RULE
REVIE W
Adirondack Park Agency
As required by section 207 of the State Administrative Proce dure
Act (SAPA), the following is a list of rules which were adopted by the
Adirondack Park Agency (Agency) in calendar years 2003 and 2 008
which must be reviewed in calendar year 2018. Public comment on
the continuation or modiﬁcation of these rules is invited an d will be
accepted until February 19, 2018. Comments may be directed to: Paul
Van Cott, Associate Attorney, Legal Division, Adirondack P ark
Agency, P.O. Box 99, NYS Route 86, Ray Brook, New York 12977.
RULES ADOPTED IN 2003 AND EFFECTIVE ON JANUARY
29, 2003
Legal basis for these rules: Adirondack Park Agency Act (APAAct),
Executive Law, article 27; Wild, Scenic and Recreational Ri vers
System Act, Environmental Conservation Law section 15-270 9;
Freshwater Wetlands Act, Environmental Conservation Law s ection
24-0801
Amendment of Part 581 of Title 9 NYCRR as follows:
(1) Subpart 581-1 provided regulatory deﬁnitions and set fo rth the
applicability of part 581 to (i) any violation of the laws or regulations
administered by the Agency, or of any permit, order or settle ment is-
sued by the Agency; and (ii) any Agency proposal to modify, suspend
or revoke any permit issued by the Agency.
(2) Subpart 581-2 provided the general authority and proced ures
the Agency employs to resolve or determine violations of the statutes
that it administers.
(3) Subpart 581-3 implemented the Agency’s statutory authority in
Executive Law section 809(8)(a) to modify, suspend or revok e an
Agency permit.
(4) Subpart 581-4 set out the adjudicatory hearing process a p-
plicable to the imposition of administrative sanctions for violations of
the Freshwater Wetlands Act and the modiﬁcation, suspension, and re-
vocation of Agency permits.
Analysis of the need for the rules: These rules clariﬁed exis ting
regulatory language, expedited delivery of services to the public, and
introduced more consistency, uniformity and predictabili ty into
Agency administration and decision-making consistent wit h govern-
ing statutes.
RULES ADOPTED IN 2008 AND EFFECTIVE ON DECEMBER
31, 2008
Legal basis for these rules: Adirondack Park Agency Act, Executive
Law, article 27; Wild, Scenic and Recreational Rivers Syste m Act,
Environmental Conservation Law section 15-2709; Freshwat er
Wetlands Act, Environmental Conservation Law section 24-0801
(1) [Wetlands] (a) Amended 9 NYCRR section 578.3(n) to delet e
‘‘subdivision” under subsection one and to add a new section (3)
which addresses when a subdivision or portion of a subdivisi on will
require a wetland permit; (b) Amended 9 NYCRR section 570.3(x) to
deﬁne “involving wetlands” under the APA Act as identical to
“regulated activity” under the Agency regulations impleme nting the
Freshwater Wetlands Act; (c) Amended 9 NYCRR section 573.3 t oclarify that proposed wetland parcels being retained will be treated the
same as those being sold, and to remove what would be conﬂicts with
the new jurisdictional rules; and (d) Amended 9 NYCRR section 573.4
to clarify how these rules affect the gift exemption provided by Exec-
utive Law section 811(1)(c).
Analysis of the need for the rules: These amendments complet ely
revised Agency jurisdiction over subdivisions involving w etlands so
as to include those lots, the creation of which may in fact adv ersely
impact wetlands, but also to create criteria for a non-jurisdictional op-
portunity based on subdivision design.
(2) [Shorelines] (a) Amended 9 NYCRR section 575.5, subsect ion
2, to prohibit any major expansion of pre-existing structur es located
within the shoreline setback area unless a variance is granted; and (b)
Amended 9 NYCRR section 575.7 to require that when a pre-existing
non-conforming on-site wastewater treatment system is bei ng re-
placed, it must be located to meet the shoreline setback requirements
to the greatest extent possible and to require a variance for the expan-
sion of a non-conforming wastewater treatment system in conjunction
with an actual or potential proposed increase in occupancy o f the as-
sociated structure.
Analysis of the need for the rules: These shoreline amendmen ts
removed an exemption which gave lawfully pre-existing non-
conforming structures more opportunity to expand than other existing
structures. The amendments also included an opportunity fo r a
“minor” expansion to the rear or the height of the pre-existi ng non-
conforming structure without a variance. Finally, these am endments
tightened the shoreline restrictions with respect to non-c onforming
on-site wastewater treatment systems.
(3) Amended 9 NYCRR section 573.4 to remove subdivision
573.4(b) which provided that the sale of a landowner’s entir e owner-
ship on one side of a public road, railroad, right-of-way owned in fee,
or other intervening fee ownership, will not be considered a
subdivision.
Analysis of the need for the rule: This amendment eliminated the
automatic creation of separate parcels (available for sale without
permit) due to the bisection of one large parcel by roads or rights-of-
ways owned in fee, which division of lands often violated the overall
intensity guidelines.
(4) Added 9 NYCRR section 570.3(bb) to provide a deﬁnition fo r
“square feet of ﬂoor space for a building” and 9 NYCRR section
570.3(bc) to deﬁne the “square footage of a structure other t han a
building.”
Analysis of the need for the rules: These amendments provide d
greater clarity with respect to the measurement of structures.
(5) Amended 9 NYCRR section 570.3(u) to create a new deﬁnition
of “hunting and ﬁshing cabin and private club structure”. Th e deﬁni-
tion focuses on physical attributes of the structure, but also retains the
essential aspects of the existing deﬁnition relating to use requirements.
Analysis of the need for the rule: This amendment provided mo re
clarity with respect to the deﬁnition of the term and more certainty of
administration of the APA Act with respect to such structures.
95Department of Environmental Conservation
3 Year Rule Review
January 2018
Introduction
Each year, pursuant to SAPA, the Department publishes a Revi ew
of Rules in the State Register and on its website. This is a rev iew of
Department rules adopted 3 years previous.
SAPA Section 207 -- 3-Year Rule Review
The following rules were adopted by the New York State Depart -
ment of Environmental Conservation (Department) during 20 15, and
pursuant to SAPA Section 207 have been reviewed. Comments on the
rules that are being amended this year should be directed to the contact
person listed in the main body of the Regulatory Agenda. Comm ents
on any rules that are not being changed at this time will be acc epted
for 45 days from the date of publication in the State Register and
should be directed to the regulatory coordinator for the app ropriate
program, as listed below the rules.
Division of Air Resources
6 NYCRR Part 212 Process Operations. Statutory Authority:
Environmental Conservation Law sections 1-0101, 1-0303, 3 -0301,
19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-
1103, 19-1105, 71-2103, 71-2105. The June 14, 2015 rule maki ng
established consistent terminology between Part 212 and 6 N YCRR
Part 200 (Part 200) and 6 NYCRR Part 201 (Part 201); establish a
Toxic- Best Available Control Technology (T-BACT) standar d for
toxic air contaminants; clarify the interaction between Pa rt 212 and
the National Emission Standards for Hazardous Air Pollutan ts
(NESHAPs); and controlled High Toxicity Air Contaminants (HTACs)
to the greatest extent possible. The 2015 revision of Part 21 2 did not
address 212-4 “Control of Nitrogen Oxides for Hot Mix Asphalt Pro-
duction Plants,” and will be re-evaluated in the next regulatory update.
6 NYCRR Part 218 Emission Standards for Motor Vehicles and
Motor Vehicle Engines. Statutory Authority: Environmenta l Conser-
vation Law sections 1-0101, 1-0303, 3-0301, 19-0103, 19-01 05, 19-
0107, 19-0301, 19-0303, 19-0305, 19-1101, 19-1103, 19-110 5, 71-
2103, 71-2105 and section 177 of the Federal Clean Air Act (42 USC
7507). Incorporate California’s revised greenhouse gas an d ZEV
program standards and annual publication of ZEV credit bala nce
information. Part 218 is proposed to be amended to revise the existing
aftermarket catalytic converter standards (refer to main s ection of
regulatory agenda).
6 NYCRR Parts 243, 244, 245 Transport Rule NOX Ozone Season
Trading Program, Transport Rule NOX Annual Trading Program and
Transport Rule SO2 Trading Program, respectively. Statuto ry
Authority: Environmental Conservation Law sections 1-0101, 3-0301,
19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103 and
71-2105. The proposal and adoption of Parts 243, 244 and 245 resulted
in the replacement of Clean Air Interstate Rule requirements with ap-
plicable Cross-State Air Pollution Rule requirements. Amendments to
these regulations are being considered at this time.
Contact: Richard McAuley, Regulatory Coordinator for the D ivi-
sion of Air Resources, New York State Department of Environmental
Conservation, 625 Broadway, Albany, NY 12233-3258. Teleph one:
518-402-8438. E-mail: air.regs@dec.ny.gov
Division of Environmental Remediation
6 NYCRR Part 570, Liqueﬁed Natural Gas (LNG); Statutory
Authority: Environmental Conservation Law sections 1-0101, 3-0301,
23-1703, 23-1705, 23-1707, 23-1709, 23-1711, 23-1713, 23-1715, 23-
1717 and 23-1719. New Part 570 was adopted on January 21, 2015 to
establish criteria for the siting of and to require DEC permits for LNG
facilities per ECL Article 23, Title 17. No amendments will be made at
this time.
6 NYCRR Parts 596, 597, 598, and 599, Chemical Bulk Storage
(CBS). Statutory Authority: Environmental Conservation L aw sec-
tions 1-0101, 3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 1 7-1743,
37-0101 through 37-0107, and 40-0101 through 40-0121. CBS regula-
tions were amended to harmonize State regulations with fede ral rule
40 CFR 280 so that similar sets of regulatory requirements go vernCBS facilities in the State. These amendments were adopted o n
September 11, 2015. No further amendments will be made at this time.
See 2018 DEC Regulatory Agenda for information pertaining t o the
Phase 2 rule making for amendments to 6 NYCRR Parts 596-599.
6 NYCRR Part 613, Petroleum Bulk Storage (PBS); 6 NYCRR
370.1(e)(2), Hazardous Waste Management – General; 6 NYCRR
374-2, Standards for the Management of Used Oil. Statutory
Authority: Environmental Conservation Law (ECL) sections 1-0101,
3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 17-1001 throug h 17-
1017, and 17-1743; ECL Article 23, Title 23, Article 27, Titl es 7 and
9; Navigation Law sections 173, 175, 176, 178, and 191. The PBS rule
making repealed Parts 612-614 and they were replaced with a
restructured Part 613 to harmonize State regulations with federal rule
40 CFR 280 so that similar sets of regulatory requirements go vern
PBS facilities in the State. Part 613 includes standards for PBS tank
systems that are applicable to tanks storing used oil. Provisions of sec-
tion 370.1(e)(2) and Subpart 374-2 were revised to address changes to
deﬁnitions and cross-references related to proposed Part 613. Amend-
ments were also made to account for changes to 40 CFR Part 279, and
revisions made to federal rules between July 30, 2003 and Apr il 13,
2012 were incorporated into 370.1(e)(2) and Subpart 374-2. The PBS
and used oil management amendments were adopted on Septembe r
11, 2015. No further amendments will be made at this time. See 2018
Regulatory Agenda for information pertaining to: (1) Phase 2 rule
making for amendments to 6 NYCRR Part 613 and (2) amendments
for 6 NYCRR Parts 370-374, 376 of the Hazardous Waste Manage-
ment regulations.
Contact: Angela Chieco, Regulatory Coordinator for Divisi on of
Environmental Remediation, New York State Department of Environ-
mental Conservation, 625 Broadway, Albany, NY 12233-7012.
Telephone: 518-402-9764. E-mail: derweb@dec.ny.gov
Division of Fish and Wildlife
6 NYCRR Part 1 Single Species, section 1.11, Deer hunting seasons
and section 1.30, Deer management assistance program. Stat utory
authority: Environmental Conservation Law, sections 11-0 303, 11-
0903(10), 11-0903(11) and 11-0907. An amendment to adjust a ntler-
less deer harvest regulations to meet local population mana gement
needs and improve the Deer Management Assistance Permit program.
The Department is challenged to manage deer populations across a di-
verse range of environmental conditions and desired population levels.
This amendment modiﬁed hunting regulations to allow for dee r
population growth in some areas (Wildlife Management Unit (WMU)
6A in the St. Lawrence Valley), and increase hunting opportunity (with
the goal of increasing deer harvest) in areas with overabund ant deer
populations (WMUs 1C, 3M, 3S, 4J, 8A, 8C, 8F, 8G, 8H, 8N, 9A, and
9F, which include portions of southeastern New York and throughout
the Lake Plains and northern Finger Lakes area of central and western
New York). Additionally, this rule making reﬁned the Deer Ma nage-
ment Assistance Program (DMAP), which provides site-speci ﬁc deer
management options for landowners and land-managers, expa nding
opportunity for landowners adjacent to unhunted public lands to miti-
gate deer-related damage, reduce paperwork burden for applicants and
staff, increase ﬂexibility for staff in administering DMAP, and improve
reporting of harvest through DMAP. Modiﬁcations to the DMAP
program continue to be appropriate to adequately manage site-speciﬁc
deer populations. Modiﬁed hunting regulations in WMU 6A appear to
be achieving their desired effect and may be altered to restore antler-
less harvest opportunity. Additionally, the modiﬁed regul ations
intended to increase deer harvest in WMUs 1C, 3M, 3S, 4J, 8A, 8 C,
8F, 8G, 8H, 8N, 9A, and 9F were determined to be ineffective an d
were rescinded in 2015.
6 NYCRR Part 1, Single Species, section 1.40, Hunting wild turkey.
Statutory authority: Environmental Conservation Law, sec tions
3-0301, 11-0303, 11-0903, 11-0905, 11-0917 and 11-1101. Am end
wild turkey hunting regulations to revise the fall hunting s eason
structure (season zones, season length, bag limit) to bette r align
harvest opportunities with current wild turkey population s and
environmental conditions (habitat, weather, predator pop ulations).
During the fall season a turkey of either sex may be taken. Overhar-
vesting hens can cause populations to decline. In order to ensure that
the turkey harvest is sustainable, we must adjust fall hunti ng seasonsNYS Register/January 3, 2018 Rule Review
96so that they are more appropriate for the current status of wild turkey
populations in light of limiting factors such as hen survival, productiv-
ity, and habitat quality. Changes made in 2015 are being eval uated
based on harvest and turkey abundance data, and adjustments to the
fall season will be made as warranted by environmental condi tions
and turkey populations. No amendments are planned at this time.
6 NYCRR Parts 10, 18, 19 and 35, Sportﬁsh Activities and associ-
ate activities. Statutory authority: Environmental Conse rvation Law,
sections 3-0301, 11-0303, 11-0305, 11-0317, 11-1301, 11-1 303, 11-
1316, and 11-1319. These amendments promote optimum ﬁshing op-
portunity for public use consistent with resource conserva tion. No
amendments required.
6 NYCRR Part 189, Chronic Wasting Disease. Statutory authority:
Environmental Conservation Law, sections 3-0301, 11-0325, 11-1905
and 27-0703. Amend Part 189 related to the discovery of chronic wast-
ing disease in deer in Ohio to prevent importation of chronic wasting
disease infectious material from the State of Ohio into New York. On
October 23, 2014 DEC was notiﬁed that Ohio conﬁrmed its ﬁrst case
of chronic wasting disease (CWD). New York must ensure that n o
CWD-infected material is transported into the State and the refore
needs to remove Ohio from the list of states that are allowed to export
the carcasses of wild, CWD-susceptible cervids obtained or harvested
from Ohio into New York unless those carcasses have certain p arts
removed before importation into New York. Further amendmen ts are
currently being evaluated pending adoption of the New York State In-
teragency CWD Risk Minimization Plan including restrictions associ-
ated with the importation of cervid carcasses from outside the state.
Contact: Lucretia Paulsen, Regulatory Coordinator for the Division
of Fish and Wildlife, New York State Department of Environme ntal
Conservation, 625 Broadway, Albany, NY 12233-4750. Teleph one:
(518) 402-8924. E-mail: lucretia.paulsen@dec.ny.gov
Division of Lands and Forests
6 NYCRR section 192.7, Control of the Emerald Ash Borer.
Environmental Conservation Law sections, 1-0101(3)(b),
1-0101(3)(d), 3-0301(1)(b), 3-0301(1)(d),3-0301(2)(m) , 9-0105(1),
9-0105(3) and 9-1303), Environmental Conservation Law Art icle 9,
Title 13. This regulation is needed to restrict Emerald Ash B orer to
restricted zones where infestations exist. At this time, no amendments
to this regulation are planned for the coming year.
Contact: Linda Kashdan-Schrom, Regulatory Coordinator fo r the
Division of Lands and Forests, New York State Department of
Environmental Conservation, 625 Broadway, Albany, NY 1223 3-
4250. Telephone: 518-402-9417. Email: linda.kashdan-
schrom@dec.ny.gov
Division of Marine Resources
6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental
Conservation Law, sections 11-0303 and 13-0338. Part 40 was
amended to make State shark regulations consistent with Federal rules
and ensure New York State maintains compliance with the Atla ntic
States Marine Fisheries Commission Interstate Fishery Man agement
Plan for Coastal Sharks. Part 40 will be amended as necessary for
New York to remain in compliance with federal rules and inter state
ﬁshery management plans.
6 NYCRR Part 44, Lobster and Crabs. Statutory authority: Environ-
mental Conservation Law, sections 3-0301, 13-0105 and 13-0 329.
Part 44 was amended to revise the closed season for the harves t and
landing of lobster from Lobster Conservation Management Ar ea
(LMA) 4 and repeal the mandatory V-notching of female lobste rs in
LMA 4. This rule will ensure New York remains in compliance wi th
the Atlantic States Marine Fisheries Commission (ASMFC) Fi shery
Management Plan (FMP) for American Lobster. Part 44 will be
amended as necessary for New York State to remain in complian ce
with federal rules and interstate ﬁshery management plans.
6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental
Conservation Law, sections 11-0303, 11-1521, 13-0339, 13-0347 and
13-0105. Part 40 was amended to reduce commercial and recreational
harvest of striped bass and to ensure New York State remains i n
compliance with the Atlantic States Marine Fisheries Commission In-
terstate Fishery Management Plan for Striped Bass. Part 40 w ill be
amended as necessary for New York to remain in compliance wit h
federal rules and interstate ﬁshery management plans.6 NYCRR Part 49, Shellﬁsh Management. Statutory authority:
Environmental Conservation Law, section 13-0327. Part 49 w as
amended to extend the bay scallop season by one month before t he
season closed on March 31, 2015. The rule, adopted as an emergency,
expired after 90 days.
6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental
Conservation Law, sections 11-0303, 13-0105 and 13-0340-f. Part 40
was amended to reduce the recreational harvest for black sea bass.
This rule making was necessary to ensure New York State maint ains
compliance with the Atlantic States Marine Fisheries Commission In-
terstate Fishery Management Plan (FMP) for Black Sea Bass. Part 40
will be amended as necessary for New York to remain in compliance
with federal rules and interstate ﬁshery management plans.
6 NYCRR Part 41, Sanitary Condition of Shellﬁsh Lands. Statutory
authority: Environmental Conservation Law, sections 13-0 307 and
13-0319. Part 41 was amended to designate as uncertiﬁed (clo sed to
shellﬁsh harvest) either year-round or seasonally shellﬁsh growing ar-
eas in the towns of Hempstead, Oyster Bay, Huntington, Smith town,
Islip, Brookhaven, Riverhead, Southampton, East Hampton a nd
Southold. Shellﬁsh harvested from growing areas that fail t o meet
bacteriological water quality standards may cause illness in those
individuals who consume them. Bacteriological water quali ty testing
is an ongoing task; shellﬁsh growing areas will be classiﬁed as neces-
sary based on the results of the water quality studies. Part 4 1 will be
amended as needed.
Contact: Maureen Davidson, Regulatory Coordinator for the Divi-
sion of Marine Resources, New York State Department of Environ-
mental Conservation, 205 North Belle Mead Road, Suite 1, Eas t
Setauket, NY 11733 Telephone: (631) 444-0483 E-mail:
maureen.davidson@dec.ny.gov
Division of Water
6 NYCRR Parts 701 and 703, Water quality standards for Class I
and Class SD waters in New York City and Suffolk County. Amended
New York’s water quality standards for Class I and Class SD waters to
meet the “swimmable” goal of the Clean Water Act. Statutory
authority: Environmental Conservation Law, arts. 3, 15 and 17, sec-
tions 3-0301, 15-0313, 17-0101 and 17-0301. Further amendments are
currently being evaluated.
Contact: Michelle Tompkins, Regulatory Coordinator for the Divi-
sion of Water, New York State Department of Environmental Conser-
vation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-
8221. E-mail: michelle.tompkins@dec.ny.gov
Department of Environmental Conservation
5 Year Rule Review
January 2018
Introduction
Each year, pursuant to SAPA, the Department publishes a Revi ew
of Rules in the State Register and on its website. This is a rev iew of
Department rules adopted 5 years previous.
SAPA Section 207 -- 5-Year Rule Review
The following rules were adopted by the New York State Depart -
ment of Environmental Conservation (Department) during 20 13, and
pursuant to SAPA Section 207 have been reviewed. Comments on the
rules that are being amended this year should be directed to the contact
person listed in the main body of the Regulatory Agenda. Comm ents
on any rules that are not being changed at this time will be acc epted
for 45 days from the date of publication in the State Register and
should be directed to the regulatory coordinator for the app ropriate
program, as listed below the rules.
Division of Air Resources
6 NYCRR Part 201, Permits and Registrations. Statutory authority:
Environmental Conservation Law, §§ 1-0101, 3-0301, 3-0303 , 19-
0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303,19-030 5, 19-
0306, 19-0311, 70-0109, 71-2103, and 71-2105; 40 CFR part 70 ;
United States Code, § 7661[b], Federal Clean Air Act, §§ 160- 169,
171-193 [42 U.S.C. 7470-7479; 7501-7515]. Part 201 will be amended
to make certain minor wording changes, correct typographical errors,NYS Register/January 3, 2018 Rule Review
97and other minor corrections to ensure consistent implement ation
across regions.
6 NYCRR Part 203, Indirect Sources of Air Contamination. Par t
203 was a regulation that applied to any new or modiﬁed indire ct
source of air contamination south of 60th Street, Manhattan . The
regulation was repealed.
6 NYCRR Subpart 225-1, Fuel Composition and Use. Statutory
authority: Environmental Conservation Law §§ 1-0101, 3-03 01, 19-
0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0325, 71-210 3, and
71-2105; and obligations under the Federal Clean Air Act. Th e revi-
sions to Subpart 225-1 primarily included the lowering of th e sulfur-
in-fuel limits for all distillate and residual oils sold, purchased, and/or
used in portable or stationary sources throughout New York S tate.
These revisions were initiated as a component of the State Implemen-
tation Plan (SIP) directed at attainment of the particulate matter less
than or equal to 2.5 microns in diameter (PM-2.5) national ambient air
quality standard (NAAQS), the sulfur dioxide (SO2) NAAQS, and the
Department’s obligations under the regional haze SIP submitted to the
U.S. Environmental Protection Agency (EPA) in 2010. There a re no
plans to amend Subpart 225-1 this year as the requirements re main
current.
6 NYCRR Part 228, Surface Coating Processes, Commercial and
Industrial Adhesives, Sealants and Primers (Subpart 228-1 , Surface
Coating Processes and Subpart 228-2 Commercial and Industr ial
Adhesives, Sealants and Primers). Statutory authority: Environmental
Conservation Law §§ 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-
0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71- 2105;
and obligations under the Federal Clean Air Act (CAA). The revisions
to Subpart 228-1 added seven Control Techniques Guidelines (CTGs)
issued by the U.S. Environmental Protection Agency (EPA) be tween
1996 and 2008 and required to be incorporated into the State Imple-
mentation Plan (SIP) for New York. Each of the federal CTGs
established Reasonably Available Control Technology (RAC T) for
volatile organic compounds (VOCs) emitted by the surface co ating
processes identiﬁed in the CTGs. The revisions to Subpart 228-2 made
clarifying and non-substantive changes. Revisions to Subp art 228-1
are planned for this year in order to lower the VOC limits for surface
coatings used in motor vehicle and mobile equipment repair a nd
reﬁnishing.
6 NYCRR Part 240, Transportation Conformity. Statutory
Authority: Environmental Conservation Law sections 1-0101, 1-0303,
3-0301, 19-0103, 19-0105, 19-0301, 19-0303, and 19-0305. T he air
quality provisions of the Clean Air Act require a planning process that
integrates air quality and transportation planning such that transporta-
tion investments support clean air goals. This process is kn own as
transportation conformity. The amendments to Part 240 deta iled the
process for transportation agencies to demonstrate confor mity. The
current regulations continue to meet the federal transport ation
conformity requirements of 40 CFR Part 93 therefore no amendments
are planned at this time.
6 NYCRR Part 242, CO2 Budget Trading Program. Statutory
Authority: Environmental Conservation Law sections 1-0101, 1-0303,
3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-
2103, 71-2105. Part 242 was amended to lower the emissions ca p
starting in 2014, declining by 2.5 percent per year through 2020. Pur-
suant to 2016 Program Review, amendments to Part 242 to reduce the
cap by 30 percent through 2030 are being considered at this time.
6 NYCRR Part 248 Use of Ultra Low Sulfur Diesel Fuel and Best
Available Retroﬁt Technology for Heavy Duty Vehicles Statu tory
Authority: Environmental Conservation Law, §§ 1-0101, 3-0 301, 19-
0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-210 3, and
71-2105. Part 248 requires the retroﬁt of subject vehicles to occur by
December 31, 2013. Due to a change in the underlying statute ( Part
UU of Chapter 58, Laws of 2017), DEC will not enforce the require-
ment to complete the application of best available retroﬁt technology
on subject vehicles until January 1, 2019. Similarly, Part 248 currently
requires subject vehicles that have received a useful life waiver pursu-
ant to section 4.1(c) of 6 NYCRR Part 248 cease to be used in New
York State by December 31, 2013. Due to the change in the underly-
ing statute (Part UU of Chapter 58, Laws of 2017), DEC will notenforce the requirement that subject vehicles that have received a use-
ful life waiver pursuant to section 4.1(c) of 6 NYCRR Part 248 cease
to be used in New York State until after January 1, 2020. The
referenced enforcement discretion letter is dated May 12, 2 017. All
other provisions of Part 248 remain in effect and will be enforced.
No changes to Part 248 are proposed.
Contact: Richard McAuley, Regulatory Coordinator for the D ivi-
sion of Air Resources, New York State Department of Environmental
Conservation, 625 Broadway, Albany, NY 12233-3258. Teleph one:
518-402-8438. E-mail: air.regs@dec.ny.gov
Division of Environmental Permits
6 NYCRR Part 617.20 Appendixes A and B, Statutory Authority
Environmental Conservation Law, Article 8. This rule amend ed the
environmental assessment forms that were previously contained in ap-
pendices A, B and C (now A and B). The purpose of the rule was to
modernize the environmental assessment forms based. As par t of its
ﬁve year review and in response to comments received in its cu rrent
rule making on the text of Part 617, DEC may modify and update the
forms to reﬂect perspective changes proposed to the text of Part 617.
Contact: Kent Sanders, Regulatory Coordinator for the Division of
Environmental Permits, New York State Department of Environmental
Conservation, 625 Broadway, Albany, NY 12233-1750. Teleph one:
518-402-9178. E-mail: deppermitting@dec.ny.gov
Division of Fish and Wildlife
6 NYCRR Part 155/section 155.1 Sale of Black Bass. Statutory
authority: Environmental Conservation Law, sections 11-0507-01, 11-
13-19 and 11-1902-02. This amendment facilitates the marke ting of
largemouth bass for human food purposes including sale at restaurants.
No amendment required.
6 NYCRR Part 180/section 180.9, Exemption for the Possessio n
and Sale of Bighead Carp; repeal the current exemption for the sale of
bighead carp. Statutory authority: Environmental Conserv ation Law,
sections 3-0301, 11-0303, 11-0305, 11-0507, and 11-0511. R ule was
promulgated to remove exceptions to allow for bighead carp t o be
sold, possessed, transported, imported and exported in NYC and im-
mediate vicinity so New York was in compliance with the feder al
“Asian Carp Prevention and Control Act” which added these ﬁsh as an
Invasive and Injurious Species in 18 USC 42. No amendment required.
New York must remain compliant with established Federal statutes.
6 NYCRR Part 189, Chronic Wasting Disease. Statutory authority:
Environmental Conservation Law, sections 3-0301,11-0325 , 11-1905
and 27-0703. Amend Part 189 related to the discovery of chronic wast-
ing disease in deer in Pennsylvania to prevent importation of chronic
wasting disease infectious material from the State of Penns ylvania
into New York. On October 11, 2012 DEC was notiﬁed that Pennsyl-
vania conﬁrmed its ﬁrst case of chronic wasting disease (CWD). New
York must ensure that no CWD-infected material is transport ed into
the State and therefore needs to remove Pennsylvania from the list of
states that are allowed to export the carcasses of wild, CWD-
susceptible cervids obtained or harvested from Pennsylvania into New
York unless those carcasses have certain parts removed befo re
importation into New York. Further amendments are currentl y being
evaluated pending adoption of the New York State Interagency CWD
Risk Minimization Plan including restrictions associated with the
importation of cervid carcasses from outside the state.
6 NYCRR, Part 2, More Than One Species, section 2.30, Migratory
game birds. Statutory authority: Environmental Conservat ion Law,
sections 11-0303, 11-0307, 11-0903, 11-0909 and 11-0917. T his rule
making modiﬁed regulations pertaining to the special snow g oose
harvest program in New York. This program was established in NY in
many other states in 2008 to increase harvest of snow geese to help
reduce environmental damage caused by the overabundance of these
birds in eastern North America. Wildlife agencies, ecologi sts and
environmental organizations are all concerned about the im pacts that
overabundant snow geese are having on arctic ecosystems, co astal
wetlands, and agricultural crops. In response to these conc erns,
wildlife managers and scientists in the U.S. and Canada have recom-
mended that the snow goose population in eastern North Ameri ca be
reduced to 500,000 birds. To accomplish this, regular seaso n hunting
regulations have been liberalized to the maximum extent all owedNYS Register/January 3, 2018 Rule Review
98under the Migratory Bird Treaty Act. In addition, the U.S. Fi sh and
Wildlife Service (USFWS) adopted a “conservation order” in 2008 al-
lowing states in the Atlantic Flyway to implement special snow goose
harvest programs in addition to regular hunting seasons. Wildlife agen-
cies in New York, New Jersey, Pennsylvania, Vermont, Connec ticut,
Maryland, Delaware, and Virginia have all implemented such special
snow goose harvest programs. Goals of the Conservation Order were
to increase the interest and effectiveness of recreational snow goose
hunters, and allow additional hunting periods and techniqu es distinct
from traditional recreational hunting. Based on current po pulation
estimates, these measures are still needed. No amendments planned at
this time.
6 NYCRR, Part 2, More Than One Species, section 2.20, Hunting
small game mammals; opossum, weasel, skunk, black, gray and fox
squirrels, raccoon, cottontail rabbit, varying hare, Euro pean hare,
bobcat, red fox, gray fox, and coyote, and Part 6, More Than One Spe-
cies, section 6.2, Mink, muskrat, raccoon, opossum, weasel , red fox,
gray fox, skunk, coyote, ﬁsher, bobcat and pine marten trapp ing
seasons and bag limits, and section 6.4, Experimental resea rch trap-
ping seasons for bobcat and ﬁsher. Statutory authority: Environmental
Conservation Law, sections 11-0901, 11-0903, 11-0905, 11- 1101 and
11-1103. Following adoption of the New York State Bobcat Manage-
ment Plan, regulations were amended to make existing bobcat hunting
and trapping seasons uniform, and to establish new bobcat hu nting
and trapping season in the southern tier. The changes provid ed ad-
ditional, sustainable bobcat harvest opportunities in many areas of the
state and standardized hunting and trapping season dates in areas
where bobcat harvest opportunities already existed. The changes also
established the requirement for a free, special permit for bobcat hunt-
ing and trapping in the “Harvest Expansion Area” (HEA) in cen tral
and western New York that allowed wildlife managers to track hunt-
ing and trapping participation and harvest pressure, and to collect
biological information on bobcats harvested. Bobcat hunting and trap-
ping regulations were amended in 2017 to remove the requirement for
a special permit for the HEA. After three seasons of data coll ection,
sufﬁcient information on harvest pressure and take has been collected
and the special permit is no longer needed. Hunters and trappers who
pursue bobcats in the HEA are still required to have a hunting or trap-
ping license and to have the animal pelt sealed. No further am end-
ments planned at this time.
Contact: Lucretia Paulsen, Regulatory Coordinator for the Division
of Fish and Wildlife, New York State Department of Environme ntal
Conservation, 625 Broadway, Albany, NY 12233-4750. Teleph one:
(518) 402-8924. E-mail: lucretia.paulsen@dec.ny.gov
Division of Lands and Forests
6 NYCRR section 190.10(f), Henderson Shores Unique Area.
Environmental Conservation Law sections, 1-0101(3)(b),
3-0301(1)(b), 3-0301(2)(m), 9-0105(1) and 9-0105(3). This regulation
is needed to protect public safety and natural resources on t he
Henderson Shores Unique Area. No amendments to this regulation are
planned for the coming year since implementation has been
satisfactory.
Contact: Linda Kashdan-Schrom, Regulatory Coordinator fo r the
Division of Lands and Forests, New York State Department of
Environmental Conservation, 625 Broadway, Albany, NY 1223 3-
4250. Telephone: 518-402-9417. Email: linda.kashdan-
schrom@dec.ny.gov
Division of Marine Resources
6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental
Conservation Law sections 11-0303, 13-0105 and 13-0340-f. Part 40
was amended by emergency adoption to extend the recreational black
sea bass ﬁshing season through March 1, 2013 and to reduce the
recreational black sea bass minimum size. This rule making gave New
York State anglers additional opportunities to ﬁsh for blac k sea bass,
and provided the New York State recreational ﬁshing industr y (party
and charter boats, bait and tackle shops, marinas) opportun ities for
increased revenue. Part 40 will be amended as necessary for New York
to remain in compliance with federal rules and interstate ﬁs hery
management plans.
6 NYCRR Part 44, Lobster and Crabs. Statutory authority: Environ-mental Conservation Law, sections 3-0301, 13-0105 and 13-0 329.
Part 44 was amended to create a closed season for the harvest a nd
landing of lobster from Lobster Conservation Management Ar ea
(LMA) 4. This rule will ensure New York remains in compliance with
the Atlantic States Marine Fisheries Commission (ASMFC) Fi shery
Management Plan (FMP) for American Lobster. The rule is necessary
to begin rebuilding the southern New England lobster stock a nd to
avoid potential federal sanctions imposed for lack of compliance with
the ASMFC management plan. Part 44 will be amended as necessary
for New York State to remain in compliance with federal rules and in-
terstate ﬁshery management plans.
6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental
Conservation Law sections 11-0303,13-0105, 13-0340-b, 13 -0340-e
and 13-0340-f. Part 40 was amended to adjust the summer ﬂound er
recreational season and reduce the summer ﬂounder recreational min-
imum length; to reduce the scup recreational minimum length and
increase the scup recreational possession limit; and to adjust the black
sea bass recreational season and decrease the black sea bass recre-
ational possession limit. This rule has since been modiﬁed i n 2014,
2015, 2016, and 2017 to ensure that New York State continues t o
satisfy the requirements of the Atlantic States Marine Fisheries Com-
mission Summer Flounder, Scup and Black Sea Bass Fishery Manage-
ment Plan. Part 40 will be amended as necessary for New York to
remain in compliance with federal rules and interstate mana gement
plans.
6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental
Conservation Law sections 11-0303, 11-1303, 13-0105 and 13 -0342.
Part 40 was amended to establish quota based management for c om-
mercially caught Atlantic menhaden and a recreational poss ession
limit for Atlantic menhaden. This rule is needed to prevent overﬁshing
on Atlantic menhaden, ensure New York remains in compliance with
the Atlantic States Marine Fisheries Commission (ASMFC) Fi shery
Management Plan (FMP) for Atlantic Menhaden and avoid poten tial
federal sanctions imposed for non-compliance with the mana gement
plan. Part 40 will be amended as necessary for New York to remain in
compliance with federal rules and interstate management plans.
6 NYCRR Part 41, Sanitary Condition of Shellﬁsh Lands. Statutory
authority: Environmental Conservation Law, sections 13-0 307 and
13-0319. Part 41 was amended to designate as uncertiﬁed (clo sed to
shellﬁsh harvest) either year round or seasonally shellﬁsh growing ar-
eas in the towns of Hempstead, Islip, Brookhaven, Southampton, East
Hampton and Southold. Shellﬁsh harvested from growing area s that
fail to meet bacteriological water quality standards may ca use illness
in those individuals who consume them. Bacteriological water quality
testing is an ongoing task; shellﬁsh growing areas will be classiﬁed as
necessary based on the results of the water quality studies. Part 41 will
be amended as needed.
Contact: Maureen Davidson, Regulatory Coordinator for the Divi-
sion of Marine Resources, New York State Department of Environ-
mental Conservation, 205 North Belle Mead Road, Suite 1, Eas t
Setauket, NY 11733 Telephone: (631) 444-0483 E-mail:
maureen.davidson@dec.ny.gov
Division of Water
6 NYCRR, Repeal of Parts 601 and 675; addition of a new Part
601; and amendment of section 621.4. Water withdrawal permi t
reporting and registration program. Implement amendments to
Environmental Conservation Law (ECL) Article 15, Title 16, 6
NYCRR 675 and ECLArticle 15 title 33. Statutory authority: Environ-
mental Conservation Law, sections 3-0301(1)(f), (2)(m), 3 -0306(4),
8-0113(2), 70-0107; art. 15, titles 15, 16 and 33; art. 21, ti tle 10; art.
70 and SAPA art. 2. No amendments planned at this time.
6 NYCRR Subpart 750-1, 6 NYCRR Subpart 360-4 and 6 NYCRR
Subpart 360-5 to remove the requirement that certain CAFOs maintain
ECL SPDES Permit coverage; revise land application, storag e and
composting rules. Statutory authority: 33 U.S.C. 1251, et seq. (Federal
Water Pollution Control Act); Environmental Conservation Law, art.
3, title 3, art. 17, titles 3, 5, 7, 8; art. 27, titles 1, 3, 5, 7, 9, 13, art. 70,
title 1 and sections 1-0101, 8-0113, 11-0325, 19-0301, 19-0 303, 19-
0304 and 19-0306 No amendments planned at this time.
Contact: Michelle Tompkins, Regulatory Coordinator for the Divi-NYS Register/January 3, 2018 Rule Review
99sion of Water, New York State Department of Environmental Conser-
vation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-
8221. E-mail: michelle.tompkins@dec.ny.gov
Department of Law
Investor Protection Bureau
Pursuant to SAPA section 207, the Law Department submits the
following list of its rules that were adopted during calendar year 2003
and invites public comment on the continuation or modiﬁcati on of
such rules. Comments should be sent to the respective agency repre-
sentative listed below for each particular rule, and must be received
within 45 days of the date of publication of this Notice.
RULES ADOPTED IN 2003
(1) LAW-19-03-00006-A Investment Advisers
Amendment of Part 11 and form NY-IAQ of Title 13 NYCRR
Analysis of the need for the rule: To provide corrections and
language clariﬁcation.
Legal basis for the rule: General Business Law, section 359-eee, et
seq.
Agency Representative: Written comments concerning the co ntinu-
ation or modiﬁcation of the above rule may be submitted to : Diane
Gatewood, Section Chief, 120 Broadway, 23rd Fl., New York, N Y
10271, (212) 416-8564, Diane.Gatewood@ag.ny.gov
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Pursuant to SAPA section 207, the Law Department submits the
following list of its rules that were adopted during calendar year 2003
and invites public comment on the continuation or modiﬁcati on of
such rules. Comments should be sent to the respective agency repre-
sentative listed below for each particular rule, and must be received
within 45 days of the date of publication of this Notice.
RULES ADOPTED IN 2003
(1) LAW-44-02-00001-A Investment Advisers
Addition of Part 11 to Title 13 NYCRR
Analysis of the need for the rule: To provide the implementation of
electronic registration ﬁles through the Investment Advis er Registra-
tion Depository (IARD) system administered by the NASD; red uce
the minimum registration requirement from 41 clients to 6 clients; and
institute series 65 examination requirements or qualiﬁcation standards
for reinvestment advisers registration.
Legal basis for the rule: General Business Law, section 359-eee, et
seq.
Agency Representative: Written comments concerning the co ntinu-
ation or modiﬁcation of the above rule may be submitted to : Diane
Gatewood, Section Chief, 120 Broadway, 23rd Fl., New York, N Y
10271, (212) 416-8564, Diane.Gatewood@ag.ny.gov
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Taxpayer Protection Bureau/Public Integrity Bureau
Pursuant to SAPA section 207, the Law Department submits the
following list of its rules that were adopted during calendar year 2008
and invites public comment on the continuation or modiﬁcati on of
such rules. Comments should be sent to the respective agency repre-
sentative listed below for each particular rule, and must be received
within 45 days of the date of publication of this Notice.
RULES ADOPTED IN 2008
(1) LAW-39-07-00008-A Investigations, Civil Enforcement Ac-
tions, and Qui Tam Actions Related to Fraud Perpetrated Agai nst the
State and Local Governments.
Addition of Part 400 to Title 13 NYCRR
Analysis of the need for the rule: To establish procedures fo r (1)
investigating persons who defrauded the State or a local government;
and (2) the handling and processing of civil enforcement actions under
art. III of State Finance Law.
Legal basis for the rule: State Finance Law, section 194.
Agency Representative: Written comments concerning the co ntinu-
ation or modiﬁcation of the above rule may be submitted to : BryanKessler, Assistant Attorney General, 120 Broadway, 22nd Fl ., New
York, NY 10271, (212) 416-8736, Bryan.Kessler@ag.ny.gov
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Pursuant to SAPA section 207, the Law Department submits the
following list of its rules that were adopted during calendar year 2013
and invites public comment on the continuation or modiﬁcati on of
such rules. Comments should be sent to the respective agency repre-
sentative listed below for each particular rule, and must be received
within 45 days of the date of publication of this Notice.
RULES ADOPTED IN 2013
(1) LAW-43-13-00022-A Private and Public Litigation Under Art.
XIII of the State Finance Law.
Amendment of section 400.4; and addition of sections 400.5-400.8
to Title 13 NYCRR
Analysis of the need for the rule: To comply with section 1909 of
the U.S. Social Security Act, and clarify procedures and app lications
of art. XIII of the State Finance Law.
Legal basis for the rule: State Finance Law, section 194.
Agency Representative: Written comments concerning the co ntinu-
ation or modiﬁcation of the above rule may be submitted to : Bryan
Kessler, Assistant Attorney General, 120 Broadway, 22nd Fl ., New
York, NY 10271, (212) 416-8736, Bryan.Kessler@ag.ny.gov
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Charities
Pursuant to SAPA section 207, the Law Department submits the
following list of its rules that were adopted during calendar year 2013
and invites public comment on the continuation or modiﬁcati on of
such rules. Comments should be sent to the respective agency repre-
sentative listed below for each particular rule, and must be received
within 45 days of the date of publication of this Notice.
RULES ADOPTED IN 2013
(1) LAW-52-12-00013-A Contents of Annual Financial Report s
Filed with the Attorney General by Certain Nonproﬁts.
Amendment of Part 91 of Title 13 NYCRR
Analysis of the need for the rule: To require certain nonproﬁ ts to
disclose information regarding election advocacy to the Attorney Gen-
eral and the public.
Legal basis for the rule: Executive Law, section 177(1); Est ates,
Powers and Trusts Law, section 8-1.4(h).
Agency Representative: Written comments concerning the co ntinu-
ation or modiﬁcation of the above rule may be submitted to : Karin
Kunstler Goldman, Deputy Bureau Chief, 120 Broadway, 3rd Fl., New
York, NY 10271, (212) 416-8392,
Karin.KunstlerGoldman@ag.ny.govNYS Register/January 3, 2018 Rule Review
100