Recently Proposed and Adopted Regulations and Policies
Proposed Rulemakings
6 NYCRR Part 253 – Mandatory Greenhouse Gas Reporting
As part of the State’s ongoing efforts to gather information regarding sources of air pollutant emissions and to support the reduction of emissions to meet the statutory mandates of the Climate Leadership and Community Protection Act, Chapter 106 of the Laws of 2019, the New York State Department of Environmental Conservation (Department) is establishing a mandatory greenhouse gas (GHG) reporting program that would require certain GHG emission sources to report emissions to the Department. The reporting program would be implemented through Part 253, Mandatory Greenhouse Gas Reporting. The Department proposal also includes attendant revisions to 6 NYCRR Part 200 to capture all incorporation by reference documents from Part 253.
Rulemaking Documents
Additional documents, including a Fact Sheet and FAQ can be found on the Mandatory Greenhouse Gas Reporting webpage.
Informational Webinars for Stakeholders
The Department will be holding two public information sessions on proposed Part 253, the Mandatory Greenhouse Gas Reporting rule, on Thursday, May 15. Please note, these sessions are solely for informational purposes and do not constitute public hearings pursuant to the State Administrative Procedure Act. These presentations will be recorded and available for the public to view on the Department's website following the information sessions as soon as practicable.
The purpose of these informational sessions is to provide stakeholders with an overview of the proposed regulation and to provide guidance on how and where to submit comments. To aid in the development of the session and to better inform the presentation and stakeholders’ understanding of the proposal, the Department will accept clarifying questions through May 8, 2025. Questions can be submitted to [email protected].
Please note: Public comments will not be taken during the stakeholder informational sessions. Persons interested in submitting oral public comments may do so in person at the public comment hearings scheduled.
Virtual webinar details:
- Thursday, May 15, at 1 p.m. Register online.
- Thursday, May 15, at 6 p.m. Register online.
Public Comments on the Proposed Rulemaking
Public Comments on the proposed rulemaking will be accepted from April 2, 2025, through 5:00 p.m. July 1, 2025, and should be submitted by:
The public comment form.
Email to [email protected]. Please include “Comments on Proposed Part 253” in the subject line of the email; or
By mail to:
Mandatory Reporting Section
New York State Department of Environmental Conservation
625 Broadway, 11th Floor
Albany, NY 12233-3252
Public Comment Hearings
In addition to written comments, persons wishing to comment on the proposed rule will have the opportunity to make a statement at public comment hearings. Two virtual public comment hearing sessions and three in-person public comment hearings will be held before an Administrative Law Judge (ALJ). The virtual hearings will be conducted electronically via the Webex Webinar platform as indicated below. The electronic format and in-person hearings are reasonably accessible to persons with impaired mobility.
Date | Time | Location |
Tuesday, June 3rd | 1:00 PM | DEC Region 7 Headquarters 5786 Widewaters Parkway Syracuse NY 13214
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Wednesday, June 4th | 1:00 PM | DEC Central Office 625 Broadway Albany NY 12233- PA 129
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Thursday, June 12th | 1:00 PM | DEC Region 2 Headquarters 1 Hunter’s Point Plaza 47-40 21st Street Long Island City, NY 11101-5401
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Wednesday, June 18th | 1:00 PM | Part 253 Public Comment Hearing - Afternoon Session Registration link: https://meetny-gov.webex.com/weblink/register/rfe95146f2e9f0140fcfa3b55d65776b8 |
Wednesday, June 18th | 6:00 PM | Part 253 Public Comment Hearing - Evening Session Registration link: https://meetny-gov.webex.com/weblink/register/r4998b63d088515b3b38989e1a0fe2e5d |
Information for All Hearings:
The ALJ will continue the public comment hearings until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. Reasonable time limits may be set for each speaker as necessary to afford all participants an opportunity to be heard. DEC recommends that lengthy comments be summarized for oral presentation and submitted in writing as provided above. A stenographic transcript of the hearings will be prepared for inclusion in the record.
DEC invites all persons, organizations, corporations, and governmental agencies to attend these hearings and submit either written or oral statements. DEC will give equal weight to written and oral statements. Since a cumulative record of both verbal statements and written comments will be compiled, interested parties are not required to attend and speak at the hearings to comment on the proposed amendments.
Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.
Environmental and Regulatory Impact Review
Pursuant to SEQR, DEC has determined that the proposed rulemaking will not have a significant adverse environmental impact. In accordance with the State Administrative Procedures Act, DEC has also prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for small businesses and local governments, a Rural Area Flexibility Analysis, and a Job Impact Statement.
Recent Adoptions
Adopted Subpart 220-3- Asphalt Pavement Manufacturing Plants Express Terms- Effective September 5, 2024 (PDF)
This is the full text of the updated Express Terms for Subpart 220-3 as of the effective date of September 5, 2024.
Adopted Part 220 Full Rulemaking Package- Effective September 5, 2024 (PDF)
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.
DAR-23: Article 19 Violation Penalty Policy for Short Form Orders on Consent – Effective December 6, 2023 (PDF)
This Program Policy 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. The penalty ranges and guidance contained in this policy will assist Department staff in efficiently and fairly deterring future violations and assessing appropriate penalties for the purpose of administrative settlement. Additionally, this policy will provide the regulated community with greater certainty regarding penalties for minor violations.
This Program Policy supersedes Program Policies DEE-23, dated March 14, 2005, and DEE-5, dated December 20, 1985, as well as DEE-5 Appendices I-VIII. The Department intends to formally rescind DEE-23 and DEE-5 (including Appendices I-VIII).
DAR-24: Calculation of Penalties for Article 19 Violations at Stationary Sources – Effective December 6, 2023 (PDF)
This Program Policy 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. The penalty ranges and guidance contained in this policy will assist Department staff in efficiently and fairly deterring future violations and assessing appropriate penalties. Additionally, this policy will provide the regulated community with greater certainty regarding Article 19 (air) violations at stationary sources.
Adopted Part 203 Oil and Natural Gas Sector, and Part 200 General Provisions - Effective March 3, 2022 (PDF)
The Department has adopted 6 NYCRR Part 203 and Part 200. Part 203 will regulate volatile organic compounds (VOCs) and methane (CH4) emissions from the oil and gas sector. This regulation will fulfil three New York State obligations: (1) reduce greenhouse gases (GHGs) in support of the requirements of the Climate Leadership and Community Protection Act (CLCPA), (2) reduce associated VOCs, and (3) fulfill the requirements of the Environmental Protection Agency's (EPA) 2016 Control Techniques Guidelines (CTG) for the oil and gas industry.
Adopted Repeal Parts 206, 250, 256, and Subchapter C, Air Quality Area Classifications Parts 260-317 - Effective January 26, 2024 (PDF)
The Department has adopted the repeal of 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 has also adopted the revisions to Part 257, "Air Quality Standards" to remove references to 6 NYCRR Part 256. In addition, the Department has adopted the revisions to Part 200, "General Provisions" to update and remove attendant references.
Adopted Subpart 217-5 Heavy Duty Inspection and Maintenance Program - Effective October 20, 2023 (PDF)
The Department is adopting a revision to 6 NYCRR Subpart 217-5, "Heavy Duty Inspection and Maintenance Program." The adopted rule revision will revise HDDV I/M requirements to be implemented through the next statewide New York Vehicle Inspection Program (NYVIP3). The adopted revisions to Subpart 217-5 are necessary to 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."
Adopted Part 218 Advanced Clean Cars II (ACC II) - Effective September 4, 2023 (PDF)
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. The adopted ZEV amendments include an annual ZEV sales requirement for original equipment manufacturers, ZEV assurance measures, regulatory flexibilities, and simplified credit accounting. The LEV IV amendments remove ZEVs from the fleet average NMOG+NOx standard and increase the stringency of emission certification standards. The adopted ZEV amendments will apply to 2026 and subsequent model year light-duty passenger cars (PC), light-duty trucks (LDT), and medium-duty passenger vehicles (MDPV). The adopted LEV IV amendments will apply to 2026 and subsequent model year PC, LDT, MDPV, and medium-duty vehicles.
Adopted Part 218 HD Omnibus/Phase 2 Greenhouse Gas (P2 GHG) - Effective September 4, 2023 (PDF)
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. The Department's adoption of California's regulations applies to model year 2026 and subsequent heavy-duty engines intended for use in vehicle service classes in New York State. The amendments establish NOx and particulate matter (PM) exhaust emission standards and associated test procedures for heavy-duty engines and vehicles; amend on board diagnostic (OBD) system requirements; amend the heavy-duty in-use testing program; amend the emissions warranty period and useful life requirements; amend the emissions warranty information and reporting requirements and corrective action procedures; establish in-use emissions data reporting requirements; amend averaging, banking and trading program; amend portions of California's Phase 2 Heavy-Duty Greenhouse Gas (GHG) regulations; and establish powertrain test procedures for heavy-duty hybrid vehicles.
Adopted Part 218 Advanced Clean Trucks (ACT) - Effective January 29, 2022 (PDF)
The Department has adopted amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200 to incorporate California’s medium- and heavy-duty zero emission vehicle (ZEV) sales requirement and large entity reporting requirement, also referred to as the “Advanced Clean Trucks” (ACT) regulation.
Adopted Subpart 482-2 Operating Program Fee - Effective June 26, 2024 (PDF)
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.
