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.
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: Parag Amin, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY, 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. Separately, Section 200.9 will be amended to incorporate State of California regulatory revisions to the Advanced Clean Trucks regulation, previously adopted by the Department in 2021. 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, NY, 12233-3255. Telephone 518-402-8292. 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 update EPA reference documents in 40 Code of Federal Regulations and remove test methods that were previously referenced that are no longer needed. 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, NY, 12233-3255. Telephone 518-402-8451. 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, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 212, “General Process Emission Sources.” The existing regulation will be revised to address inadequacies identified since the last major revision was promulgated in 2015. The regulation will be strengthened to address recent changes in federal regulations meant to protect the public health. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Randi Walker, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3259. Telephone: 518-402-8402. Email: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 215, “Open Fires.” Part 215 will be amended to eliminate common sources of confusion by narrowing certain definitions and adding others. In addition, DAR proposes to revise the open burning exception at 215.3(a) for better adaptability to climate change. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Emily Buckingham, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 218, Revisions to Part 218 “Emissions Standards for Motor Vehicles and Motor Vehicle Engines,” and attendant revisions to 6 NYCRR Section 200.9, “Referenced Material,” will be amended to incorporate clarifying updates to the Aftermarket Catalytic Converter (AMCC) standards to including new definitions related to warehouse activities. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Momtaj Mou, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY, 12233-3254. Telephone 518-402-8292. Email: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 218, “Emission Standards for Motor Vehicles and Motor Vehicle Engines,” and Section 200.9, “Referenced Material” will be revised to incorporate updates to the State of California’s Heavy-Duty Low NOx Omnibus Regulation. California adopted amendments to this regulation in 2024 that include additional manufacturer compliance flexibilities for legacy engines. The Department is also extending a transit bus exemption. 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, NY, 12233-3255. Telephone 518-402-8292. Email: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 218, “Emission Standards for Motor Vehicles and Motor Vehicle Engines," and Section 200.9, “Referenced Material” will be revised to incorporate updates to the State of California's Advanced Clean Trucks (ACT) regulation. California adopted amendments to this regulation in 2025 that include additional manufacturer compliance flexibilities and minor clarifications. 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 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. 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, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. Email: [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 reduce emissions from petroleum and volatile organic liquid storage and transfer. This rulemaking will require a Rural Area Flexibility Analysis and Regulatory Flexibility Analysis for Small Business and Local Governments.
Contact: Drew Hoffert, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. Email: [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 the evaluation of more stringent controls for applicable projects at facilities located in areas designated as nonattainment for sulfur dioxide (SO2). Additionally, Division of Air Resources will propose 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 will also revise the requirement to commence construction in 231-3.7 and analogous provision in 201-1.15 and revise language in 231-3.5(c) and 231-4.1(b)(42)(i)(c) to require approval to subtract emissions unrelated to a project when determining an emission increase.
Contact: Steve Yarrington, 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 242, “CO2 Budget Trading Program.” The regulation will be amended, as necessary and appropriate, to be consistent with the Regional Greenhouse Gas Initiative 2025 Program Review. 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, NY 12233-3251, Telephone: 518-402-8451. Email: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 252, “New York Emissions Reduction Program.” To advance the Climate Leadership and Community Protection Act, a new Part 252 may be proposed reflecting recommendations in the Climate Action Council’s final Scoping Plan to create a statewide program for greenhouse gas emissions reductions. This rulemaking would 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, NY, 12233-3251. Telephone 518-402-8451 Email: [email protected]. Please include the Part number when emailing.
6 NYCRR Subpart 482-3, “Ozone Nonattainment Program Fees,” will be promulgated to satisfy provisions required by federal Clean Air Act section 185 and authorized by newly enacted Environmental Conservation Law section 19-0328, related to the enforcement for severe and extreme ozone nonattainment areas for failure to attain the relevant National Ambient Air Quality Standard. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Daniel Goss, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY, 12233-3251. Telephone 518-402-8396. Email: [email protected]. Please include the Subpart number when emailing.
6 NYCRR Part 623, Use Of Environmental Education Centers. The existing regulation will be updated to include all four environmental education centers and allow the Department to approve the serving of alcohol at limited functions. Contact: Tom Shimalla, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4501. Telephone: 518-402-8043 E-mail: [email protected] Please include Part 623 in the subject line when emailing.
6 NYCRR Part 375, Environmental Remediation Programs. The existing regulation will be amended to: (1) incorporate soil cleanup objectives for perfluourooctanoic acid (PFOA) and perfluourooctane sulfonate (PFOS) into the contaminant tables in Part 375-6.8 and (2) revise the soil cleanup objectives for lead to coincide with values published by the United States Environmental Protection Agency in January 2023. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Bill Ottaway, 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 375' in the subject line when e-mailing.
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: Josh Utberg, 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.
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 1, multiple sections pertaining to Deer Hunting Seasons, Issuance and Use of Deer Hunting Tags, and Deer Management Permits. Statutory Authority: Environmental Conservation Law, sections 11-0903, 11-0907, 11-0911, and 11-0913. This rulemaking will improve deer management capacity by removing barriers and emphasizing harvest of antlerless deer. 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 1.31, Hunting Black Bear. Statutory Authority: Environmental Conservation Law, sections 11-0303, 11-0903, and 11-0907. This rulemaking will enhance bear management capacity by improving opportunities for hunters to successfully harvest a bear. The rulemaking will also establish a process to enable DEC to more easily monitor bear hunting participation and effort and estimation of annual bear harvest. 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 1.40. Hunting wild turkey. Statutory Authority: Environmental Conservation Law, sections 03-0303 and 11-0903. The existing regulation will be amended to align spring turkey hunting seasons with hunter values and interests. 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 Parts 54, 63, 71, 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 repealed or revised to address redundancy or inconsistency with 6 NYCRR Part 51, and/or modernized to foster consistency with current management. 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 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 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 2.30, Migratory Game Birds. Statutory Authority: Environmental Conservation Law, sections 11-0903 and 11-0933. The existing regulation will be amended to conform to federal regulations for the Federal Duck Stamp and address expected changes to the federal conservation order for light geese (snow geese and Ross’s geese). 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 10, Pertaining to sportfishing season dates. The Department may propose an earlier closing date for the fishing seasons for walleye, northern pike, chain pickerel, and tiger muskellunge to better protect populations that are likely to spawn earlier because of climate change. The Department may also propose eliminating special walleye fishing regulations on waters where they are no longer needed due to new management objectives. 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: 518-402-8897. E-mail: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 10, Pertaining to Adirondack brook trout and bait fish fishing regulations. The Department may propose brook trout and bait fish regulations for the Adirondacks pending public comments on an Adirondack Brook Trout Pond Management Plan. 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 inland trout stream regulations by reference. The Department may propose an amendment to streamline the regulations and incorporate stream reach classification criteria, consistent with the New York State Trout Stream Management Plan. 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 and walleye 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. Minimum size and bag limits for harvest may also be adjusted based on a near future analysis. 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 10, Pertaining to statewide regulations for fish species recently added to the list of Species of Special Concern under 6 NYCRR Part 182. The Department may propose amendments to 6 NYCRR Part 10 to better protect newly designated species of Special Concern from unregulated or under-regulated take. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Lisa Holst, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: (518) 402-8887. E-mail: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 36, Pertaining to Lake Erie commercial fishing regulations. The Department may propose amendments to 6 NYCRR Part 36 to bring commercial fishing regulations on Lake Erie in line with modern fisheries management and current stock status on this shared resource, pending public comments. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Jason Robinson, New York State Department of Environmental Conservation, 178 Point Drive North, Dunkirk, NY 14048. Telephone: 716-366-0228. E-mail: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 10, Pertaining to special regulations for Lake Ontario, and Niagara River. The Department may propose amendments to 6 NYCRR Part 10 to standardize and simplify fishing regulations for Lake Ontario and the Niagara River, including tributaries. This may include changes to tackle and gear restrictions, seasonal tributary regulations, size limits, and season and bag limits. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rual Area Flexibility Analysis. Contact: Christopher Legard, New York State Department of Environmental Conservation, 541 E. Broadway, Cape Vincent, NY 13618. Telephone: (315)654-2147. E-mail. [email protected]. Please include part number when emailing
6 NYCRR Part 190, Use of State Lands. Amend Part 190 to include a new section, Saint Regis Canoe Area. These regulations will protect the natural resources in the Saint Regis Canoe Area from overuse by applying restrictions to group size, camping, campfires and other activities. Contact: Josh Clague, 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: Josh Clague, 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, Use of State Lands, Amend 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: Josh Clague, 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 section 190.40, Adirondack Rail Trail. These regulations will address public use on the Adirondack Rail Trail to ensure natural resource protection and public safety while providing a positive user experience. Contact: Josh Clague, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: 518 473-9518, E-mail: [email protected]
6 NYCRR Part 193, Trees and Plants. Amend section 193.3, Protected Native Plants, by updating the lists of endangered, threatened, rare, and exploitably vulnerable plants to reflect changes in population status that have occurred since the last update in 2012. Scientific names will also be updated to reflect current taxonomic nomenclature. Contact: Justin Perry, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4253, Telephone: 518 402-9425 E-mail: [email protected]
6 NYCRR Part 193, Nurseries and Planting Stock. Amend section 193.1 to promote increased usage of New York grown planting stock and allow coordination with private nurseries to further the State’s 25 million tree planting goal. A Regulatory Flexibility Analysis will be prepared. Contact: Pieter Bridge, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4253, Telephone: 518 402-9405 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: Justin Perry, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4253, Telephone: 518 402-9425 E-mail: [email protected]
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 and Delaware 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 38, 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 regulations to amend reporting and record keeping requirements for State licensed harvesters. The Department proposes to amend reporting requirements for protected species. 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 also proposes amendments 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. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis.
Contact: Megan Barrow, 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 38 when emailing.
6 NYCRR Part 39, The Department proposes to create a definition for proof of residency and establish requirements for providing such proof of residency when obtaining marine licenses and permits. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Jessica Steve, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0430. Email: [email protected]. Please reference 6 NYCRR Part 39 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. 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 change the open season for striped bass recreational fishing potentially including non-targeting closures, consistent with the ASMFC fishery management plan. The Department proposes amendments to establish seasonal area gear closures and gear modifications to decrease bycatch of Atlantic sturgeon and other protected species. The Department may amend gear and manner of take restrictions for the shore-based shark fishery to further 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 modify rules pertaining to commercial tautog tag issuance, allocation, and accountability. 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 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. The Department proposes to adopt regulations to allow for transfer of commercial tags amongst Commercial Striped Bass Harvester permit holders. 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 create regulations which would formalize Special Harvest Programs for commercial fishermen. Special Harvest Programs allow eligible commercial fishermen to possess weekly or biweekly limits for quota managed species, when authorized by the Department. This regulation would clarify program rules for participants and improve law enforcement’s ability to enforce program rules. 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 abide by the National Shellfish Sanitation Program (NSSP) and to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified (closed) to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified (open) for the taking of shellfish. Shellfish are defined in law as oysters, scallops, clams, and mussels. The Department proposes that shellfish lands that have not been subject to a sanitary survey conducted within the previous twelve (12) years be designated as uncertified. The Department proposes to clarify current closure descriptions to reduce complexity and improve readability of the regulations. 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, cage tag requirements or exemptions, 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 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. The Department would propose lobster regulations based on the details of these Addenda. The Department would propose rules for the use and sale of non-local crustaceans in 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 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.
6 NYCRR Part 661, Tidal Wetlands – Land Use Regulations. The Department proposes to amend regulations to better align with the Climate Leadership and Community Protection Act of 2019 and the Community Risk and Resiliency Act of 2014, and with current legislation that requires the Department to authorize and encourage the use of nature-based solutions to stabilize tidal shorelines in the state. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Cassandra Bauer, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754. Telephone: 631-444-0474. E-mail: [email protected]
Please reference 6 NYCRR Part 661 when emailing.
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 320-325. This rulemaking will include comprehensive reorganization and revisions to the current rule to update the current pesticide applicator certification and use regulations. This rulemaking will also incorporate federal certification and training regulations contained in 40 CFR Part 171. Part 326 Registration and Classification of Pesticides related to the sale of restricted use pesticides will also be revised to address the registration of minimum risk pesticides and remove references to outdated pesticides. Minimum risk pesticides are commonly known as 25(b) pesticides are pesticides classified by the USEPA as exempt from the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act. 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.
6 NYCRR Part 350, Food Donation and Food Scraps Recycling. Part 350 will be amended to reflect changes made to the Food Donation and Food Scraps Recycling Law in February of 2025. The amendments that were signed into law by the Governor include a revised definition of designated food scraps generator (350-1.2(e)) to include those that generate one ton per week or more beginning on January 1, 2027, and one-half per week or more beginning on January 1, 2029 and a revised requirement to recycle food scraps (350-2.4(a)) if an organics recycler with capacity is available within 50 miles of the generator beginning on January 1, 2027. Other references to the rule on tonnage and mileage throughout 6 NYCRR Part 350 also will be revised to reflect the amendments made to the Food Donation and Food Scraps Recycling Law in 2025. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Molly Trembley, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8678. E-mail: [email protected]
Please include ‘Part 350’ 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: Jaime Lang, 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 Parts 360 & 363, GHG Emissions Reductions at Solid Waste Landfills. Solid waste landfills have been identified as contributing 78% of the total waste sector GHG emissions. In order to ensure that landfill activities are consistent with Climate Leadership and Community Protection Act, this rulemaking will amend the Part 360 requirements and Part 363 landfill design, operating requirements and permit application documents. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Jaime Lang, 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: Gary Feinland, 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 Subpart 368-4, Carpet Collection Program. ECL Article 27 was amended to add new Title 33, establishing the Carpet Collection Program Law (Law). In order to offer for sale carpet in the state, the Law requires carpet producers, either individually or through a representative organization, to implement a plan approved by DEC to collect and recycle postconsumer carpet, underlayment, and artificial turf, in a manner free and convenient to consumers. Producers are required to meet increasing recycling and closed-loop recycling rates, use increasing amounts of recycled content in their products, and educate consumers on the program. The Law also establishes a thirteen-member advisory board to make recommendations regarding submitted producer plans. To reduce toxic chemicals in the supply chain, the Law provides that carpet containing or treated with PFAS substances for any purpose cannot be offered for sale in the State on or after December 31, 2026. Finally, the Law establishes civil penalties, and, starting four years after a plan is approved, DEC is to assess a penalty of 25 cents per pound on a producer or representative organization for the number of additional pounds of carpet that would have been needed to achieve the required recycling rates. DEC is authorized to promulgate any rules and regulations necessary to implement the Law and intends to do so prior to July 1, 2026. The rulemaking will add a new Subpart 368-4 and will address areas of ambiguity with respect to the Law’s: definitions; program plan requirements; labeling and design requirements; and the responsibilities of DEC, the Advisory Board, and carpet producers. 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 368-4” in the subject line when emailing.
6 NYCRR Parts 370, 371, 372, 373, 374 and 376, Hazardous Waste Management Regulations ('FedReg6'). This rulemaking will incorporate, as appropriate, most federal rules that were adopted between July 31, 2013, and July 26, 2024, 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 secondary containment requirements for liquid hazardous waste, used oil management, and management of 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: 518-402-8652. E-mail: [email protected]
Please include 'FedReg6' in the subject line when e-mailing.
6 NYCRR Subpart 374-4, Dental Amalgam Regulations. This rulemaking will amend the existing Subpart 374-4 regulations to include requirements for certain dental dischargers that are not currently included in the subpart but are required under 40 CFR Part 441. The rulemaking will also revise definitions as needed to incorporate the new 40 CFR Part 441 requirements. 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 374-4” in the subject line when emailing.
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: 518-402-8652. 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.
6 NYCRR Parts 550, Promulgation and Enforcement of Rules and Regulations, 561, Closed Loop Geothermal Boreholes, 563 Closed Loop Stratigraphic Test Wells, and 569 Incorporation by Reference. The Department proposes to amend Part 550 and add Parts 561, 563 and 569 to regulate closed loop geothermal boreholes and closed loop stratigraphic test wells over 500 feet in depth installed for the purpose of facilitating a geothermal heating or cooling system, or testing downhole characteristics in support of potential future geothermal projects. 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) repeal Mineral Resources’ organizational structure as it is outdated; 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 and closed loop stratigraphic test wells as these will be covered by new stand-alone parts.
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.
6 NYCRR Part 563, Closed Loop Stratigraphic Test Wells. The Department proposes to add a new Part 563 specific to requirements for closed loop stratigraphic test wells over 500 feet in depth. Like closed loop geothermal boreholes, closed loop stratigraphic test wells are designed and constructed with a closed loop pipe that is fully grouted in place from total depth to surface. These stratigraphic wells however are drilled for the sole purpose of testing downhole characteristics for a potential geothermal energy project and are not part of a larger common plan of development. The requirements may include permitting, permit fees, well siting and construction, drilling practices, decommissioning practices, and reporting, for the purposes of protecting natural resources and the environment, and public health and safety.
6 NYCRR Part 596, Incorporation by Reference. The Department proposes to add a new Part 569 specifically to reference published industry standards that are applicable to the drilling and construction of closed loop geothermal wells and closed loop stratigraphic test wells. Once promulgated, the regulated community will be required to use the referenced material as though it were part of the regulation.
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) advance 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 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.
6 NYCRR Part 481, Program Fees: In General. The Department is proposing to amend Part 481 to include specific reference to mined land reclamation program fees. Mined land reclamation program fees are set by statute in ECL Article 72 but should appear in Part 481 along with all other listed Department program fees.
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.
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 2001. 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: Alexander Smith, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3504. Telephone 518-402-8287. E-mail: [email protected]. Please include the Part number when emailing.
6 NYCRR Part 505 - Coastal Erosion Management. Part 505 of 6 NYCRR was last amended in March 1988. Revisions may include clarifying definitions, adding new defined terms, and clarifying language regarding DEC’s review of permit applications for 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: Alexander Smith, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3504. Telephone: 518-402-8287. E-mail: [email protected]. Please include the Part number when emailing.
6 NYCRR Parts 609, and 700 – 706 Water Quality Standards (Triennial Review Rulemakings). Revisions may 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]. Please include the Part number when emailing.
6 NYCRR Part 750 - State Pollutant Discharge Elimination System (SPDES) Permits. Annual revisions are necessary to incorporate the most updated version of the referenced statutes, regulations, and guidance. 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]. Please include the Part number when emailing.
6 NYCRR Parts 703, 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. DEC’s goal is to file a Notice of Proposed Rule Making, with the New York State Department of State (NYSDOS), by March 31, 2026. It is DEC’s goal is to file a Notice of Adoption with the NYSDOS, by September 30, 2026. This rulemaking(s) may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments.
Contact: Stephanie June, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-9255. E-mail: [email protected]. Please include the Part number when emailing.
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]. Please include the Part number when emailing.
6 NYCRR Subpart 217-5, “Heavy Duty Inspection and Maintenance Program.” Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0320, 71-2103, and 71-2105; and Vehicle and Traffic Law Sections 301-b and 375.28. Subpart 217-5 contains the inspection and maintenance requirements for heavy-duty diesel vehicles (HDDVs) registered in the New York Metropolitan Area, and general requirements for HDDVs registered throughout New York State. Subpart 217-5 had been amended to conform to New York’s updated Vehicle Inspection Program (NYVIP3). No amendments are planned at this time.
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, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, and 71-2105, and federal Clean Air Act Section 177 (42 USC § 7507). The Heavy-Duty Low NOx Omnibus (HDO) and Phase 2 Greenhouse Gas Standards for Medium- and Heavy-Duty Vehicles (Phase 2) regulations were adopted by emergency adoption in December 2022, with formal rulemaking completed in September 2023. These State of California regulations were incorporated by reference in New York State. HDO updated diesel and otto-cycle emissions standards and updated warranty provisions for vehicles greater than 10,000 pounds gross vehicle weight rating, among other things; Phase 2 updated greenhouse gas emissions standards. The Department intends to amend Part 218 along with Section 200.9, “Referenced Material,” to adopt California Air Resource Board-approved amendments to HDO that grant additional flexibility to manufacturers. See the Division of Air Resources Regulatory Agenda for more details.
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, 19-0303, 19-0305, 19-1101, 19-1103, 19-1105, 71-2103, and 71-2105, and federal Clean Air Act Section 177 (42 USC § 7507). The Advanced Clean Cars II (ACC II) regulation was adopted by emergency adoption in December 2022, with formal rulemaking completed in September 2023. ACC II incorporated updated zero emission vehicle (ZEV) and low emission vehicle (LEV IV) standards into New York’s existing ACC I program. The new amendments include an annual ZEV sales requirement for original equipment manufacturers, ZEV assurance measures, regulatory flexibilities, and simplified credit accounting. ZEVs are removed from the calculation of NMOG+NOx (non-methane organic gas + oxides of nitrogen) debits, increasing the stringency of emission standards. The adopted ZEV amendments apply to MY2026 and subsequent model year light-duty passenger cars (PC), light-duty trucks (LDT), and medium-duty passenger vehicles (MDPV). The adopted LEV IV amendments apply to 2026 and subsequent model year PC, LDT, MDPV, and medium-duty vehicles. The Department intends to amend Part 218 along with Section 200.9, “Referenced Material,” to update aftermarket catalytic converter (AMCC) warehouse definitions. See the Division of Air Resources Regulatory Agenda for more details.
Contact: Zoë Hutchins, Regulatory Coordinator for the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8401. Email: [email protected].
6 NYCRR Part 175, Special Licenses and Permits – Uniform Procedures; Part 39, Marine Resources Licenses and Permits - Uniform Procedures. Statutory authority: Environmental Conservation Law, sections 1-0101, 3-0301, arts. 11 and 13. Part 175 was amended to reflect the re-establishment of the Division of Marine Resources, to include recently developed licenses and permits, and to clarify processes for the management of special licenses. Part 39 was adopted to house uniform procedures for marine resources licenses and permits, previously located at 6 NYCRR Part 175, to ensure that these licenses and permits are administered in a clear, consistent, and efficient manner. No amendments to Parts 175 or 39 are planned at this time.
Contact: Richard McAuley, Agency Regulatory Coordinator, New York State Department of Environmental Conservation, 625 Broadway FL 14, Albany, NY 12233. Telephone: 518-402-9185. E-mail: [email protected].
6 NYCRR Part 596 and 597, “Chemical Bulk Storage (CBS).” Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 17-1743, 37-0101 through 37-0107, and 40-0101 through 40-0121. Repeal and replace with new 6 NYCRR Part 598. No amendments are planned at this time
6 NYCRR Part 598, “Chemical Bulk Storage (CBS).” Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 17-1743, 37-0101 through 37-0107, and 40-0101 through 40-0121. Repeal existing Part 598 and replace with new 6 NYCRR Part 598. No amendments are planned at this time.
6 NYCRR Part 613, “Petroleum Bulk Storage (PBS).” Statutory authority: ECL sections 1-0101, 3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 17-1001 through17-1017, and 17-1743; Navigation Law sections 173, 175, 176, 178, and 191. No amendments are planned at this time.
Contact: Jennifer Dawson, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: [email protected]
6 NYCRR Parts 421, 601 and 621, “Uniform Procedures Act”. Statutory authority: Environmental Conservation Law, sections 70- 0107(1) and 3-0301(2)(a) Revisions to the regulations that implement ECL article 70 (Uniform Procedures Act) and related changes. No amendments are planned at this time.
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 Section 190.35, Peekamoose Valley Riparian Corridor. Statutory authority: Environmental Conservation Law, sections 1-0101(3)(b), 3-0301(1)(b), 3-0301(1)(d), 3-0301(2)(m), 9-0105(1) and 9-0105(3). The purpose of this rulemaking is to protect public safety and natural resources on the Peekamoose Valley Riparian Corridor. No amendments to this regulation are planned at this time since implementation has been satisfactory.
Contact: Josh Clague, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-408-5508. E-mail: [email protected]
6 NYCRR Part 10, Sportfishing Regulations; and Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 11-0317, 11-1303, and 13-0105. Parts 10 and 40 were amended to revise regulations concerning therecreational harvest of American shad and cobia in New York State. This rule was necessary to limit recreational harvest of these species to ensure sustainability and consistency with interstate and federal fishery management plans. Amendments to Parts 10 and 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 11-0303, 11-1521, 13-0105, 13-0339, 13-0342 and 13-0347. Part 40 was amended to prohibit the use of a gaff when fishing recreationally for striped bass. Additionally, Part 40 was amended to remove the price cap of commercial striped bass tags, and to update reporting requirements specific to striped bass. This rule was necessary to both protect and effectively manage Atlantic Striped Bass in marine waters and to maintain New York’s compliance with Atlantic States Marine Fisheries Commission (ASMFC) requirements. 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, 13-0340-e, and 13-0340-f. Part 40 was amended to revise regulations concerning the recreational harvest of scup and black sea bass in New York State. This rule was necessary to limit recreational harvest of these species to ensure sustainability and consistency with interstate and federal fishery management plans. 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 42, Sanitary Control Over Shellfish. Statutory authority: Environmental Conservation Law, Sections 13-0319. Part 42 was amended to enhance the protection of public health, safety, and welfare for all consumers of raw or undercooked shellfish. Amendments to Part 42 will be proposed as necessary for New York to remain in compliance with federal rules.
6 NYCRR Part 10, Sportfishing Regulations; and Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 11-0303, 13-0105, 13-0339, and 13-0347. Parts 10 and 40 were amended to change the recreational slot size limit of Atlantic striped bass in marine waters and the Delaware River. Amendments to Part 10 and 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; and Part 47, Certification 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. Part 47 was amended to update definitions to match the definitions in 6 NYCRR Part 42. Amendments to Part 41 and Part 47 will be proposed as necessary for New York to remain in compliance with federal rules and maintain consistency across 6 NYCRR.
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].
Part 360 Series Solid Waste Management Regulations. Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, Titles 1, 3, 5, 7, 15, 20, 21, 22 of Article 27, 27-1901, 27-1903, 27-1911, 54-0103, and Title 7 of Article 54. This rulemaking included revisions to the Part 360 Series (6 NYCRR Part 360 Solid Waste Management Facilities, Part 361 Material Recovery Facilities, Part 362 Combustion, Thermal Treatment, Transfer and Collection Facilities, Part 363 Landfills, Part 364 Waste Transporters, Part 365 Regulated Medical Waste and Other Infectious Wastes, Part 366 Local Solid Waste Management Planning, Part 369 State Assistance Projects). The revisions include technical amendments and clarifications to the comprehensive 2017 rulemaking, as well as updated criteria needed due to legal and policy developments. This rulemaking also includes minor revisions to Part 371 and Part 377. Revisions are currently planned for Part 360 and 363. See the Regulatory Agenda for more information.
Part 325 Glyphosate Use on State Property. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 33-0301, 33-0303, and 33-1301.12. The rulemaking established regulations for the use of glyphosate on state properties by state departments, state agencies, public benefit corporations, and their contractors and subcontractors. Furthermore, this addition requires the collection of information on glyphosate applications from state departments, state agencies, public benefit corporations, and their contractors and subcontractors for applications on state property. No amendments are planned at this time.
Parts 370, 371, and 374 Addition of Aerosol Cans and Paint to the Universal Waste Rule. Statutory Authority: Environmental Conservation Law Article 1, Title 1; Article 3, Title 3; Article 19, Title 3; Article 23, Title 3; Article 27, Titles 3, 7, 9, and 20. This rulemaking incorporated provisions of the Federal universal waste regulations relating to aerosol cans into the State’s universal waste regulations. This rulemaking also amended DEC’s universal waste regulations to include provisions to allow hazardous waste paint, including postconsumer paint, to be managed as a universal waste in the State. The objective of the universal waste regulations is to streamline the hazardous waste management standards for certain categories of hazardous waste that are commonly generated by a wide variety of entities. The regulations are designed to promote the collection and recycling of universal waste, ease the regulatory burden on retail establishments and other entities that generate these wastes, and encourage the development of municipal and commercially run recycling programs to reduce the quantity of these wastes going for treatment and disposal. 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]
6 NYCRR 701 and 703, Class SA, SB, SC, and I Saline Waters of the State. This rulemaking amended the water quality standards protective of shellfishing and recreation in the State’s saline waters. Statutory authority: NYS ECL 3-0301 and 17-0301. The initial regulation changes were finalized and went into effect on October 18, 2023. This regulation was amended on October 15, 2025, to limit the application of the wet weather (WW) limited use designation to waters impacted by combined sewer overflows; amend standards to protect off-season secondary contact recreation best uses in saline waters; and amend classifications of 30 formerly Class I or SD waterbody segments to Class SB, SB(WW), or SC. Amending this year. Please see DEC January 2026 Regulatory Agenda.
6 NYCRR 750-1.25, References. This rulemaking updated outdated, inaccurate, and/or redundant references to the Clean Water Act (CWA) and Federal regulations, as well as guidance documents. Statutory authority: NYS ECL 3-0301(2)(m), 17-0303(3), 17-0801, 17-0803, 17-0804 and 17-0811. The initial regulation changes were finalized and went into effect on March 22, 2023. This regulation was amended on August 7, 2024, to revise references contained in 6 NYCRR 750-1.25 to include the most updated version of the referenced statutes and regulations. The 2024 amendments also updated incorrect references to 6 NYCRR 750-1.24 in the substance of 6 NYCRR 750 to correctly reference 6 NYCRR 750-1.25. Amending this year. Please see DEC January 2026 Regulatory Agenda.
Contact: Gwendolyn Wynkoop, Regulatory Coordinator for the Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8194. Email: [email protected].
6 NYCRR Part 201, “Permits and Registrations.” Statutory Authority: Environmental Conservation Law 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 and Sections 501–507 (Title V) of the Clean Air Act. The January 20, 2021, rulemaking revised Part 201 to clarify certain requirements, provide consistent implementation of the DEC’s operating permit program across the state, streamline the air permitting process, and facilitate the ease of use and timely administration of the operating permit program. No further action is anticipated at this time.
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: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0325, 19-0907, 71-2103, and 71-2105. The regulation was revised and adopted on January 5, 2021, and no amendments are planned at this time.
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: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 71-2103, and 71-2105. The regulation was revised and adopted on January 19, 2021, and no amendments are planned at this time.
6 NYCRR Part 230, “Gasoline Dispensing Sites and Transport Vehicles” creates requirements for Stage I vapor recovery systems to reduce VOC emissions from gasoline dispensing facilities (GDF) and transport vehicles to advance progress towards attaining the national ambient air quality standard (NAAQS) for ozone in New York State. Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103 and 71-2105. This regulation was revised and adopted on January 11, 2021. No amendments are planned at this time.
6 NYCRR Part 231, “New Source Review.” 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. BSS staff is currently working on amendments to include requirements for facilities located in areas designated as nonattainment for SO2 and to update 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). Staff is also considering revisions to the requirements of “commence construction” in section 231-3.7.
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. The February 11, 2021, rulemaking updated the regulatory language to implement additional Volatile Organic Compound (VOC) product content limits. No further action is anticipated at this time.
6 NYCRR Part 242, “CO2 Budget Trading Program.” Statutory authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105. The December 31, 2020, rulemaking lowered the established regional emissions cap established under RGGI to approximately 75 million tons in 2021, declining 3.0 percent per year through 2030. The regulation will be amended, as necessary and appropriate, to be consistent with the Regional Greenhouse Gas Initiative Program Review.
Contact: Zoë Hutchins, Regulatory Coordinator for the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8401. Email: [email protected].
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 was evaluated through the Angler Use and Wild Trout Young of Year Recruitment study. Study results indicated that the catch-and-release season was not impacting young of year recruitment. Objectives of the rulemaking are being met. Minor amendments were adopted on individual trout stream reaches on January 22, 2025, based on criteria set forth in New York State Trout Stream Management Plan and availability of public access. A proposal to streamline the regulations and incorporate stream reach classification criteria, consistent with those established in the New York State Trout Stream Management Plan, is under consideration by the Department for a future rulemaking.
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 currently.
6 NYCRR Part 51, Public use of Wildlife Management Areas. Statutory authority: Environmental Conservation Law Section 1-0101, 3-0301, 9-0105, and 11-2101. Parts 51, 61, 75, 84 were repealed and a new Part 51 was adopted to ensure that public use does not interfere or conflict with intended purposes of WMAs, protect natural resources; promote public safety; foster consistency with existing rules for other DEC lands, and codify rules and guidance already in place at many WMAs to make those rules enforceable. The regulation changes were finalized November 3, 2021, and went into effect January 1, 2022. Area-specific regulations for Wildlife Management Areas will be revised to address redundancy or inconsistency with 6 NYCRR Part 51, but no amendments to Part 51 are planned at this time.
6 NYCRR, Part 182, Endangered and Threatened Fish and Wildlife. Statutory Authority: Environmental Conservation Law Sections 3-0301 and 11-0535. This rulemaking improved the review of projects by removing some project types that are known not to cause harm from the review stream and creating an experimental population program. This rulemaking and associated regulations were repealed and replaced by subsequent rulemaking finalized on December 4, 2024. Revisions to the list of threatened, endangered, and special concern species will be proposed, but no further action is anticipated at this time for sections of Part 182 related to project review.
6 NYCRR, Parts 1 and 2, Deer and Bear Hunting. Statutory Authority: Environmental Conservation Law, Sections 3-0301, 11-0303 and 11-0903. This rulemaking increased deer management capacity by establishment of a firearms season for antlerless deer in September in specific Wildlife Management Units and allowance for big game hunters to hunt during the entire daily period of ambient light. The regulation also simplified bear hunting season in the Adirondack Region and enhanced hunter safety by requiring big game hunters using a firearm to wear fluorescent orange or pink clothing to increase their visibility to other hunters. This rulemaking was finalized and went into effect on September 1, 2021. The regulation changes have been beneficial for hunters and game management. Additional regulatory proposals to improve deer and bear hunting opportunities and species management are expected in 2026.
6 NYCRR Section 1.11, Deer Hunting. Statutory Authority: Environmental Conservation Law, sections 11-0303 and 11-0903. This rulemaking provided 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, when many people are off from work and students are on school break. The regulation changes were finalized February 17, 2021. No amendments are planned currently.
Contact: Stephanie Folk, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4750. Telephone: 518-408-2599. E-mail: [email protected].
6 NYCRR Sections 190.25 and 190.10, Zoar Valley Multiple Use Area including Zoar Valley Unique Area and Onondaga Escarpment Unique Area. Statutory authority: Environmental Conservation Law, sections, sections 1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m), 9-0105(1) and 9-0105(3). The purpose of this rulemaking is to protect public health, safety, general welfare and natural resources on the Zoar Valley Multiple Use Area including Zoar Valley Unique Area and Onondaga Escarpment Unique Area. No amendments to this regulation are planned at this time since implementation has been satisfactory.
Contact: Justin Perry, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-9428 E-mail: [email protected]
6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, Sections 13-0105 and 13-0340-d. Part 40 was amended to require that all commercially caught tautog be tagged with a single use tag. Amendments to Parts 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.
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 striped bass using bait. 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].
Part 326 Chlorpyrifos Prohibition Requirements. Statutory authority: Environmental Conservation Law Sections 1-0101, 3-0301, and 33-0303. The rulemaking established to prohibit the sale, purchase, possession, and use of chlorpyrifos. No amendments are planned at this time.
Part 350 Food Donation and Food Scraps Recovery 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 takes 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. Amendments are planned to include changes made to the Food Donation and Food Scraps Recycling Law in 2025. See the Regulatory Agenda for more information.
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]
6 NYCRR 703.4, Water quality standards for coliforms, enterococci, and E. coli. Statutory authority: NYS ECL 3-0301(2)(a), 17-0301(5)(c)(3) and (7). This rulemaking added site-specific standards to Class I and SD waters to provide additional water quality protection of the existing best uses. The initial regulation changes were finalized and went into effect on October 6, 2021. This regulation was amended on October 18, 2023, in which the site-specific standards were removed, and again on October 15, 2025, for additional modifications. Amending this year. Please see DEC January 2026 Regulatory Agenda.
Contact: Gwendolyn Wynkoop, Regulatory Coordinator for the Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8194. Email: [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 7, 2026 issue of the State Register.
Last updated 1.6.26
