Recently Proposed and Adopted Regulations and Policies
Recently Proposed
6 NYCRR Part 242 – CO2 Budget Trading Program
The proposed amendments to 6 NYCRR Part 242 CO2 Budget Trading Program would reduce the annual budget of CO2 allowances through 2037, add a second tier of Cost Containment allowances, remove the emissions containment reserve, remove offset projects, remove eligible biomass provisions, increase the minimum reserve price, reduce the number of allowances set-aside for long term contracts and voluntary renewable energy purchases while still maintaining enough allowances to accommodate anticipated demand, and make other improvements and clarifications to the program. The Department is also proposing complementary amendments to listings of related reference material in 6 NYCRR Part 200 General Provisions. Additionally, New York State Energy Research and Development Authority is proposing to amend 21 NYCRR Part 507 CO2 Allowance Auction Program to align with the proposed amendments to 6 NYCRR Part 242. Comments on these proposed revisions must be received by February 17, 2026.
Text of Revised Proposed Rulemaking for Public Comment:
- Part 242 Express Terms (PDF) - CO2 Budget Trading Program, Underlines indicate new material: bracket indicate deleted material.
- Part 200 Express Terms (PDF) - General Provisions, Underlines indicate new material: bracket indicate deleted material.
- Part 507 Express Terms (PDF) (NYSERDA Regulation) - CO2 Allowance Auction Program, Underlines indicate new material: bracket indicate deleted material.
- Part 242, 200, and 507 Express Terms Summary (PDF)
- Part 242, 200, and 507 Regulatory Impact Statement (PDF)
- Part 242, 200, and 507 Regulatory Impact Statement Summary (PDF)
- Part 242, 200, and 507 Jobs Impact Statement (PDF)
- Part 242, 200, and 507 Rural Area Flexibility Analysis (PDF)
- Part 242, 200, and 507 Regulatory Flexibility Analysis for Small Businesses and Local Governments (PDF)
Public Comments on the Proposed Rulemaking:
The public comment period runs from December 10, 2025, to February 17, 2026.
[email protected] please include “Comments on Part 242” in the subject line of email
Public Comment Hearings
Two virtual public comment hearings will be held on February 9, 2026, at 2pm and 6 pm.
Registration Link Virtual Hearing One(2pm):
https://meetny-gov.webex.com/weblink/register/r3f4cead4b4a9140a2faba113ca2516ea
Webinar Number: 2824 105 2426
Webinar Password: Welcome1
Join by phone only: Call 518-549-0500. Enter access code 2824 105 2426 and password Welcome1 (93526631)
Registration Link Virtual Hearing Two(6pm):
https://meetny-gov.webex.com/weblink/register/r238b2433791d5a9c9b1fc3cca2726033
Webinar Number: 2824 998 4251
Webinar Password: Welcome 1
Join by phone only: Call 518-549-0500. Enter access code 2824 998 4251 and password Welcome 1 (93526631)
All persons, organizations, corporations, or government agencies that may be affected by the proposed regulation are invited to attend the hearing and to submit oral comments. Attendees wishing to comment on the proposed rulemaking at the virtual hearing must register using the link included below no later than 4:00 p.m. on February 8, 2026. Speakers will be called in the order they registered, with elected officials being called first. The ALJ may restrict the time available to speak to three minutes, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be submitted in writing. Equal weight will be given to both oral and written comments.
Interpreter and translation services shall be made available to deaf persons and persons with limited English proficiency 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.
Adopted Rulemakings
6 NYCRR Part 253 – Mandatory Greenhouse Gas Reporting Program
As part of the State’s ongoing efforts to gather information regarding sources of air pollutant emissions and to support the reduction of emissions under the Climate Leadership and Community Protection Act, Chapter 106 of the Laws of 2019, the New York State Department of Environmental Conservation (Department) established a mandatory greenhouse gas (GHG) reporting program that requires certain GHG emission sources to report emissions to the Department. The reporting program is implemented through Part 253, Mandatory Greenhouse Gas Reporting Program. The Department also includes attendant revisions to 6 NYCRR Part 200 to capture all incorporation by reference documents from Part 253. For questions relating to the newly adopted 6 NYCRR Part 253, please submit questions in writing to [email protected] or to the NYSDEC Division of Air Resources, 625 Broadway, Albany, NY, 12233.
Rulemaking Documents
Additional documents, including a Fact Sheet and FAQ can be found on the Mandatory Greenhouse Gas Reporting webpage.
Environmental and Regulatory Impact Review
Pursuant to SEQR, DEC has determined that the 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 July 2, 2025 (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.
