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 2003 and 2008 which must be reviewed in calendar year 2018. Public comment on the continuation or modification of these rules is invited and will be accepted until February 19, 2018. Comments may be directed to: Paul Van Cott, Associate Attorney, Legal Division, Adirondack Park 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 (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

Amendment of Part 581 of Title 9 NYCRR as follows:

(1) Subpart 581-1 provided regulatory definitions and set forth the applicability of part 581 to (i) any violation of the laws or regulations administered by the Agency, or of any permit, order or settlement issued 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 procedures 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 revoke an Agency permit.

(4) Subpart 581-4 set out the adjudicatory hearing process applicable to the imposition of administrative sanctions for violations of the Freshwater Wetlands Act and the modification, suspension, and revocation of Agency permits.

Analysis of the need for the rules: These rules clarified existing regulatory language, expedited delivery of services to the public, and introduced more consistency, uniformity and predictability into Agency administration and decision-making consistent with governing 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 System Act, Environmental Conservation Law section 15-2709; Freshwater Wetlands Act, Environmental Conservation Law section 24-0801

(1) [Wetlands] (a) Amended 9 NYCRR section 578.3(n) to delete "subdivision” under subsection one and to add a new section (3) which addresses when a subdivision or portion of a subdivision 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 implementing the Freshwater Wetlands Act; (c) Amended 9 NYCRR section 573.3 to clarify 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 Executive Law section 811(1)(c).

Analysis of the need for the rules: These amendments completely revised Agency jurisdiction over subdivisions involving wetlands so as to include those lots, the creation of which may in fact adversely impact wetlands, but also to create criteria for a non-jurisdictional opportunity based on subdivision design.

(2) [Shorelines] (a) Amended 9 NYCRR section 575.5, subsection 2, to prohibit any major expansion of pre-existing structures 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 being replaced, it must be located to meet the shoreline setback requirements to the greatest extent possible and to require a variance for the expansion of a non-conforming wastewater treatment system in conjunction with an actual or potential proposed increase in occupancy of the associated structure.

Analysis of the need for the rules: These shoreline amendments 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 for a “minor” expansion to the rear or the height of the pre-existing non-conforming structure without a variance. Finally, these amendments tightened the shoreline restrictions with respect to non-conforming 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 entire ownership 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 for “square feet of floor space for a building” and 9 NYCRR section 570.3(bc) to define the “square footage of a structure other than a building.”

Analysis of the need for the rules: These amendments provided 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”. The definition 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 more clarity with respect to the definition of the term and more certainty of administration of the APA Act with respect to such structures.

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 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 rule making established consistent terminology between Part 212 and 6 NYCRR Part 200 (Part 200) and 6 NYCRR Part 201 (Part 201); establish 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. The 2015 revision of Part 212 did not address 212-4 “Control of Nitrogen Oxides for Hot Mix Asphalt Production 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: 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 and section 177 of the Federal Clean Air Act (42 USC 7507). Incorporate California's revised greenhouse gas and ZEV program standards and annual publication of ZEV credit balance information. Part 218 is proposed to be amended to revise the existing aftermarket catalytic converter standards (refer to main section 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. Statutory 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 applicable Cross-State Air Pollution Rule requirements. Amendments to these regulations are being considered at this time.

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, 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 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 2018 DEC Regulatory Agenda for information pertaining to 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 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 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 Management 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]

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. Statutory authority: Environmental Conservation Law, sections 11-0303, 11-0903(10), 11-0903(11) and 11-0907. An amendment to adjust antlerless deer harvest regulations to meet local population management needs and improve the Deer Management Assistance Permit program. The Department is challenged to manage deer populations across a diverse range of environmental conditions and desired population levels. This amendment modified hunting regulations to allow for deer 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 overabundant 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 Management Assistance Program (DMAP), which provides site-specific deer management options for landowners and land-managers, expanding opportunity for landowners adjacent to unhunted public lands to mitigate 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 antlerless harvest opportunity. Additionally, the modified regulations intended to increase deer harvest in WMUs 1C, 3M, 3S, 4J, 8A, 8C, 8F, 8G, 8H, 8N, 9A, and 9F were determined to be ineffective and were rescinded in 2015.

6 NYCRR Part 1, Single Species, section 1.40, Hunting wild turkey. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0303, 11-0903, 11-0905, 11-0917 and 11-1101. Amend wild turkey hunting regulations to revise the fall hunting season structure (season zones, season length, bag limit) to better align harvest opportunities with current wild turkey populations and environmental conditions (habitat, weather, predator populations). During the fall season a turkey of either sex may be taken. Overharvesting hens can cause populations to decline. In order to ensure that the turkey harvest is sustainable, we must adjust fall hunting seasons so that they are more appropriate for the current status of wild turkey populations in light of limiting factors such as hen survival, productivity, and habitat quality. Changes made in 2015 are being evaluated based on harvest and turkey abundance data, and adjustments to the fall season will be made as warranted by environmental conditions and turkey populations. No amendments are planned at this time.

6 NYCRR Parts 10, 18, 19 and 35, Sportfish Activities and associate activities. Statutory authority: Environmental Conservation Law, sections 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. 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 wasting 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 no CWD-infected material is transported into the State and therefore 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 parts removed before importation into New York. Further amendments are currently 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.

Contact: Lucretia Paulsen, 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. 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 Article 9, Title 13. This regulation is needed to restrict Emerald Ash Borer 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 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 make State shark regulations consistent with Federal rules and ensure New York State maintains compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Coastal Sharks. 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 44, Lobster and Crabs. Statutory authority: Environmental Conservation Law, sections 3-0301, 13-0105 and 13-0329. Part 44 was amended to revise the closed season for the harvest and landing of lobster from Lobster Conservation Management Area (LMA) 4 and repeal the mandatory V-notching of female lobsters in LMA 4. This rule will ensure New York remains in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plan (FMP) for American Lobster. Part 44 will be amended as necessary for New York State 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, 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 in compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Striped 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 49, Shellfish Management. Statutory authority: Environmental Conservation Law, section 13-0327. Part 49 was amended to extend the bay scallop season by one month before the 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 maintains compliance with the Atlantic States Marine Fisheries Commission Interstate 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 13-0307 and 13-0319. Part 41 was amended to designate as uncertified (closed to shellfish harvest) either year-round or seasonally shellfish growing areas in the towns of Hempstead, Oyster Bay, Huntington, Smithtown, Islip, Brookhaven, Riverhead, Southampton, East Hampton and Southold. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause 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 Division of Marine Resources, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733 Telephone: (631) 444-0483 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. 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, sections 3-0301, 15-0313, 17-0101 and 17-0301. Further amendments are currently being evaluated.

Contact: Michelle Tompkins, Regulatory Coordinator for the Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8221. E-mail: [email protected]

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 2013, 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 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, 19-0303,19-0305, 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, and other minor corrections to ensure consistent implementation across regions.

6 NYCRR Part 203, Indirect Sources of Air Contamination. Part 203 was a regulation that applied to any new or modified indirect 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, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0325, 71-2103, and 71-2105; and obligations under the Federal Clean Air Act. The revisions to Subpart 225-1 primarily included the lowering of the sulfur-in-fuel limits for all distillate and residual oils sold, purchased, and/or used in portable or stationary sources throughout New York State. These revisions were initiated as a component of the State Implementation 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 are no plans to amend Subpart 225-1 this year as the requirements remain 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 Industrial 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) between 1996 and 2008 and required to be incorporated into the State Implementation Plan (SIP) for New York. Each of the federal CTGs established Reasonably Available Control Technology (RACT) for volatile organic compounds (VOCs) emitted by the surface coating processes identified in the CTGs. The revisions to Subpart 228-2 made clarifying and non-substantive changes. Revisions to Subpart 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 and 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. The air quality provisions of the Clean Air Act require a planning process that integrates air quality and transportation planning such that transportation investments support clean air goals. This process is known as transportation conformity. The amendments to Part 240 detailed the process for transportation agencies to demonstrate conformity. The current regulations continue to meet the federal transportation 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 cap starting in 2014, declining by 2.5 percent per year through 2020. Pursuant 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 Statutory Authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0323, 71-2103, 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 requirement 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 pursuant 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 underlying statute (Part UU of Chapter 58, Laws of 2017), DEC will not enforce the requirement that subject vehicles that have received a useful 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, 2017. 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 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 Permits

6 NYCRR Part 617.20 Appendixes A and B, Statutory Authority Environmental Conservation Law, Article 8. This rule amended the environmental assessment forms that were previously contained in appendices A, B and C (now A and B). The purpose of the rule was to modernize the environmental assessment forms based. As part of its five year review and in response to comments received in its current 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. Telephone: 518-402-9178. E-mail: [email protected]

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 marketing of largemouth bass for human food purposes including sale at restaurants. No amendment required.

6 NYCRR Part 180/section 180.9, Exemption for the Possession and Sale of Bighead Carp; repeal the current exemption for the sale of bighead carp. Statutory authority: Environmental Conservation Law, sections 3-0301, 11-0303, 11-0305, 11-0507, and 11-0511. Rule was promulgated to remove exceptions to allow for bighead carp to be sold, possessed, transported, imported and exported in NYC and immediate vicinity so New York was in compliance with the federal “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 wasting disease in deer in Pennsylvania to prevent importation of chronic wasting disease infectious material from the State of Pennsylvania into New York. On October 11, 2012 DEC was notified that Pennsylvania confirmed its first case of chronic wasting disease (CWD). New York must ensure that no CWD-infected material is transported 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 before importation into New York. Further amendments are currently 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 Conservation Law, sections 11-0303, 11-0307, 11-0903, 11-0909 and 11-0917. This rule making modified regulations pertaining to the special snow goose 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, ecologists and environmental organizations are all concerned about the impacts that overabundant snow geese are having on arctic ecosystems, coastal wetlands, and agricultural crops. In response to these concerns, wildlife managers and scientists in the U.S. and Canada have recommended that the snow goose population in eastern North America be reduced to 500,000 birds. To accomplish this, regular season hunting regulations have been liberalized to the maximum extent allowed under the Migratory Bird Treaty Act. In addition, the U.S. Fish and Wildlife Service (USFWS) adopted a “conservation order” in 2008 allowing states in the Atlantic Flyway to implement special snow goose harvest programs in addition to regular hunting seasons. Wildlife agencies in New York, New Jersey, Pennsylvania, Vermont, Connecticut, 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 techniques distinct from traditional recreational hunting. Based on current population 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, European hare, bobcat, red fox, gray fox, and coyote, and Part 6, More Than One Species, section 6.2, Mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten trapping seasons and bag limits, and section 6.4, Experimental research trapping 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 Management Plan, regulations were amended to make existing bobcat hunting and trapping seasons uniform, and to establish new bobcat hunting and trapping season in the southern tier. The changes provided additional, 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 hunting and trapping in the “Harvest Expansion Area” (HEA) in central and western New York that allowed wildlife managers to track hunting and trapping participation and harvest pressure, and to collect biological information on bobcats harvested. Bobcat hunting and trapping regulations were amended in 2017 to remove the requirement for a special permit for the HEA. After three seasons of data collection, 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 trapping license and to have the animal pelt sealed. No further amendments planned at this time.

Contact: Lucretia Paulsen, 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 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 the 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 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 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 black sea bass, and provided the New York State recreational fishing industry (party and charter boats, bait and tackle shops, marinas) opportunities for increased revenue. 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 44, Lobster and Crabs. Statutory authority: Environmental Conservation Law, sections 3-0301, 13-0105 and 13-0329. Part 44 was amended to create a closed season for the harvest and landing of lobster from Lobster Conservation Management Area (LMA) 4. This rule will ensure New York remains in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plan (FMP) for American Lobster. The rule is necessary to begin rebuilding the southern New England lobster stock and 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 interstate 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 flounder recreational season and reduce the summer flounder recreational minimum 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 recreational possession limit. This rule has since been modified in 2014, 2015, 2016, and 2017 to ensure that New York State continues to satisfy the requirements of the Atlantic States Marine Fisheries Commission Summer Flounder, Scup and Black Sea Bass Fishery Management 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 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 commercially caught Atlantic menhaden and a recreational possession 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) Fishery Management Plan (FMP) for Atlantic Menhaden and avoid potential federal sanctions imposed for non-compliance with the management 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 13-0307 and 13-0319. Part 41 was amended to designate as uncertified (closed to shellfish harvest) either year round or seasonally shellfish growing areas in the towns of Hempstead, Islip, Brookhaven, Southampton, East Hampton and Southold. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause 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 Division of Marine Resources, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733 Telephone: (631) 444-0483 E-mail: [email protected]

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 permit reporting and registration program. Implement amendments to Environmental Conservation Law (ECL) Article 15, Title 16, 6 NYCRR 675 and ECL Article 15 title 33. Statutory authority: Environmental 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, title 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, storage 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, 19-0303, 19-0304 and 19-0306 No amendments planned at this time.

Contact: Michelle Tompkins, Regulatory Coordinator for the Division of Water, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500. Telephone: 518-402-8221. E-mail: [email protected]

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 modification of such rules. Comments should be sent to the respective agency representative 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 continuation or modification of the above rule may be submitted to: Diane Gatewood, Section Chief, 120 Broadway, 23rd Fl., New York, NY 10271, (212) 416-8564, [email protected]

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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 modification of such rules. Comments should be sent to the respective agency representative 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 Adviser Registration Depository (IARD) system administered by the NASD; reduce 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 continuation or modification of the above rule may be submitted to: Diane Gatewood, Section Chief, 120 Broadway, 23rd Fl., New York, NY 10271, (212) 416-8564, [email protected]

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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 modification of such rules. Comments should be sent to the respective agency representative 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 Actions, and Qui Tam Actions Related to Fraud Perpetrated Against the State and Local Governments.

Addition of Part 400 to Title 13 NYCRR

Analysis of the need for the rule: To establish procedures for (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 continuation 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, [email protected]

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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 modification of such rules. Comments should be sent to the respective agency representative 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 applications of art. XIII of the State Finance Law.

Legal basis for the rule: State Finance Law, section 194.

Agency Representative: Written comments concerning the continuation 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, [email protected]

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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 modification of such rules. Comments should be sent to the respective agency representative 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 Reports 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 nonprofits to disclose information regarding election advocacy to the Attorney General and the public.

Legal basis for the rule: Executive Law, section 177(1); Estates, Powers and Trusts Law, section 8-1.4(h).

Agency Representative: Written comments concerning the continuation 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, [email protected]