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Proposed Regulations

DEC's Proposed, Emergency, and Recently Adopted Regulations

This page lists the rules and regulations that have been proposed by the New York State Department of Environmental Conservation, and on emergency and recently adopted regulations that have been adopted by the Department. Details for each proposal or adoption can be found on web pages for each division that are linked from the left column of this page. Please check back often as this page will be updated whenever new regulations are proposed.

Proposals Currently Available for Public Comment

  1. Part 200, General Provisions as related to Federal National Emission Standards for Hazardous Air Pollutants (NESHAP). The Department is proposing to revise 6 NYCRR 200.9 and 200.10 to update the incorporation by references to include the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations as they appear in the July, 2007 version of the Code of Federal Regulations and correct existing typographical errors. Written comments are accepted through 5 pm, December 11, 2008.
  2. Part 239, Portable Fuel Container Spillage Control. The Department is proposing to revise 6 NYCRR Parts 200, 239 and associated revisions to the State Implementation Plan (SIP). The purpose of the proposed revisions is to update New York's current portable fuel container regulations and allow more flexibility to the manufacturer. Written comments are accepted through 5 pm, December 11, 2008.
  3. Part 248, Use of Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology for Heavy Duty Vehicles. The Department proposes to promulgate Part 248 and amend Part 200. These regulations will require the use of ultra low sulfur diesel (ULSD) fuel and best available retrofit technology (BART) on covered heavy duty diesel vehicles (HDDVs) owned by, operated by, on behalf of, or leased by state agencies and state and regional public authorities. Written comments are accepted through 5 pm, December 4, 2008.
  4. Part 616 - Access to Records. This is a consensus rulemaking to update the Department's regulations in regards to FOIL appeals and recent legislation. Written comments are accepted through 5 pm, January 10, 2009.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Reproposed Revisions to Part 200 - General Provisions, Part 201 - Permits and Registrations, and Part 231 - New Source Review in Nonattainment Areas and Ozone Transport Regions. The Department is reproposing revisions to 6 NYCRR Parts 200, 201 and 231 and associated revisions to the State Implementation Plan (SIP). Another purpose of the rulemaking is to adopt a State PSD program for proposed new major facilities and major modifications to existing facilities located in attainment areas.
  2. Proposed Revisions to Part 215 - Open Fires, Part 191 - Forest Fire Prevention, and Part 621 - Uniform Procedures. The Department is proposing to ban the open burning of all materials including household refuse (garbage), paper materials, leaves and yard wastes with some specific exceptions.
  3. Part 190 - State Lands. The proposed amendment to Part 190 will protect public safety, manage public use and protect natural resources on State lands.
  4. Part 673- Dam Safety Regulations, Part 608- Use and Protection of Waters, and Part 621- Uniform Procedures. Proposed amendments to regulations pertaining to dam safety.

Emergency Regulatory Actions

  1. Part 192, Section 192.5 - Firewood Restrictions to Protect Forests from Invasive Species. The purpose of this emergency rule is to reduce the risk of introduction and spread of invasive insects and diseases of trees by preventing untreated firewood from entering New York State and restricting the movement, sale and possession, within the State, of untreated firewood that originates in New York State.

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 41, Section 41.3 - Sanitary Condition of Shellfish Lands - adopted December 3, 2008. This emergency rulemaking was necessary to prohibit the harvest of shellfish from areas that do not meet water quality standards.
  2. Part 2, Section 30 - Migratory game birds - adopted December 3, 2008. This emergency rulemaking was necessary to change migratory game bird hunting regulations to conform to federal regulations.
  3. Part 190, Section 190.34 - Stewart State Forest - effective October 22, 2008. The Department updated the regulations for Stewart State Forest in response to public comments and a change in the lands designation and administration.
  4. Part 41, Section 41.2 - Sanitary Condition of Shellfish Lands - adopted October 15, 2008. This rulemaking was necessary to reclassify underwater lands for the harvesting of shellfish and to clarify an existing description of uncertified lands.
  5. Part 44 - Lobsters and Crabs - adopted September 24, 2008. This emergency rulemaking was necessary to reduce harvest of lobster consistent with the fishery management plan.
  6. Adopted Part 242 - CO2 Budget Trading Program, Revisions to Part 200 - General Provisions - effective September 24, 2008. Establishes a market based program designed to cap and reduce carbon dioxide (CO2) emissions from power plants by 10 percent by 2019. Table 1 of 6 NYCRR 200.9, Referenced Material, was revised in order to facilitate the administration of the Program.
  7. Part 1, Section 31 - Hunting Black Bear - adopted September 23, 2008. This rulemaking was necessary to open new areas to bear hunting as a continuation of efforts to slow bear population growth and range expansion and to reduce potential for conflicts between bears and people.
  8. Parts 10, 18, 19, 35, and 180 - Sportfishing Regulations, Taking Bait, Use of Bait, Licenses, and Miscellaneous Regulations - adopted September 10, 2008, effective October 1, 2008. This rulemaking was necessary to revise regulations governing sportfishing and associated activities including gear requirements and use of bait fish; and to prohibit the sale of trout and salmon eggs.
  9. Parts 10, 35, 36 and 40 - Sportfishing Regulations, Licenses, Gear and Operation of Gear, and Marine Fish - adopted August 27, 2008. This rulemaking was necessary to reduce the harvest of Hudson River American shad consistent with protecting the resource.
  10. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder and Scup) - adopted July 30, 2008. This rulemaking was necessary to control the recreational harvest and possession of summer flounder and scup consistent with Fisheries Management Plans.
  11. Subpart 482-2, Operating Program Fees - effective date June 25, 2008.
  12. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Tautog) - adopted June 18, 2008. This rulemaking was necessary to control the recreational harvest and possession of tautog consistent with Fisheries Management Plans.
  13. Part 2, Section 2.2 - Frogs and Part 3 - Reptiles - adopted February 20, 2008. This adopted rulemaking was necessary to establish regulations pertaining to the protection and, in some cases, the regulated harvest of selected species of turtles and frogs.
  14. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder) - adopted February 6, 2008. This rulemaking controls the recreational harvest and possession of summer flounder consistent with Fisheries Management Plans.
  15. Part 6, Section 6.3 - General regulations for trapping beaver, otter, mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine martin - adopted on January 30, 2008. This rulemaking prevents the capture of dogs in body gripping traps set on land.
  16. Part 2, Section 2.30 - Migratory game birds - effective date December 19, 2007. This rulemaking adjusts migratory game bird hunting regulations to conform with federal regulations.
  17. Part 1, Section 1.31 - Hunting Black Bear - adopted on November 14, 2007. This rulemaking lengthens the black bear hunting season in the Catskill bear range.
  18. Adopted Part 200, General Provisions - effective date October 20, 2007. This rulemaking amends 6 NYCRR 200.9 and 200.10 to update the incorporation by references to include the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations as they appear in the July, 2005 version of the Code of Federal Regulations.
  19. Adopted Part 200, General Provisions - effective date October 19, 2007. Subdivision 200.1(av) was amended to incorporate the new federal PM2.5 designations and geographic boundaries.
  20. Adopted Clean Air Interstate Rules (CAIR) - effective date October 19, 2007. The Department has adopted three Clean Air Interstate Rules (CAIR) that will establish New York State's portion of the cap-and-trade programs. These rules consist of Part 243, CAIR NOx Ozone Season Trading Program; Part 244, CAIR NOx Annual Trading Program; and Part 245, CAIR SO2 Trading Program.
  21. Part 198 - Outdoor Recreation and Trail Maintenance Pin and Patch Program - effective date October 17, 2007.

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