FIFTEEN AND TEN YEAR REVIEW OF RULES ADOPTED BY THE ADIRONDACK PARK AGENCY IN 2005 AND 2010 AND REQUIRED TO BE REVIEWED IN CALENDAR YEAR 2020.

As required by section 207 of the State Administrative Procedure Act (SAPA), the following is a list of rules which were adopted by the Adirondack Park Agency (Agency) in calendar years 2005 and 2010 which must be reviewed in calendar year 2020. Public comment on the continuation or modification of these rules is invited and will be accepted until February 22, 2020. Comments may be directed to: Christopher Cooper, Counsel, Legal Division, Adirondack Park Agency, P.O. Box 99, NYS Route 86, Ray Brook, New York 12977.

RULES ADOPTED IN 2005 AND EFFECTIVE ON SEPTEMBER 14, 2005

Legal basis for these rules: Adirondack Park Agency Act (APA Act), Executive Law, article 27; Wild, Scenic and Recreational Rivers System Act, Environmental Conservation Law section 15-2709; Freshwater Wetlands Act, Environmental Conservation Law section 24-0801

Revised 9 NYCRR Subtitle Q, Parts 570-573, 576, 587 and 588, and repealed Appendix Q-1 as follows:

1) Amended section 570.3 to remove definitions which are identical to the statutory definitions and re-number the paragraphs remaining.

2) Added a new paragraph 3 to subdivision (ah) of section 570.3 to define “subdivision into sites.”

3) Added a new subdivision (j) of section 573.4 to codify the existing practice of allowing certain “boundary line adjustments” without an Agency permit.

4) Deleted subdivision (c) of section 572.21 which required the formal transfer of a permit when property is conveyed.

5) Deleted subdivision (b) of section 571.1, subdivision (a) of section 572.4 and section 572.15, which allowed APA jurisdictional inquiries and permit applications, respectively, to be submitted to the regional and district offices of other State agencies serving the Park.

6) Amended section 587.3 to more explicitly provide for what constitutes a “conflict of interest” for Agency members and employees. Also amended subdivision (d) of section 587.3 by changing it to new section 587.4, and revised it to better define what constitutes “ex-parte communications” and the action to be taken by Agency members if they cannot prevent an ex-parte communication.

7) Amended sections using the terms “operations committee” and “director of operations” to remove those terms and replace with “regulatory programs committee” or “director of regulatory programs,” respectively.

8) With respect to variance procedures, added new sections 576.5 to 576.9, deleted existing sections 572.15 to 572.18, and amended section 572.19.

9) Amended section 588.8 to include the effective dates of all amendments to 9 NYCRR Subtitle Q adopted since the first comprehensive revision in 1979.

10) Deleted Appendix Q-1, which provided the addresses and telephone numbers of the Regional and District Offices of the Departments of Environmental Conservation and Health.

Analysis of the need for the rules: To clarify and simplify the regulations.

RULES ADOPTED IN 2010 AND EFFECTIVE ON SEPTEMBER 21, 2010

Legal basis for these rules: APA Act, Executive Law, article 27

Amended subdivisions (c) and (j) of section 570.3 of 9 NYCRR Subtitle Q providing the Agency’s definitions of the terms “boathouse” and “dock”, respectively.

Analysis of the need for the rules: To provide clarity and better environmental protection.

3 Year Rule Review

Introduction

Each year, pursuant to SAPA, the Department publishes a Review of Rules in the State Register and on its website. This is a review of Department rules adopted 3 years previous.

SAPA Section 207 -- 3-Year Rule Review

The following rules were adopted by the New York State Department of Environmental Conservation (Department) during 2017, 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. Comments on any rules that are not being changed at this time will be accepted for 45 days from the date of publication in the State Register and should be directed to the regulatory coordinator for the appropriate program, as listed below the rules.

Division of Environmental Remediation

6 NYCRR Part 597, Chemical Bulk Storage. Statutory Authority: Environmental Conservation Law sections 1-0101, 3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 17-1743, 27-1301, 37-0101 through 37-0107, and 40-0101 through 40-0121. Part 597 was amended to add perfluorooctanoic acid (PFOA-acid, Chemical Abstracts Service (CAS) 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 at 6 NYCRR Section 597.3; allow for continued use of firefighting foam that may contain PFOA-acid, PFOA-salt, PFOS-acid or PFOS-salt to fight fires (but not for training or any other purposes) on or before April 25, 2017 even if such use may result in the release of a reportable quantity (RQ), which is otherwise prohibited; and correct the list of hazardous substances by providing units for RQs. These amendments were adopted on January 30, 2017. No amendments will be made at this time. See 2020 DEC Regulatory Agenda pertaining to the Phase II rule making for amendments to 6 NYCRR Parts 596-599, Chemical Bulk Storage Regulations.

Contact: Angela Chieco, Regulatory Coordinator for Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7012. Telephone: 518-402-9764. E-mail: [email protected]

Office of Climate Change

6 NYCRR Part 490, Projected Sea-Level Rise. Statutory Authority: Environmental Conservation Law Section § 3-0319, which directs the Department to update this Part every five years. Part 490 adopts sea-level rise projections for New York State. The state-level projections were based on global modeling developed for the Intergovernmental Panel on Climate Change Fifth Assessment Report. The Sixth Assessment Report will be finalized in 2022. The rule is effective as written and requires no amendment until 2022.

Contact: Mark Lowery, Assistant Director, Office of Climate Change, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8027. E-mail: [email protected]

Division of Lands and Forests

6 NYCRR Part 190.37, Lower Salmon River State Forest. Statutory authority: Environmental Conservation Law, sections 1-0101(3)(b), 3-0301(1), (1)(b), (2)(m), (v), 9-0105(1) and (3). Part 190.37 was amended to protect public safety and natural resources of the Lower Salmon River State Forest. The rule is effective as written and requires no amendment.

Contact: Linda Kashdan-Schrom, Regulatory Coordinator for the Division of Lands and Forests, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4250. Telephone: 518-402-9417. Email: [email protected]

Division of Marine Resources

6 NYCRR Part 40, Marine Fish. Statutory authority: Environmental Conservation Law, sections 11-0303, 13-0105, 13-0336, 13-0339, and 13-0347. Part 40 was amended to allow filleting of striped bass aboard party and charter boats. This rule was necessary to restore the provision in the regulations and to allow this practice to continue. Amendments to Part 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

Contact: Carol Hoffman, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0476. E-mail: [email protected]

Division of Materials Management

6 NYCRR Part 360 Solid Waste Series Regulations: Parts 360, 361, 362, 363, 364, 365, 366, and 369. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 8-0113, Titles 3, 5, 7 and 8 of Article 17, 19-0301,19-0303,19-0306, Title 23 of Article 23, Titles 1, 3, 5, 7, 9, 10, 13, 15, 18, 21, 23, 25, 26, 27, 29 of Article 27, sections 27-1901, 27-1903, 27-1911, 54-0103, Titles 5 and 7 of Article 54, Title 1 of Article 70, 71-2201, Titles 27, 35, 40 and 44 of Article 71, and section 72-0502. The amendments to Part 360 became effective on November 4, 2017 to implement the solid waste program in New York State. The regulations incorporate changes in law and technology since the last comprehensive rulemaking occurred in 1993. The 2017 revisions incorporated minor amendments to Parts 364, 369, 621 and Subpart 374-2. Since promulgation of the Part 360 series in 2017, the Department has identified multiple areas where adjustments to the regulations are appropriate. See the 2020 Division of Materials Management Agenda regarding the next rulemaking for amendments to the 6 NYCRR Part 360 series.

Contact: Melissa Treers, Regulatory Coordinator for the Division of Material Management, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7250. Telephone: 518-402-8678. E-mail: [email protected]

Division of Water

6 NYCRR Part 830, Lake Champlain Drainage Basin. Statutory Authority: ECL, sections 3-0301(2)(m), 15-0313(1), (2), (3), 17-0301(2) and (9). To reclassify certain surface waters in the Lake Champlain Drainage Basin, in Clinton, Essex, Franklin, Warren, and Washington Counties. These amendments upgraded the classification, description, and item numbers of certain waters in the Lake Champlain drainage basin. This was necessary to meet the “fishable” goal of the federal Clean Water Act and to provide enhanced protection for trout waters. No further amendments are currently being considered.

Contact: Michelle Tompkins, Regulatory Coordinator for the Division of Water, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500, (518) 402-8221, e-mail: [email protected]

5 Year Rule Review

Introduction

Each year, pursuant to SAPA, the Department publishes a Review of Rules in the State Register and on its website. This is a review of Department rules adopted 5 years previous.

SAPA Section 207 -- 5-Year Rule Review

The following rules were adopted by the New York State Department of Environmental Conservation (Department) during 2015, 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. Comments on any rules that are not being changed at this time will be accepted for 45 days from the date of publication in the State Register and should be directed to the regulatory coordinator for the appropriate 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 rulemaking established consistent terminology between Part 212 and 6 NYCRR Part 200 (Part 200) and 6 NYCRR Part 201 (Part 201); established a Toxic- Best Available Control Technology (T-BACT) standard for toxic air contaminants; clarify the interaction between Part 212 and the National Emission Standards for Hazardous Air Pollutants (NESHAPs); and controlled High Toxicity Air Contaminants (HTACs) to the greatest extent possible. DAR is currently proposing to revise Part 212-1, 212-2 and Part 212-4. Part 212-1 will be revised to create an alternative method for source owners to demonstrate compliance with both the federal National Emissions Standard for Hazardous Air Pollutant (NESHAPs) regulations and the State Part 212 regulation. Additionally, DAR will address two exemptions under section 212-1.4 and will update the mass emissions limit table in Subpart 212-2. The 2015 revision of Part 212 did not address 212-4 “Control of Nitrogen Oxides for Hot Mix Asphalt Production Plants.” DAR intends to repeal Subpart 212-4 and create a new hot mix asphalt regulation under 6 NYCRR Subpart 220-3.

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. 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; Federal Clean Air Act, § 177. Part 218 was amended in 2018 to incorporate clarifications to the deemed to comply provision in California’s greenhouse gas standards. These changes were necessary to maintain the federal Clean Air Act Section 177 identicality requirement and to realize greenhouse gas emission reductions. The Department is amending Part 218 to clarify aftermarket catalytic converter requirements under Subpart 218-7, “Aftermarket Parts.”

6 NYCRR Part 243, “Transport Rule NOx Ozone Season Trading Program;” 6 NYCRR Part 244, “Transport Rule NOx Annual Trading Program;” 6 NYCRR Part 245, “Transport Rule SO2 Group 1 Trading Program.” Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0105, 19-0303, 19-0311, 71-2103 and 71-2105. In November of 2018, the Department adopted revisions to Parts 243, 244 and 245 to align with the Environmental Protection Agencies Cross-State Air Pollution Rule. No further actions being undertaken.

Contact: Richard McAuley, Regulatory Coordinator for the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8438. E-mail: [email protected]

Division of Environmental Remediation

6 NYCRR Part 570, Liquified 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 Law Sections 1-0101, 3-0301, 3-0303, 17-0301, 17-0303, 17-0501, 17-1743, 37-0101 through 37-0107, and 40-0101 through 40-0121. CBS regulations were amended to harmonize State regulations with federal rule 40 CFR 280 so that similar sets of regulatory requirements govern CBS facilities in the State. These amendments were adopted on September 11, 2015. No further amendments will be made at this time. See 2020 DEC Regulatory Agenda for information pertaining to the Phase II rule making for amendments to 6 NYCRR Parts 596-599, Chemical Bulk Storage Regulations.

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 through 17-1017, and 17-1743; ECL Article 23, Title 23, Article 27, Titles 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 govern PBS facilities in the State. Part 613 includes standards for PBS tank systems that are applicable to tanks storing used oil. Provisions of section 370.1(e)(2) and Subpart 374-2 were revised to address changes to definitions and cross-references related to proposed Part 613. Amendments were also made to account for changes to 40 CFR Part 279, and revisions made to federal rules between July 30, 2003 and April 13, 2012 were incorporated into 370.1(e)(2) and Subpart 374-2. The PBS and used oil management amendments were adopted on September 11, 2015. No further amendments will be made at this time. See 2020 DEC Regulatory Agenda for information pertaining to the Phase II rule making for amendments to 6 NYCRR Part 613, Petroleum Bulk Storage Regulations.

Contact: Angela Chieco, Regulatory Coordinator for the Division of Environmental Remediation, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7012. Telephone: 518-402-9764. E-mail: [email protected]

Division of Fish and Wildlife

6 NYCRR Part 1, Sections 1.11 and 1.30, Pertaining to Deer Hunting Seasons and the Deer Management Assistance Program (DMAP). Statutory Authority: Environmental Conservation Law, sections 11-0303, 11-0903 and 11-0907. The purpose of this modification was to modify deer hunting rules to increase and decrease antlerless harvest where needed and to improve efficiency of DMAP. Currently, deer harvest and abundance data from the past five years are being used to reassess whether the current hunting season structure is appropriate or whether additional hunting opportunity can be provided. No amendments are planned for DMAP at this time.

6 NYCRR Part 1, Section 1.40, Pertaining to Hunting Wild Turkey. Statutory Authority: Environmental Conservation Law sections 11-303, 11-0903, and 11-0905. In response to declines in turkey populations due to landscape-level changes in habitat and changes in turkey survival and productivity the fall hunting season was modified to a two-week season with a season bag limit of one bird. Since that time, turkey populations have stabilized but have not returned to the levels observed in the mid-2000s. Currently, abundance, productivity, and survival data from the past five years are being used to reassess whether the current fall season structure still strikes the optimal balance between turkey abundance and hunter satisfaction. No amendments are planned at this time.

6 NYCRR Parts 10, 18, 19 and 35, Sportfish activities and associated activities. Statutory Authority: 3-0301, 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-1316, and 11-1319. These amendments promote optimum fishing opportunity for public use consistent with resource conservation. The rule is effective as written and requires no amendment.

6 NYCRR Part 189, Related to the Discovery of Chronic Wasting Disease in Deer in Ohio. Statutory Authority: Environmental Conservation Law, sections 3-0301, 11-0325, 11-1905 and 27-0703. In October 2014, DEC was notified that Ohio confirmed its first case of chronic wasting disease (CWD). This regulation prohibited the important of carcasses of wild CWD-susceptible cervids into New York from Ohio unless those carcasses have certain parts removed before importation into the state. Currently, DEC has published a Notice of Proposed Rulemaking (NPR) to prohibit the importation of carcasses of wild, CWD-susceptible cervids into New York from all states and provinces. The public comment period for the NPR closes October 7, 2019.

Contact: Ashley Ferrusi, Regulatory Coordinator for the Division of Fish and Wildlife, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4750. Telephone: (518) 402-8924. E-mail: [email protected]

Division of Lands and Forests

6 NYCRR Section 192.7. Control of the Emerald Ash Borer. Statutory authority: Environmental Conservation 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 This regulation was repealed in 2015. The regulation no longer served its purpose of slowing the spread of Emerald Ash Borer.

Contact: Linda Kashdan-Schrom, Regulatory Coordinator for the Division of Lands and Forests, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4250. Telephone: 518-402-9417. Email: [email protected]

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 adopt regulations to manage coastal sharks. This rule was necessary to ensure that New York shark regulations were consistent with federal rules and compliant with interstate fishery management plans. Amendments to Part 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Part 44, Lobsters and Crabs. Statutory authority: Environmental Conservation Law sections 03-0301,13-0105, 13-0329. Part 44 was amended to revise the closed season for harvest and landing of lobsters from Lobster Management Area 4, and to repeal mandatory V-notching of lobsters. This rule was necessary to initiate rebuilding of the lobster stock, and to remain in compliance with interstate fishery management plans. Amendments to Part 44 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

6 NYCRR Parts 10 and 40, Sportfishing Regulations and Marine Fish. Statutory authority: Environmental Conservation Law sections 11-0303, 11-1521,13-0339, 13-0347, and 13-0105. Parts 10 and 40 were amended to change regulations for commercial and recreational striped bass. This rule was necessary to reduce striped bass fishing mortality and promote stable fish populations, and to remain in compliance with interstate fishery management plans. Amendments to Parts 10 and 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

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 change regulations governing the recreational harvest of black sea bass. This rule was necessary to reduce recreational black sea bass harvest and increase the fish minimum size, and to remain in compliance with interstate fishery management plans. Amendments to Part 40 will be proposed as necessary for New York to remain in compliance with federal rules and interstate fishery management plans.

Contact: Carol Hoffman, Regulatory Coordinator for the Division of Marine Resources, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0476. E-mail: [email protected]

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. Statutory Authority: ECL Articles 3,15, and 17, including ECL Sections 3-0301, 15-0313, 17-0101, and 17-0301. Amended New York’s water quality standards for Class I and Class SD waters to meet the “swimmable” goal of the Clean Water Act. On October 23, 2019, clarification of these regulations was published in issue 43 of the State Register.

Contact: Michelle Tompkins, Regulatory Coordinator for the Division of Water, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500, (518) 402-8221, e-mail: [email protected]

Pursuant to § 207 of the State Administrative Procedure Act: Review of Existing Rules, notice is hereby provided that the Public Service Commission intends to continue the following rules adopted in 2000, 2005, 2010, and 2015 without modification or as previously revised. Comments are welcome on proposed continuation of the rules. Five copies of comments should be sent to: Michelle Phillips, Secretary, 3 Empire State Plaza, Albany, New York 12223-1350, on or before March 6, 2020. Information about the rules may be obtained from: John C. Graham, Assistant Counsel, 3 Empire State Plaza, Albany, New York 12223-1350; (518) 474-7687.

1. 16 NYCRR Parts 602, 603 and § 644.2 (Case No. 97-C-0139).

a. Description of rules:

These are rules pertaining to telephone service quality and customer service standards. Revisions enacted in 2000 were intended to reflect the impact of a growing competitive environment for local exchange telephone service. Those revisions were designed to protect against deterioration in the current level of telephone service quality, streamline existing rules, and reduce regulatory burdens that may hinder the development of competition in the local exchange market.

The most significant revisions include: deletion of the Maintenance Service Incentive and Rebate Plan, the Installation Service Incentive and Rebate Plan, Directory Assistance Answer Time, and Percent Missed Repair Appointments; addition of measures of service affecting conditions longer than 48 hours and final trunk blockage; streamlining reporting requirements for companies with less than 500,000 access lines and, performance standards.

b. Statutory Authority:

Public Service Law §§ 4(1), 94(2).

c. No hearings or public meetings are scheduled.

d. The rules are in effect and will continue.

e. Need and legal basis for the rules:

Continued oversight of local exchange carriers is necessary to protect the consumer despite the introduction of competition and significant modifications to the proposed rules strengthen them in comparison to the prior rules.

2. 16 NYCRR Parts 890 through 899 (Case No. 01-V-0381).

a. Description of rules:

The rules: (1) updated the regulatory framework of cable television developed in the early 1970’s to reflect changes to federal law in 1984 and 1996; (2) conformed cable regulation with the New York State Public Service Commission’s (DPS, PSC, Commission) regulatory practices for other utilities; and (3) moved cable television rules from the Executive Regulations in 9 NYCRR Parts 590 to 599 to the Department of Public Service Regulations at 16 NYCRR Parts 890 through 899.

b. Statutory Authority:

Public Service Law §§ 215, 216, 221, 222, and 224-a.

c. No hearings or public meetings are scheduled.

d. The rules are in effect and will continue.

e. Need and legal basis for the rules:

The rules conform cable television technical standards to industry standards, streamline reporting requirements for cable companies, promote competition, require activation of Emergency Alert Systems, and maintain consumer protections and service standards.

3. 16 NYCRR Part 255, Gas Safety Regulations (Case No. 14-G-0357)

a. Description of rules:

These rules revised the Commission’s safety standards for transportation of natural gas via pipeline. The revisions pertain to five parts of the regulations – 16 NYCRR § 255.3(a)(29) (definition of gas “service line”); 16 NYCRR § 255.723 (applies leakage survey requirements to expanded area affected by new definition of “service line”);16 NYCRR § 255.507 (eliminates the option of solely soap testing small sections of gas pipe before placing pipe into service); 16 NYCRR § 255.619 (eliminates operators’ option to throttle gas pressure in delivery lines once every five years to maintain their current Maximum Allowable Operating Pressure (MAOP)); and 16 NYCRR § 255.625 (removes the odorization exception for gas being transported to storage).

b. Statutory Authority:

Public Service Law §§ 4, 5, 65 and 66.

c. No hearings or public meetings are scheduled.

d. The rules are in effect and will continue.

e. Need and legal basis for the rules:

The purpose of the revisions is to mirror the language of the Commission’s gas safety regulations with their corollary federal regulations. In particular, one new rule extends the Commission’s jurisdiction over gas piping inside buildings up to the customer’s meter (or to the customer piping if there is no meter) and to the same extent as the federal rules. This proceeding was commenced when it became apparent that continued Department of Public Service enforcement of gas safety requirements, as the state agents of the Federal Pipeline and Hazardous Materials Administration (PHMSA), was contingent upon the Commission’s rules being, in all respects, mirrored the language the federal rules. Primarily, the federal Pipeline and Hazardous Materials Administration (PHMSA) made clear that to maintain certification, technical compliance with the federal definition of gas service – which extends state jurisdiction from the first accessible fitting at a building wall to the gas meter no matter its location in a building – was necessary. Changing the definition of gas service line from the outermost location of the building to where the meter is located requires that utilities take on expanded responsibilities in performing leakage surveys and corrosion inspections up to the meter.

4. 16 NYCRR § 10.2(b); Parts 167 and 312 to add new §§ 167.5, 167.6, 312.5, 312.6 (Case No. 14-M-0450).

a. Description of rules:

Revision of the Uniform System of Accounts and PSC Annual Reports for Electric and Gas Utilities, amending Rules and Regulations of the PSC contained in 16 NYCRR Chapter I, Subchapter A; Chapter II, Subchapters E and F; Chapter III, Subchapters E and F; Chapter IV, Subchapter E; and Chapter VII, Subchapter D, regarding Referenced Material, Records and Reports and the Uniform System of Accounts.

b. Statutory Authority:

Public Service Law §§ 66(4), 66(10), 80(3).

c. No hearings or public meetings are scheduled.

d. The rules are in effect and will continue.

e. Need and legal basis for the rules:

Revision of 16 NYCRR § 10.2(b) to reference the Federal Energy Regulatory Commission (FERC) Uniform System of Accounts as of April 1, 2015. The Commission revision of 16 NYCRR Parts 167 and 312 to add new §§ 167.5, 167.6, 312.5, and 312.6 was to establish separate revenue accounts and instructions to record delivery revenues for customers served by energy service providers. The new subdivisions also established instructions to account for the gains or losses from the settlement of asset retirement obligations.