Mineral Resources Regulatory Revisions

Recently Proposed and Adopted Regulations and Policies

Advanced Notice of Proposed Rule Making (Comment Period Closed)

Advanced Notice of Proposed Rule Making for 6 NYCRR Parts 550, 561, 563, and 569 for Closed Loop Geothermal

On July 23, 2025, the New York State Department of Environmental Conservation (DEC) published an Advanced Notice of Proposed Rule Making (ANPRM) with the New York State Department of State to amend 6 NYCRR Part 550 and add 6 NYCRR Parts 561, 563 and 569. The purpose of this ANPRM is to solicit stakeholder input to inform DEC’s development of future proposed regulations for closed loop geothermal boreholes and closed loop stratigraphic test wells drilled deeper than 500 feet. The available ANPRM is a feedback-gathering exercise, not a regulatory action. The public are invited to review the ANPRM and supplemental documents for 6 NYCRR Parts 550, 561, 563 and 569. Additional details on the rule making can be found on the web page for closed loop geothermal boreholes.

ANPRM

The public input period ended on August 22, 2025. The following documents are available for public viewing:

• Revised – Sections of 6 NYCRR Part 550 (PDF) – Underlined text denotes new material. Brackets [ ] indicate material proposed to be deleted.
• NEW – 6 NYCRR Part 561 (PDF), Closed Loop Geothermal Boreholes
• NEW – 6 NYCRR Part 563 (PDF), Closed Loop Stratigraphic Test Wells
• NEW – 6 NYCRR Part 569 (PDF), Materials Incorporated by Reference
• DEC Stakeholder Outreach Information Request (PDF) – A series of questions for stakeholder consideration and response, the answers to which will be used to inform the future rule making. 

Generic Environmental Impact Statement (GEIS) for Closed Loop Geothermal

As part of the rule making process and to fulfill the requirements of the State Environmental Quality Review (SEQR) Act, DEC is also writing a GEIS for Closed Loop Geothermal. The GEIS will assess the environmental impacts associated with the issuance of permits for closed loop geothermal boreholes and closed loop stratigraphic test wells drilled deeper than 500 feet.

The public comment period ended on August 22, 2025. The following is available for public viewing:

• Draft Scope of GEIS (PDF)

Public Input and Comment

DEC accepted input and comments from stakeholders and the public on the ANPRM and the Draft Scope for the Closed Loop GEIS from July 23, 2025, until midnight on August 22, 2025. DEC is currently reviewing the comments received.

Supplemental Documents – these are provided for informational purposes only and are not included as part of the formal regulations or feedback:

• Summary of Advanced Notice of Proposed Rulemaking (PDF)
• Permitting Efficiencies (PDF)
• Qualified Contractor Overview (PDF)
• Borehole Construction (PDF)

Informational Webinar for Stakeholders

DEC held two public information meetings to gather input on the ANPRM and formal comments on the draft Scope. Please note, these sessions were solely for informational purposes and do not constitute public hearings pursuant to the State Administrative Procedures Act. 

The first public information meeting was held on July 29, 2025, at 1 p.m. A recording of the meeting is available at: Geothermal Stakeholder Outreach Meeting (afternoon session)-20250729 1703-1 - State of NY Enterprise Webex 

The second public information meeting was held on July 31, 2025, at 6 p.m. A recording of the meeting is available at: Geothermal Stakeholder Outreach Meeting (evening session)-20250731 2203-1 - State of NY Enterprise Webex

A copy of the presentation slides is also available:

• Closed Loop Geothermal Boreholes and Closed Loop Stratigraphic Wells Drilled Deeper Than 500 Feet (PDF)

Proposed Policy Public Comment Period Closed

DMN-4: Mining Projects and Climate Change Considerations

DMN-4 proposes requirements for analyses developed pursuant to Sections 7(2) of the Climate Leadership and Community Protection Act (CLCPA) and for compliance with the Community Risk and Resiliency Act, as amended by CLCPA Section 9 (CRRA), for mined land reclamation permit applications and bluestone exploration authorizations, as well as related Department Initiated Modifications. 

View DMN-4 (PDF)