Regulatory Agenda
DEC January 2008 Regulatory Agenda and 5-Year Rule Review
Introduction
Each year, pursuant to SAPA, the department publishes a Regulatory Agenda and 5 Year Review of Rules 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, and a review of department rules adopted 5 years previous.
Division of Air Resources
6 NYCRR Part 200, General Provisions. Part 200 will be amended to incorporate the national emission standards for hazardous air pollutants (NESHAPS) adopted by the US EPA since July 1, 2007. Contact (NESHAPS): Edward Pellegrini, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 201, Permits and Registrations. Part 201 contains the basic application and permitting requirements for the construction, operation and modification of air contamination sources within the state. It is expected that Part 201 will be revised in the coming year. The purpose of the revisions will be to improve implementation by removing outdated requirements, clarifying permitting and application requirements, including those dealing with exemptions and capping, adding and/or amending definitions, enhancing permit requirements for minor sources, and correcting typographical errors. In addition, Part 201 will be modified in connection with the Prevention of Significant Deterioration (PSD) and New Source Review (NSR) rulemaking (Part 231) to ensure consistency between the regulations. Contact: Michael Styk, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 202. The existing regulation will be amended to reinsert a provision which provides the authority to the Commissioner to suspend, revoke or deny a facility's authority to operate, in any case where the facility fails to comply with the requirement to submit an acceptable report of measured emissions within a stated time. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8401. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 205. Architectural and Industrial Maintenance (AIM) Coatings. The existing regulation will be updated to clarify some implementation issues that have arisen since it was adopted in 2003. This includes adding a category and VOC limit for driveway sealers and foundation coatings, removing the "most restrictive limit exception" for impacted immersion coatings, revising language to eliminate a loophole in the "default" limit provision, providing flexibility on labeling requirements for non-standard reusable containers, and revising the reporting requirements to include products that are sold out of state and sold in containers of one liter or less. Contact: Daniel S. Brinsko, P.E., NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 210, Emissions and Labeling Requirements for Personal Watercraft Engines. The existing regulation will be amended to adopt California emissions provisions and standards for spark-ignition marine engines including outboard, inboard and stern drive marine engines. Contact: Joseph Iannotti, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255. Telephone: 518-402-8292. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 211, General Prohibitions. This regulation will be amended to prohibit the use of cutback asphalt and to limit emulsified asphalts containing VOCs from May through September. Contact: Ken Newkirk, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. Email: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 212, General Process Emission Sources. The existing regulation will be amended to set forth a new procedure for evaluating and reducing community air toxic impacts from stationary sources of air pollution. Contact: Thomas Gentile, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3259. Telephone: 518-402-8402. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 212, General Process Emission Sources. A new Subpart, Asphalt Paving Production, will be added to regulate NOx emissions and establish fuel sulfur limits for the production of asphalt paving. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 215, Open Fires. The existing rule will be amended to update and simplify definitions and extend the ban on open fires to all towns. There will be exemptions for small campfires and cooking fires, ceremonial fires, certain types of agricultural waster burning, petroleum-fueled smudge pots, fire training exercises, disposal of hazardous materials by police and prescribed burns (e.g. for forest protection). Contact: Greg LaBarge, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 217, Motor Vehicle Emissions. The existing regulation will be amended to include revisions to the heavy duty diesel vehicle I&M test procedures and to reflect the adoption of Part 248, allowing for retrofitted vehicles to be exempt from annual testing, and will be modified to include light duty diesel vehicles in OBD testing statewide. Contact: Anthony Tagliaferro, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, Telephone: 518-402-8292. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. The existing regulation will be amended to incorporate revisions California has made to its emission control program; and to otherwise update various incorporation by reference citations included in the LEV program, to include California Warranty and Recall provisions, and to include emissions labels. The regulation will also be modified to adopt changes to the Zero Emission Vehicle requirements. Contact: Jeff Marshall, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, Telephone: 518-402-8292. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 219, Incinerators. Subparts 219-1, 219-2, 219-3, 219-4, 219-5, 219-6, 219-7 and 219-8 will be updated as necessary to clarify the operator training and certification requirements. Language and terminology will be revised to clarify and update the regulatory requirements. Subparts 219-5 and 219-6 will be phased out and applicable sources will be regulated under Subparts 219-2, 219-3 and 219-4. Lastly, combustion gas temperature and other operational issues will be re-evaluated. Contact: Mark Lanzafame, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 220, Portland Cement Plants. Part 220 is being revised to require updated NOx RACT requirements for cement manufacturing and to add new NOx RACT requirements for Glass manufacturing. Part 220 is also being revised to include federal best available retrofit technology provisions for affected sources. Part 220 will be renamed and split into two Subparts: Portland Cement Plants, and Glass Manufacturing Plants. Contact: Rick Leone, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. Email: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 222, Distributed Generation. This is a new regulation to establish emission standards for distributed generation. Contact: John Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Subpart 225-1, Fuel Composition and Use - Sulfur Limitations. The existing regulation will be modified to lower the sulfur content of distillate fuel oil for all stationary sources (including home heating) and stationary internal combustion engines. In addition to sulfur content, this regulation will be updated to conform with the requirements of 6 NYCRR Part 201 Permits and Registrations. Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Subpart 225-3, Fuel Composition and Use - Gasoline. The existing regulation will be amended to lower the maximum allowable summertime gasoline volatility as a control measure for complying with the federal 8 hour ozone National Ambient Air Quality Standards. Regulation of other gasoline properties that affect emissions of ozone precursors, and opting upstate counties into the federal reformulated gasoline program may also be considered. Contact: David Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany NY 12233-3255, Telephone: 518-402-8292, E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Subpart 227-2, NOx RACT. Subpart 227-2 is being revised to include new emission limitations for coal, oil and gas fired boilers at major facilities throughout the State. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Subpart number when emailing.
6 NYCRR Subpart 227-3, Pre-2003 Nitrogen Oxides Emissions Budget And Allowance Program. The existing rule will be repealed as it has been superceded by Part 204. New Subpart 227-3 is being proposed to include NOx emission limitations at minor facilities. Contact: Michael Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Subpart number when emailing.
6 NYCRR Part 228, Surface Coating Processes. The existing rule will be amended to include new volatile organic compounds emissions standards for industrial adhesives and sealants. Contact: Edward Pellegrini, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 230, Gasoline Dispensing Sites and Transport Vehicles. The existing rule will be amended to update and clarify testing requirements for gasoline dispensing sites (gas stations). The regulation will also require prior notification to the department for each test. Contact: Denise Prunier, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 232, Dry Cleaning. The existing regulation that was adopted April 30, 1997 will be updated to provide for administrative streamlining. Contact: Stephen Johnson, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 234, Graphic Arts. The existing rule will be amended to include revised volatile organic compounds emissions standards flexible packaging printing, offset lithographic printing and letterpress printing. These revisions are being made to comport with the Control Technique Guidelines developed by the US EPA and issued in September 2006. Contact: John Henkes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 235, Consumer Products. The existing regulation will be updated to implement additional Volatile Organic Compound (VOC) product content limits. Contact: Arthur Robinson, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program, and 6 NYCRR Part 238, Acid Deposition SO2 Budget Trading Program. These rules will be repealed in 2008 if the federal Clean Air Interstate Rules survive the ongoing legal challenges and the Parts 243, 244 and 245 trading programs adopted in 2007 are unaffected. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 239, Portable Fuel Containers and Spouts. The existing regulation that was adopted October 4, 2002 will be updated to apply to kerosene cans and utility jugs in addition to traditional gas cans. Contact: Ona Papageorgiou, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 240, Determining Conformity of Transportation Plans, Programs and Projects. The existing regulation will be revised to address amendments to the Federal Transportation Conformity rule (69 FR 40004). Contact: Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 241, Determining Conformity of General Federal Actions to State Implementation Plans. This is a new regulation to require that general federal actions, other than transportation plans, programs and projects which are subject to Part 240, be evaluated for their conformance with the provisions of the State Implementation Plan to achieve and maintain ambient air quality standards, and to meet the requirements of the federal Clean Air Act. Contact: Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 242, CO2 Budget Trading Rule. This is to establish a new regulation that will form the New York State component of an interstate, regional CO2 emissions budget and allowance trading program that will apply to electric generating units with a capacity of at least 25 megawatts. Contact Michael Sheehan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, Telephone: 518-402-8396. Email: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Parts 243, 244, and 245 - Clean Air Interstate Rule. These rules will be revised to include the new federal provisions that exclude energy input from biomass fuel in the efficiency calculation and expand the cogeneration exemption provisions. Parts 243 and 244 are also being revised to include provisions that would provide for the sale of all of the NOx allowances. Contact: Michael Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 247, Outdoor Wood-Fired Hydronic Heaters. This is a new regulation to establish siting and stack height criteria and emission standards for outdoor wood-fired hydronic heat systems. Contact: John Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 248, Use of Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Diesel Vehicles. This regulation will be proposed to implement the Diesel Emissions Reduction Act of 2006, establishing requirements for diesel vehicles owned or operated by or on behalf of State Authorities and Agencies. Contact: Joseph Iannotti, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255. Telephone: 518-402-8292. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
6 NYCRR Part 249, Requirements for Stationary Sources Subject to Case-by-Case Best Available Retrofit Technology (BART) Determinations. This is a new rule intended to require "eligible sources" to conduct a BART analyses and implement any necessary retrofit controls. BART is one of the control strategies intended to reduce the emissions of visibility-impairing pollutants as a part of the Regional Haze SIP effort. Contact: Scott Griffin, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: airregs@gw.dec.state.ny.us Please include the Part number when emailing.
Division of Environmental Permits
6 NYCRR, Part 617, State Environmental Quality Review Act (SEQR). The Division of Environmental Permits proposes to amend this Part to: make changes to the Environmental Assessment Forms (EAFs); enable electronic submission and dissemination of environmental impact statements. The EAFs are "model" forms, which are used by almost all state and local agencies in the conduct of an environmental review under SEQR, appear as appendices to Part 617. Experience has shown that the forms have provided good service, but they could be improved by updating some topic areas, clarifying instructions, and addressing newly-emerging issues. In particular, the forms need to be revised to provide a better basis for addressing administrative actions such as land use planning and the promulgation of regulations. Additionally, some of the information critical to making a proper environmental analysis of a physical project could be better organized. Questions need to be added to these forms to address emerging issues such as economic development zones, quality communities, environmental justice and climate change. Also, the proposed amendment will revise the forms to eliminate the need for a separate form for a determination of significance. Electronic submission of EISs will enable broader dissemination of EISs than is possible by hard copy. Further, enabling electronic submission would allow all lead agencies to more readily meet the new demands of Chapter 641 of the Laws of 2005, "EIS on the Web". In addition, the Department may include general revisions, updates or minor corrections. Contact: Betty Ann Hughes, NYS Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany NY 12233-1750. Telephone: 518-402-9158. E-mail: bahughes@gw.dec.state.ny.us
6 NYCRR Part 638, Green Building Tax Credit (GBTC). The Division of Environmental Permits proposes to amend 6 NYCRR Part 638 to update the green building tax credit regulations:
Legislated changes - the Budget Bill of 2005 modified the existing GBTC legislation and added an additional $25 million in credits to be given out through 2016, existing regulations will be modified to reflect any changes per this legislation.
Other changes will include:
- updates to make the regulations consistent with the 2002 NYS Energy Construction Conservation Code;
- updates to make the regulations consistent with the 2003 NYS Uniform Fire Protection and Building Code;
- clarification of the language regarding carbon monoxide alarms;
- eligibility for the refrigerant tax credit component for refrigeration equipment that uses refrigerants that is based upon language from the United States Green Building Council LEED Green Building Rating System for New Construction & Major Renovations (LEED®-NC) Version 2.2, Energy & Atmosphere Credit 4: Refrigerant Selection.
- other changes as DEC deems necessary. Contact: Dennis J. Lucia, Division of Environmental Permits, 4th Floor, 625 Broadway, Albany, NY 12233-1750. Phone (518) 402-9469. E-mail: djlucia@gw.dec.state.ny.us
Division of Environmental Remediation
6 NYCRR Parts 612, 613, and 614 - Petroleum Bulk Storage Regulation. The Department proposes to amend Parts 612, 613, 614 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations) and comply with the federal Energy Policy Act of 2005 (aka federal Underground Storage Tank Compliance Act of 2005), which amends Subtitle I of the Resource Conservation and Recovery Act; (2) make explicit certain enforcement authority of the Department to prevent contamination of surface and ground waters, public drinking water supplies, and natural resources by petroleum bulk storage (PBS) facilities; and (3) improve the consistency and clarity of language directing the administration of the PBS program. Equivalency with 40 CFR Part 280 is needed in order for the State to receive delegation and to be able to apply the requirements of the regulations to the same universe of tanks as the United States Environmental Protection Agency. Contact: Russ Brauksieck, NYSDEC, Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, New York 12233-7020. Telephone: 518-402-9543. E-mail: rxbrauks@gw.dec.state.ny.us
6 NYCRR Parts 595, 596, 597, 598, and 599 - Chemical Bulk Storage Regulation. The Department proposes to amend Parts 595-599 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations) and comply with the federal Energy Policy Act of 2005 (aka federal Underground Storage Tank Compliance Act of 2005), which amends Subtitle I of the Resource Conservation and Recovery Act; (2) make explicit certain enforcement authority of the Department to prevent contamination of surface and ground waters, public drinking water supplies, and natural resources by chemical bulk storage (CBS) facilities; and (3) improve the consistency and clarity of language directing the administration of the CBS program. Equivalency with 40 CFR Part 280 is needed in order for the State to receive delegation and to be able to apply the requirements of the regulations to the same universe of tanks as the United States Environmental Protection Agency. Contact: Russ Brauksieck, NYSDEC, Division of Environmental Remediation, 625 Broadway, 11th Floor, Albany, New York 12233-7020. Telephone: 518-402-9543. E-mail: rxbrauks@gw.dec.state.ny.us
6 NYCRR Part 570, Permitting of Liquefied Natural Gas (LNG) Facilities. The Department proposes to develop and promulgate regulations covering the safe siting and operation of LNG facilities, and recommends incorporation by reference of existing nationally recognized standards (National Fire Prevention Association, NFPA 57, 59A). Contact: Russ Brauksieck, NYS Department of Environmental Conservation, 625 Broadway, 11th Floor, Albany, NY 12233-7020. Telephone: 518-402-9543. E-mail: rxbrauks@gw.dec.state.ny.us
Division of Fish, Wildlife and Marine Resources
6 NYCRR Part 2- Migratory game birds. Amendment of this regulation is necessary to conform with federal regulations for hunting migratory game birds. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us
6 NYCRR Part 6, Beaver and otter trapping seasons and bag limits. Amendment of this regulation is necessary to provide appropriate seasons and bag limits for the management of these species. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. Email: grbatche@gw.dec.state.ny.us
6 NYCRR Part 6, General regulations for trapping beaver, otter, mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten. Amendment of this regulation is necessary to improve and update trapping regulations. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. Email: grbatche@gw.dec.state.ny.us
6 NYCRR Part 10 - Sportfishing Regulations. Amendments to regulations pertaining to the management of diadromous fishes in the Hudson and Delaware Rivers to maintain compliance or consistency with any Fishery Management Plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of such stocks. Changes to the regulations to comply with the requirements of Environmental Conservation Law regarding the management of Anadromous species. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us
6 NYCRR Part 10, Recreational Fishing. Amendments to regulations pertaining to the management of freshwater sportfish including appropriate adjustments to seasons, creel limits, and size limits. Contact: Shaun Keeler, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8924. E-mail: sxkeeler@gw.dec.state.ny.us
6 NYCRR Part 11, Hudson River Commercial Fishing. Amendments to regulations pertaining to the management of Diadromous fishes in the Hudson River in order to maintain compliance or consistency with any Fishery Management Plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of such stocks. Changes to the regulations to comply with the requirements of Environmental Conservation Law regarding the management of Anadromous species. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us
6 NYCRR Part 35, Licenses. Establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. Establish regulations setting up a commercial eel permit with reporting requirements state-wide (Parts 40 and 35). Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: : swheins@gw.dec.state.ny.us
6 NYCRR Part 40, Marine Fish. Amend regulations pertaining to the management of marine and diadromous fishes to maintain compliance or consistency with any Fishery Management Plans developed by the Atlantic States Marine Fisheries Commission or pursuant to the Federal Sustainable Fisheries Act for such species and to maintain the health of such stocks. Make changes to the regulations to comply with the requirements of Environmental Conservation Law regarding permits, permit fees and management of marine and anadromous species. Make changes to the regulations related to reporting, requiring foodfish license holders to complete Vessel Trip Reports at the time and point of landing. Make changes to the regulations creating a definition for Proof of Residency and establishing the requirement for providing such proof of residency when obtaining marine license and permits. Make changes to the regulations to prohibit the possession of fish when tending lobster gear within 500 feet of an artificial reef. Make changes to the regulations governing traps or pots related to escape vents, panels, marking and location restrictions to achieve consistency among gear types. Make changes in the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits with an acceptable substitute for 50% of earned income and tax records. 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. Establish a marine license apprenticeship program. Change the regulations to make reporting requirement language consistent for managed marine species. Establish regulations setting up a commercial eel permit with reporting requirements state-wide. Change the regulations to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. Make changes to the tautog regulations to comply with pending Amendment IV to the Tautog Fishery Management Plan and combat illegal commercialization. Make changes to the shipping, labeling and packing requirements to require harvester's Fishing Vessel Trip Report numbers on labels for quota managed species. Make changes to clarify provision for records retention by food fish shippers and dealers. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us
6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, make changes in the classification of shellfish lands to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified. Designation of shellfish lands that meet criteria as certified for the taking of shellfish. Contact: William Hastback, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0475. E-mail: wghastba@gw.dec.state.ny.us
NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. 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. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. Contact: Maureen Davidson, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0496. E-mail: mcdavids@gw.dec.state.ny.us
6 NYCRR Part 44, Crustaceans. Amend regulations pertaining to the management of lobsters and crabs, including horseshoe crabs, consistent with any Fishery Management Plans developed for the species, to maintain the health of such species, and to prevent the introduction of exotic crustacean species. Make changes to regulations to comply with requirements of Environmental Conservation Law related to reporting, licensing, permitting and management of such species. Add new regulations placing a time limit on unattended gear. Add new regulations establishing areas and seasons for dredging for crabs. Add new regulations establishing limited entry for the horseshoe crab fishery, a fee for permits, elimination of the by-catch and recreational possession provisions, and establishing a system for verifying landings data. Amend the regulations to make reporting requirement language consistent with that in Part 40. Amend the regulatory definition of V-notch. Add new regulations to provide for endorsement of crab permits to vessels, consistent with lobster permit provisions. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us
6 NYCRR Part 49, Shellfish Management. Adopt regulations for the management of hard clams, soft or steamer clams and razor clams as provided for in recently enacted legislation (Chapter 394, Laws of 2006). The management measures include provision 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. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us
6 NYCRR Part 49, Shellfish Management. Adopt regulations to address the requirement of ECL Section 13-0325 that requires the culling of clams when taken. Contact: Maureen Davidson, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0496. E-mail: mcdavids@gw.dec.state.ny.us
6 NYCRR Part 182, Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern. Amend regulation to address the requirements of ECL Section 11-0535, which establishes protection for both federally listed and state listed species. Contact: Daniel Rosenblatt, New York State Department of Environmental Conservation, Bureau of Wildlife, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8884. E-mail: dlrosenb@gw.dec.state.ny.us
6 NYCRR Part 187, Miscellaneous black bear regulations. Amendment of this regulation is necessary to protect public health and safety by prohibiting feeding of black bears, and to provide for the training of hounds used to control black bear damage to farms. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us
6 NYCRR Part 663, Freshwater Wetlands Permit Requirements Regulations. This rulemaking will update the procedural requirements for various activities, clarifying whether they are exempt or jurisdictional under Freshwater Wetlands Act, and the level of compatibility those activities have for permit standards. Changes will also include additional clarification regarding the permit standards and compensatory mitigation. These changes are needed to update the regulation, which has been virtually unchanged in over 25 years. Contact: Steve Sanford, NYSDEC, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233. Telephone 518-402-8997. E-mail: sxsanfor@gw.dec.state.ny.us
6 NYCRR Part 664, Freshwater Wetlands Mapping and Classification Regulations. This rulemaking will make changes to how wetlands are mapped and classified, to reflect greater understanding of the science of wetlands and of the state's resources, and to update this rule, which is over 25 years old. In addition, there will be changes to facilitate more efficient map amendments where errors are detected on the maps. Contact: Steve Sanford, NYSDEC, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233. Telephone 518-402-8997. E-mail: sxsanfor@gw.dec.state.ny.us
Office of Hearings and Mediation Services
6 NYCRR Part 622, Uniform Enforcement Hearing Procedures. The Office of Hearings and Mediation Services proposes to clarify procedures governing default procedures and motions for order without hearing, and make various typographical, technical and related corrections throughout. Contact: James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. E-mail, jtmcclym@gw.dec.state.ny.us
6 NYCRR Part 624, Permit Hearing Procedures. The Office of Hearings and Mediation Services proposes to amend the procedures governing appeals of administrative law judge rulings, clarify the procedures governing motion practice, establish procedures governing trade secrets and other confidential information in adjudicatory hearings, revise certain definitions and make various typographical, technical and related corrections. Contact: Louis A. Alexander, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 14th Floor, Albany, New York 12233-1010. E-mail, laalexan@gw.dec.state.ny.us
6 NYCRR Part 620, Procedures for Issuance of Summary Abatement Orders. The Office of Hearings and Mediation Services proposes to amend the regulations governing administrative hearings on summary abatement orders to make technical clarifications. Contact: James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. E-mail, jtmcclym@gw.dec.state.ny.us
Division of Lands and Forests
6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Dix Mountain Wilderness Area from overuse by applying restrictions to camping and rock climbing. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. E-mail pjfrank@gw.dec.state.ny.us Telephone: (518) 473-9518.
6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Giant Mountain Wilderness Area from overuse by applying restrictions to camping. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. E-mail pjfrank@gw.dec.state.ny.us Telephone: (518) 473-9518.
6 NYCRR Part 190, Use of State Lands. Amend Section 190.0 (10) by adding Indian Lake Islands administrative camping area to the list of facilities covered by the regulations. A new section 190.7(21)(g) will also be added to provide DEC with the legal authority to enforce campground rules which include requiring all campers to register, limiting the number of people per site and the length of stay, establishing quiet hours and prohibiting the discharge of firearms. In addition, a new Subdivision will be added to 6NYCRR 190.13 to protect the natural resources in the Siamese Ponds Wilderness Area from overuse by applying restrictions to camping. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. E-mail pjfrank@gw.dec.state.ny.us Telephone: (518) 473-9518.
6 NYCRR Part 190, Use of State Lands. Adoption of new Section 190.14, Prohibition of Motorized Equipment on Wilderness, Primitive and Canoe areas. These regulations will prohibit the use of motorized equipment in wilderness areas in the Adirondack and Catskill forest preserve, with certain exceptions. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254 E-mail, pjfrank@gw.dec.state.ny.us Telephone: (518) 473-9518.
6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels and Aircraft in the Forest Preserve. Amend Section 196.7, Operation of Bicycles in the Adirondack Forest Preserve. This regulation will implement Adirondack Park State Land Master Plan guidelines for bicycle use. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254 E-mail, pjfrank@gw.dec.state.ny.us Telephone: (518) 473-9518.
6 NYCRR Part 196, Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve. Adopt a new section to 6 NYCRR Part 196 to limit boat use to electric motors and motorless craft on Thirteenth Lake. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254 E-mail, pjfrank@gw.dec.state.ny.us Telephone: (518) 473-9518.
6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.15, Public Use of Camp Santononi Historic Area. These regulations will protect historic structures and the landscape of the Camp Santononi Historic Area through management of public use. Contact: Charles Vandrei, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255 E-Mail, cevandrei@gw.dec.state.ny.us Telephone: (518) 402-9428.
6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.36, Submerged Heritage Preserves in Lake George and Lake Champlain. These regulations are needed to protect underwater resources, such as shipwrecks and other submerged archaeological sites that are of recreational, aesthetic, and educational value, as well as regulate access to these sites, and create safe diving conditions. Contact: Charles Vandrei, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255 E-Mail, cevandrei@gw.dec.state.ny.us Telephone: (518) 402-9428.
6 NYCRR Part 190, Conservation Easements. Amendment of 6 NYCRR section 190.12, East Branch of Fish Creek. These regulations will control public use to be in compliance with the terms of the conservation easement. Contact: Frank Dunstan, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255 E-Mail, fmdunsta@gw.dec.state.ny.us
6 NYCRR Part 190, Use of State Lands. Adopt a new section to 6 NYCRR Part 190 to Facilitate the Management of the Otter Creek Trail System Assembly Area. These regulations will be used to effectively manage this area. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: dmfornes@gw.dec.state.ny.us Telephone: (518)402-9428.
6 NYCRR Part 190, Use of State Lands. Adopt a new section 190.34, Use of Stewart State Forest. These regulations will implement the following on the Stewart State Forest: restrict public access during big game hunting season; prohibit public motor vehicle use after dark during the big game hunting season; prohibit camping except by permit; prohibit campfires except at designated campsites; prohibit public use of all-terrain vehicles; restrict public motor vehicle speeds to 15 mph; prohibit possession of pistols, revolvers and rifles; prohibit the use of gasoline-powered motors on all ponds. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: dmfornes@gw.dec.state.ny.us Telephone (518) 402-9428.
6 NYCRR Part 190, Use of State Lands. Amend Section 190.8 to add regulatory provisions to protect natural resources, enhance public safety and to more clearly define Department management authority. Proposed regulations include provisions relating to the Department's authority to close certain roads, trails and/or other areas in regard to certain public uses to protect public safety or natural resources, prohibit gas powered motors on water bodies as identified on a list, to provide for the closure of certain trails on State forests to bicycle use, to restrict the use of snowmobiles to Department designated roads and trails; and, to prohibit the storage or abandonment of personal property on State lands. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: dmfornes@gw.dec.state.ny.us Telephone (518)402-9428.
6 NYCRR Part 190, Use of State Lands. Adoption of a new section 190.10(d), Salmon River Falls Unique Area. These regulations are needed for the purpose of public protection. They will prohibit public use of the area from dusk to dawn, seasonally close the gorge trail, and prohibit hunting from this 112 acre parcel. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: dmfornes@gw.dec.state.ny.us Telephone: (518) 402-9428.
6 NYCRR Part 190, Use of State Lands. Adoption of a new section 190.10(e), Henderson Shores Unique Area. These regulations are needed to control public use to prevent overuse and inappropriate use of state lands. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: dmfornes@gw.dec.state.ny.us Telephone: (518) 402-9428.
6 NYCRR Part 194, Forest Practices. Amend Section 194.3 and adopt a new Section 194.4. These regulations will formalize existing guidelines for prescribed fire management activities. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: dmfornes@gw.dec.state.ny.us Telephone: (518) 402-9428.
6 NYCRR Part 190, Zoar Valley Multiple Use Area. Amend Section 190.25 to provide for public safety and enhance passive recreational use as proposed in the recently adopted unit management plan. Contact: David Forness, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. E-mail: dmfornes@gw.dec.state.ny.us Telephone: (518) 402-9428
6 NYCRR, Forest Insect and Disease Control. Adopt a new Section 192.4, Restriction of Firewood Importation. These regulations may be necessary to reduce the risk of transporting introduced or native forest pests in firewood. Many of the expanding infestations of introduced and native forest pests have been exacerbated by the unregulated movement of firewood. In particular, regulations restricting or defining the importation and use patterns for firewood in campsites on State land may be necessary to monitor and restrict the movement of several invasive pests currently residing in forests outside New York. Contact: Bruce Williamson, NYS Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, NY 12233-4253. E-mail: bewillia@gw.dec.state.ny.us Telephone: (518) 402-9425
6 NYCRR Part 193, Trees and Plants. Amend Section 193.3, Protected Native Plants. These regulations are needed to update the current list by adding, deleting, re-naming and/or re-categorizing several listed plant species in accordance with more up-to-date taxonomy and knowledge of the population status of rare plants in the State. Contact: Jason Denham, NYS Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, NY 12233-4253. E-mail, jpdenham@gw.dec.state.ny.us Telephone: (518) 402-9425.
6 NYCRR Part 590, Payment of Expenses Upon Acquisition of Real Property. Amend Part 590 to conform to the amended Federal Uniform Relocation Assistance and Real Property Acquisition regulation for federal and federally assisted programs. This amendment will affect landowners forced to relocate because of acquisition of their properties for Department programs. Contact: John Keating, NYS Department of Environmental Conservation, Bureau of Real Property, 625 Broadway, Albany, NY 12233-4256. E-mail, jpkeatin@gw.dec.state.ny.us Telephone: (518) 402-9442.
Division of Solid and Hazardous Materials
6 NYCRR, Parts 320, 325, and 326 - Pesticide Residue Removal Requirements - This rulemaking amends State pesticides management regulations to include federal requirements regarding removal of residues from pesticides containers prior to disposal or refilling, promulgated in the federal Pesticides Container and Containment Rule (40 CFR Parts 156 and 165) published in the August 16, 2006 Federal Register. These residue removal standards are intended to minimize human exposure to pesticides during container handling and facilitate appropriate container disposal and refilling. Contact: Mary A. Roy, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8781. E-mail: pestcomp@gw.dec.state.ny.us
6 NYCRR Part 360 - Solid Waste Management Facilities - This rulemaking will include technical amendments, clarifications, as well as legal and policy developments. Changes to all portions of the Part 360 series are expected, including Parts 364 and 369. The rulemaking will also incorporate solid waste management activities or waste streams that are not currently addressed within Part 360, including automobile dismantlers, dredge materials, biohazard incident waste, and flowable fill. The information contained in the current Part 360 will be subdivided into different parts to better organize solid waste topics, and will make future revisions to specific topics less burdensome. Contact: Melissa Treers, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8678. E-mail: swreg@gw.dec.state.ny.us
6 NYCRR Part 360 or 370 series - Labeling of Mercury-Added Consumer Products. These regulations will implement Section 27-2103 of the Environmental Conservation Law, adopted by the State Legislature pursuant to Chapter 145, Laws of 2004. The law requires that mercury-added consumer products sold or offered for sale in this State by a distributor or retailer shall be labeled by the manufacturer for mercury content and proper disposal. Contact: Christine Barnes, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8705. E-mail: dshmwrr@gw.dec.state.ny.us
6 NYCRR Part 360 or 370 series - Management of Used Electronics. These regulations will adopt changes to the federal hazardous waste regulations concerning cathode ray tubes, incorporate solid waste management activities for used electronics that are not currently addressed within Part 360, and implement the Title 23 of the Environmental Conservation Law, Wireless Telephone Recycling Act, by providing appropriate standards for collection of wireless telephones. Contact: Michelle Ching, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, NY 12233-7251.
Telephone: 518-402-8633. E-mail: hwregs@gw.dec.state.ny.us
6 NYCRR Parts 370 and 372 - Performance Track Rule - This rulemaking will amend Parts 370 and 372 of the hazardous waste management regulations to incorporate federal changes that allow members who belong to both USEPA's National Environmental Performance Track (NEPT) and the New York Environmental Leaders (NYEL) program to increase the amount of time they can store hazardous waste. The rulemaking will be proposed once the NYEL program is established. Contact: Paul Counterman, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7251. Telephone: 518-402-8612.
E-mail: hwregs@gw.dec.state.ny.us
6 NYCRR Part 380 Series, Radioactive Materials Regulations. This rulemaking will amend the Part 380 series radioactive materials regulations to incorporate federal changes from nine federal rules published from August 16, 1991 through September 21, 1998, including the NRC's license termination rule. In addition, several corrections and revisions not related to the federal rules will be done including: clarifying the regulations in a number of areas such as standards for issuance of a Part 380 permit and language in the variance provision, elimination of redundant provisions, and deletion of obsolete provisions. Contact: Barbara Youngberg, NYSDEC, Division of Solid & Hazardous Materials, 625 Broadway, Albany, New York 12233-7258. Telephone: 518-402-8579. E-mail: radregs@gw.dec.state.ny.us
Division of Water
6 NYCRR Parts 608, 621 and 673 will be amended to implement Chapter 364, Laws of 1999, to expressly require all owners of dams - whether or not subject to DEC permit under ECL Section 15-0503 - to operate and maintain such structures in a safe condition.
These regulations will set forth a dam safety program based on the requirements of Chapter 362. Chapter 364 provides relief from permitting requirements for the construction and repair of small dams while updating, clarifying and strengthening New York State regulations regarding dams and structures which impound waters, and shifts the Department of Environmental Conservation's focus and resources from the permitting of small dams, which pose negligible safety risks, to the proper maintenance, repair, and emergency planning for dams which pose greater risks to public safety.
Part 608 (Use and Protection of Waters) will be amended to make changes to permit application procedures and requirements for the construction or alteration of dams and impoundment structures, as well as permit application review by DEC Staff.Part 621 (Uniform Procedures) will be amended to eliminate "minor" dam projects.
Part 673 (Dam Safety Regulations) will be amended to be consistent with the Chapter 364 regarding dam owner responsibilities and Department oversight, including provisions for mandatory operation and maintenance plans, mandatory emergency action plans for high hazard and intermediate hazard dams, financial security conditions for high hazards dams, and mandatory inspection requirements for high hazard and intermediate hazard dams. The revisions will also include mandatory penalties for failure to file the plans, failure to enact the plans, or falsification of records required under the plans. Contact: Kenneth Markussen, Bureau Director, Bureau of Flood Protection and Dam Safety, Division of Water, 625 Broadway, Albany, NY 12233-3504. Telephone: 518-402-8185. E-mail: kjmarkus@gw.dec.state.ny.us
6 NYCRR Part 485 - SPDES Program Fees - The SPDES program fees were changed in 2004 through amendments to the ECL Part 72-0602. The associated regulations in Part 485 have not been promulgated so as to be consistent. Contact: Al Fuchs, Acting Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-9029. E-mail: aafuchs@gw.dec.state.ny.us
6 NYCRR Part 750 - State Pollutant Discharge Elimination System (SPDES) Permits - A five year review of Part 750 has resulted in a number of minor revisions being necessary to correct typographical errors, and update references. In addition, minor revisions are necessary to incorporate new federal criteria and standards. Contact: Al Fuchs, Acting Director, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-9029. E-mail: aafuchs@gw.dec.state.ny.us
6 NYCRR Part 649 - Clean Water State Revolving Fund - Revise Part 649 to add a linked deposit program and revised project selection criteria. Contact: Shayne Mitchell, Bureau of Water Permits, Division of Water, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8125. E-mail: samitche@gw.dec.state.ny.us
SAPA Section 207 -- 5-Year Review of Rules
Introduction
The following rules were adopted by the NYS Department of Environmental Conservation (Department) during 2003, and pursuant to SAPA Section 207 have been reviewed. Comments on the rules that are being amended this year should be directed to the contact person listed in the main body of the Regulatory Agenda. Comments on any rules that are not being changed at this time will be accepted for 45 days and should be directed to the regulatory coordinator for the appropriate program, as listed below the rules.
Division of Air Resources
6 NYCRR Part 200, General Provisions. 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, 19-0306, 19-0311, 19-0319, 70-0109, and 71-2103. This Part contains general provisions that apply to many of the Part 200 series of regulations. This Part is often updated and modified and there is currently an amendment to Part 200 proposed. This rule was last amended and updated effective October 20, 2007.
6 NYCRR Part 205, Architectural and Industrial Maintenance (AIM) Coatings. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301 and 19-0305. The existing regulation that was adopted November 21, 2003 (effective January 1, 2005) as required by EPA was revised in 2007 (effective June 7, 2007). This rule was adopted to control VOC emissions from AIM coatings. VOCs are a precursor to ozone and the control of VOCs will result in lower ozone levels throughout the state, including the nonattainment areas. The rule will be updated in 2008 to make some minor rule changes in order to clarify some implementation issues that have arisen since it was revised in 2003.
6 NYCRR Part 210, Emissions and Labeling Requirements for Personal Water Craft. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0301, 19-0306. Part 210 adopts California emissions and labeling requirements for personal water craft sold in New York State, in order to reduce emissions of hydrocarbons and NOx. This regulation is listed on the January 2008 Regulatory Agenda.
6 NYCRR Part 226, Solvent Metal Cleaning Processes. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305. This rule regulates the emissions of volatile organic compounds (VOCs) from the use of industrial solvents used to clean metallic products and/or components. This rule lists specifications for the design of the equipment which contains the solvents used in metal cleaning processes in order to reduce their exposure to the atmosphere. The department does not see a need to update this rule, as the department does not anticipate new equipment designs, which would result in a reasonable decrease in VOC emissions.
6 NYCRR Part 228, Surface Coating Processes. Statutory Authority: Environmental Conservation Law Sections 3-0301, 19-0301, 19-0303. This rule regulates the emissions of volatile organic compounds (VOCs) from the application of paints and coatings in industrial settings. The regulated facilities have the option to only use paint that meet a certain VOC content limit, or they may install air pollution control devices to reduce the emissions of VOCs to a certain level. This rule is listed on the January 2008 Regulatory Agenda, and will be updated to include the industrial use of adhesives and sealants which also are a significant source of VOC emissions. Facilities will have the same two options listed above for coatings to comply with this regulation.
6 NYCRR Part 237, Acid Depostion Reduction NOx Budget Trading Program, and 6 NYCRR Part 238, Acid Deposition Reduction SO2 Budget Trading Program. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311. These regulations were first promulgated on April 17, 2003 to control acid rain precursors, NOx and SO2, from electricity generating units greater than 25 MW. Reducing these air pollutants will improve air quality and reduce acid deposition. These rules were challenged and overturned by the New York State Supreme Court of Albany County. These rules were amended and re-adopted in 2004. These rules will be repealed in 2008 if the federal Clean Air Interstate Rules survive the on-going legal challenges and the Parts 243, 244 and 245 trading programs adopted in 2007 are unaffected.
Regulatory Coordinator for the Division of Air Resources is Laura Becker, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3250. Telephone: 518-402-8451. E-mail: airregs@gw.dec.state.ny.us
Division of Fish, Wildlife and Marine Resources
6 NYCRR Chapter 1, Fish and Wildlife. Statutory Authority: Environmental Conservation Law Articles 11 and 13. This chapter regulates hunting, fishing and trapping; and commercial fishing and shellfishing in the marine environment. This Chapter is reviewed annually regarding season dates, take limits, manner of taking, and sanitary condition of the shellfish lands, and amendments are made as appropriate.
Regulatory Coordinator for the Division of Fish, Wildlife & Marine Resources is Rose Diana, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: (518) 402-8985. E-mail: rtdiana@gw.dec.state.ny.us
Division of Lands and Forests
6 NYCRR Section 196.4, Operation of Mechanically Propelled Vessels and Aircraft in the Forest Preserve. Environmental Conservation Law sections 1-0101(3)(b), 1-0101(3)(d), 3-0301(1)(d), 3-0301(1)(I), 3-0301(2)(m), 9-0105(1), and 11-0303.
This rule is needed since it establishes consistency with the language in the Adirondack Park State Land Master Plan. No amendments to this rule are planned for this year since implementation has been satisfactory. There is no need for the Department to modify this rule from its present form.
Regulatory Coordinator for the Division of Lands & Forests is Linda Kashdan-Schrom, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4250. Telephone: 518-402-9405. E-mail: lrkashda@gw.dec.state.ny.us
Division of Solid And Hazardous Materials
6 NYCRR Part 325 - Commercial Lawn Care Application. Statutory authority: ECL Sections 33-1001, 33-1003, 33-1005, and Subdivisions 33-0905.5(a) and (b). This rule implements Title 10 of Article 33 of the Environmental Conservation Law regarding the commercial lawn application of pesticides. Requirements include use of written contracts and posting of visual notification markers. No further action is planned.
6 NYCRR, Parts 360, 364, and 621 - Biosolids. Statutory authority: ECL Sections 1-0101, 3-0301, 27-0101, 27-0106, 27-0301, 27-0303, 27-0305, 27-0307, 27-0703, 70-0107 and 3-0301 (2)(m). Amended the regulations governing the beneficial use of organic waste through land application, composting, and other means. Revisions were necessary to incorporate promulgated federal regulations, address technological developments, and policy and legal developments that had occurred since the previous major revision in 1988. Minor clarifications and a change in location within the regulations are being considered as part of the 6 NYCRR Part 360 - Solid Waste Management Facilities rulemaking presently in development.
Regulatory Coordinator for the Division of Solid and Hazardous Materials is Deborah Aldrich, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7250. Telephone: 518-402-8730. E-mail: hwregs@gw.dec.state.ny.us.
Division of Water
6NYCRR PART 750 State Pollutant Discharge Elimination System (SPDES) Permits
Statutory authority: Environmental Conservation Law (ECL) Article 3, Title 3; Article 15; Article 17, Titles 3,5,7,8; Article 21; Article 70, Title 1; Article 71, Title 19. New York State Penal Code, Articles 175 and 210. Public Health Law, Section 502. Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.)
(a) New York State has a state program that has been approved by the United States Environmental Protection Agency for the control of wastewater and stormwater discharges in accordance with the Act. Under New York State law the program is known as the State Pollutant Discharge Elimination System (SPDES) and is broader in scope than that required by the Act in that it controls point source discharges to groundwaters as well as surface waters. Typographical errors and minor revisions are needed to update references are necessary to incorporate new federal criteria and standards. A new rule making is anticipated to begin development in the coming year. (Please see Division of Water's Regulatory Agenda for 2008)
Regulatory Coordinator for the Division of Water is Robert Simson, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8271. E-mail: rjsimson@gw.dec.state.ny.us
This agenda and 5-year Review of Rules was compiled, edited and submitted by:
Ruth L. Earl
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1500
Telephone (518) 402-9223
e-mail rlearl@gw.dec.state.ny.us
The NYS Department of Environmental Conservation Regulatory Agenda was published in the January 2, 2008 issue of the State Register.
