more, the proposed rule was amended so that an authorized institution of
higher education will not be required to submit the name and a ddress of
each person to whom industrial hemp is sold or distributed to law enforce-
ment, within ﬁfteen days of such sale and distribution but, rather, will be
required to do so in a report submitted quarterly to the Commissioner.
JD Farms also suggested that the proposed rule be amended to allow the
Commissioner to authorize “private farms” to grow, etc. industrial hemp;
this suggestion was not accepted for the same reason that Pre Process,
Inc.’s suggestion was not. Finally, JD Farms suggested that the proposed
rule be amended so that an authorized institution of higher education will
not be prohibited from selling and distributing industrial hemp unless and
until a contract for sale and distribution has been approved by the
Commissioner. The Department has declined to amend the prop osed rule
in response to this suggestion because it believes that its ability to approve
such contracts will allow it to exercise a necessary level of supervision
over the disposition of industrial hemp, a commodity that is a controlled
substance pursuant to state and federal law. Furthermore, the Department
anticipates that it will be able to readily review and either approve or disap-
prove such contracts; as such, commerce in industrial hemp should not be
impeded, due to this requirement. However, should the Department obtain
statutory authorization to expand the number of agricultur al pilot
programs, the Department will reconsider this requirement based upon
administrative burden and the potential for delay.
The Department also received a letter from Assemblywoman Donna A.
Lupardo and Senator Tom O’Mara, dated January 3, 2017, in whi ch the
legislators made several of the same suggestions made by JD F arms that
were accepted by the Department and which resulted in the proposed rule
being amended accordingly (that is, that authorized instit utions of higher
education should not be required to submit a diagram of premi ses where
industrial hemp is processed, and that such institutions should, also, not be
required to submit to law enforcement the name and address of each person
to whom that commodity is sold or distributed to, within ﬁfte en days of
such sale and distribution).
The legislators also suggested, as did JD Farms, that the proposed rule
should be amended so that an authorized institution of highe r education
should not be prohibited from selling and distributing industrial hemp un-
less and until a contract for sale and distribution has been approved by the
Commissioner; as set forth above, the proposed rule will not, at this time,
be amended to reﬂect such suggestion but the Department may c onsider,
in a subsequent rulemaking, whether this provision of 1 NYCR R should
be amended or deleted.
Finally, the legislators suggested that the proposed rule s hould be
amended to set forth procedures for the Department to operat e a pilot
program to study the growth and cultivation of industrial he mp and, in
connection therewith, to enter into contracts with farmers to allow them to
grow and cultivate industrial hemp as well as to sell, distribute, transport,
and process that commodity. Because such an amendment would be a
substantive change to the proposed rule, and to facilitate the broadening of
the scope of the current pilot programs, the Department decl ines to use
this rulemaking to establish a Department run program. Howe ver, the
Department intends to move rapidly to establish a research pilot program
conducted by the Department that is open to private farm participation.
Department of Environmental
Conservation
EMERGENCY
RULE MAKING
Chemical Bulk Storage (CBS)
I.D. No. ENV-19-16-00006-E
Filing No. 52
Filing Date: 2017-01-12
Effective Date: 2017-01-12
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Part 597 of Title 6 NYCRR.
Statutory authority: Environmental Conservation Law, sections 1-0101,
3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 17-1743, 27-13 01, 37-0101
through 37-0107, and 40-0101 through 40-0121
Finding of necessity for emergency rule: Preservation of public health.Speciﬁc reasons underlying the ﬁnding of necessity: The New York State
Department of Health (NYSDOH) has requested that the New York State
Department of Environmental Conservation (DEC) add perﬂuorooctanoic
acid (PFOA-acid, Chemical Abstracts Service (CAS) No. 335-67-1), am-
monium perﬂuorooctanoate (PFOA-salt, CAS No. 3825-26-1), perﬂuo-
rooctane sulfonic acid (PFOS-acid, CAS No. 1763-23-1), and perﬂuo-
rooctane sulfonate (PFOS-salt, CAS No. 2795-39-3) to 6 NYCRR Section
597.3, List of Hazardous Substances. DEC has concluded that these four
substances meet the deﬁnition of a hazardous substance base d upon the
conclusion of the NYSDOH that prolonged exposure to signiﬁc antly
elevated levels of these compounds can affect health and, co nsequently,
pose a threat to public health in New York State when improperly treated,
stored, transported, disposed of or otherwise managed. NYS DOH
scientists have concluded that it is essential to list these chemicals as haz-
ardous substances. See the Regulatory Impact Statement for additional in-
formation, including NYSDOH’s letter requesting that these chemicals be
added to the List of Hazardous Substances (Section 597.3).
It is essential to immediately identify PFOA-acid, PFOA-sa lt, PFOS-
acid, and PFOS-salt as hazardous substances pursuant to 6 NY CRR Sec-
tion 597.3, thereby making them hazardous wastes pursuant to Environ-
mental Conservation Law Section 27-1301, and enabling DEC to exert its
enforcement authorities and to expend funds from the Hazard ous Waste
Remedial Fund to clean up the contaminant. The emergency rul e will
provide DEC with authority to take immediate action to prote ct public
health. To the extent elevated levels of PFOA-related and PF OS-related
substances are identiﬁed throughout the State, DEC needs the authority to
act expeditiously.
Subject: Chemical Bulk Storage (CBS).
Purpose: To amend Part 597 of the CBS regulations.
Text of emergency rule: 6 NYCRR Part 597 is amended to read as follows:
Existing subdivision 597.1(a) through paragraph 597.1(b) (1) remain
unchanged.
Existing paragraph 597.1(b)(2) is amended to read as follows:
(2) Chemical [a] Abstract s[s]Service number or CAS number is the
unique identiﬁer for a chemical substance assigned by the CAS division of
the American Chemical Society.
Existing paragraph 597.1(b)(3) through section 597.2 rema in
unchanged.
Existing section 597.3 is amended to read as follows:
597.3 List of hazardous substances
Table 1 sets forth the list of hazardous substances in alphabetical order.
Table 2 sets forth the list of hazardous substances in Chemic al Abstract s
Service (CAS) number order.
Table 1 and Table 2 are amended to read as follows:
Table 1 – Alphabetical Order
CASRN Substance RQ Air
(pounds)RQ Land/
Water
(pounds)Notes
3825-
26-1Ammonium Perﬂuorooctano-
ate1 1
2795-
39-3Perﬂuorooctane Sulfonate 1 1
1763-
23-1Perﬂuorooctane Sulfonic Acid 1 1
335-67-1 Perﬂuorooctanoic Acid 1 1
Table 2 – CAS Number Order
CASRN Substance RQ Air
(pounds)RQ Land/
Water
(pounds)Notes
335-67-1 Perﬂuorooctanoic Acid 1 1
1763-
23-1Perﬂuorooctane Sulfonic Acid 1 1
2795-
39-3Perﬂuorooctane Sulfonate 1 1
3825-
26-1Ammonium Perﬂuorooctano-
ate1 1
Existing subdivision 597.4(a) is amended to read as follows:
(a) Prohibition of releases.
The release of a hazardous substance which is required to be r eported
pursuant to subdivision (b) of this section is prohibited unless:
(1) such release is authorized; [or]
(2) such release is continuous and stable in quantity and rate and has
been reported pursuant to paragraph (b)(4) of this section[.] ; orNYS Register/February 1, 2017 Rule Making Activities
4(3) such release is of ﬁre-ﬁghting foam containing Perﬂuorooctanoic
Acid (CAS No. 335-67-1), Ammonium Perﬂuorooctanoate (CAS No. 3825-
26-1), Perﬂuorooctane Sulfonic Acid (CAS No. 1763-23-1), or Perﬂuo-
rooctane Sulfonate (CAS No. 2795-39-3) used for ﬁghting ﬁres (but not for
training purposes) and occurs on or before April 25, 2017. In the event
there is a release of such foam that exceeds the reportable quantity of any
hazardous substance, the release must be reported pursuant to subdivision
(b) of this section.
Existing subdivision 597.4(b) remains unchanged.
This notice is intended to serve only as a notice of emergency adoption.
This agency intends to adopt the provisions of this emergenc y rule as a
permanent rule, having previously submitted to the Department of State a
notice of proposed rule making, I.D. No. ENV-19-16-00006-E P, Issue of
May 11, 2016. The emergency rule will expire March 12, 2017.
Text of rule and any required statements and analyses may be obtained
from: Russ Brauksieck, NYS Department of Environmental Conserva -
tion, 625 Broadway, Albany, NY 12233-7020, (518) 402-9553, email:
derweb@dec.ny.gov
Additional matter required by statute: Negative Declaration, Coastal As-
sessment Form, and Short Environmental Assessment Form hav e been
completed for the proposed rule making that was ﬁled on April 25, 2016
with the initial Notice of Emergency Adoption.
Summary of Regulatory Impact Statement
Full text of the Regulatory Impact Statement is available on the New
York State Department of Environmental Conservation’s website at http://
www.dec.ny.gov/regulations/104968.html
1. STATUTORY AUTHORITY
The State law authority that empowers the New York State Department
of Environmental Conservation (Department) to create a list of hazardous
substances is found in Title one of Article 37 of the Environm ental Con-
servation Law (ECL), sections 37-0101 through 37-0111, ent itled “Sub-
stances Hazardous to the Environment” (Article 37). The Dep artment is
authorized to adopt regulations to implement ECL provision s (ECL sec-
tions 3-0301(2)(a) and (m)) which includes listing “substances hazardous
to the public health, safety or environment” which “because of their
quantity, concentration, or physical, chemical or infectious characteristics
cause physical injury or illness when improperly treated, stored, trans-
ported, disposed of, or otherwise managed” in 6 NYCRR Part 597.
2. LEGISLATIVE OBJECTIVES
The legislative objectives underlying Article 37 are direc ted toward
establishing a list of hazardous substances which pose a thr eat to public
health or the environment. The emergency rule adds perﬂuoro octanoic
acid (PFOA-acid, Chemical Abstracts Service (CAS) No. 335-67-1), am-
monium perﬂuorooctanoate (PFOA-salt, CAS No. 3825-26-1), perﬂuo-
rooctane sulfonic acid (PFOS-acid, CAS No. 1763-23-1), and perﬂuo-
rooctane sulfonate (PFOS-salt, CAS No. 2795-39-3) to the li st of
hazardous substances in 6 NYCRR Section 597.3 (Section 597. 3). The
proposed rule, upon adoption, makes the amendments permanent.
3. NEEDS AND BENEFITS
The purpose of the emergency rule and proposed rule is to:
1. Add PFOA-acid, PFOA-salt, PFOS-acid, and the PFOS-salt t o Sec-
tion 597.3;
2. Allow ﬁre-ﬁghting foam containing PFOA-acid, PFOA-salt , PFOS-
acid, or PFOS-salt to be used to ﬁght ﬁres (but not for any other purposes)
on or before April 25, 2017; and
3. Correct the list of hazardous substances by providing uni ts for the
reportable quantities (RQs).
Needs and Beneﬁts of Adding PFOA-acid, PFOA-salt, PFOS-acid, and
PFOS-salt to the List of Hazardous Substances
The Department promulgated an emergency rule on January 27, 2016 to
add PFOA-acid to the list of hazardous substances in Section 597.3. Since
then, the Department became aware of three additional subst ances that
need to be added to the list of hazardous substances. These additional sub-
stances have physical, chemical, and toxicological proper ties similar to
PFOA-acid. The Department decided to allow the January 27, 2016 emer-
gency rule to expire and to undertake the emergency and proposed rule to
include all four substances on the list of hazardous substances.
The Department has concluded that these four substances meet the def-
inition of hazardous substance based upon the conclusion of the New York
State Department of Health (NYSDOH) that the combined weight of evi-
dence from human and experimental animal studies indicates that
prolonged exposure to signiﬁcantly elevated levels of thes e compounds
can affect health and, consequently, pose a threat to public health in New
York State when improperly treated, stored, transported, d isposed of or
otherwise managed. NYSDOH scientists have concluded that it is essential
to list these chemicals as hazardous substances. See the Regulatory Impact
Statement for additional information, including NYSDOH’s letter request-
ing that these chemicals be added to the List of Hazardous Sub stances
(Section 597.3).There are at least three beneﬁts of listing these substances as hazardous
substances in Part 597. First, if a mixture containing one of these sub-
stances in concentrations of 1% or more is stored in an aboveground tank
of 185 gallons or more or any size underground tank, the tank w ould be
subject to the requirements of the Chemical Bulk Storage (CB S) regula-
tions (6 NYCRR Parts 596 – 599) with the purpose of preventing leaks
and spills to protect public health and the environment. Second, releases to
the environment are prohibited (subdivision 597.4(a)). Any release of one
pound or more of these substances must be reported to the Depa rtment’s
spill hotline (subdivision 597.4(b)). Third, if one of thes e substances is
released, the Department is authorized to pursue clean-up of the contami-
nation under one of the Department’s remedial programs (6 NYCRR Part
375) and may expend funds under the “State Superfund” if a res ponsible
party is unwilling or unable to undertake the remediation.
Need and Beneﬁt of Allowing Continued Use of Fire-Fighting Foam
These four substances have been used in Aqueous Film-Forming Foam
(AFFF). While their use was restricted or reportedly remove d from new
products by December 2015, AFFF containing these substances are likely
stored at some facilities since the reported shelf-life of A FFF is up to 25
years. In accordance with existing 6 NYCRR subdivision 597. 4(a), the
release of a hazardous substance is prohibited. This rule adds a provision
allowing entities with ﬁre-ﬁghting foam time to determine if stored foam
contains these hazardous substances. If so, the facility wo uld be required
to arrange for proper disposal of the foam by April 25, 2017. Replacement
foam may not contain a hazardous substance at a concentration that would
result in the release of more than the RQ (one pound) when used as a ﬁre-
ﬁghting foam. Prior to April 25, 2017, entities storing this foam would be
allowed to use the foam, as needed, to ﬁght ﬁres to protect pub lic safety
but not for any other purpose such as training. If the foam is used to ﬁght a
ﬁre and there is a release of one pound or more of a hazardous substance,
the release must be reported to the Department’s spill hotline to allow the
Department to determine if remediation of the release is appropriate.
Need for Correction of the List of Hazardous Substances
A correction is being made to the tables listing hazardous substances. It
was determined that the units for RQs were left off the table causing some
uncertainty regarding when a release would need to be reported. This rule
adds units back to the column heading of the table.
4. COSTS
Costs to Regulated Parties
Because the use of these chemicals is limited by United States Environ-
mental Protection Agency (USEPA) and the CBS tank system req uire-
ments for handling and storing these chemicals do not apply u ntil April
25, 2018, the Department expects that compliance costs will be minimal.
For example, if a facility is storing one of these substances in a 5,000 gal-
lon aboveground storage tank, the two-year registration fee would be $125.
If the facility were to discontinue storage by April 25, 2018, when the stor-
age and handling standards go into effect, there would be no s ubstantive
costs beyond payment of the registration fee. If the facilit y were to
continue to store one of these substances, it would be subject to the costs
of complying with the handling and storage requirements in Parts 598 and
599.
With one possible exception (entities with ﬁre-ﬁghting for m), the
release prohibition should not present unusual compliance costs for
persons who may be in possession of PFOA-containing or PFOS-
containing substances. Since the Department recognizes th e important
societal interest of ensuring the availability of material s to control ﬁres,
persons have until April 25, 2017 to determine if foam contains hazardous
substances and replace the foam if necessary. If ﬁre-ﬁghting foam contains
a hazardous substance, it cannot be released to the environment after April
25, 2017. The Department anticipates that replacement foam s would be
purchased and that old foam containing a hazardous substanc e would be
disposed of in accordance with applicable requirements. Th e cost to
replace the foam ranges from $16 to $32 per gallon, depending on the
amount and type of foam. Since use of these substances has been restricted
or phased-out, the Department is uncertain how many regulat ed parties
may be in possession of ﬁre-ﬁghting foams that contain one of these
substances.
The costs of complying with the requirements of Part 375 to implement
a remedial program where the four substances are primary con taminants
will vary widely as costs depend upon many factors. Thus, it i s not pos-
sible to meaningfully estimate potential remedial costs ot her than to note
that remedial program costs for other hazardous substances range from the
thousands to millions of dollars.
Costs to the Department, State, and Local Government
The Department will incur costs to administer the CBS program and to
oversee of site remediation by responsible parties. In case s where a
responsible party is unwilling or unable to undertake remed iation, the
costs of the remediation would be incurred by the Department (subject to
efforts to recover the costs).
State and local governments will incur costs making determi nationsNYS Register/February 1, 2017 Rule Making Activities
5regarding whether products containing one of these substances are stored
at their facilities.
5. LOCAL GOVERNMENT MANDATES
No additional recordkeeping, reporting, or other requirem ents not al-
ready created by statute or described above would be imposed on local
governments. This is not a local government mandate.
6. PAPERWORK
The emergency rule and proposed rule contain no substantive changes
to existing reporting and record keeping requirements, exc ept for those
newly subject to this regulation.
7. DUPLICATION
The listing of PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-s alt as
hazardous substances in Part 597 causes no duplication, overlap or conﬂict
with any other state or federal government programs or rules.
8. ALTERNATIVES
The only alternative to listing PFOA-acid, PFOA-salt, PFOS-acid, and
PFOS-salt as hazardous substances considered by the Department, the no
action alternative, was not taken. The Department declined to take no ac-
tion because, as determined by NYSDOH, the combined weight o f evi-
dence from human and experimental animal studies indicates that
prolonged exposure to signiﬁcantly elevated levels of thes e compounds
can affect health and, consequently, pose a threat to public health in New
York State when improperly treated, stored, transported, d isposed of, or
otherwise managed.
9. FEDERAL STANDARDS
Listing PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt as hazard-
ous substances exceeds the current federal approach, as USE PA has not
listed these substances as any of the substances deﬁned as hazardous sub-
stances under the federal Comprehensive Environmental Res ponse,
Compensation, and Liability Act (CERCLA), 42 U.S.C Section 9601, et
seq., or under the applicable regulation, 40 CFR Part 302 (“D esignation,
Reportable Quantities, and Notiﬁcation”). Under the Toxic Substances
Control Act, USEPA worked with industry to voluntarily phase out the use
of PFOA-related substances by December 2015, and proposed a signiﬁ-
cant new use rule, completed in 2002, to limit production and importation
of PFOA-related substances.
10. COMPLIANCE SCHEDULE
A facility that stores one of these substances that is subject to the CBS
registration requirements is required to submit its regist ration application
to the Department when it becomes subject to regulation. If a facility is al-
ready storing one of these substances and is subject to the re gistration
requirements, the requirement became effective on April 25, 2016, the ef-
fective date of this emergency rule. If a facility begins storing one of these
substances and is subject to the registration requirements, it must obtain a
valid registration certiﬁcate prior to storing the materia l. Facilities with
existing storage are not required to comply with the handling and storage
requirements for hazardous substances until April 25, 2018 (6 NYCRR
subdivision 598.1(h)). The Department expects that facili ties that cur-
rently store one of these substances will phase out storage of the substance
prior to April 25, 2018, and, therefore, will not have signiﬁ cant CBS
compliance requirements beyond the registration requirement.
Existing Part 597 prohibits the release of a hazardous subst ance to the
environment (subdivision 597.4(a)). This emergency rule a nd proposed
rule allow entities storing ﬁre-ﬁghting foam to use the foam until April 25,
2017 while they determine if the foam contains one of these ha zardous
substances. If the foam does contain one of the substances, the foam must
not be released to the environment after April 25, 2017. Howe ver, if the
foam is used to ﬁght a ﬁre and there is a release of one pound or more of a
hazardous substance, the release needs to be reported to the Department’s
spill hotline (subdivision 597.4(b)).
Listing these substances as hazardous substances results i n sites con-
taminated with one of these substances being subject to the i nactive haz-
ardous waste disposal sites regulatory requirements of Par t 375, which
sets forth requirements for remediation. Remedial programs for a site tend
to be complex, multi-phased, and take from a few to many years to
complete.
Summary of Regulatory Flexibility Analysis
Full text of the Regulatory Flexibility Analysis for Small B usinesses
and Local Governments is available on the New York State Department of
Environmental Conservation’s website at http://www.dec. ny.gov/
regulations/104968.html
1. EFFECT OF RULE
The purpose of the emergency rule and proposed rule is to:
1. Add perﬂuorooctanoic acid (PFOA-acid, Chemical Abstracts Service
(CAS) No. 335-67-1), ammonium perﬂuorooctanoate (PFOA-sa lt, CAS
No. 3825-26-1), perﬂuorooctane sulfonic acid (PFOS-acid, CAS No.
1763-23-1), and perﬂuorooctane sulfonate (PFOS-salt, CAS No. 2795-
39-3) to 6 NYCRR Section 597.3;
2. Allow ﬁre-ﬁghting foam containing PFOA-acid, PFOA-salt , PFOS-
acid, or PFOS-salt (all four substances) to be used to ﬁght ﬁres (but not fortraining or any other purposes) on or before April 25, 2017, a use which
would not otherwise be allowed under the regulation since the release of a
hazardous substance is prohibited; and
3. Correct the list of hazardous substances by providing units for report-
able quantities (RQs).
The emergency rule and proposed rule apply statewide in all 6 2 coun-
ties of New York State (State). The listing of the hazardous substances has
two effects. First, facilities storing all four substances are now (upon the
effective date of the emergency rule) subject to registrati on requirements
(6 NYCRR Part 596) with the New York State Department of Environmen-
tal Conservation (Department) under the Department’s Chem ical Bulk
Storage (CBS) program. Facilities must comply with the appl icable
handling and storage requirements (6 NYCRR Parts 598-599).
Production of all four substances has already been restricted or report-
edly phased out and replaced with alternative substances. Facilities storing
products containing any of the four substances manufacture d prior to the
manufacturing phase-out will be subject to CBS registration requirements.
Older stocks of ﬁre-ﬁghting foam containing any of the four s ubstances
will be subject to the CBS registration requirements. If the stored foam
contains PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt, the facility
would be required to arrange for the proper disposal of the foam by April
25, 2017. Small businesses are not likely to store these foams in quantities
(explained below). Large local government agencies (ﬁre de partments,
ﬁre districts) possibly maintain stocks of ﬁre-ﬁghting foa m that could be
subject to the registration requirement. The number of facilities that would
be required to register as CBS facilities is expected to be small and go to
zero as stocks of the four substances are eliminated.
Most facilities subject to the CBS regulations are municipa l facilities,
manufacturing facilities, and utilities. There are over 1,400 registered CBS
facilities. The Department believes that the great majority of facility own-
ers and operators are likely small businesses. Local govern ments have
registered over 580 CBS facilities. The Department believes that the types
of facilities registered by local governments are water and wastewater
treatment facilities and are not expected to store any of the four substances.
The Department only collects information regarding the name, address,
and contact information for the owner and operator of registered facilities.
Hence, the Department cannot estimate the number of small bu sinesses
which are CBS regulated (6 NYCRR Parts 596 through 599) or wil l be
regulated due to the emergency rule and proposed rule.
The second effect of the promulgation of this rule is the permanent pro-
hibition of releases of any of the four substances to the environment. The
prohibition takes effect on April 25, 2017 for ﬁre-ﬁghting f oams. The
release prohibition now applies to the four substances including any older
stocks of ﬁre-ﬁghting foams and any material containing the four sub-
stances stored by small businesses or local governments. This will require
local government and small businesses to dispose of materials containing
the four substances. Releases of listed hazardous substanc es above the
reportable quantity (RQ) given in Part 597 (one pound for the four sub-
stances) must be reported to the Department’s Spill Hotline (subdivision
597.4(b)).
The number of sites that will become remedial sites because of the ad-
dition of these four substances to Part 597 is unknown. The De partment
has placed one site on the Registry of Inactive Hazardous Waste Disposal
Sites (Registry) as a result of adding PFOA-acid to Part 597 (Site Registry
ID No. 442046). The Department expects that other sites that used the any
of the four substances in commercial or industrial processe s may have
environmental contamination. Locations where disposal of the substances
occurred or where the substances were components of materia ls released
to the environment may become remedial sites subject to the requirements
of Part 375.
The Department anticipates that remediation issues would be most sig-
niﬁcant for areas where the substances were either manufactured, used to
make other products, released, or disposed of. Based upon currently avail-
able information, the four substances have not been manufactured in New
York State, but have been used here to create other products. It is not
known how many small businesses or local governments own pro perties
that will be subject to the regulatory requirements of Part 3 75because of
contamination from these four substances.
2. COMPLIANCE REQUIREMENTS
This rule makes no changes to any substantive requirement for CBS fa-
cilities other than to place the four substances on the list of hazardous sub-
stances in Part 597.
Facilities that store the any of the four substances in amoun ts and in
tanks that make them subject to the registration requirements of 6 NYCRR
Part 596 must include tank systems on facility registration s with the
Department and pay the registration fee associated with the CBS program.
The fees range from $50 per tank for tanks with capacities les s than 550
gallons to $125 per tank for capacities greater than 1,100 gallons.
If a facility is already storing any of the four substances and is subject
to the registration requirements, the registration requir ement became ef-NYS Register/February 1, 2017 Rule Making Activities
6fective on April 25, 2016, the effective date of this emergency rule. A fa-
cility planning to start storing PFOA-acid, PFOA-salt, PFO S-acid, or
PFOS-salt must obtain a valid registration certiﬁcate prior to storage. Fa-
cilities with existing storage of these substances are not required to comply
with the handling and storage requirements for hazardous substances until
April 25, 2018 (6 NYCRR subdivision 598.1(h)). The Departme nt
anticipates that facilities that currently store any of the four substances
will phase out their storage of the substance prior to April 2 5, 2018 and
therefore would not have substantive CBS compliance requir ements be-
yond the registration requirement.
Listing the four substances as hazardous results in sites otherwise meet-
ing regulatory criteria to be subject to the inactive hazard ous waste dis-
posal sites regulatory requirements of Part 375 for the ﬁrst time. In these
cases, requirements for investigation and cleanup are esta blished by Part
375 and by Department orders and agreements with regulated e ntities.
Part 375 sets forth site investigation requirements which d etermine the
nature and extent of environmental contamination, evaluat e remedial
alternatives, design and construct a remedy, complete the o peration and
maintenance activities required to achieve the site remedi al action objec-
tives, and maintain any institutional or engineering contr ols which make
the remedy effective. Remedial programs for a site tend to be complex,
multi-phased, and take from a few to many years to complete.
3. PROFESSIONAL SERVICES
No new or additional professional services will be needed fo r small
businesses or local governments to comply with this rule. Fa cilities
continuing to store the substances after April 25, 2018, whe n the storage
and handling standards go into effect, may need professiona l services to
meet hazardous substances handling and storage requirements.
A small business or local government which becomes a remedial party
subject Part 375 remedial program requirements, will requi re consulting
and contractual services, including professional enginee rs or qualiﬁed
environmental professionals as deﬁned in Part 375 and contr actual ser-
vices needed to undertake site investigation ﬁeld work, ana lyses of
environmental samples, or other specialized services.
4. COMPLIANCE COSTS
Production of the four substances has been phased out and the substan-
tive CBS tank system requirements for their handling and storage will not
apply until April 25, 2018. The Department expects that the c ompliance
costs for meeting the CBS requirements will be minimal. If th e facility
discontinues storage by April 25, 2018, when the storage and handling
standards go into effect, there will be no other substantive costs.
The release prohibition will not present signiﬁcant compliance costs for
small businesses and local governments.
Part 375 compliance costs for remedial program implementation where
any of the four substances are the primary contaminants will vary widely.
Costs are related to the following: quantity released to the environment,
media contaminated (e.g., soil, groundwater, surface wate r, sediment,
bedrock), the horizontal and vertical extent of contaminat ion, the acces-
sibility of contamination, whether there are human or envir onmental
receptors to protect while a remedial program is undertaken, the difﬁculty
of removing the substances from the contaminated environme ntal media,
the anticipated future use of the area of contamination, and other factors. It
is not possible to meaningfully estimate the potential costs to small busi-
nesses and local governments resulting from listing the sub stances as
hazardous. Remedial program costs for other hazardous subs tances have
ranged from the thousands to millions of dollars on a case-by-case basis.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY
The economic and technological feasibility for small busin esses or lo-
cal governments related to compliance with this rule depends upon which
requirements apply. If small businesses or local governments are required
to comply with CBS registration requirements only, no signiﬁcant impedi-
ments will be faced. If a CBS facility decides to store the substances after
April 25, 2018, when the storage and handling standards go in to effect,
costs would be incurred to comply with handling and storage requirements.
Costs could include design, construction, and maintenance of tank systems
to meet the technical requirements for release prevention, release detec-
tion, and containment of potential spills. No technologica l feasibility is-
sues will exist, but costs would be incurred commensurate wi th storage
amounts.
The economic and technical feasibility of complying with th e require-
ments to remediate a site contaminated by the substances for a small busi-
ness or local government is explained above in compliance costs.
6. MINIMIZING ADVERSE IMPACT
The Department is adopting this emergency rule and proceedi ng with
this proposed rule based upon the conclusion of NYSDOH that t he
combined weight of evidence from human and experimental animal stud-
ies indicates that prolonged exposure to signiﬁcantly elev ated levels of
these compounds can affect health and, consequently, pose a threat to pub-
lic health in New York State when improperly treated, stored, transported,
disposed of or otherwise managed. See the Regulatory Impact Statementfor additional information, including NYSDOH’s letter req uesting that
these chemicals be added to the List of Hazardous Substances (Section
597.3).
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPA-
TION
The Department will ensure public notice and input by issuin g public
notices in the State Register and newspapers, publication in the Depart-
ment’s Environmental Notice Bulletin, holding a comment pe riod of at
least 45 days, and holding public hearings. Interested part ies, including
small businesses and local governments, will have the oppor tunity to
submit comments and participate in public hearings. The Department will
post relevant rule making documents on the Department’s website.
8. CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORA-
TIVE ACTION
There can be no ameliorative actions or cure period regarding the prohi-
bition against releasing the four substances to the environment because the
prohibition is absolute and intended to prevent the harm that would come
to public health. Prolonged exposure to signiﬁcantly eleva ted levels of
these compounds can affect health and, consequently, pose a threat to pub-
lic health in New York State when improperly treated, stored, transported,
disposed of or otherwise managed. The concept of a cure period does not
apply in the case of a remedial program.
If a facility subject to the CBS facility registration requirement for the
any of the four substances fails to register its facility in a ccordance with
Part 596, the facility owner/operator will be subject to penalties that have
been in place and exercised by the Department for all types of parties for
decades, including small businesses and local governments. Therefore, no
additional ameliorative actions or cure period establishe d for this rule
regarding CBS registration or handling and storage requirements.
9. INITIAL REVIEW OF THE RULE
DEC would conduct an initial review of the rule within three y ears of
the promulgation of the ﬁnal rule.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS
There are 44 counties in New York State (State) that have popu lations
of less than 200,000 people and 71 towns in non-rural counties where the
population density is less than 150 people per square mile. Since the emer-
gency rule and proposed rule apply statewide, they apply to a ll rural as
well as non-rural areas of the State. The emergency rule adds perﬂuo-
rooctanoic acid (PFOA-acid, Chemical Abstracts Service (CAS) No. 335-
67-1), ammonium perﬂuorooctanoate (PFOA-salt, CAS No. 382 5-26-1),
perﬂuorooctane sulfonic acid (PFOS-acid, CAS No. 1763-23- 1), and
perﬂuorooctane sulfonate (PFOS-salt, CAS No. 2795-39-3) t o the list of
hazardous substances in 6 NYCRR Section 597.3 (Section 597. 3). This
rule also provides time for facilities storing ﬁre-ﬁghting foam containing
one or more of these newly listed hazardous substances to properly dispose
of it, and makes a correction to the tables of hazardous substances in Part
597 by providing units for reportable quantities (RQs). There is no reason
to believe that the actions under this rule will disproportionally impact ru-
ral areas.
2. REPORTING, RECORDKEEPING, OTHER COMPLIANCE RE-
QUIREMENTS, AND NEED FOR PROFESSIONAL SERVICES
This emergency rule and proposed rule makes no changes to reporting,
recordkeeping, or other compliance requirements for Chemical Bulk Stor-
age (CBS) facilities other than to place PFOA-acid, PFOA-sa lt, PFOS-
acid, and PFOS-salt on the list of hazardous substances in Section 597.3.
Facilities that store PFOA-acid, PFOA-salt, PFOS-acid, or PFOS-salt
in speciﬁed quantities and use certain tanks that make them subject to the
registration requirements of 6 NYCRR Part 596 must include t hese tank
systems in their facility registration with the Department , and pay a
registration fee associated with the CBS program. Faciliti es regulated
under 6 NYCRR Parts 596-599 most commonly store hazardous su b-
stances in stationary aboveground tank systems with a capac ity greater
than 185 gallons.
A facility that stores PFOA-acid, PFOA-salt, PFOS-acid, or PFOS-salt
that is subject to the CBS registration requirements, as exp lained above,
must submit its registration application to the Department and pay the
commensurate fee at the time it becomes subject to regulation. If the facil-
ity is already storing PFOA-acid, PFOA-salt, PFOS-acid, or PFOS-salt,
and is subject to the registration requirements, the regist ration require-
ments became effective on April 25, 2016, the effective date of this emer-
gency rule. If a facility plans to start storing PFOA-acid, P FOA-salt,
PFOS-acid, or PFOS-salt, and is subject to the registration requirement, it
must obtain a valid registration certiﬁcate prior to storin g the material. A
facility with existing storage of PFOA-acid, PFOA-salt, PF OS-acid, or
PFOS-salt is not required to comply with the handling and storage require-
ments for hazardous substances until April 25, 2018 (subdiv ision
598.1(h)). Since the Department anticipates that faciliti es that currently
store PFOA-acid, PFOA-salt, PFOS-acid, or PFOS-salt will p hase out
storage of the substance prior to April 25, 2018, they will not have substan-NYS Register/February 1, 2017 Rule Making Activities
7tive CBS compliance requirements regarding these chemicals beyond the
registration requirement.
Existing Part 597 prohibits the release of a hazardous subst ance to the
environment unless a release is authorized or is continuous and stable and
has been reported to the Department (subdivision 597.4(a)) . This rule in
addition allows entities with ﬁre-ﬁghting foam to use the fo am to ﬁght
ﬁres on or before April 25, 2017 while they determine if the foam contains
PFOA-acid, PFOA-salt, PFOS-acid, or PFOS-salt. If the foam contains
one of these hazardous substances, the foam must be disposed of in accor-
dance with appropriate regulations by April 25, 2017. Replacement foam
may not contain a hazardous substance at a concentration that would result
in the release of more than the RQ (one pound) when used as a ﬁre-ﬁghting
foam. However, if the foam is used to ﬁght a ﬁre and there is a release of a
hazardous substance above the RQ stated in Part 597 for the su bstance
(one pound for these hazardous substances), the release must be reported
to the Department’s spill hotline (subdivision 597.4(b)).
Listing PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt as hazard-
ous substances results in sites contaminated with PFOA-acid, PFOA-salt,
PFOS-acid, or PFOS-salt being subject to the inactive hazar dous waste
disposal sites regulatory requirements of 6 NYCRR Part 375. In these
cases, requirements for investigation and cleanup are esta blished by Part
375 and by Department orders and agreements with regulated e ntities.
Part 375 sets forth requirements for the investigation of site conditions to
determine the nature and extent of environmental contamination, evaluate
remedial alternatives, design and construct a remedy, complete the opera-
tion and maintenance activities required to achieve the rem edial action
objectives for the site, and maintain any institutional or e ngineering
controls needed to maintain the effectiveness of the remedy . Remedial
programs for a site tend to be complex, multi-phased, and take from a few
to many years to complete.
No new or additional professional services are anticipated to be needed
by facilities located in rural areas to comply with the emergency rule and
proposed rule regarding the CBS requirements if they discontinue storing
PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt before the handling
and storage requirements take effect on April 25, 2018. If fa cilities
continue to store after April 25, 2018, when the storage and handling stan-
dards go into effect, facility owners/operators may need pr ofessional ser-
vices to assist them in meeting the handling and storage requirements for
hazardous substances.
If an owner/operator in a rural area becomes a remedial party subject to
requirements to implement a remedial program under Part 375 , it would
likely require consulting and contractual services to assist in carrying out
the remedial program. This could include professional engineers or quali-
ﬁed environmental professionals, as deﬁned in Part 375, and contractual
services needed to complete site investigation ﬁeld work, a nalyses of
environmental samples, or other specialized services.
3. COSTS
The Department does not anticipate a variation in compliance costs for
different types of public and private entities in rural area s. Since PFOS-
acid, PFOS-salt, and PFOS-related substances was restricted beginning in
2002 and, under the EPA’s Stewardship Program addressing PFOA-related
substances, eight companies voluntarily removed PFOA-acid, PFOA-salt,
and PFOA-related substances from new products by December 2015, and
because the substantive CBS tank system requirements for ha ndling and
storing PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt will not apply
until April 25, 2018, the Department expects that the compliance costs for
meeting the CBS requirements will be minimal. Hazardous sub stances
regulated under Parts 596-599 are most commonly stored in st ationary
aboveground tank systems with a capacity greater than 185 ga llons.
Registration fees apply to each regulated tank and depend upon the capa-
city of each tank. The fees range from $50 per tank for tanks with capaci-
ties less than 550 gallons to $125 per tank for capacities greater than 1,100
gallons. If a facility discontinues storage by April 25, 2018, when the stor-
age and handling standards go into effect, there will be no other substan-
tive costs.
The prohibition of releases of hazardous substances is not e xpected to
present signiﬁcant compliance costs for public or private e ntities in rural
areas with the possible exception of entities in possession of ﬁre-ﬁghting
foams (Aqueous Film Forming Foam - AFFF) that contain PFOA-related
or PFOS-related substances. This emergency rule and proposed rule adds
a provision to allow facilities with ﬁre-ﬁghting foam the time necessary to
determine if stored foam contains one or more of these substances. If the
stored foam contains one of these substances, the facility w ould be
required to arrange for the disposal of the foam by April 25, 2017. Replace-
ment foam may not contain a hazardous substance. The older foams may
be disposed of as solid waste in a permitted landﬁll since these substances
do not meet the deﬁnition of Resource Conservation and Recovery wastes
when disposed properly. The cost to replace the foam ranges from $16 to
$32 per gallon, dependent on the amount and type of foam that i s being
stored. Prior to April 25, 2017, entities storing this foam will be allowed touse the foam, as needed, to ﬁght ﬁres to protect public safety. However, if
the foam containing one or more of these hazardous substances is released
to the environment in an amount that exceeds the RQ (one pound ), the
release must be reported to the spill hotline to allow the Dep artment to
determine if any remediation of the release is appropriate.
The costs of complying with the requirements of Part 375 to implement
a remedial program where PFOA-acid, PFOA-salt, PFOS-acid, or PFOS-
salt are the primary contaminants, will vary widely as the co sts depend
upon many factors. These include the quantity released to th e environ-
ment, the media contaminated (e.g., soil, groundwater, surface water, sedi-
ment, bedrock), the horizontal and vertical extent of conta mination for
each medium, the accessibility of the contamination, whether there are hu-
man or environmental receptors that must be protected while a remedial
program is being undertaken, the difﬁculty of removing PFOA -acid,
PFOA-salt, PFOS-acid and PFOS-salt from the contaminated environmen-
tal media, the future anticipated use of the area of contamin ation, and
other factors. Because of the wide variety of scenarios, it is not possible to
meaningfully estimate the potential costs to persons manag ing PFOA-
acid, PFOA-salt, PFOS-acid and PFOS-salt in rural areas res ulting from
the listing of PFOA-acid, PFOA-salt, PFOS-acid and PFOS-sa lt as haz-
ardous substances other than to note that remedial program costs for other
hazardous substances can range from the thousands to millions of dollars
on a case-by-case basis.
4. MINIMIZING ADVERSE IMPACT
The Department is adopting this emergency rule and proceedi ng with
this proposed rule based upon the conclusion of the New York S tate
Department of Health (NYSDOH) that the combined weight of ev idence
from human and experimental animal studies indicates that p rolonged
exposure to signiﬁcantly elevated levels of these compound s can affect
health and, consequently, pose a threat to public health in New York State
when improperly treated, stored, transported, disposed of or otherwise
managed. NYSDOH scientists have concluded that it is essent ial to list
these chemicals as hazardous substances. See the Regulatory Impact State-
ment for additional information, including NYSDOH’s lette r requesting
that these chemicals be added to the List of Hazardous Substa nces (Sec-
tion 597.3).
This action does not lend itself to the mitigating measures listed in State
Administrative Procedure Act section 202-bb(2), but there are existing
requirements established in the regulations that help to minimize adverse
impacts. For example, the CBS regulations allow a two-year period after a
new chemical is added to the list of hazardous substances bef ore the
handling and storage requirements of Part 598 apply to facil ities with
existing storage of the chemical (subdivision 598.1(h)). I n addition, the
Department has determined through other rule making action s that the
remaining regulatory compliance provisions, including th e storage,
handling, release prohibition, and disposal provisions, appropriately apply
to persons managing hazardous substances in rural areas.
5. RURAL AREA PARTICIPATION
The Department is providing statewide outreach to persons w ho are
subject to this emergency and proposed rule, including those in rural areas.
The Department will ensure public notice and input by issuing public no-
tices in the State Register, newspapers, and the Department’s Environmen-
tal Notice Bulletin; holding a comment period of at least 45 d ays; and
holding public hearings. Interested parties will have the o pportunity to
submit written comments and participate in the public heari ngs. The
Department will also post relevant rule making documents on the
Department’s website.
6. INITIAL REVIEW OF THE RULE
The Department will conduct an initial review of the rule wit hin three
years of the promulgation of the ﬁnal rule.
Job Impact Statement
1. NATURE OF IMPACT
Through the emergency rule and proposed rule, the New York St ate
Department of Environmental Conservation (Department):
1. Adds perﬂuorooctanoic acid (PFOA-acid, Chemical Abstra cts Ser-
vice No. 335-67-1), ammonium perﬂuorooctanoate (PFOA-salt, CAS No.
3825-26-1), perﬂuorooctane sulfonic acid (PFOS-acid, CAS No. 1763-23-
1), and perﬂuorooctane sulfonate (PFOS-salt, CAS No. 2795-39-3) to the
list of hazardous substances in 6 NYCRR Section 597.3 (Section 597.3);
2. Allows ﬁre-ﬁghting foam containing PFOA-acid, PFOA-salt, PFOS-
acid, or PFOS-salt to be used to ﬁght ﬁres (but not for training or any other
purposes) on or before April 25, 2017, a use which would not otherwise be
allowed under the regulation since the release of a hazardous substance is
prohibited; and
3. Corrects the list of hazardous substances by providing un its for
reportable quantities (RQs).
The substantive effects of listing of these substances in Section 597.3 is
to (1) make the handling and storage of PFOA-acid, PFOA-salt , PFOS-
acid, and PFOS-salt subject to the registration and other re gulatory stan-
dards for Chemical Bulk Storage (CBS) facilities (6 NYCRR Pa rts 596-NYS Register/February 1, 2017 Rule Making Activities
8599); (2) prohibit the unauthorized release of PFOA-acid, P FOA-salt,
PFOS-acid, and PFOS-salt to the environment (subdivision 597.4(a)) and
require that any releases above the RQ (one pound) be reporte d to the
Department (subdivision 597.4(b)); and (3) make the invest igation and
remediation of releases of PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-
salt to the environment subject to the Department’s remedia l program
requirements (6 NYCRR Part 375).
The substantive effect of allowing ﬁre-ﬁghting foam to be used to ﬁght
ﬁres (but not for training or any other purposes) on or before April 25,
2017 is to provide entities the time necessary to determine if stored foam
contains one or more of these hazardous substances and replace any foams
as necessary. If stored foam contains one of these substance s, a facility
would have to arrange for the proper disposal of the foam in ac cordance
with all local, state, and federal requirements. Replacement foam may not
contain a hazardous substance at a concentration that would result in the
release of more than the RQ (one pound) when used as a ﬁre-ﬁghting foam.
The older foams may be disposed of as solid waste in a permitted landﬁll
since these substances are not Resource Conservation and Re covery Act
wastes when disposed properly.
The effect of correcting the tables listing hazardous subst ances is to
include the units for RQs to remove uncertainty regarding when a release
must be reported.
Under the federal Toxic Substances Control Act, the United S tates
Environmental Protection Agency (USEPA) has worked with in dustry to
voluntarily phase out the use of PFOA-related substances by December
2015, and proposed a signiﬁcant new use rule (SNUR) to limit the produc-
tion and importation of PFOA-related substances in anticip ation of the
phase-out deadline (80 FR 2885; January 21, 2015). USEPA com pleted
the SNUR to limit the production and importation of PFOS-rel ated sub-
stances in 2002.
Since production of PFOA-related and PFOS-related substances has al-
ready been reportedly phased out or restricted, and alternative substances
have been developed to take the place of these hazardous substances, the
Department does not expect this rule to have a signiﬁcant impact on jobs
and employment either in terms of lost jobs or the creation of new jobs.
Employment opportunities should remain the same or may increase some-
what due to remediation activities.
2. CATEGORIES AND NUMBERS AFFECTED
Since PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt are r eport-
edly no longer being produced in the United States, the CBS re gulations
would only apply to stored PFOA-containing or PFOS-containing materi-
als produced before the phase-out. Since replacement mater ials are al-
ready in place and the number of facilities storing PFOA or PF OS in
quantities large enough to be subject to the CBS regulations is expected to
be small, the number of jobs affected is expected to be small. Existing em-
ployees may be required to arrange for the disposal of older s tocks of
PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt containin g materials,
but this should not require the creation of new jobs or the loss of existing
jobs.
Where PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt has p revi-
ously been released to the environment in ways that make the r esulting
contamination subject to a 6 NYCRR Part 375 remedial program, a limited
number of jobs may be created in order to complete the necessa ry
investigations and remediation of the sites. Job categories would include,
for example, drilling contractors and other heavy equipmen t operators,
ﬁeld investigation technicians, hydrogeologists, engine ers, analytical
chemists and technicians, and others with training and experience related
to site remediation.
The number of sites that may become remedial sites because of the ad-
dition of PFOA-acid, PFOA-salt, PFOS-acid, and PFOS-salt t o Section
597.3 is unknown. The Department has placed one site on the Registry of
Inactive Hazardous Waste Disposal Sites (Registry) as a res ult of adding
PFOA-acid to Section 597.3 (Site Registry ID No. 442046). Th e Depart-
ment expects that other sites that used PFOA-acid, PFOA-sal t, PFOS-
acid, or PFOS-salt in commercial or industrial processes may have PFOA-
acid, PFOA-salt, PFOS-acid, or PFOS-salt environmental co ntamination.
Locations where PFOA-acid, PFOA-salt, PFOS-acid, or PFOS- salt dis-
posal occurred or where PFOA-acid, PFOA-salt, PFOS-acid, or PFOS-salt
were components of materials released to the environment ma y become
remedial sites subject to the requirements of Part 375. Nationally, research
by the United States Department of Defense (DoD) found that a p-
proximately 600 DoD sites are categorized as ﬁre/crash/training areas and
thus have the potential for contamination with perﬂuoroalk yl compounds
(including PFOA-related and PFOS-related substances) due to historical
use of aqueous ﬁlm-forming foams (AFFF) [Strategic Environ mental
Research and Development Program (SERDP), FY 2014 Statemen t of
Need (SON), Environmental Restoration (ER) Program Area, “ In Situ
Remediation of Perﬂuoroalkyl Contaminated Groundwater,” SON
Number: ERSON-14-02, October 25, 2012]. It is possible that the Depart-
ment will list additional Registry sites. The work needed to investigate andremediate these sites may be accomplished by existing staff or new jobs
may be added depending upon the number and complexity of sites.
3. REGIONS OF ADVERSE IMPACT
There are no regions of the State expected to be disproportio nately
impacted by the emergency rule and proposed rule as they apply statewide.
There is no reason to expect that PFOA-acid, PFOA-salt, PFOS -acid, or
PFOS-salt issues will be concentrated in one area over another to any sig-
niﬁcant degree.
4. MINIMIZING ADVERSE IMPACT
For the reasons described above, the emergency rule and proposed rule
are not expected to have a signiﬁcant adverse impact on jobs a nd
employment.
5. SELF-EMPLOYMENT OPPORTUNITIES
The emergency rule and proposed rule are not expected to impact self-
employment opportunities.
6. INITIAL REVIEW OF RULE
The Department will conduct an initial review of the rule wit hin three
years of the promulgation of the ﬁnal rule.
Assessment of Public Comment
The agency received no public comment.
Department of Financial Services
NOTICE OF ADOPTION
Regulations Implementing Comprehensive Motor Vehicle
Insurance Reparations Act; Unfair Claims Settlement Practices
and Claim Cost Control Measures
I.D. No. DFS-47-16-00006-A
Filing No. 50
Filing Date: 2017-01-11
Effective Date: 2017-02-01
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Subpart 65-3 (Regulation 68-C) and Part
216 (Regulation 64) of Title 11 NYCRR.
Statutory authority: Financial Services Law, sections 202 and 302; Insur-
ance Law, section 301
Subject: Regulations Implementing Comprehensive Motor Vehicle Insur-
ance Reparations Act; Unfair Claims Settlement Practices and Claim Cost
Control Measures.
Purpose: To update references to the address of the Department’s Long
Island ofﬁce.
Text or summary was published in the November 23, 2016 issue of the
Register, I.D. No. DFS-47-16-00006-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Hoda Nairooz, New York State Department of Financial Servic es,
One State Street, New York, New York 10004, (212) 480-5595, e mail:
Hoda.Nairooz@dfs.ny.gov
Assessment of Public Comment
The agency received no public comment.
Department of Labor
NOTICE OF ADOPTION
Employer Imposed Limitations on the Inquiry, Discussion, and
Disclosure of Wages
I.D. No. LAB-03-16-00009-A
Filing No. 58
Filing Date: 2017-01-19
Effective Date: 2017-02-01
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:NYS Register/February 1, 2017 Rule Making Activities
9