clarify the regulatory authority over barges and vessels that are converted to non-maritime uses, i.e., floating overwater structures. Floating overwater structures have the potential to cause many negative impacts to natural resources by unnaturally shading the water column and bottom habitat, as well as disrupting the natural current of water, and are becoming increasingly more common in the waters surrounding New York City.  This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. 
Contact: Julia Socrates, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0473. E-mail: [email protected].  Please reference 6 NYCRR Part 608 when emailing.

Division of Materials Management

6 NYCRR Part 321, Pesticides in Grape Vineyards, Chautauqua County, Northern Townships, Part 322 Pesticides in Grape Vineyards, Niagara County, Part 323 Pesticides in Grape Vineyards, Chautauqua County, Southern Townships, Part 324 Pesticides in Grape Vineyards, Erie County, and Part 325 Application of Pesticides will be repealed and replaced with new Parts 321-325. This rulemaking will include comprehensive reorganization and revisions to the current rule to update the current pesticide use regulations, including the use of pesticides classified by the USEPA as exempt from the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act. These pesticides are commonly known as 25(b) or minimum risk pesticides. This rulemaking will also incorporate federal certification and training regulations contained in 40 CFR Part 171 and the provisions currently in Part 326 Registration and Classification of Pesticides related to the sale of restricted use pesticides. In addition, Part 326 will be revised to address the registration of minimum risk pesticides and remove references to outdated pesticides. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Anthony Lamanno, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Part 327, Use of Chemicals for the Control or Elimination of Aquatic Vegetation. Part 327 will be amended to incorporate relevant provisions of Part 328 (Use of Chemicals for the Control or Elimination of Undesirable Fish) and Part 329 (Use of Chemicals for the Control or Elimination of Aquatic Insects) and to reflect the current statutory requirements of Section 15-0313 of the Environmental Conservation Law. 6 NYCRR Part 328 and 6 NYCRR Part 329 will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Mark Solan, New York State Department of Environmental Conservation, 1130 North Westcott Road, Schenectady, NY 12306. Telephone: 518-357-2045. E-mail: [email protected]. Please include the Part number when e-mailing.

A new Part 352 will be added that will include subparts related to the regulation of chemicals. The following subparts are proposed.

6 NYCRR Subpart 352-1, 1,4-Dioxane Limits for Household Cleansing, Personal Care, and Cosmetic Products. A new law establishes limits on the amount of 1,4-dioxane that can be present in household cleansing (Article 35), personal care and cosmetic (Article 37) products sold in New York State and establishes a penalty for noncompliance with the requirements added to Article 37 (Article 71). The limitations take effect on January 1, 2023, and January 1, 2024, but manufacturers may apply for a one-year waiver and one-year extension. The amendments to Articles 35 and 37 authorize the Department to promulgate any regulations deemed necessary to implement such provisions and the addition of Article 71 extends the penalty to violations of any rules and regulations promulgated by the Department. The proposed rulemaking will add a new 6 NYCRR Part 352  Product Ingredient Disclosure and Limits which will contain the regulations that implement the 1,4-dioxane limits for household cleansing, personal care, and cosmetic products, as well as any other future similar laws around ingredient disclosure or restrictions. This rulemaking will include definitions, details of the waiver process, details of the process to review and amend the stated thresholds for 1,4-dioxane, and methods for verifying if a product is in compliance. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Conor Shea, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. E-mail: [email protected]. Please include 'Subpart 352-1' in the subject line when e-mailing. 

6 NYCRR Subpart 352-2, Toxic Chemicals in Children’s Products. On April 1, 2020, the Legislature adopted chapter amendments to a new law, codified at Title 9 of Article 37 of the ECL, regulating toxic chemicals in children’s products. The law requires manufacturers of children’s products to report the presence of any chemical of concern (COC), as identified by the DEC, and high priority chemical (HPC), as identified in the law or by DEC, to the DEC by March 1, 2023. The law includes various DEC responsibilities, including a requirement to promulgate regulations that contain a list of chemicals of concern by March 1, 2022. DEC must consult with the Department of Health in determining which chemicals should initially be identified as COCs and then periodically thereafter to determine if chemicals should be added or removed from the list of COCs or HPCs. This new rulemaking will add a new proposed Subpart 352-2 Toxic Chemicals in Children’s Products and will include: definitions, a list of COCs, a list of HPCs, the method and frequency of reporting, information that must be included in manufacturer reports, and fees associated with submitting a report or waiver to the DEC. The proposed regulation will also require information that must be included in the notice that manufacturers provide to those who sell or distribute their products within the State about the presence of HPCs in a product, information that must be included in the statement of compliance that manufacturers must provide to DEC upon request, and the frequency and process for periodically reviewing the COC and HPC lists with DOH. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Conor Shea, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. E-mail: [email protected]. Please include 'Subpart 352-2' in the subject line when e-mailing. 

6 NYCRR Subpart 352-3, Regulation of Chemicals in Upholstered Furniture, Mattresses, and Electronic Displays (Flame Retardants). The Flame Retardants Law (Title 10 of Article 37 of the ECL) prohibits the sale or offering for sale after December 1, 2024, of new upholstered furniture or mattresses, or electronic displays that contains, or a constituent component of which contains, any covered flame retardant chemical, individually or in combination, that (a) is at or above levels set by the department in regulation; or (b) intentionally added. The Law also prohibits the repair of upholstered furniture using replacement components containing covered flame retardant chemicals after December 1, 2025. Additionally, the Law prohibits the sale of electronic displays in the state after December 31, 2022, unless the manufacturer has submitted an annual report, in a form determined by the Department, that identifies all organohalogen flame retardants used in the enclosure or stand. The rulemaking will add a new subpart 352-3 Regulation and Reporting of Retardant Chemicals to implement the Flame Retardants Law and will include definitions, maximum allowable levels of covered flame retardant chemicals in upholstered furniture and mattresses, details of the annual reporting requirement for electronic displays, and test methods for verifying if a product complies with the maximum allowable levels established in the regulations. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Conor Shea, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. Email: [email protected]. Please include “Subpart 352-3” in the subject line when emailing.

6 NYCRR Subpart 352-4, Prohibition of cosmetic products and personal care products that contain mercury. ECL Article 37, Section 37-0117 was amended to add a new subdivision 8, which prohibits the sale of any cosmetic product or personal care product containing mercury, other than in trace amounts identified by the department, in consultation with the department of health, in regulations. The rulemaking will add a new Subpart 352-4 which will define key terms, set forth the scope of product categories subject to ECL 37-0117(8), and establish trace amounts for mercury in cosmetic and personal care products. For cosmetic products, as defined under federal law, these limits must be consistent with limits established by the Federal Food and Drug Administration (FDA), The rulemaking may adopt test methods or performance method criteria for verifying whether a product complies with the maximum amount of mercury allowed by the regulation. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Conor Shea, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. Email: [email protected]. Please include “Subpart 352-4” in the subject line when emailing.

6 NYCRR Subpart 352-5, Content standards for mercury-added lamps. ECL Article 27, Section 27-2107 was amended to add two new subdivisions, 11 and 12. The amended law prohibits producers of mercury-added lamps, after January 1, 2021, from selling, offering for sale, or distributing such lamps that fail to meet mercury content standards adopted by the department pursuant to rules and regulations. Further, the law states that such standards shall include what, if any, allowance should be granted for slight variations in the amount of mercury resulting from production variances, and that on or before December 31, 2026, mercury content standards established in accordance with this section shall not apply to special purpose lights. The rulemaking will add a new Subpart 352-5 and will adopt mercury content standards applicable to mercury-added lamps not already addressed in ECL 27-2107(11), establish definitions for the special purpose lights identified in ECL 27-2101(33), and adopt content standards for mercury in special purpose lights that will take effect in 2027. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Katie Kidalowski, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. Email:[email protected]. Please include “Subpart 352-5” in the subject line when emailing.

6 NYCRR Subpart 352-6, Prohibition against the use of PFAS in apparel. ECL Article 37 was amended to add a new Section 37-0121: Prohibition against the use of perfluoroalkyl and polyfluoroalkyl substances in apparel and outdoor apparel for severe wet conditions. As enacted, the Law prohibits, after January 1, 2025, the sale or offering for sale of any new, not previously used, apparel containing PFAS as intentionally added chemicals. Additionally, the Law requires that one year after the department’s adoption of the regulations required by this statute, but no later than January 1, 2027, no person shall sell or offer for sale in this state any new, not previously used, apparel containing PFAS at or above a level that the department shall establish in regulation.  The Law also prohibits, after January 1, 2028, the sale or offering for sale of outdoor apparel for severe wet conditions containing perfluoroalkyl and polyfluoroalkyl substances: (a) at or above a level that the department shall establish in regulation, or (b) as intentionally added chemicals. The rulemaking will define key terms and the scope of product categories subject to ECL 37-0121(4). The rulemaking may also set maximum allowable level(s) of PFAS in apparel and outdoor apparel for severe wet conditions, if determined appropriate by the Department. Further, the rulemaking may also establish a test method or method performance criteria that will be used in measuring PFAS in subject articles. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Conor Shea, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. Email: [email protected]. Please include “Subpart 352-6” in the subject line when emailing.

6 NYCRR Parts 360 & 363, On-site Treatment and Disposal of Landfill Leachate. This rulemaking will amend the Part 360 transition requirements and Part 363 landfill design and operating requirements, permit application documents, and use of waste as an alternative operating cover requirement. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Joe O’Connell, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7260. Telephone: 518-402-8678. Email: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Part 367, Returnable Beverage Containers. This rulemaking will incorporate revisions to the statute that specifically changed and, in some cases, change the Part 367 regulations that were promulgated in 1983; reflect changes in the way the industry and the regulated community now comply with these regulations; and include changes that will lead to improved compliance and enforcement. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Jennifer Kruman, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8706. E-mail: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Parts 370, 371, 372, 373, 374 and 376, Hazardous Waste Management Regulations ('FedReg6'). This rulemaking will incorporate, as appropriate, federal rules that were adopted between July 31, 2013, and the present, which include regulations governing recycling of hazardous materials; electronic manifest requirements; reorganization and updates to regulations pertaining to hazardous waste generators; management of hazardous waste pharmaceuticals; and may include regulations addressing the management of vehicle air bags and aerosol cans, and updates to ignitability testing methods. This rulemaking may also include state-initiated changes related to classification of permit modifications, secondary containment requirements for liquid hazardous waste, used oil management, and management of paint waste and waste solar panels. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Samantha VanDeusen, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-8651. E-mail: [email protected]. Please include 'FedReg6' in the subject line when e-mailing.

6 NYCRR Part 381, Transporters of Low-Level Radioactive Waste. This rulemaking will adopt applicable requirements of the federal Nuclear Regulatory Commission (NRC) regulations. These changes are needed to conform with (NRC) regulation revisions from 2012 through 2021. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Daniel Evans, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7256. Telephone: 518-402-8652. E-mail: [email protected]. Please include 'Part 381' in the subject line when e-mailing. 

6 NYCRR Part 384, Cleanup Criteria for Remediation of Sites Contaminated with Radioactive Material. This rule is being developed to adopt applicable sections of the federal Nuclear Regulatory Commission's (NRC) License Termination Rule (LTR), which establishes cleanup criteria for radiologically contaminated sites, and the Timeliness of Decommissioning Rule, which outlines necessary steps for the planning and implementing of site cleanups. Program staff are coordinating adoption of these rules with the New York State Department of Health and the New York City Department of Health and Mental Hygiene to ensure compatibility, as they must also adopt applicable sections of these federal rules. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Thomas Papura, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7256. Telephone: 518-402-8652. E-mail: [email protected]. Please include 'Part 384' in the subject line when e-mailing.

6 NYCRR Part 483, Hazardous Waste Program Fees. This rulemaking will amend Part 483 to incorporate statutory changes made to the Hazardous Waste Program Fees in Environmental Conservation Law section 72-0402. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Rose Carr, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7256. Telephone: 518-402-8651. E-mail: [email protected]. Please include 'Part 483' in the subject line when e-mailing.

6 NYCRR Part 659, Household Cleansing Product Information Disclosure Requirements. The Department is considering revisions to 6 NYCRR Part 659 to clarify the information manufacturers should provide pursuant to Article 35 and the method by which the information should be provided. Part 659 implements Article 35, which, in part, authorizes the Department to promulgate regulations to require manufacturers of household cleansing products to disclose information regarding such products in a form prescribed by the commissioner. Amendments to the rule will include the addition of applicable definitions, and the addition of provisions which will provide direction on specific information to be disclosed, direction on withholding information deemed confidential, and direction on web posting requirements by which manufacturers should disclose information to ensure that it is easy to find, machine readable, and accessible to all. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. 
Contact: Conor Shea, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. E-mail: [email protected]. Please include 'Part 659' in the subject line when e-mailing.

Division of Mineral Resources

6 NYCRR Parts 550, Promulgation and Enforcement of Rules and Regulations and 561, Closed Loop Geothermal Boreholes. If Chapter Amendments to recently enacted Legislation (S.6604/A.6949) are signed into law in 2024, the Department will propose to amend Part 550 and add Part 561 to regulate closed loop boreholes over 500 feet in depth installed for the purpose of facilitating a geothermal heating or cooling system.  The regulations will focus on protecting natural resources, the environment and public health and safety.  Amendments to these regulations would be done as one package. 

6 NYCRR Part 550, Promulgation and Enforcement of Rules and Regulations. The Department proposes to amend the regulations to a) expand the policy to explicitly include geothermal resources for consistency with the ECL; b) update Mineral Resources’ organizational structure as it relates to carrying out the functions outlined in the policy; c) expand the definitions to include geothermal well, closed loop borehole, open loop well, standing column well and other terms to ensure consistency and clarity; d) make explicit the Department’s authority to access property associated with certain well types for the purposes of well inspection and investigation to determine compliance with the Department’s rules and regulations and to inspect related records; and e) update the scope of rules to make clear that Parts 551 to 559 will no longer apply to closed loop geothermal boreholes as these will be covered by a new stand-alone part.

6 NYCRR Part 561, Closed Loop Geothermal Boreholes. The Department proposes to add a new Part 561 specific to requirements for closed loop boreholes over 500 feet in depth installed for the purpose of facilitating a geothermal heating or cooling system. The requirements may include permitting, permit fees, well siting and construction, drilling practices, operating practices, decommissioning practices, and reporting, for the purposes of protecting natural resources and the environment, or public health and safety. 

This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Carrie Friello, New York State Department of Environmental Conservation, Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, NY 12233-6500. Telephone: 518-402-8056. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Parts 420, 421, 423, 424 and 425. The Department is proposing to amend 6 NYCRR Parts 420 to 425 to: (1) clarify ambiguous sections; (2) strengthen portions of the regulations; (3) reflect changes in the regulatory fee structure; (4) reflect changes in scientific knowledge; (5) update or insert references to other regulations; and (6) address the requirement of the Climate Leadership and Community Protection Act (CLCPA) and the Community Risk and Resilience Act (CRRA). Amendments to these regulations would be done as one package; The Department is proposing to repeal and replace Parts 420, 421, 422, 423, and 425 and amend Part 424.

6 NYCRR Part 420, General. Repeal and replace Part 420 of the current regulations to expand the definitions to include words used to describe abandonment, technical terms associated with blasting, bluestone, and other terms to ensure consistency with the Mined Land Reclamation Law. Also add regulatory provisions to clarify what projects will be considered construction projects under the Mined Land Reclamation Law.

6 NYCRR Part 421, Permits. Repeal and replace Part 421 of the current regulations to include: (1) add language requiring a mining termination notice to be filed if a complete renewal application is not received within 30 days of the expiration of the permit; (2) add specific requirements for different types of applications, (3) add a section regarding Bluestone Explorations Authorizations; (4) update language about the annual regulatory fee; and (5) specify that a mining permit application must address the Climate Leadership and Community Protection Act and the Community Risk and Resiliency Act and applicable department regulations and policies in order to be considered complete. 

6 NYCRR Part 422, Mined Land-Use Plan. Repeal and replace Part 422 of the current regulations to: (1) revise the language for mined land-use plan requirements; (2) add an expanded section describing the required elements for the graphic portion of the mined land-use plan; (3) add expanded sections addressing dust control, noise control, visual pollution, water resource protection, sediment and erosion control, and blasting; and (4) describe the information that must be submitted with mining permit application, where applicable, to comply with the requirements of the Climate Leadership and Community Protection Act and the Community Risk and Resiliency Act.

6 NYCRR Part 423, Reclamation Bond. Repeal and replace Part 423 of the current regulations to (a) replace the word bond with financial security throughout the section to reflect the variety of financial instruments that may satisfy the need for financial assurance for reclamation; (b) provide additional requirements that a financial institution must meet in order to issue a financial security instrument; (c) increase the required time to notify the Department of a cancellation; and (d) clarify details for the basis of the financial security amount.

6 NYCRR Part 424. Rename and amend existing Part 424 to be specific to access to mines and mine records by repealing violations section. 

6 NYCRR Part 425. The existing Part 425 will be repealed. A new Part 425 entitled “Enforcement” will be added to provide reference to Part 621 for modifications, suspensions and revocations and Part 622 for enforcement proceedings. 

This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Matthew Podniesinski, New York State Department of Environmental Conservation, Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, NY 12233-6500. Telephone: 518-402-8076. E-mail: [email protected] Please include the Part number when emailing.

Division of Water

6 NYCRR Part 502 - Floodplain Management Criteria for State Projects.  Revisions would update language to comply with enabling legislation and would update criteria to comply with changes in Federal Emergency Management Agency regulations and New York State Building Code.  Part 502 was last updated in 1984.  Revisions would include updated definitions, clarifying floodway encroachment requirements, changing lowest floor elevation requirements to reflect the Building Code of New York State, and clarifying the variance application and decision process.  This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.  Contact: Kenneth Kosinski, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3504. Telephone 518-402-8110.  E-mail: [email protected]

6 NYCRR Part 505 - Coastal Erosion Management.  Part 505 of 6 NYCRR was last amended in March 1988.  Revisions would include clarifying definitions, adding new defined terms, and clarifying language regarding regulated activities in natural protective features areas.  This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.  
Contact: Kenneth Kosinski, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3504.  Telephone: 518-402-8110.  E-mail: [email protected]

6 NYCRR Part 601 – Water Withdrawal.  Revisions are needed to clarify permit exemptions; add new defined terms; and clarify language regarding regulated activities. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.  
Contact: Karen Stainbrook, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3508. Telephone: 518-402-8086.  E-mail: [email protected]

6 NYCRR Part 602 - Long Island Water Wells.  Revisions are needed to reflect that the permit exemption for agricultural water wells on Long Island has been eliminated in ECL section 15-1527; provide an exemption for temporary dewatering wells, remedial wells, and closed loop geothermal systems consistent with Part 601; and clarify permit requirements for small public water supplies.  This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.  
Contact: Karen Stainbrook, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3508. Telephone: 518-402-8086.  E-mail:  [email protected]

6 NYCRR Parts 609, and 700 – 706 Water Quality Standards (Triennial Review Rulemakings). Revisions would add/revise ambient water quality standards, standard-setting procedures, implementation procedures, and other regulatory provisions.  This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. 
Contact: Stephanie June, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-9255.  E-mail: [email protected]. 

6 NYCRR Part 750 - State Pollutant Discharge Elimination System (SPDES) Permits.  Annual revisions are necessary to incorporate new federal criteria and standards.  This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.  
Contact: Karen Stainbrook, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3508. Telephone: 518-402-8086. E-mail: [email protected].

6NYCRR 750-1.26 – Revisions are necessary to add a new section to 6 NYCRR 750 to detail procedural requirements for adjudicatory proceedings applicable to SPDES permits where there are no other permits subject to an adjudicatory proceeding under subdivision 624.2.  This regulatory change is being made in conjunction with revisions to 6 NYCRR 624, Permit Hearing Procedures.  6 NYCRR 750-1.26 will stay contested and inseverable conditions of a new SPDES permit that will enhance administrative efficiency and ensure consistency in permit proceedings. These changes are necessary to: 1) assure that the department maintains an approved SPDES program at least as stringent as the federal program and 2) effectuate water quality protection by staying the effect only of certain conditions in new SPDES permits that will be adjudicated pursuant to 6 NYCRR 624. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.  
Contact: Edward Hampston, 625 Broadway, Albany, NY 12233-3506.  Telephone: 518-402-8177.  E-mail: [email protected].

6 NYCRR Parts 858, 885, 890, 891, 935 – New York City Waters Reclassification.  Revisions would reclassify surface waters, as appropriate, to provide water quality protection consistent with designated best usages, as well as the Clean Water Act (CWA) Section 101(a)(2) goals.  This rulemaking(s) may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments.  
Contact: Alexander Smith, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-9255. E-mail: stephanie.june@dec.ny.gov

6 NYCRR Part 910 - St. Lawrence River Drainage Basin.  Revisions would reclassify surface waters, as appropriate, to provide water quality protection consistent with designated best usages, as well as the Clean Water Act (CWA) Section 101(a)(2) goals.  This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis.  
Contact: Stephanie June, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-9255. E-mail: [email protected]

DEC 3 Year Rule Review - January 2024

Division of Air Resources

6 NYCRR Part 201, “Permits and Registrations” (Part 201). Statutory authority: Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 70-0109, 71-2103, and 71-2105 of the Environmental Conservation Law, and Sections 501-507 (Title V) of the Clean Air Act. Part 201 sets forth the regulatory requirements and procedures to allow owners and operators of an air contamination source to apply for and obtain a permit or registration from the Department for the construction and operation of the source in New York. Revisions were adopted on February 10, 2021 which clarified certain portions of the rule to improve its implementation. No additional amendments are planned at this time.

Contact: Mark Lanzafame, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Subpart 225-1, “Fuel Composition and Use - Sulfur Limitations (Subpart 225-1)”.  Subpart 225-1 imposes limits on the sulfur content of distillate oil, residual oil, and coal fired in stationary sources.  Statutory authority: Sections 1-0101, Section 3-0301, Section 19-0103, Section 19-0105, Section 19-0301, Section 19-0303, Section 19-0305, Section 19-0325, Section 19-0907, Section 71-2103, and Section 71-2105.  The regulation was revised and adopted on 1/05/21 and no amendments are planned at this time.  

Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Subpart 227-1, Stationary Combustion Installations establishes emission limits for particulate matter (PM) on oil fuel (including oil which is fired in combination with other liquid and gaseous fuels) and solid fuel (any amount) fired stationary combustion installations. Subpart 227-1 also establishes an opacity limit for all stationary combustion installations.  Statutory authority: Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 71-2103, and 71-2105.  The regulation was revised and adopted on 1/19/21 and no amendments are planned at this time.

Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 230, “Gasoline Dispensing Sites and Transport Vehicles” (Part 230). Statutory authority: Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105 of the Environmental Conservation Law. Part 230 regulates volatile organic compound emissions from gasoline dispensing sites and transport vehicles. Part 230 was repealed and replaced on January 27, 2021 to clarify its requirements and reduce emissions from subject activities throughout the state. No additional amendments are planned at this time.

Contact: Kassim Salih, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 235, “Consumer Products.” Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105. Part 235 was revised to maintain regional product consistency in accordance with a memorandum of understanding dated June 3, 2010 among the Ozone Transport Commission states. The revisions include adding new categories and revising others in order to make the New York regulation consistent with nearby states and to achieve reductions in volatile organic compound emissions in the state beginning on January 1, 2022. No amendments are planned at this time. 

Contact: Ash Vickery, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3251. Telephone 518-402-8396. Email: [email protected]. Please include the Part number when emailing.

Division of Fish and Wildlife

6 NYCRR Part 182, Endangered and Threatened Species of Fish and Wildlife. Statutory Authority: Environmental Conservation Law Sections 3-0301 and 11-0535. On March 17, 2021, Part 182 was updated to clarify determination of jurisdiction under the Endangered and Threatened Fish and Wildlife regulations. Additional improvements were made to remove some project types that are known not to cause harm from the review stream. No amendments to the adopted language are planned at this time.   

6 NYCRR Part 51, Public use of Wildlife Management Areas and areas with special regulations. Parts 51, 61, 75, and 84 were repealed and a new Part 51 was adopted on November 3, 2021 to ensure that public use of Wildlife Management Areas (WMAs) and other sites managed by the Bureau of Wildlife does not interfere or conflict with intended purposes of those areas. The new Part 51 incorporated provisions which more comprehensively cover public use of the WMA system making Parts 61, 75, and 84 obsolete and unnecessary. Additional amendments are needed to address redundancy or inconsistencies between area-specific regulations and 6 NYCRR Part 51 and to address area-specific public use, clarify required permits, and reduce reliance on posted notices.

6 NYCRR Part 1.11, Deer Hunting Seasons. Statutory Authority: Environmental Conservation Law, sections 11-0303 and 11-0903. Part 1.11 was amended on January 27, 2021, to provide additional opportunity for New York deer hunters and their families by creating a second portion of the late bow and muzzleloading deer seasons in the Southern Zone, adding the holiday week of December 26 through January 1. No amendments are planned at this time.

6 NYCRR Parts 1.11, 1.18, 1.31, 2.1, and 2.15, pertaining to Deer and Bear Hunting. Statutory Authority: Environmental Conservation Law Sections 3-0301, 11-0303 and 11-0903. On September 1, 2021, Parts 1.11, 1.18, 1.31, and 2.1 were updated and a new Part 2.15 was added to increase antlerless deer 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 by requiring hunters to wear fluorescent orange or fluorescent pink while big game hunting with a firearm. No amendments are planned at this time.

6 NYCRR Part 10, Inland Trout Stream Fishing Regulations. Statutory authority: Environmental Conservation Law, Sections 3-0301, 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-1316 and 11-1319. On March 24, 2021, Part 10 was amended to revise and standardize inland trout stream fishing regulations by eliminating unnecessary special regulations on trout stream reaches and replacing them with either a new statewide regulation or one of four standardized special regulations. Establishment of a new catch-and-release season is being evaluated through the Angler Use and Wild Trout Young of Year Recruitment study. Field data collection will continue through December 2024. Objectives of the rulemaking are being met. Minor regulation changes may be proposed on individual trout stream reaches in 2024 based on criteria set forth in New York State Trout Stream Management Plan.

6 NYCRR Part 10, Sportfishing (freshwater) and associated activities (Black Bass). Statutory authority: Environmental Conservation Law, Sections 3-0301, 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-1316 and 11-1319. On April 28, 2021, Part 10 was amended to eliminate unnecessary special regulations that permitted the harvest of black bass less than the statewide 12-inch minimum length and replace them with the statewide black bass regulation. Objectives of the rulemaking are being met. No amendments are planned at this time.

Contact: Christina Curran, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8924. E-mail: [email protected]. 

Division of Marine Resources 

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 13-0105 and 13-0340-d. Part 40 was amended to revise regulations concerning the commercial harvest of Tautog in New York State. This rule was necessary to require all Tautog commercially harvested in New York to be tagged with a single use tag, as mandated by the Atlantic States Marine Fisheries Commission (ASFMFC).  Amendments to Part 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 41, Sanitary Conditions Of Shellfish Lands. Statutory authority: Environmental Conservation Law, Sections 11-0303, 13-0307, and 13-0319. Part 41 was amended to reclassify underwater shellfish lands to protect public health. This rule was necessary to classify as uncertified any lands that do not satisfy the sanitary criteria necessary to safely harvest shellfish for use as food. Amendments to Part 41 will be proposed as necessary for New York to remain in compliance with federal rules.

6 NYCRR Part 10, Sportfishing Regulations; Part 19, Use of Bait, Fish for Bait, and Bait Fish; and Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 11-0303, 11-1521, 13-0105, 13-0339 and 13-0347.   Parts 10, 19, and 40 were amended to require circle hooks when fishing recreationally for Atlantic Striped Bass while using bait. This rule was necessary to protect Atlantic Striped Bass in marine waters and to maintain New York’s compliance with Atlantic States Marine Fisheries Commission (ASMFC) requirements.  Amendments to Parts 10, 19, and 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

Contact: Caitlin Craig, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0457. E-mail: [email protected].

Division of Materials Management 

Part 326, Chlorpyrifos Prohibition Requirements. Statutory authority: Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, and 33-0303. The revisions added 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. No amendments are planned at this time. 

Part 350, Food Donation and Food Scraps Recycling. Statutory authority: Environmental Conservation Law (ECL) Title 1 of Article 1, Title 3 of Article 3, Title 22 of Article 27, and Title 27 of Article 71. The regulations implemented the requirements outlined in the Food Donation and Food Scraps Recycling Law enacted in 2019. The law took 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. No amendments are planned at this time. 

Contact: Rebecca Vaughan, Regulatory Coordinator for the Division of Material Management, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7250. Telephone: 518-402-8678. E-mail: [email protected]

Division of Water

Adopted amendments to Repeal of Section 485.1 to remove outdated and redundant references in the Department’s regulations. The notice of adoption was published in issue 13 of the State Register on March 31, 2021.  No further action is anticipated at this time. 

Contact:  Michelle Tompkins, Regulatory Coordinator for the Division of Water,

New York State Department of Environmental Conservation, 625 Broadway, Albany, NY  12233-3500.  Telephone: 518-402-8221.  E-mail: [email protected]. 

DEC 5 Year Rule Review - January 2024

Division of Air Resources

6 NYCRR Part 205, “Architectural and Industrial Maintenance (AIM) Coatings.” Statutory Authority: Environmental Conservation Law (ECL), Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105.  Part 205 was revised to be consistent with a model rule developed by the Ozone Transport Commission in 2011 and to lower VOC emissions from AIM coatings throughout the state. It was finalized on December 11, 2019. No further action is anticipated at this time.

Contact: Alexandria Page, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3251. Telephone 518-402-8396. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 218, “Emission Standards for Motor Vehicles and Motor Vehicle Engines.” Statutory authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-19-0305, 19-1101, 19-1103, 19-1105, 71-2103, and 71-2105, and Federal Clean Air Act Section 177. The adopted revisions clarified that the deemed-to-comply provisions apply to the federal greenhouse gas emissions standards for model years 2021-2025. The federal regulations were last amended by a October 25, 2016 rulemaking. All new 2021 and subsequent model year passenger cars, light-duty trucks, and medium-duty passenger vehicles up to 10,000 pounds gross vehicle weight rating (GVWR) delivered for sale in New York will be required to be certified to California GHG standards. Revisions to Part 218 are being considered to incorporate California’s proposed revisions to the Heavy-Duty Low NOx Omnibus and Advanced Clean Fleets (ACF) regulations. 

Contact: James Clyne, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3255. Telephone 518-402-8292. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Subpart 227-2, Reasonably Available Control Technology (RACT) for Major Facilities of Oxides of Nitrogen (NOx) was revised to remove out-of-date references, emission limitations, and practices.  This was a consensus rulemaking. The statutory authority for these revisions is found in the New York State Environmental Conservation Law (ECL), sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 71-2103, and 71-2105.  The regulation was revised and adopted on 11/7/19 and no further action is anticipated at this time.

Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Subpart 227-3, “Ozone Season Oxides of Nitrogen (NOx) Emission Limits for Simple Cycle and Regenerative Combustion Turbines.” Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103 and 71-2105.  Subpart 228-3 was adopted to lower allowable NO_x emissions from simple cycle and regenerative combustion turbines during the ozone season.  It was finalized December 11, 2019.  No further action is anticipated at this time.

Contact: Michael Caseiras, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3251. Telephone 518-402-8396. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 251, “CO₂ Performance Standards for Major Electric Generating Facilities.”  Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, and 19-0305. The revisions to Part 251 established CO₂ emission rate requirements applicable to non-modified existing major electric generating facilities.  It was finalized on April 24, 2019. No further action is anticipated at this time.

Contact: Ona Papageorgiou, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3251. Telephone 518-402-8396. Email: [email protected]. Please include the Part number when emailing.

Division of Fish and Wildlife 

6 NYCRR Parts 186 and 189, Pertaining to the feeding of wild deer and moose, use of 4-Poster^TM devices. Statutory authority: Environmental Conservation Law, sections 3-0301(1)(b), (c), 11-0303(2) and 11-0325(1). The addition of Part 186 and amendment of Part 189 on December 24, 2019 were necessary to prohibit feeding of wild deer and moose and to define conditions for use of 4-Poster^TM devices. Existing regulations at that time did not adequately address the need for general prohibitions on the feeding of wild white-tailed deer and moose. Intentionally feeding deer and moose can artificially increase populations and cause behavioral changes, leading to harmful effects on wildlife, habitats, and people. In addition, a clear regulatory regime was needed to govern the use of automated feeding devices used to administer 4-Poster^TM Tickicide and limit the associated negative impacts that deer feeding causes. Prohibiting feeding was an important strategy for reducing risks associated with communicable wildlife diseases, including CWD, and limiting impacts of overabundant deer that result from supplemental feeding. No amendments are planned at this time.

6 NYCRR Part 189, Pertaining to Chronic Wasting Disease. Statutory Authority: Environmental Conservation Law, sections 03-0301, 11-0325 and 11-1905.The New York State Interagency Chronic Wasting Disease (CWD) Risk Minimization Plan was finalized in May 2018. To implement portions of that plan, regulations were adopted on November 13, 2019 to keep infectious material and animals out of the state, to clarify the definition of CWD-susceptible species, and to allow DEC Environmental Conservation Officers to better enforce CWD regulations of both DEC and the Department of Agriculture and Markets (DAM), which is essential as DAM does not have the same law enforcement capabilities as DEC. CWD is an untreatable, always-fatal disease of deer and moose and these amendments continue to be critical components of a disease prevention program. Further amendments to this regulation are being considered to strengthen protections against the spread of CWD in to and through New York. 

Contact: Christina Curran, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8924. E-mail: [email protected]. 

Division of Marine Resources

6 NYCRR Part 44, Lobsters and Crabs. Statutory authority: Environmental Conservation Law, Section 13-0331(7). Part 44 was amended to implement required management measures of the Atlantic States Marine Fisheries Commission Jonah Crab Fishery Management Plan. This rule was necessary to implement management measures that are intended to reduce the possibility of overfishing of the Jonah crab stock, while preserving the current utilization of the resource by the fishing industry. Amendments to Part 44 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 11-0303, 13-0339 and 13-0347. Part 40 was amended to revise regulations concerning commercial striped bass fishing season. This rule was necessary to extend the commercial fishing season to allow commercial fishermen greater access to the resource and to be able to fully utilize the state quota.  Amendments to Part 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 13-0105, 13-0339, and 13-0340-e. Part 40 was amended to revise regulations concerning the recreational harvest of scup in New York State. This rule was necessary increase access to the recreational scup fishery by opening the fishery year-round and increasing the possession limit. Amendments to Part 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. Statutory authority: Environmental Conservation Law, Sections 11-0303, 13-0307, and 13-0319. Part 41 was amended to reclassify underwater shellfish lands to protect public health. This rule was necessary to classify as uncertified any lands that do not satisfy the sanitary criteria necessary to safely harvest shellfish for use as food. Amendments to Part 41 will be proposed as necessary for New York to remain in compliance with federal rules.

Contact: Caitlin Craig, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0457. E-mail: [email protected].

Division of Water

Statutory Authority:  ECL: Sections 3-0301(2)(m), 15-0313(1), (2), (3), 17-0301 (2) and (9)

Adopted amendments to the BEACH Act Standards and Reclassification Rule to comply with the federal BEACH Act of 2000 (P.L. 106-284) and protect coastal recreation waters for recreation. The notice of adoption was published in issue 26 of the State Register on June 26, 2019. No further action is anticipated at this time.

Contact:  Michelle Tompkins, Regulatory Coordinator for the Division of Water,

New York State Department of Environmental Conservation, 625 Broadway, Albany, NY  12233-3500. Telephone:  518-402-8221.  E-mail: [email protected]. 

This review was compiled, edited, and submitted by:
Richard McAuley
Agency Regulatory Coordinator
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
Telephone: 518-402-9185
E-mail: [email protected]

The NYS Department of Environmental Conservation Regulatory Agenda was published in the January 3, 2024 issue of the State Register.

Last updated 1.4.24