Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory agenda for calendar year 2021. All section and part references are to Title 8 of the New York Code of Rules and Regulations. The State Education Department reserves the right to add, delete or modify, without further notice, except as required by the State Administrative Procedure Act, any item or information presented herein as relating to the 2021 Regulatory Agenda.

OFFICE OF P-12 EDUCATION

Amendment of section 100.2(i) of the Commissioner’s Regulations to allow the reporting of complaints about the use of corporal punishment by BOCES, district or charter school personnel to be done once a year. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment to section 100.2 (y)(3) to require that school districts, when notifying parents that students are not residents of the district, must, wherever practicable, specify which district they may be entitled to enroll in. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment to Section 100.5 (b) to allow districts to develop and implement Arts and Health coursework and curriculum without the approval of the State Education Department. A regulatory flexibility analysis for local government and a rural flexibility analysis may be required.

Amendment of section 100.3 of the Commissioner’s Regulations relating to the PreK-4 Program requirements to reflect the adoption of the new and revised Learning Standards. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.4 of the Commissioner’s Regulations relating to program requirements in grades 5-6 to reflect the adoption of the new and revised Learning Standards. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendments to section 100.2(l) of the Commissioner’s Regulations relating to school conduct and discipline to address the topics of progressive discipline, restorative practices, and equity in school discipline. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendments to section 100.5(d)(8) regarding requirements for the award of make-up credit to include educational programs administered or supervised by a state agency. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendments to section 100.5(d)(9) regarding requirements for independent study to include educational programs administered or supervised by a state agency. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.4(d) of the Commissioner's Regulations relating to grade eight acceleration for diploma credit. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.5(a), (b) and (c) of the Commissioner's Regulations relating to graduation and diploma requirements. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment to section 100.10 (h) of the Commissioner’s Regulations to expand and/or modify the list of annual assessments to be utilized by home instructed students. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Addition of section 100.22 of the Commissioner’s Regulations relating to students in foster care. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 114.3 of the Commissioner’s Regulations related to bidding exemptions for direct purchasing to include a board of cooperative educational services. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Part 117 of the Commissioner’s Regulations relating to diagnostic screening for students who are new entrants, or who have low test scores in reading or mathematics. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 119.1 of the Commissioner's Regulations relating to financing of charter schools to correct a citation and address statutory changes. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 119.4 of the Commissioner's Regulations relating to the location and timelines for charter school hearings. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 119.5 of the Commissioner's Regulations relating to charter school preferences. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Addition of a new Part 123 of the Regulations of the Commissioner of Education relating to the requirements for a basic educational data system code for nonpublic school sites. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Part 125 of the Commissioner’s Regulations relating to the requirements for the voluntary registration of nonpublic nursery schools and kindergartens. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 144.11 of the Commissioner's Regulations to eliminate the requirement that school districts have an Early Grade Class Size Reduction Plan. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Subpart 151-1 of the Commissioner’s Regulations to consolidate and update the provisions governing the Universal Prekindergarten Program, consistent with statutory amendments and program implementation. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 155.12 of the Regulations of the Commissioner of Education relating to lease approval and building aid for leased school buildings and facilities by school districts. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 155.17 of the Regulations of the Commissioner of Education relating to annual training requirements for staff. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Repeal of section 155.22 of the Regulations of the Commissioner of Education relating to Qualified Zone Academy Bonds and Qualified School Construction Bonds. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 155.23 of the Regulations of the Commissioner of Education relating to multi-year cost allowance. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Addition of Section 175.14 of the Commissioner’s Regulations Relating to the reimbursement for prekindergarten pupils under the McKinney-Vento Homeless Assistance Act

Amendment of sections 200.1(x), 200.5(j) and 200.16(h) of the Commissioner’s Regulations relating to the impartial due process hearing procedures, including the provisions relating to prehearing conferences and impartial hearing officer qualifications and impartiality, and as may be necessary to conform to State statute. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 200.2 of the Regulations of the Commissioner of Education relating to least restrictive environment placements of students with disabilities. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of 200.5(l) of the Regulations of the Commissioner of Education relating to appeals of State complaint findings. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of sections 200.7 and 200.16 of the Commissioner’s Regulations relating to preschool program approval for school districts, as may be necessary to conform to changes to State statute. A regulatory flexibility analysis for local government and a rural flexibility analysis may be required.

Amendment of sections 200.7(b) and 200.13 of the Commissioner’s Regulations relating to length of school day. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Section 200.9 of the Commissioner’s Regulations relating to tuition rates for approved special class integrated setting programs. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 200.16(i) of the Commissioner’s Regulations relating to preschool continuum of services and preschool inclusion in early childhood programs. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 200.21(b) of the Commissioner’s Regulations relating to procedures for the suspension or revocation of impartial hearing officer certification. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 3.16(c)(1) of the Rules of the Board of Regents to update delegation of authority with respect to the approval of changes to certain charter school revisions. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 3.17(a)(3) of the Rules of the Board of Regents to update the revocation proceeding and to allow the Board of Regents to appoint a representative to hear oral arguments on behalf of the Board of Regents and to make a determination in regard to such oral argument. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 3.17(a)(3) of the Rules of the Board of Regents to update the revocation proceeding to revoke the certificate of incorporation after the assets of the education corporations have been discharged. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning any of the above proposed amendments by contacting: Kimberly Young Wilkins, Deputy Commissioner for P12 Instructional Support, Education Department, Rm. 875, Education Bldg. Annex, 89 Washington Ave., Albany, NY 12234, (518) 486-1954, [email protected]

OFFICE OF HIGHER EDUCATION

Amendment of section 50.1 of the Commissioner’s Regulations to include a definition of a remedial course and a compensatory course as needed under sections 6451 and 6452 of the Education Law. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of Parts 50 and 52 of the Commissioner’s Regulations concerning registration of undergraduate and graduate postsecondary curricula. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of Parts 52 and 80 of the Commissioner’s Regulations to require all prospective teachers to complete coursework on English Language Learner instructional needs, co-teaching strategies, and integrating language and content instruction for English Language Learners. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Part 53 of the Commissioner’s Regulations concerning information for students and prospective students. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of section 50.1(l) of the Commissioner’s Regulations to revise the definition of “university.” A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of Part 4 of the Rules of the Board of Regents concerning voluntary institutional accreditation for Title IV purposes, to align with federal requirements. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of section 3.12(e) of the Rules of the Board of Regents concerning the composition of the institutional accreditation appeals board. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of section 3.56 of the Rules of the Board of Regents concerning consent of the Board of Regents to operation in New York by institutions of higher education operating outside of New York to revise the definition of program, to clarify the terms concerning approval of additional programs, and to clarify the terms concerning the submission of new applications. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of section 49-2 of the Commissioner’s Regulations concerning approval of out-of-state post-secondary institutions to offer distance education to New York State residents to revise provisions concerning financial responsibility index score, waiver of eligibility requirements, and the timeframe by which an institution that has been disapproved, may reapply to the department. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of section 52.2(f) of the Commissioner’s Regulations specifying the academic content of a transcript prepared by an I\institution of higher education. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of sections 52.21 and 80-3.7 of the Commissioner’s Regulations relating to the content core requirement for the computer science certificate in teacher preparation programs and the individual evaluation pathway to certification. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 80-5.5 of the Commissioner’s Regulations relating to the employment of retired employees and eligibility for section 211 waivers. A regulatory flexibility analysis and a rural flexibility analysis may be required.

Amendment of Part 135 of the Commissioner’s Regulations to clarify the due process procedures relative to coaching licenses. A regulatory flexibility analysis and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations section 145-2.1(a)(iii) to provide a definition of remedial course(s). A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations section 145-2.2 to provide a definition of the term “the recognized equivalent of such certificate” as found in Education Law section 661(4)(f) for the purposes of determining eligibility for the NYS Tuition Assistance Program. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations section 145-2.15(b)(3) to clarify and establish jurisdiction over a student at the time of the completion of secondary education. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations section 145-2.15(b)(2) to clarify the federally approved ability to benefit test administration for the *purposes of the NYS Tuition Assistance Program. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations section 152-1.2 to insert language concerning remedial, developmental, and compensatory courses. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations Section 152-1.1 to amend applications to clarify that each application shall include the provision of a summer program that shall occur at the beginning of the program year and to update obsolete processes and language. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of the Commissioner’s Regulations Section 153-3.4 to amend funding to clarify how the foster youth college success initiative funding awarded can be used. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations Part 50 and Part 54 to amend the definitions and procedures related to off-campus instruction and locations. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning any of the above proposed amendments by contacting: William P. Murphy, Deputy Commissioner for Higher Education, Education Department, Office of Higher Education, Rm. 975, Education Bldg. Annex, 89 Washington Ave., Albany, NY 12234, (518) 4402-3620, [email protected]

OFFICE OF THE PROFESSIONS

Amendment of Part 29 of the Regents Rules relating to definitions of unprofessional conduct in the public accountancy and certified public accountancy professions. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.

Amendment Section 3.57 of the Regents Rules relating to the conferral of the degree of doctor of medicine (M.D.) by the Board of Regents to update the outdated regulation. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.

Amendment of Parts 52-13 70 of the Commissioner’s Regulations relating to the definitions of public accountancy, mandatory peer review program for firms, professional education and experience requirements for licensure, the registration of curricula for accountancy, and continuing education requirements in the profession of public accountancy. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.

Amendment of Part 29 of the Regents Rules relating to definitions of unprofessional conduct in the new profession of “registered pharmacy technicians” and special provisions for this profession. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.

Amendment of Part 63 of the Commissioner’s Regulations to add a new profession entitled “registered pharmacy technicians,” to establish educational and other licensure requirements for registered pharmacy technicians and to protect the title “registered pharmacy technician.” A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.

Amendment to section 52.14 and 73.1 of the Commissioner’s Regulations relating to the preprofessional educational admission requirements for colleges of chiropractic. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.

Amendment of Part 70 of the Commissioner’s Regulations relating to the definitions of public accountancy and continuing education requirements in the profession of public accountancy. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.

Amendment of Part 64 of the Commissioner’s Regulations relating to implementing statutory provisions that permit a registered professional nurse to execute a standing order for newborn care in a hospital established under Public Health Law § 2803-v, as provided in that section.

Amendment of Parts 52, 68.4, 68.6(a.) of the Commissioner’s Regulations relating to implementing statutory provisions that update the education requirements for licensure as a land surveyor. A regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning any of the above proposed amendments by contacting: Sarah S. Benson, Deputy Commissioner for the Professions, Education Department, Office of the Professions, 89 Washington Ave., West Wing, Second Fl., Education Bldg., Albany, NY 12234, (518) 474-1431, [email protected]

OFFICE OF CULTURAL EDUCATION

Amendment of Part 90 of the Commissioner’s Regulations, relating to the library and library system programs and services. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the above proposed amendment by contacting: Lauren Moore, Assistant Commissioner for Libraries and State Librarian, Education Department, New York State Library, Rm. 10C34, Albany, NY 12230, (518) 474-5930, [email protected]

Amendment of Part 188 of the Commissioner’s Regulations related to state government archives and records management to update the agency fee list to match the current organizational structure of executive branch agencies. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Part 188 of the Commissioner’s Regulations related to state government archives and records management to update the annual fees for storage of records in a records center facility. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning any of the above proposed amendments by contacting: Tom Ruller, Assistant Commissioner for the State Archives, Education Department, Rm. 9B52, Cultural Education Center, Albany, NY 12230, (518) 474-6926, [email protected]

OFFICE OF ADULT CAREER AND CONTINUING EDUCATION SERVICES (ACCES)

Amendments to Part 126 of the Commissioner’s Regulations related to annual data collection and reporting, annual financial reporting, and standards for fiscal responsibility for Licensed Private Career Schools and for-profit English as Second Language schools licensed under this part. A regulatory flexibility analysis for local government and a rural flexibility analysis may be required.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning the modification or continuation of any of the above rules by contacting: Ceylane Meyers-Ruff, Assistant Commissioner, Office of Adult Career and Continuing Education Services, Rm. 575 EBA, 89 Washington Ave., Albany, NY 12234, (518) 474-2714, [email protected]

OFFICE OF MANAGEMENT SERVICES

Amendment of Parts 275 and 276 of the Commissioner’s Regulations relating to appeals to the Commissioner. A regulatory flexibility analysis and/or a rural area flexibility analysis may be required.

Agency Representative:

Information may be obtained, and written comments may be submitted, concerning any of the above proposed amendments by contacting: Julia Patane, Assistant Counsel, Office of Counsel, State Education Building, Rm. 112, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, [email protected]

Introduction

Each year, pursuant to SAPA, the Department publishes a Regulatory Agenda in the State Register and on its website. This is a listing of the regulations that may be proposed for adoption or amendment within that calendar year.

Division of Air Resources

6 NYCRR Part 200, “General Provisions.” Section 200.1 will be amended to update the definition for volatile organic compound and the associated list of compounds that are not volatile organic compounds. This rulemaking would require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Carlos Mancilla, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3251. Telephone 518-402-8396. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 200, “General Provisions.” Section 200.10 will be amended to incorporate by reference the United States Environmental Protection Agency’s Outer Continental Shelf Air Regulations, 40 Code of Federal Regulations Part 55. This rulemaking would require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Steve Yarrington, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 200, “General Provisions.” Section 200.10 will be amended to update the list of federal air regulations for which the Department has incorporated by reference. This rulemaking would require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Steve Yarrington, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York, 12233-3254. Telephone 518-402-8403. Email: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 203, “Oil and Gas Sector Emissions.” This is a new regulation to reduce methane emissions and associated volatile organic compound (VOC) emissions from the oil and gas sector. This regulation is part of the State’s Methane Reduction Plan and will also address and expand upon the United States Environmental Protection Agency’s control technique guideline for VOC emissions from this sector. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Ona Papageorgiou, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 206, “State Aid for General Air Pollution Control Work, New York City” is obsolete and will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Amanda Chudow, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 212, “Process Operations.” This proposal will repeal Subpart 212-4, “Control of Nitrogen Oxides for Hot Mix Asphalt Production Plants” and create a new regulation to specifically address the emissions of particulate, carbon monoxide, sulfur dioxide, nitrogen oxides (NOx) and High Toxicity Air Contaminants (HTAC) such as formaldehyde, benzene and polycyclic aromatic hydrocarbons. The anticipated regulation will enact stricter requirements for new sources built after the applicability date while addressing emissions from existing facilities with requirements that are easily implemented, from Region to Region. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis and a Job Impact Analysis. Contact: Steven DeSantis, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8402. E-mail:[email protected]. Please include the Part number when emailing.

6 NYCRR Part 218, “Revisions to Part 218, Emission Standards For Motor Vehicles and Motor Vehicle Engines”, and Section 200.9 (incorporation by reference) to incorporate the State of California’s Advanced Clean Truck (ACT) regulation, Heavy-duty Low NOx Omnibus regulation, and existing heavy-duty vehicle emission standards. This adoption would include the incorporation of California’s medium-duty criteria pollutant standards and adopt California’s heavy-duty criteria and greenhouse gas standards, along with its emissions warranty and recall standards. Adoption of these California regulations is necessary to maintain identicality for a given weight class as required by Section 177 of the federal Clean Air Act. These amendments will be effective starting with model year 2025, which begins as early as January 2, 2024. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: James Symon, P.E., New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255. Telephone: 518-402-8292. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 220: Revisions to Subpart 220-1, “Portland Cement Plants,” will include minor changes to better align with federal regulations and reduce monitoring costs. Subpart 220-3, “Hot Mix Asphalt Plants,” will be a new regulation, replacing Subpart 212-4, to reduce criteria and non-criteria pollutants from asphalt plants. Subpart 220-3 is intended to streamline compliance for this source category while requiring best available control technologies. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mike Miliani, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail:[email protected]. Please include the Part number when e-mailing.

6 NYCRR Subpart 228-3, “Motor Vehicle and Mobile Equipment Repair and Refinishing” (MVMERR). MVMERR requirements will be moved from existing Subpart 228-1, “Surface Coating Facilities,” into new Subpart 228-3. The volatile organic compound limits for MVMERR categories will be reduced as a result of this rulemaking. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Marie Barnes, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 247, “Outdoor Wood Boilers.” The existing regulation will be amended to address revised emission standards and emerging certification testing methods for residential wood combustion devices. As a result, new Part 247 will encompass a wider range of appliances compared to the existing rule. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kenneth Newkirk, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 250, “Miscellaneous Orders” is obsolete and will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Amanda Chudow, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 256, “Air Quality Classification Systems” is obsolete and will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Amanda Chudow, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Parts 260-317, “Albany County, Allegany County, Broome County, Cattaraugus County, Cayuga County, Chautauqua County, Chemung County, Columbia County, Cortland County, Delaware County, Dutchess County, Erie County, Essex County, Franklin County, Fulton County, Genesee County, Green County, Hamilton County, Herkimer County, Jefferson County, Lewis County, Livingston County, Madison County, Monroe County, Montgomery County, Nassau County, New York City, Niagara County, Oneida County, Onondaga County, Ontario County, Orange County, Orleans County, Oswego County, Otsego County, Putnam County, Rensselaer County, Rockland County, St. Lawrence County, Saratoga County, Schenectady County, Schoharie County, Schuyler County, Seneca County, Steuben County, Suffolk County, Sullivan County, Tioga County, Tompkins County, ulster County, Warren County, Washington County, Wayne County, Westchester County, Wyoming County, and Yates County,” respectively under Subchapter C: “Air Quality Area Classifications,” are obsolete and will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Amanda Chudow, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: [email protected]. Please include the Part number when emailing.

Division of Environmental Permits

6 NYCRR Part 621, Uniform Procedure Act (UPA). Part 621 was last substantially amended in 2006. Since that time several statutes and regulations that interface with Part 621 have been changed or amended. The Department proposes to update the main text of Part 621 to align with those changes. Also, several clarifications and corrections are proposed to correct inaccurate references and clarify permitting procedures. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: James Eldred, Environmental Analyst, New York State Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9158. E-mail: [email protected].

Division of Environmental Remediation

6 NYCRR Part 375 (Subparts 375-1 to 375-4, and 375-6), Environmental Remediation Programs. The Department proposes to amend subparts 375-1 to 375-4, and 375-6 to: (1) incorporate legislative mandates which modify the tax incentives offered under the brownfield cleanup program (BCP); (2) incorporate the provision introduced in that legislation that a property is not eligible for the program unless the site "requires remediation," which would be defined in these regulations; (3) incorporate needed changes, clarifications, and modifications to the regulations based on the experience developed during the first decade of implementing the BCP. These changes would increase consistency across remedial programs administered by the Division of Environmental Remediation and provide the Department with the tools necessary to more effectively implement the programs; and (4) incorporate soil cleanup objective (SCO) changes, if any, resulting from the statutorily required five-year review. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: William Ottaway, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553. E-mail: [email protected]. Please include 'Part 375' in the subject line when e-mailing.

6 NYCRR Parts 596, 597, 598, and 599, Chemical Bulk Storage Regulations. In this second phase of rulemaking for revisions to the Chemical Bulk Storage (CBS) regulations, the Department proposes to amend Part 597 to update the list of hazardous substances and clarify the spill reporting requirements. The Department also proposes to repeal Parts 596, 598, and 599 and replace them with a new Part 598 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive State Program Approval from U.S. Environmental Protection Agency (EPA) by incorporating new requirements from the federal regulations that the EPA promulgated in their July 2015 rule making; and (2) incorporate State-initiated changes pertaining to the administration of the CBS program and its consistency with the Petroleum Bulk Storage program, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Frank Bondi, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: [email protected]. Please include 'Parts 597 and 598' in the subject line when e-mailing.

6 NYCRR Part 610, Certification of Onshore Major Facilities [Major Oil Storage Facility (MOSF) Regulations]. The Department proposes to repeal and replace Part 610 to: (1) incorporate appropriate language from the New York State Department of Transportation regulations, 17 NYCRR Parts 30, 31 and 32, that pertains to the administration of the MOSF program, which has been solely handled by the Department since 1985; (2) repeal 17 NYCRR Parts 30, 31 and 32; (3) improve the consistency and clarity of language directing the administration of the MOSF program, which would make explicit in regulation the procedures for licensing MOSFs; and (4) enhance monitoring, maintenance, procedures, and equipment requirements to prevent leaks and spills. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Amiel Lagatic, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: [email protected]. Please include 'Part 610' in the subject line when e-mailing.

6 NYCRR Part 611, Environmental Priorities and Procedures in Petroleum Cleanup and Removal. The Department proposes to repeal and replace Part 611 to incorporate requirements from Article 12 of the Navigation Law, which prohibits the discharge of petroleum and provides for cleanup and removal of any petroleum discharge. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kevin Hale, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: [email protected]. Please include 'Part 611' in the subject line when e-mailing.

6 NYCRR Part 613, Petroleum Bulk Storage Regulations. In this second phase of rulemaking for revisions to the Petroleum Bulk Storage (PBS) regulations, the Department proposes to amend Part 613 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive State Program Approval from EPA by incorporating new requirements from the federal regulations that the EPA promulgated in their July 2015 rule making; (2) clarify language of the existing requirements; and (3) incorporate State-initiated changes pertaining to the administration of the PBS program and its consistency with the CBS program, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Amiel Lagatic, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: [email protected]. Please include 'Part 613' in the subject line when e-mailing.

Division of Fish and Wildlife

6 NYCRR Parts 1.11, 1.13, 1.18, 1.19, 1.20, 1.27, 1.30 and 2.1. Pertaining to deer hunting, the issuance and use of deer hunting tags, deer management focus areas, deer management permits, deer management assistance program, and hunting hours. Statutory Authority: Environmental Conservation Law Sections 11-0303, 11-0903, 11-0907. Existing regulations will be updated to implement portions of the newly revised New York State Deer Management Plan including modifications to hunting seasons to better align with deer population objectives in some parts of the state. Regulations would not be proposed and published for public review until the revised management plan is adopted by the Department. Contact: Michael Schiavone, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 1, Section 1.40 Pertaining to hunting wild turkey. Statutory Authority: Environmental Conservation Law Sections 11-0303, 11-0903, 11-0907. The existing regulation will be updated to establish a spring wild turkey hunting season in Suffolk County. Contact: Michael Schiavone, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Sections 6.2 Pertaining to fisher trapping seasons and bag limits. Statutory authority: Environmental Conservation Law Sections 3-0301, 11-0303, 11-0917, 11-1101, 11-1103, and 11-1105. The existing regulation will be updated to repeal the requirement for trappers to obtain a special permit for fisher and marten. After five years of data collection, this permit is no longer required. A trapping license would still be required to pursue these species as required by law. Contact: Michael Schiavone, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8883. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 51, Public use of State Wildlife Management Areas. Statutory Authority: ECL 1-0101, 3-0301, 9-0105, and 11-2101. DEC is proposing to amend 6 NYCRR Part 51 to more clearly identify public use compatible with the legal and intended purposes of Wildlife Management Areas for wildlife dependent recreation and wildlife conservation. Where appropriate, revisions will more closely mirror provisions in 6 NYCRR Part 190 Use of state lands. These amendments may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Marcelo DelPuerto, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-4754. Telephone: 518-402-8883. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 10, pertaining to Trout Stream Fishing Regulations. The Department will propose a revision of trout stream fishing regulations to reduce the number of regulation variations and align regulations with specific fisheries management objectives. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gregory Kozlowski, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8896. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Parts 10 and 36, pertaining to American Eel Fishing Regulations. The Department will propose a revision in regulations to prohibit the commercial and recreational harvest and possession of American Eel in all inland waters except for the Hudson River below the Federal Dam in Troy. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gregory Kozlowski, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8896. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 10, pertaining to Skaneateles Lake Fishing Regulations. The Department will propose a revision of fishing regulations to increase harvest for illegally introduced walleye. This amendment may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gregory Kozlowski, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8896. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Parts 10 and 19, Various Fishing Regulations. The Department will propose regulatory language clean-up for the purposes of clarification or resolution of language conflicts. In addition, the Department will propose to make adjustments to lake and stream fishing regulations, clarify where ice fishing is permitted, align Greenwood Lake muskellunge/tiger muskellunge regulations with New Jersey, correct an inadvertent change to the Honeoye Lake walleye regulations by reverting the minimum size back to 18 inches, align the Lower Niagara rainbow trout/steelhead creel limit with the existing 2 fish limit on Lake Ontario, update baitfish prohibited waters, and remove Keuka Lake and Otsego Lake from the list of waters where the use of landlocked alewife for bait is permitted. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gregory Kozlowski, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8896. E-mail: [email protected]

6 NYCRR Part 10, Panfish Fishing Regulations. The Department will propose more restrictive sunfish and crappie harvest limits on select lakes as part of a Big Panfish Initiative, reduce the statewide daily harvest limit on sunfish, and increase the statewide crappie minimum length. These amendments may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gregory Kozlowski, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8896. E-mail: [email protected]

6 NYCRR Part 177, Sporting License Issuance and Use. Amend current regulations to update proof of qualifications for certain licenses to be consistent with updated procedures and potential changes necessary to issue sporting licenses as part of a statewide, shared services electronic licensing system that is currently under development. Also, amend current regulations concerning the description of what constitutes a license issued by DEC to allow for electronic sporting licenses to be carried and presented via electronic device(s). This amendment may require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis Contact: Mary Bailey, New York State Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4750, Telephone: 518-402-8869. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 182, Section 182.5, Pertaining to endangered species, threatened species, and species of special concern. The existing regulation will be revised to update the list of endangered, threatened and special concern species based on the best available data. The current list has not been vetted for necessary changes since 1999, with only mandatory changes based on Federal listing decision occurring over the last twenty years. This rule making will require a Job Impact Statement, a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Daniel Rosenblatt, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8884. E-mail: [email protected]. Please include the Part number when emailing.

Division of Forest Protection

6 NYCRR Part 197, Part 197 will be amended to clarify the License to Guide application criteria and review procedure for new applications and renewals. The amendment will also increase the guide license fee for out of state residents to the statutory maximum of two-hundred dollars per license. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments. Contact: Colleen Kayser, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-2560. Telephone: 518-402-8838. Email: [email protected]. Please include the Part number when emailing.

Office of General Counsel

6 NYCRR Part 175, Special Licenses and Permits-Definitions and Uniform Procedures. Part 175 will be updated to reflect the re-establishment of the Division of Marine Resources and to include recently developed licenses and permits. It will be revised to add provisions relating to the suspension of processing and review of license and permit applications, furnishing of financial security for certain licenses and permits, and suspension of marine licenses and permits, and to clarify processes for the issuance, renewal, revocation and transfer of special and marine licenses and permits. This rulemaking will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Anne Haas, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1500. Telephone: 518-402-9530. Email: [email protected]. Please include the Part number when emailing.

Office of Hearings and Mediation Services

6 NYCRR Part 624, Permit Hearing Procedures. The Department proposes to amend procedures governing issues conferences and interim appeals to the Commissioner from issues rulings by the Administrative Law Judges, to clarify the procedures governing motion practice, to establish procedures governing trade secrets and other confidential information in adjudicatory hearings, to revise certain definitions and to make various typographical, technical and related corrections. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis. Contact: Michael S. Caruso, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, New York 12233-1500. E-mail: [email protected]. Please include the Part number when e-mailing.

Division of Lands and Forests

6 NYCRR Part 190, Use of State Lands, Hemlock-Canadice State Forest (Livingston-Ontario State Reforestation Area No.1). Amend existing section 190.26 by applying further restrictions on public use to protect the public water supply since Hemlock and Canadice lakes are a direct source of public water for the city of Rochester and other communities. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands, Rush Oak Openings State Forest. Amend Part 190 to include a new section, Rush Oak Openings State Forest. These regulations will protect the state forest by prohibiting certain activities. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands, Zoar Valley Multiple Use Area Including Zoar Valley Unique Area. Amend existing section 190.25 to protect public safety and natural resources on this Unique Area. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands. Amend Part 190 to include a new section, St. Regis Canoe Area. These regulations will protect the natural resources in the St. Regis Canoe Area from overuse by applying restrictions to group size, camping, campfires and other activities. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Peter J. Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands, Amend Part 190 to include a new section, Forest Preserve Health and Safety Land Account and Utility Lines/Bicycle Paths. These regulations, authorized by amendments to Article XIV of the New York State Constitution, establish a “land account” for forest preserve land that can be used for certain types of public health and safety projects and for burial of utility lines in road corridors crossing forest preserve lands as well as allowing bicycle trails in these corridors. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands. Amend section 190.35, Peekamoose Valley Riparian Corridor to expand the permit requirement to protect public safety and natural resources. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands. Amend Part 190 to include a new section, Camp Pine, Sundown Wild Forest to protect public safety and natural resources. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 193, Trees and Plants. Amend section 193.3, Protected Native Plants by updating the lists of endangered, threatened, rare, and exploitably vulnerable plants to reflect changes in population status that have occurred since the last update in 2012. Scientific names will also be updated to reflect current taxonomic nomenclature. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Jason Denham, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 402-9436, E-mail: [email protected]

6 NYCRR Part 193, Trees and Plants. Amend sections 193.4, Definitions, 193.5, Collection, Sale and Conservation of American Ginseng in New York, 193.6, Certification of Ginseng, and 193.7 Ginseng Dealers. The purpose of the proposed regulation is to allow for the harvest and sale of “wild simulated” ginseng. In addition, consider adding a license requirement for legal ginseng harvest and changing the minimum plant age for the legal harvest of wild ginseng. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis may be prepared. Contact: Jason Denham, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 402-9436, E-mail: [email protected]

6 NYCRR Part 195, Permits for the Erection and Maintenance of Signs, Advertising Structures and Devices in the Catskill Park. These regulations will allow a modest increase in the size of signs and the distance of signs from businesses. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Peter Innes, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4250, Telephone: (518) 402-9405, E-mail: [email protected]

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend section 196.7, Operation of Bicycles in the Adirondack and Catskill Forest Preserve. These regulations will update this section, including the existing list of forest preserve areas where bicycles are prohibited. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend section 196.8, Operation of Motorized Equipment in Wilderness, Primitive, Primitive Bicycle Corridor and Canoe Areas within the Adirondack and Catskill Forest Preserve. These regulations will update this section, including establishing a list where motorized equipment is prohibited on existing forest preserve units and newly classified forest preserve units. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Peter Frank, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 199, Taxation of Forest Land. Amend the existing regulations to update them and provide effective administration of the program by lessening the administrative burden on participants and provide clarity for addressing issues and situations that arise due to changing circumstances associated with private forest land ownership. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Robert Messenger, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4255, Telephone: (518) 402-9428, E-mail: [email protected]

6 NYCRR Part 575, Prohibited and Regulated Invasive Species. Amend sections 575.3, Prohibited Invasive Species and 575.4, Regulated Invasive Species to update these lists and establish control and management of listed prohibited or regulated invasive species. The purpose of this Part is to establish procedures to identify and classify invasive species and to establish a permit system to restrict the sale, purchase, possession, propagation, introduction, importation, and transport of invasive species in New York, as part of the Department of Environmental Conservation’s statewide invasive species management program, as required by ECL sections 9-1709 and 71-0703. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Justin Perry, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 402-9436, E-mail: [email protected]

6 NYCRR Part 592, Procedure for Modification or Extinguishment of a Conservation Easement held by the NYS Department of Environmental Conservation. Amend section 592.3 to clarify language regarding a net conservation benefit to the state. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis will be prepared. Contact: Jim Sessions, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4254, Telephone: (518) 473-9518, E-mail: [email protected]

Division of Marine Resources

6 NYCRR Part 10, Sportfishing Regulations. The Department is proposing amendments that pertain to the management of diadromous fish, including striped bass in the Hudson River and tributaries north of the George Washington Bridge, to maintain compliance with the interstate fishery management plan developed by the Atlantic States Marine Fisheries Commission. Proposed amendments could include changes to the season, minimum size limit, possession limit and the manner of take. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 11, More than One Species. The Department is proposing amendments that pertain to the management of diadromous fishes, including American eel, for taking, possessing, sale, or trafficking in the Harlem or East Rivers and the Hudson River. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. These amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 18, Taking Bait. The Department is proposing amendments that pertain to the management of diadromous fishes to take as bait for sportfishing through the use of fishing devices. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. These amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 19, Use of Bait, Fish for Bait, and Bait Fish. The Department is proposing an amendment to define in-line circle hooks. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 35, Licenses. The Department proposes to establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. The Department also proposes to reduce the number of types of licenses issued and to increase the fees charged for certain licenses. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 36, Gear and Operation of Gear. The Department is proposing amendments that pertain to the management of diadromous fishes in the Hudson and Delaware Rivers and are needed to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC) or as directed in the Federal Sustainable Fisheries Act for such species. The amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, E. Setauket, New York 11733. Telephone: 631-444-0430. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 40, Marine Fish. The Department proposes to amend regulations pertaining to the management of marine and diadromous fishes, including striped bass, to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), or with the requirements of Environmental Conservation Law, or pursuant to the Federal Sustainable Fisheries Act for such species. Proposed amendments will also provide compliance with National Marine Fisheries Service requirements and other federal laws. The Department proposes to amend the regulations to define what methods are allowed for recreational anglers to take fish, including requirements related to the use of circle hooks. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters; and to create a definition for proof of residency and establish requirements for providing such proof of residency when obtaining marine license and permits. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters who also hold federal harvesting licenses. The amendment would require federal license holders to advise the Department if they are required to report to any federal agencies. In addition, the amendment would clarify reporting requirements specific to federal Highly Migratory Species (HMS) permits. The Department proposes to amend reporting requirements for Marine and Coastal District Party and Charter Boat License holders to require weekly reporting. The Department proposes to amend the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits and make changes to striped bass commercial fishing permit reissuance and striped bass commercial permit tag provisions. New regulations would be proposed to make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. The Department proposes to adopt regulations to establish a commercial eel permit with reporting requirements statewide, and to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession and sale is covered statewide. The Department proposes to amend commercial fishing regulations for American eel to establish quota-based fishing limits and closures. The Department proposes to adopt regulations which will require the use of bait bags when fishing with eel pots. The Department proposes to change the open season for striped bass commercial fishing. The Department proposes to adopt changes to the shipping, labeling and packing requirements to require harvester's fishing vessel trip report numbers on labels for quota managed species and adopt regulations to clarify provision for records retention by food fish shippers and dealers. The Department proposes amendments to establish seasonal area gear closures to decrease bycatch of Atlantic sturgeon. The Department proposes to adopt gear and manner of take restrictions for the shore-based shark fishery to discourage fishing on prohibited shark species. The Department also proposes to adopt handling requirements for recreational shark anglers to maximize the chances of survival of sharks being released. The Department proposes additional regulations that ensure New York State commercial and recreational fishermen remain in compliance with NOAA shark fishery requirements. The Department proposes amendments to establish rules pertaining to commercial tautog tag issuance, allocation, and accountability. The Department also proposes regulations governing the application of tags, the sale and possession of tagged and untagged fish, and reporting/record keeping requirements for harvesters and dealers as it pertains to tagged tautog. The Department proposes rules to implement gillnet gear restrictions and marking requirements in the state ocean waters off the south shore of Long Island to comply with the federal Marine Mammal Protection Act. The Department proposes to adopt regulations that implement a northern puffer fish minimum size limit for recreational fisheries. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0430. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, the Department will propose to amend regulations that specify the classification (certified or uncertified) of shellfish lands. These amendments are necessary to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified or closed to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified (open) for the taking of shellfish. The Department also proposes that shellfish lands that have not been subject to a sanitary survey conducted within the previous ten (10) years be designated as uncertified. Shellfish are defined in law as oysters, scallops, and all kinds of clams and mussels. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Matt Richards, New York State Department of Environmental Conservation, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0491. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 42, Sanitary Control Over Shellfish. The Department proposes to amend regulations pertaining to the sanitary, record keeping, and reporting requirements and to require Vibrio control plans and introduce educational requirements, as necessary, to protect public health and allow for the modification of any conditions placed on permit activities after the permit has been issued for shellfish harvesters and shippers needed to comply with the guidelines of the National Shellfish Sanitation Program (NSSP), the federal regulations regarding interstate shipment of shellfish, and the Environmental Conservation Law. The proposed regulations will modify the descriptions of allowable activities under each category of shellfish shipper permits and the harvester permit consistent with the NSSP and the Environmental Conservation Law and amend and clarify descriptions of shellfish harvest areas to clearly delineate geographical sites where shellfish are harvested. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0477. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management. The Department proposes to amend regulations pertaining to the management of surfclams and ocean quahogs that are consistent with the provisions of fishery management plans adopted by the Department and allow for the orderly implementation of any changes to the Environmental Conservation Law for the surfclam fishery. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Jennifer O'Dwyer, New York State Department of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0489. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 44, Lobsters and Crabs. The Department proposes to amend regulations pertaining to the management of lobsters, decapod crabs, and horseshoe crabs to maintain the health of such species and to prevent the introduction of exotic species. These proposed regulations would comply with fishery management plans developed by the Atlantic State Marine Fisheries Commission (ASMFC) for these species and with requirements of the Environmental Conservation Law. The proposed regulations would include general provisions consistent with those found in Part 40. The proposed amendments would establish rules on crab dredging including possible open crab dredge seasons and areas, establish crab pot limits, and revise blue crab size limits. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters to be consistent with the requirements in Part 40. The Department proposes to adopt regulations to implement the new ASMFC Interstate Fishery Management Plan for Jonah Crab which would include a special permit, bycatch limit, gear and/or effort controls and other management measures based on details of the plan. The Department proposes to clarify current language and remove unnecessary regulations. Horseshoe crab regulations will be proposed to allow more control over the harvest and storage of horseshoe crabs. Rules will be developed to better manage the horseshoe crab biomedical harvest and biomedical users. Rules would also be developed to prohibit the importation, possession and use of Asian horseshoe crabs. ASMFC will be developing an Addendum to the lobster management plan to scale the size of the Southern New England lobster fishery to the size of the resource and to respond to the continued depletion of the stock. The Department would propose lobster regulations based on the details of the Addendum. The Department would propose rules to prohibit the liberation of non-local crustaceans into New York's marine district. Rules would be developed to modify lobster trap tag allocations in order to implement trap transferability program. The Department proposes to develop rules to implement lobster gear restrictions and marking requirements to comply with the federal Marine Mammal Protection Act. The Department will also develop rules to establish a minimum age for the non-commercial lobster license. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Division of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0454. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 45, Transplanting of Shellfish. The Department proposes to amend regulations pertaining to the transplanting of shellfish that are necessary for the protection of the public health, compliance with federal guidelines, and minimum requirements from the National Shellfish Sanitation Program (NSSP) Model Ordinance (MO). The proposed regulations would amend requirements for permits, transplanting of shellfish, periods of transplanting, relay area certification, and establish requirements for recordkeeping and reporting. The proposed regulations would also establish requirements for water quality, shellfish testing, and bacterial reduction (cleansing) studies. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Wade Carden, New York State Department of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0481. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 47, Certification of Shellfish Lands. The Department proposes technical amendments that would remove the word “uncertified” where it appears in two subparagraphs that specify the water quality criteria overlying certified shellfish lands. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Matt Richards, New York State Department of Environmental Conservation, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0491. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 48, Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life. The Department proposes to amend regulations pertaining to the sale of cultured food fish and other cultured food products for consumption or resale. The proposed regulations would amend requirements for marking and identification of cultivation products in commercial markets, requirements for permits, and record keeping and reporting requirements. The Department proposes to amend regulations pertaining to application standards and requirements for issuance of marine hatchery and on- and/or off-bottom culture permits. This amendment is necessary to ensure that these standards and requirements are consistent with guidelines of the National Shellfish Sanitation Program (NSSP) Model Ordinance (MO), including the applicant’s submission of a written operational plan that considers all activities which may pose a significant public health concern, including, but not limited to, shellfish seed production in waters classified as uncertified, aquaculture structures that attract birds or mammals, and aquaculture husbandry practices. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Wade Carden, New York State Department of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0481. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 49, Shellfish Management. The Department proposes to adopt regulations for the management of hard clams, soft or steamer clams and razor clams. The management measures include provisions for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, record keeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. The Department proposes to amend regulations pertaining to the possession of oysters of less than legal size which is needed to ensure enforceability and compliance with the minimum size requirements for harvest of wild (natural) oysters in the marine district. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0477. E-mail: [email protected]. Please include the Part number when emailing.

6 NYCRR Part 50, Miscellaneous Marine Species. The Department proposes to adopt new regulations for the protection and management of various other marine species. The immediate need is for the adoption of regulations for the protection and management of whelks (also known as conch, Busycon and Busycotypus spp). These regulations would include size limits, specifications for marking and placement of whelk fishing gear, gear size, baiting and tending rules, bycatch possession rules, trap limits and other regulations necessary to manage the whelk fishery. The Department proposes to amend reporting and record keeping requirements for State license holders to be consistent with the requirements in Part 40. The Department proposes to adopt regulations which would require the use of bait bags when fishing with whelk traps. The Department also proposes to adopt regulations detailing marine mammal and sea turtle viewing restrictions including minimum distance, speed restrictions and prohibition on feeding. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0454. E-mail: [email protected]. Please include the Part number when emailing.

Division of Materials Management

6 NYCRR Part 321, Pesticides in Grape Vineyards, Chautauqua County, Northern Townships, Part 322 Pesticides in Grape Vineyards, Niagara County, Part 323 Pesticides In Grape Vineyards, Chautauqua County, Southern Townships, Part 324 Pesticides In Grape Vineyards, Erie County, and Part 325 Application of Pesticides will be repealed and replaced with new Parts 321-325. This rulemaking will include comprehensive reorganization and revisions to the current rule to update the current pesticide use regulations, including the use of pesticides classified by the USEPA as exempt from the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act. These pesticides are commonly known as 25(b) or minimum risk pesticides. This rulemaking will also incorporate federal certification and training regulations contained in 40 CFR Part 171 and the provisions currently in Part 326 Registration and Classification of Pesticides related to the sale of restricted use pesticides. In addition, Part 326 will be revised to address the registration of minimum risk pesticides. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Anthony Lamanno, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Part 326 Registration and Classification of Pesticides will be amended to add chlorpyrifos to the list of pesticides that may not be distributed, sold, purchased, possessed or used for any purpose in New York State. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Anthony Lamanno, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Part 327, Use of Chemicals for the Control or Elimination of Aquatic Vegetation. Part 327 will be amended to incorporate relevant provisions of Part 328 (Use of Chemicals for the Control or Elimination of Undesirable Fish) and Part 329 (Use of Chemicals for the Control or Elimination of Aquatic Insects) and to reflect the current statutory requirements of Section 15-0313 of the Environmental Conservation Law. 6 NYCRR Part 328 and 6 NYCRR Part 329 will be repealed. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Mark Solan, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Part 350, Food Donation and Food Scraps Recycling. The Department is proposing a new Part 350 as required by Title 22 of Article 27 of the Environmental Conservation Law. The proposed regulations require large food scraps generators to donate wholesome food. Increasing food donation from large food generators will not only help those in need, it will be a financial advantage for the food establishment (grocery store, etc.). Cost savings will be realized through tax deductions and through a reduction in the cost of waste disposal since the food will no longer be disposed of. The proposed regulations also require large food scraps generators to send their food scraps to an organics recycler if one exists within 25 miles of the generator, and the recycler has capacity. However, the proposed regulations, as well as the statute, have a waiver provision for the designated food scraps generators. Any generator can petition DEC for a waiver from compliance with the requirements of the regulations for several reasons, including that the cost of recycling organic waste is not reasonably competitive with the cost of disposing of the waste in a landfill. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Sally Rowland, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8678. E-mail: [email protected]. Please include the Part number when e-mailing.

A new Part 352 will be added that will include subparts related to the regulation of chemicals. The following subparts are proposed.

6 NYCRR Subpart 352-1 1,4-Dioxane Limits for Household Cleansing, Personal Care, and Cosmetic Products. A new law establishes limits on the amount of 1,4-dioxane that can be present in household cleansing (Article 35), personal care and cosmetic (Article 37) products sold in New York State and establishes a penalty for noncompliance with the requirements added to Article 37 (Article 71). The limitations take effect on January 1, 2023 and January 1, 2024, but manufacturers may apply for a one-year waiver and one-year extension. The amendments to Articles 35 and 37 authorize the Department to promulgate any regulations deemed necessary to implement such provisions and the addition of Article 71 extends the penalty to violations of any rules and regulations promulgated by the Department. The proposed rulemaking will add a new 6 NYCRR Part 352 subpart 352-1 Product Ingredient Disclosure and Limits which will contain the regulations that implement the 1,4-dioxane limits for household cleansing, personal care, and cosmetic products, as well as any other future similar laws around ingredient disclosure or restrictions. This rulemaking will include definitions, details of the waiver process, details of the process to review and amend the stated thresholds for 1,4-dioxane, and methods for verifying if a product is in compliance. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Emily Dominiak, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. E-mail: [email protected]. Please include 'Subpart 352-1' in the subject line when e-mailing.

6 NYCRR Subpart 352-2 Toxic Chemicals in Children’s Products. On April 1, 2020, the Legislature adopted chapter amendments to a new law, codified at Title 9 of Article 37 of the ECL, regulating toxic chemicals in children’s products. The law requires manufacturers of children’s products to report the presence of any chemical of concern (COC), as identified by the DEC, and high priority chemical (HPC), as identified in the law or by DEC, to the DEC by March 1, 2023. The law includes various DEC responsibilities, including a requirement to promulgate regulations that contain a list of chemicals of concern by March 1, 2022. DEC must consult with the Department of Health in determining which chemicals should initially be identified as COCs and then periodically thereafter to determine if chemicals should be added or removed from the list of COCs or HPCs. This new rulemaking will add a new proposed Subpart 352-2 Toxic Chemicals in Children’s Products and will include: definitions, a list of COCs, a list of HPCs, the method and frequency of reporting, information that must be included in manufacturer reports, and fees associated with submitting a report or waiver to the DEC. The proposed regulation will also require information that must be included in the notice that manufacturers provide to those who sell or distribute their products within the State about the presence of HPCs in a product, information that must be included in the statement of compliance that manufacturers must provide to DEC upon request, and the frequency and process for periodically reviewing the COC and HPC lists with DOH. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Emily Dominiak, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. E-mail: [email protected]. Please include 'Subpart 352-2' in the subject line when e-mailing.

6 NYCRR Part 353 Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban. The 2020-2021 State Budget included a new bill which amended Article 27 of the ECL by adding a new Title 30, “Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban.” While the law took effect immediately, the ban in Title 30 of Article 27 of the ECL takes effect on January 1, 2022, and will prohibit covered food service providers and stores from selling, offering for sale, or distributing disposable food service containers that contain expanded polystyrene (EPS) foam in New York State, unless the foam containers fall under exemptions specified in the law. The law also prohibits manufacturers or stores from selling, offering for sale, or distributing polystyrene loose fill packaging, commonly known as “packing peanuts,” in New York State. Section 27-3003 authorizes the Department to promulgate regulations to implement the provisions of the law. The Part 353 regulations will include criteria related to what constitutes “comparable costs” pursuant to subdivision two of section 27-3005, as well as details of the hardship waiver process that this subdivision allows certain facilities to request if specific conditions are met. The rulemaking will also include applicable definitions and other criteria needed to clarify or implement the provisions of the law. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Amy Bloomfield, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone (518) 402-8706. E-mail: [email protected]. Please include 'Part 353' in the subject line when e-mailing.

6 NYCRR Part 360, Solid Waste Series Revisions. The rulemaking will amend the Part 360 Solid Waste Management Facilities Series Regulations that went into effect on November 4, 2017. The rulemaking will include adjustments to Parts 360, 361, 362, 363, 364, 365, 366 and 369 and include clarifications regarding construction and demolition (C&D) debris processing facilities and also beneficial use of C&D debris. The rulemaking will also simplify the requirements for waste transport of C&D, adjust pre-determined beneficial uses for the use of brine for road spreading and extend the brine beneficial use transition requirements, and add new requirements for the management of waste tires used at farms to secure tarpaulins, which will reduce retention of water while avoiding unnecessary costs to farmers. The revisions will allow the continued operation of facilities that were registered landfills prior to November 4, 2017 for the receipt of tree debris, concrete, asphalt, brick, and uncontaminated soil and rock resulting from land clearing, utility line maintenance and season or storm-related cleanups until entitled capacity is achieved. The rulemaking will implement requirements of state legislation to ensure protection of groundwater at composting facilities and mulch processing facilities located in Nassau and Suffolk Counties, and restrict the types of facilities allowed to operate inside of a mine within these two counties. Adjustments will be made to improve and simplify the process to receive municipal waste reduction and recycling grants for recycling projects and programs statewide. Additionally, the rulemaking will include minor amendments to correct errors made in cross-references contained in Subpart 374-2 Standards for the Management of Used Oil, as well as adjustments to language contained in section 372.3 Standards Applicable to Transporters related to 10-day temporary storage to be consistent with Part 360 and Part 364 requirements. The rulemaking includes amendments to Part 371 to address a provision in which certain solid wastes are not hazardous wastes. The proposed revision narrows the universe of types of wastes generated from drilling operations at crude oil wells, natural gas wells or geothermal energy wells that is not considered hazardous waste to rock chips, fragments and/or fines that are uncontaminated by drilling and completion fluids, including any additives. The current provision in 371 excludes all drilling fluids, produced waters, and other wastes associated with the exploration, development, production of crude oil, natural gas or geothermal energy from being hazardous wastes. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Melissa Treers, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7260. Telephone: 518-402-8678. Email: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Part 367, Returnable Beverage Containers. This rulemaking will incorporate revisions to the statute that specifically changed and, in some cases, change the Part 367 regulations that were promulgated in 1983; reflect changes in the way the industry and the regulated community now comply with these regulations; and include changes that will lead to improved compliance and enforcement. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Jennifer Kruman, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8706. E-mail: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Part 368, Product Stewardship and Product Labeling. This rulemaking will repeal and replace the existing Recycling Emblem regulations in 6 NYCRR Part 368 to be consistent with national labeling guidelines for recycling terms. It will also include regulations for mercury-added consumer products labeling, and product stewardship requirements for the E-Waste take back program resulting from legislation adopted in 2010 for E-Waste management. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Peter Pettit, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8706. E-mail: [email protected]. Please include the Part number when e-mailing.

6 NYCRR Parts 370, 371, 372, 373, 374 and 376, Hazardous Waste Management Regulations ('FedReg6'). This rulemaking will incorporate, as appropriate, federal rules that were adopted between July 31, 2013 and the present, which include regulations governing recycling of hazardous materials; electronic manifest requirements; reorganization and updates to regulations pertaining to hazardous waste generators; management of hazardous waste pharmaceuticals; and may include regulations addressing the management of vehicle air bags and aerosol cans, and updates to ignitability testing methods. This rulemaking may also include state-initiated changes related to classification of permit modifications, secondary containment requirements for liquid hazardous waste, used oil management, and management of paint waste and waste solar panels. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Michelle Ching, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-8651. E-mail: [email protected]. Please include 'FedReg6' in the subject line when e-mailing.

6 NYCRR Parts 370, 371 and 374 Addition of Aerosol Cans and Paint to the Universal Waste Rule. The proposed rulemaking amends 6 NYCRR Subpart 374-3: Universal Waste Rule and related sections of 6 NYCRR Parts 370, 371, 373 and 376 of the hazardous management regulations. Paint and aerosol cans are proposed to be added to the state universal waste rule and management standards specific to paint waste and to aerosol cans are proposed including labeling, accumulation time limits, personnel training, transportation requirements, and specific standards for accumulation and consolidation at collection sites. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Alison Egbon, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-8651. E-mail: [email protected]. Please include 'Subpart 374-3 Aerosol Cans and Paint Universal Waste Rule' in the subject line when e-mailing.

6 NYCRR Part 381, Transporters of Low-Level Radioactive Waste. This rulemaking will adopt applicable requirements of the federal Nuclear Regulatory Commission (NRC) regulations. These changes are needed to conform with (NRC) regulation revisions from 2012 through2017. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Timothy Rice, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7255. Telephone: 518-402-8651. E-mail: [email protected]. Please include 'Part 381' in the subject line when e-mailing.

6 NYCRR Part 384, Cleanup Criteria for Remediation of Sites Contaminated with Radioactive Material. This rule is being developed to adopt applicable sections of the federal Nuclear Regulatory Commission's (NRC) License Termination Rule (LTR), which establishes cleanup criteria for radiologically contaminated sites, and the Timeliness of Decommissioning Rule, which outlines necessary steps for the planning and implementing of site cleanups. Program staff are coordinating adoption of these rules with the New York State Department of Health and the New York City Department of Health and Mental Hygiene to ensure compatibility, as they must also adopt applicable sections of these federal rules. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Timothy Rice, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7255. Telephone: 518-402-8651. E-mail: [email protected]. Please include 'Part 384' in the subject line when e-mailing.

6 NYCRR Part 483, Hazardous Waste Program Fees. This rulemaking will amend Part 483 to incorporate statutory changes made to the Hazardous Waste Program Fees in Environmental Conservation Law section 72-0402. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Tom Killeen, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-7256. Telephone: 518-402-8651. E-mail: [email protected]. Please include 'Part 483' in the subject line when e-mailing.

6 NYCRR Part 659, Household Cleansing Product Information Disclosure Requirements. The Department is considering revisions to 6 NYCRR Part 659 to clarify the information manufacturers should provide pursuant to Article 35 and the method by which the information should be provided. Part 659 implements Article 35, which, in part, authorizes the Department to promulgate regulations to require manufacturers of household cleansing products to disclose information regarding such products in a form prescribed by the commissioner. Amendments to the rule will include the addition of applicable definitions, and the addition of provisions which will provide direction on specific information to be disclosed, direction on withholding information deemed confidential, and direction on web posting requirements by which manufacturers should disclose information to ensure that it is easy to find, machine readable, and accessible to all. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Emily Dominiak, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7253. Telephone: 518-402-8706. E-mail: [email protected]. Please include 'Part 659' in the subject line when e-mailing.

Division of Mineral Resources

6 NYCRR Parts 420, 421, 423, and 425. The Department is proposing to amend 6 NYCRR Parts 420 to 425 to: (1) clarify ambiguous sections; (2) strengthen portions of the regulations; (3) reflect changes in the regulatory fee structure and civil penalties; and (4) reflect changes in scientific knowledge. Amendments to these regulations would be done as one package. The Department is proposing to repeal and replace Part 422 to update requirements regarding the Mined Land-Use Plan.

6 NYCRR Part 420, General. Amend current regulations to expand the definitions to include words used to describe abandonment, technical terms associated with blasting, bluestone, and other terms to ensure consistency with the Mined Land Reclamation Law. Also add regulatory provisions to clarify what projects will be considered construction projects under the Mined Land Reclamation Law.

6 NYCRR Part 421, Permits. Amend current regulations to: (1) add language requiring a mining termination notice to be filed if a complete renewal application is not received within 30 days of the expiration of the permit; (2) add a section codifying the criteria for determining if an excavation is exempt from requiring a mining permit; (3) update the annual regulatory fee schedule to be consistent with the current rates; and (4) restore the alterations and modifications section for proposed changes that are ministerial in nature.

6 NYCRR Part 422, Mined Land-Use Plan. Repeal and replace Part 422 of the current regulations to: (1) revise the language for mined land-use plan requirements; (2) add an expanded section describing the required elements for the graphic portion of the mined land-use plan; and (3) add expanded sections addressing dust control, noise control, visual pollution, water resource protection, sediment and erosion control, and blasting.

6 NYCRR Part 423, Reclamation Bond. Amend current regulations to replace the word bond with financial security throughout the section to reflect the variety of financial instruments that may satisfy the need for financial assurance for reclamation.

6 NYCRR Part 425, Civil Penalties. Amend current regulations to change civil penalties amounts to reflect changes made to ECL § 71-1307(1) subsequent to the last revisions to the regulations.

This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Matthew Podniesinski, New York State Department of Environmental Conservation, Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, NY 12233-6500. Telephone: 518-402-8076. E-mail: [email protected]. Please include the Part number when emailing.

Division of Water

6 NYCRR Part 502 - Floodplain Management Criteria for State Projects. Revisions would update language to comply with enabling legislation and would update criteria to comply with changes in Federal Emergency Management Agency regulations and New York State Building Code. Part 502 was last updated in 1984. Revisions would include updated definitions, clarifying floodway encroachment requirements, changing lowest floor elevation requirements to reflect the Building Code of New York State, and clarifying the variance application and decision process. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Alan Fuchs, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3504. Telephone 518-402-8185. E-mail: [email protected]

6 NYCRR Part 505 - Coastal Erosion Management. Part 505 of 6 NYCRR was last amended in March 1988. Revisions would include clarifying definitions, adding new defined terms, and clarifying language regarding regulated activities in natural protective features areas. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Alan Fuchs, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3504. Telephone: 518-402-8185. E-mail: [email protected]

6 NYCRR Part 601 – Water Withdrawal. Revisions are needed to clarify permit exemptions; add new defined terms; clarify language regarding regulated activities; and remove outdated references to Initial Permits. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Koon Tang, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3508. Telephone: 518-402-8086. E-mail: [email protected]

6 NYCRR Part 602 - Long Island Agricultural Water Wells. Revisions are needed to reflect that the permit exemption for agricultural water wells on Long Island was eliminated in 1992 by the introduction of paragraph 7 of ECL section 15-1527; provide an exemption for temporary dewatering wells, remedial wells, and closed loop geothermal systems consistent with Part 601; and remove a regulatory gap for small public water supplies. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Koon Tang, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3508. Telephone: 518-402-8086. E-mail: [email protected]

6 NYCRR Parts 609, and 700 – 706 Water Quality Standards. Revisions would add/revise ambient water quality standards, standard-setting procedures, implementation procedures, and other regulatory provisions. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Alexander Smith, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-8287. E-mail: [email protected]

6 NYCRR 676 – Salt Storage. A new part would be added to regulate the private and municipal storage of road salt and road salt/sand mixtures. Regulations are needed to protect waters of the state from contamination due to the uncovered storage of road salt and road salt/sand mixtures. The rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Ryan Waldron, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3506. Telephone: 518-402-8244. E-mail: [email protected]

6 NYCRR Part 750 - State Pollutant Discharge Elimination System (SPDES) Permits. Revisions are necessary to incorporate new federal criteria and standards. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3505. Telephone: 518-402-8111. E-mail: [email protected]

6 NYCRR Parts 864, 890, 891 & 935 – Site-Specific Enterococcus Water Quality Criteria – Revisions would add site-specific enterococcus criteria for select waters to improve water quality, protect the public health and increase public enjoyment of these waters. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Alexander Smith, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-8287. E-mail: [email protected]

6 NYCRR Part 910 - St. Lawrence River Drainage Basin. Revisions would reclassify surface waters as needed to provide water quality protection consistent with designated best usages, as well as the Clean Water Act (CWA) Section 101(a)(2) goals. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Alexander Smith, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3502. Telephone 518-402-8287. E-mail: [email protected]

Pursuant to section 202-d of the State Administrative Procedures Act, notice is hereby provided of the following rules which the Workers’ Compensation Board (“the Board”) is considering proposing but for which a rule making proceeding has not been commenced. All references are to Title 12 of the New York Code of Rules and Regulations unless otherwise noted. The Board’s regulatory plans are subject to change, and the Board reserves the right to add, delete, or modify any item. The Board is not required to propose for adoption any rule summarized in this regulatory agenda. In addition, the Board may propose a rule for adoption that was not under consideration at the time that this regulatory agenda was submitted for publication.

This notice is also intended to provide small businesses, local governments, and public and private interests in rural areas with the opportunity to participate in the rule-making process, as provided for in sections 202-b and 202-bb of the State Administrative Procedures Act. All rules described below may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis pursuant to sections 202-b and 202-bb of the State Administrative Procedures Act, respectively.

The public is welcome to send written comments on the Board’s Regulatory Agenda to the contact person at the end of this list.

The Board is considering proposing the rules described below:

• Continued amendments to the Medical Treatment Guidelines (including amending the Mid and Low Back, Shoulder, Knee, and Non-Acute Pain Medical Treatment Guidelines).

• Amendments to Title 12 to add regulations related to the direct deposit of workers’ compensation benefits as required by Chapter 253 of the Laws of 2020.

The Board will continue to review its rules in an effort to provide for clearer and more accurate references to Board policies and procedures while also eliminating typographical errors and obsolete forms and practices.

To obtain information about or submit written comments concerning any item in this Regulatory Agenda, contact: Heather M. MacMaster, Deputy General Counsel, Workers’ Compensation Board, 328 State Street, Schenectady, New York 12305-2318, telephone: (518) 486-9564, e-mail: [email protected]