Adopted Parts 621, 421, 601
On August 31, 2023, the Department of Environmental Conservation adopted amendments to Part 621 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (Uniform Procedures Act regulations), with conforming changes to Parts 421 and 601. UPA governs the processing of most categories of DEC permits (e.g., air, water, solid waste), and the amendments are the first major overhaul to these regulations since 2006. Additionally, in accordance with the requirements of the State Administrative Procedures Act (SAPA), the Department filed a Notice of Adoption with the Secretary of State that was published in the State Register on September 27, 2023. The adopted amendments became effective on December 26, 2023.
The following are some highlights of the changes to the regulations:
- Designation of additional classes of “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 UPA permitting.
Environmental and Regulatory Impact Review
DEC determined, pursuant to the State Environmental Quality Review Act (ECL Article 8 with implementing regulations at 6 NYCRR 617), that the revisions to the UPA regulations would not have a potentially significant adverse impact on the environment. In accordance with the State Administrative Procedures Act, DEC has also prepared a regulatory impact statement, and an assessment of public comment that are available below.
Rulemaking Documents
- Parts 621, 421, and 601 - Express Terms (PDF)
Note - in the express terms document, text that has been added to the regulations is underlined and text that was deleted is [bracketed] - Part 621 - Full Text (PDF) (courtesy copy of changes effective December 26, 2023, without mark-up)
- Certificate of Adoption (PDF)
- Assessment of Public Comments (PDF) (response to comments on proposed amendments with summary)
- Supporting Documents - RIS, RAFA, RFA, JIS, SEQR & CAF (PDF)
For more information about this rulemaking, you may contact:
Contact:
James J. Eldred
New York State Department of Environmental Conservation
Division of Environmental Permits
625 Broadway, 4th Floor, Albany NY 12233-1750
Phone: (518) 402-9167, E-mail: [email protected]