Proposed, Emergency, and Recently Adopted Regulations

This page lists rules and regulations that have been proposed or recently adopted and emergency regulations that are in effect. This page will be updated whenever new regulations are proposed or information changes.

Underlines contained in the text of proposed regulations denote new material. Brackets [ ] indicate material to be deleted.

Proposed Regulations Available for Public Comment

1. 6 NYCRR Parts 601, Water Withdrawal Permitting, Reporting, and Registration; and 602, Applications for Long Island Wells - The proposed rule making would revise various parts of 6 NYCRR Parts 601 and 602. These regulations were last revised in 2013 and 1986, respectively. The purpose of the revisions is to improve regulation clarity, consistency, and efficiency based on valuable input from the regulated community, industry groups, Department staff, and other stakeholders.
2. 6 NYCRR Part 6 NYCRR Part 182, Endangered, Threatened Species of Fish and Wildlife; Species of Special Concern - The proposed rulemaking would amend 6 NYCRR Part 182, Endangered, Threatened Species of Fish and Wildlife; Species of Special Concern; Incidental Take Permits to update the list of endangered, threatened, and special concern fish and select wildlife species. This rule making is required to partially update the list of species protected under Part 182.5 to reflect known changes in status for native fish species in New York and to explicitly add species that have been listed by the US Fish and Wildlife Service as endangered or threatened under the Code of Federal Regulations Title 50, part 17.11 that do not appear in the express terms of Part 182.5.
3. 6 NYCRR Part 384 Criteria for Decommissioning of Radioactive Materials Licensed Sites - This rulemaking proposes to adopt Part 384 entitled “Criteria for Decommissioning of Radioactive Materials Licensed Sites” to set criteria for decommissioning which are at least as stringent as the federal License Termination Rule. The criteria are defined in terms of the maximum allowed dose to a member of the public due to residual concentrations of radioactive material in soil and groundwater following decommissioning. Comments are due September 24, 2024.  
4. 6 NYCRR Part 664 - Freshwater Wetlands Jurisdiction and Classification - The proposed rule making would amend 6 NYCRR Part 664, Freshwater Wetlands Maps and Classification regulations to implement amendments to the Freshwater Wetlands Act that take effect January 1, 2025. The rule making would define key terms, improve the freshwater wetland classification system, establish criteria for the identification of Wetlands of Unusual Importance, and establish procedures related to jurisdictional determinations.
5. 6 NYCRR Part 41 – Sanitary Condition of Shellfish Lands - The proposed rule is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified.
6. 6 NYCRR Part 177 Sporting License Printing and Mailing Fee - This rulemaking adopts a regulation to allow License Issuing Agents (LIAs) and license fulfillment centers to levy a nominal fee for the printing and/or mailing of plain paper hunting, fishing, and trapping licenses.

7. 6 NYCRR Part 10 - Sportfishing & Part 40 - Marine Fish (Atlantic Striped Bass) - This rulemaking adopts new recreational regulations for Atlantic Striped Bass to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) fishery management plan. 

8. 6 NYCRR Part 381 Transporters of Low-Level Radioactive Waste - The proposed amendments are to establish regulations consistent with the Nuclear Regulatory Commission (NRC) regulations adopted in 2012, 2015, 2019, 2020, and 2021 that pertain to the transportation of radioactive materials.
9. Proposed Amendments to 6 NYCRR 750-1.25, "References." - The proposed rule making would revise references contained in 6 NYCRR 750-1.25 to include the most updated version of the referenced statutes and regulations. The proposed rule making would also update incorrect references to 6 NYCRR 750-1.24 in the substance of 6 NYCRR 750 to correctly reference 6 NYCRR 750-1.25.

10.  Proposed Rulemaking for the Addition of a New Section 190.41 to NYCRR Part 190 – The proposed rulemaking for the addition of a new section 190.41 to 6 NYCRR Part 190, pursuant to Environmental Conservation Law sections, 1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m), 9-0105(1) and 9-0105(3).This rulemaking will protect public health, safety, and natural resources within the Salt Hill State Forest by addressing overuse while providing a quality outdoor experience for users.

11. Proposed Amendments to Part 494 and Proposed Part 495 – The proposed updates to Part 494 expand controls and reporting on hydrofluorocarbons in refrigerants, propellants, and foams. Comments are due March 19, 2024. The proposed Part 495 controls the use of sulfur hexafluoride, including in gas-insulated switchgear, and establishes reporting on fluorinated greenhouse gases. Comments are due March 21, 2024.

12. Proposed Amendment to Part 375, Environmental Remediation Programs - This rulemaking provides updates to DEC's Environmental Remediation Programs (BCP, SSF, and ERP) and soil clean-up objectives (SCOs). Comments are due May 21, 2024.
13. Proposed Amendments to Part 490 - The proposed updates to Part 490 provides up-to-date science-based projections of future sea level rise. Comments are due April 29, 2024. 

Proposed Regulations Pending (Public Comment Period Closed)

1. 6 NYCRR Part 10 Trout Stream Fishing Regulations - This rulemaking aligns select trout stream regulations with DECs Trout Stream Management Plan and amends tidal trout regulations.
2. 6 NYCRR Part 182 Endangered and Threatened Species of Fish and Wildlife - Species of Special Concern; Incidental Take Permits: The proposed rulemaking reinstates regulatory language that was vacated as a result of a recent court ruling. The proposal is re-issuing the entirety of the endangered and threatened species regulations as they existed prior to the 2022 court decision and providing a public comment period and public hearing to restore the regulations to their previous form. There are no substantial changes to the regulations being made through this effort, beyond updating the dates to the most recent publication of federal regulations that are referenced within the regulations
3. DER-41 - DER is issuing proposed guidance, DER-41 - Financial Assurance (FA) Guidance for Sites in the State Superfund Program and Brownfield Cleanup Program, for public comment along with proposed language for FA instruments. 
4. Part 40 - Marine Fish (Sharks) - The proposed rulemaking amends gear restrictions for recreational shore anglers to enhance law enforcement's ability to protect sharks. These amendments will establish maximum hook sizes and maximum metal leader lengths for shore anglers, limits the deployment of baited hooks to rod and reel only for shore anglers, and prohibits chumming near shore. The proposed rulemaking also adds new handling and release methods for all sharks to improve both shark and angler safety.
5. Part 1.11 - Amendment to Deer Hunting Seasons - This rulemaking would provide an option for counties to annually be excluded from the holiday deer hunt from December 26 to January 1 due to perceived concerns about potential impact to snowmobiling activity.
6. Part 39 and Part 175 - Special licenses and permits; Marine Resources licenses and permits - Uniform Procedures - This rulemaking adds Part 39 and amends Part 175 to clarify the processes for issuance and management of marine resources and special fish and wildlife licenses and permits. In addition, the proposed Part 39 establishes the process by which the Department may temporarily suspend a shellfish dealer permit where violations by the permit holder present a danger to human health.
7. Part 69 and Part 101, Sections 11-0303, 11-0321 and 11-2101 - Regional Hunting Regulations - This rulemaking is necessary to repeal regional hunting regulations.
8. Parts 151, 153, 170, 174, and 182 of Title 6 NYCRR - Pertaining to possession of fur-bearing animals, preserve licenses, importation licenses, breeding and sale of cage birds, and sale of articles containing endangered or threatened species parts.
9. Part 180.1; ECL Section 11-0511 - This rulemaking is to expand the list of animals which pose a risk to health or welfare of the people of the state or indigenous fish and wildlife.
10. Pre-proposal for Part 182.5-Listing of Endangered, Threatened, and Special Concern Species - This pre-proposal is to revise the list of endangered, threatened, and special concern species. The public are invited to review the draft changes and the accompanying species status assessments.
11. Emergency Proposed Rulemaking - Section 190.10 Onondaga Escarpment Unique Area - Section 190.25 Zoar Valley Multiple Use Area - The emergency/proposed rulemaking will protect public health, safety and general welfare on the Zoar Valley Multiple Use Area including Zoar Valley Unique Area by implementing public access restrictions. In addition, it will address unregulated use of the Onondaga Escarpment Unique Area by restricting recreational activities to those compatible with the unique qualities of the parcel. The Notice of Emergency/Proposed Rulemaking is available in the August 4, 2021 issue of the State Register.
12. Amendment to 6 NYCRR Section 190.0 Introduction and Adoption of a New 6 NYCRR Section 190.38 Brookfield Trail System - This rulemaking is being proposed to protect public safety and natural resources on the Brookfield Trail System, a system of trails designated for use by horses, llamas and mountain bikes, located on three reforestation areas covering over 13,000 acres in Chenango and Madison counties.
13. Part 190.39 - New Neversink River Riparian Corridor Regulations - This rulemaking is being proposed to protect public health, safety, and natural resources within the Neversink River Riparian Corridor by addressing overuse and degradation occurring within the Corridor.
14. Proposed Part 199 - The proposed rulemaking aims to improve the Forest Tax Law program by lessening the administrative burdens placed on participants and Department staff while strengthening the sustainable forest management standards.
15. Subpart 220-3 - Asphalt Pavement Manufacturing Plants - The Department is proposing to repeal Subpart 212-4 and create a new Asphalt Pavement Manufacturing Plant regulation under Subpart 220-3. Subpart 220-3 will require new facilities to install control equipment that represents the best achieved industry standards. Existing facilities will be required to install similar controls on a scheduled reduction plan. These changes will reduce air emissions and streamline compliance. 
16. Sections 10.1, 10.10, 11.2, 35.1, 35.3, 42.2, 43-1.1, 43-2.1, 45.1, 47.1, 576.2, and 591.3 - This proposal will amend 6 NYCRR Sections 10.1, 10.10, 11.2, 35.1, 35.3, 42.2, 43-1.1, 43-2.1, 45.1, 47.1, 576.2, and 591.3, to replace all references to the Tappan Zee Bridge with the name of the new bridge -- the Governor Mario M. Cuomo Bridge.
17. Proposed Amendments to 6NYCRR 621, 421, 601 - The proposed amendments would, among other things, provide further clarity and promote expeditious, comprehensive, and thorough review of UPA permit applications.

Emergency Regulatory Actions

1. 6 NYCRR Part 41 – Sanitary Condition of Shellfish Lands - The proposed rule is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes, update definitions and certification requirements for shellfish lands.

2. Part 10 - Sportfishing & Part 40 - Marine Fish (Atlantic Striped Bass) - This rulemaking adopts new recreational regulations for Atlantic Striped Bass to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) fishery management plan. This rulemaking will remain in effect for 90 days.

3. Emergency Rulemaking - Section 190.10 Onondaga Escarpment Unique Area - Section 190.25 Zoar Valley Multiple Use Area - The emergency/proposed rulemaking will protect public health, safety and general welfare on the Zoar Valley Multiple Use Area including Zoar Valley Unique Area by implementing public access restrictions. In addition, it will address unregulated use of the Onondaga Escarpment Unique Area by restricting recreational activities to those compatible with the unique qualities of the parcel. The Notice of Emergency Rulemaking will be available in the October 27, 2021 issues of the State Register and the Environmental Notice Bulletin.

Recently Adopted Regulations (Previous Twelve Months)

1. Subpart 352-1 1,4 Dioxane Limits for Household Cleansing, Personal Care, and Cosmetic Products - This rulemaking implements the amendments to Article 35 and Article 37 of the Environmental Conservation Law (ECL), adopted in 2019, which establish limits on the amount of 1,4-dioxane that can be present in household cleansing, personal care, and cosmetic products sold in the State.
2. 6 NYCRR Chapter 1, Subchapter 1 - Bass Fishing Tournament Permit and Reporting System: This rulemaking establishes a free permit and reporting system for fishing tournaments where black bass (largemouth bass and smallmouth bass) are the targeted species, and the tournament has 10 or more participants. The information derived from this system will help DEC respond to issues such as user conflicts, overuse of the resource, and concerns about black bass populations.
3. 6 NYCRR Parts 624, 621, 622 and Subpart 750-1 – Effective August 21, 2024 - The adopted rule repeals and replaces 6 NYCRR Part 624, Permit Hearing Procedures, and amends Part 621, Uniform Procedures, Part 622, Uniform Enforcement Hearing Procedures, and Subpart 750-1, Obtaining A SPDES Permit and POSS Registration.
4. Adopted Subpart 220-3 – Asphalt Pavement Manufacturing Plants -  The Department is proposing to repeal Subpart 212-4 and create a new Asphalt Pavement Manufacturing Plant regulation under Subpart 220-3. Subpart 220-3 will require new facilities to install control equipment that represents the best achieved industry standards. Existing facilities will be required to install similar controls on a scheduled reduction plan. These changes will reduce air emissions and streamline compliance. Existing Subpart 220-1, which regulates Portland cement plants, will be updated to reflect current particulate emission and nitrogen oxide (NOx) monitoring and reporting requirements. Subpart 220-2, Glass Plants, will remain unchanged. 
5. DMN - 3 Relief from Requirements to Furnish and Maintain Financial Security for Closed Loop Stratigraphic Wells – The Division of Mineral Resources issued a new draft program policy, DMN-3, for a 30-day public comment period that closed on April 26, 2024. This policy will provide relief from the requirement to furnish and maintain financial security when drilling closed loop stratigraphic test wells deeper than 500 feet. 
6. 6 NYCRR Parts 40, 43, 44, 50, 38 – This updates several rulemakings please view webpage for more information, Adopted on July 10, 2024. Effective July 10, 2024.
7. 6 NYCRR Part 190.40 – Adirondack Rail Trail Speed Limit Regulation - This rulemaking provides DEC with the authority to post various speed limits through populated areas for all users on the Adirondack Rail Trail. Effective June 26, 2024.
8. 6 NYCRR Part 40 – Marine Fish (Cobia) - This rulemaking allows New York to close the commercial Cobia fishery by written notice to license holders should the Atlantic States Marine Fisheries Commission (ASMFC) determine that the coastwide commercial Cobia harvest quota has been reached. This rule maintains New York’s compliance with the ASMFC fishery management plan. Adopted on June 26, 2024 Effective June 26, 2024.
9. 6 NYCRR Part 44 - Lobsters and Crabs (Jonah Crab) - This rulemaking will define the Jonah Crab directed trap fishery and establish bycatch limits. These amendments are intended to protect Jonah Crab and are consistent with requirements of the Atlantic States Marine Fisheries Commission (ASMFC) Jonah Crab fishery management plan (FMP). Adopted on June 26, 2024 Effective June 26, 2024.
10. Repeal Parts 206, 250, 256, and Subchapter C, Air Quality Area Classifications Parts 260-317 - Effective January 26, 2024. The Department is proposing to repeal 6 NYCRR Part 206, "State Aid for General Air Pollution Work, New York City;" 6 NYCRR Part 250, "Miscellaneous Orders;" 6 NYCRR Part 256, "Air Quality Classification System;" and Subchapter C, Air Quality Area Classifications, 6 NYCRR Parts 260-317; because they are obsolete. The Department is also proposing to revise Part 257, "Air Quality Standards" to remove references to 6 NYCRR Part 256. In addition, the Department is proposing to revise Part 200, "General Provisions" to update and remove attendant references.  
11. DAR-23: Article 19 Violation Penalty Policy for Short Form Orders on Consent - Effective December 6, 2023. This Program Policy Proposal provides a consistent approach to address New York State Environmental Conservation Law Article 19 air violations where the potential for harm and any actual harm to public health, the environment, or the regulatory system is minor. 
12. DAR-24: Calculation of Penalties for Article 19 Violations at Stationary Sources - Effective December 6, 2023. This Program Policy Proposal provides guidance for calculation of recommended civil penalties for violations of New York State Environmental Conservation Law Article 19 air violations at stationary sources for the purpose of administrative settlement. 
13. 6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands & Part 47 - Certification of Shellfish Lands. Adopted November 23, 2023. Effective July 11, 2023. This rule is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified.
14. Part 10 - Sportfishing & Part 40 - Marine Fish (Striped Bass Size Limit). Adopted November 8, 2023. Effective June 20, 2023. This rulemaking is required to adopt new recreational slot size for Atlantic Striped Bass in marine waters south of the George Washington Bridge and in the Delaware River and its West Branch bordering Pennsylvania, from 28 to 35 inches to 28 to 31 inches as required by emergency action taken by the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Striped Bass Management Board on May 2, 2023. 
15. Part 42 - Shellfish Control. Adopted November 1, 2023. This rulemaking is necessary to bring New York State regulations into compliance with the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish 2019 Revision (Model Ordinance). The rulemaking benefits regulated permit holders by making it easier to understand safe shellfish handling requirements.
16. Subpart 217-5 Heavy Duty Inspection and Maintenance Program - Effective October 20, 2023. The adopted revisions reflect NYVIP3 program requirements; improve the enforcement of HDDV I/M; revise smoke opacity cutpoints; allow the Department to more effectively audit ODEIS; and complement the implementation of the statewide NYVIP3 program. Attendant revisions are also being made to 6 NYCRR Part 200, "General Provisions."
17. Parts 701 and 703 - Saline Water Quality Standards - Adopted September 26, 2023, Effective October 18, 2023. This rulemaking establishes new water quality standards protective of best usages of shellfishing, primary contact recreation, and secondary contact recreation in saline surface waters of New York State. The proposed water quality standards also protect primary contact recreation suitability.
18. DMN - 2: Mined Land Reclamation Law Civil Penalty Policy - Adopted September 22, 2023. This policy outlines procedures for calculating civil penalties associated with violations of the Mined Land Reclamation Law, its implementing regulations and permits issued pursuant thereto.
19. Part 621 with conforming changes to parts 421 and 601 - Adopted August 31, 2023, Effective December 26, 2023. The revisions include designation of additional "minor" projects, addition of provisions for electronic documents and e-business, and incorporation of recent acts of the Legislature in consideration of climate change and environmental justice in permitting.
20. Parts 10 and 40 - Shad and Cobia. Adopted August 16, 2023. This rulemaking is required to maintain New York's consistency with fishery management plans for transboundary and migratory species as required by Environmental Conservation Law (ECL) § 13-0105. 
21. 40 - Marine Fish (Black Sea Bass & Scup) - Adopted September 6, 2023 - This rulemaking is necessary for New York State to implement and remain in compliance with recent Atlantic States Marine Fisheries Commission (ASMFC) changes to recreational Scup and Black Sea Bass harvest. ASMFC and Mid-Atlantic Fishery Management Council (MAFMC) require recreational harvest reductions for Scup and Black Sea Bass after multiple years exceeding the recreational harvest limit for both species coastwide.
22. Part 218 Advanced Clean Cars II (ACC II) - Effective September 4, 2023. The amendments to 6 NYCRR Part 218 incorporate California's latest advanced clean cars (ACC II) zero emission vehicle (ZEV) and low emission vehicle (LEV IV) standards into New York's existing LEV program.
23. Part 218 HD Omnibus/Phase 2 Greenhouse Gas (P2 GHG) - Effective September 4, 2023. The rulemaking incorporates the State of California's Heavy-Duty Omnibus Low NOx (oxides of nitrogen) regulation ("HD Omnibus") and Phase 2 Greenhouse Gas ("Phase 2 GHG") Standards for Medium- and Heavy-Duty vehicles.
24. Adopted Subpart 482-2 Operating Program Fee - Effective August 2, 2023. This regulation establishes the fee to be paid by all facilities that are subject to the requirements of Title V of the Federal Clean Air Act.
25. Part 596-599 - Chemical Bulk Storage Regulations - Principally intended to harmonize existing State Requirements with federal requirements found in 40 CFS Part 280. The rulemaking is adopted and published in the State Register on July 19, 2023. New requirements for operator training and financial assurance will be effective on October 17, 2023.
26. Part 613 - Petroleum Bulk Storage Regulations - Petroleum Bulk Storage Regulations - Principally aimed at harmonizing existing State requirements with the federal requirements found in 40 CFS Parts 280 and 302. The amendments aim to clarify and better harmonize the PBS and CBS programs. The rulemaking is adopted and published in the State Register on July 19, 2023. New requirements for operator training and financial assurance will be effective on October 17, 2023.