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Department of Environmental Protection
Codified Title: 
Title 15: Department of Environmental Protection

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, August 1, 2018
Proposed Rules Content: 

Statement of Basis and Purpose

The New York City Department of Environmental Protection (“NYCDEP”) proposes to amend the Rules for the Recreational Use of Water Supply Lands and Waters (“Rules”). There are currently 112,993 Access Permit holders and 13,081 Boat Tag holders. In 2017, NYCDEP held several recreation-related events in which almost 800 people attended.

These Rule changes will increase recreational opportunities on New York City lands and waters, provide greater flexibility for NYCDEP to manage boats stored on reservoirs, and make the Rules clearer and easier to read and follow. These proposed Rules provide a wide range of recreational opportunities, including fishing, boating, hunting, trapping and hiking. Recreational opportunities improve the quality of life of nearby residents by providing several additional leisure activities, and by expanding access to outdoor physical activities that improve health and fitness. Many of the changes in the proposed rule are in response to comments and feedback received from users of NYCDEP’s properties and amenities.

Examples of changes beneficial to users include:
• Expansion of the recreation season,
• Extension of the time that Fishing Boat Tags are valid,
• Acceptance of the IDNYC as valid identification, and
• Allowing the use of service dogs.

Subject: 

Amendment of Rules for Recreational Use of Water Supply Lands and Waters

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor Hearing Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law number 38 for the year 2015, as codified in Section 24-163.11 of the Administrative Code, requires the Department of Environmental Protection (“DEP”) to promulgate rules requiring heavy duty trade waste hauling vehicles to operate using the best available retrofit technology.

This rule sets forth DEP’s determinations as to precautions that must be used to comply with the requirements of Section 24-163.11. The goal of this rule is to reduce particulate matter emission from the vehicles by requiring controls that will limit the amount of particulate matter emitted into the open air from a heavy duty trade waste hauling vehicle.

This rulemaking is authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-163.11 of the Administrative Code. The rule adds a new Chapter 51 to Title 15 of the Rules of the City of New York.

DEP received written comments from one individual and two comments during the public hearing concerning issues with installing BART where some but not all engines in an engine family are verified on the EPA and CARB websites. DEP has a variance procedure in place to address such situations.

Consistent with the above, DEP promulgates the following Rule to be found at 15 RCNY Chapter 51.

Effective Date: 
Thu, 08/09/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP.

DEP promulgates these rules, as authorized by Section 24-109(a)(17), to reduce emissions from cook stoves used primarily for cooking food for onsite consumption at a food service establishment.

This rulemaking reflects DEP’s determination that cook stoves are a source of significant emissions that must be registered with DEP.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-149.5 of the New York City Administrative Code.

DEP received one public comment concerning the applicability of this rule to charitable institutions and that it would be burdensome and onerous for religious institutions to comply. DEP has removed the provision that char coal burning appliances must register with the department since only coal and wood fired cook stoves are currently regulated by the Air Code.

Consistent with the above, DEP promulgates the following Rule to be found at 15 RCNY Chapter 50.

Effective Date: 
Thu, 08/02/2018

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Monday, July 23, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 53 of 2018 added a new subdivision (e) to Section 24-207 of the Administrative Code. This new subdivision requires the commissioner to prescribe specific time frames for inspections in response to after hours noise complaints received by the department to ensure that inspections are most likely to occur at a time that the alleged noise is continued from the time of such complaint, or at a time when the alleged noise is likely to be repeated.

DEP is proposing these rules, as required by section 24-207(e), to establish the method and strategy to inspect afterhours complaints when the noise will still be continuing and/or likely to be repeated.

Consistent with the above, DEP will promulgate the following rule as a new Chapter 52 in Title 15 of the Rules of the City of New York.

The rule is authorized by Section 1043 of the Charter and sections 24-205 and 24-207(e) of the Administrative Code.

Subject: 

Amendment of rules establishing specific time frames for inspections in response to after hours noise complaints.

Location: 
DEP 11th Floor Conference Room
59-17 Junction Boulevard 11th Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Monday, July 23, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Laws 10 and 53 of 2018 amended Section 24-219 and 24-220 of the Administrative Code, require the filing of noise mitigation plans that must be made publicly available on the department’s website, as well as requiring noise mitigation rules for interior renovation.

DEP is proposing these rules, as required by section 24-219 and 24-220 to clarify and revise the existing noise construction rules as set forth in 15 RCNY 28-100 et seq. to require that noise mitigation plans must be filed with the department and add a section to the rules that will provide for mitigation techniques to control for interior renovation noise.

Consistent with the above, DEP promulgates the following new Rule, to be found Chapter 28 of Title 15 of the Rules of the City of New York.

The Rule is authorized by Section 1043 of the Charter and sections 24-219 and 24-220 of the Administrative Code.

Subject: 

Amendment of existing construction noise rules relating to the submission of noise mitigation plans and interior noise construction.

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments (View Public Comments Received:3)

Agency:
Comment By: 
Wednesday, July 11, 2018
Proposed Rules Content: 

Statement of Basis and Purpose
Local Law 143 of 2013 amended Section 24-716 of the Administrative Code by adding a new subdivision (b) requiring that the Department of Environmental Protection (DEP) promulgate rules “for the proper siting and storage of hazardous substances, taking into consideration all safety issues…” In response, after consulting with other emergency response agencies, as well as the Law Department, the Mayor’s Office of Operations, and the New York State Department of Environmental Conservation, DEP has developed amendments to the existing Community Right-to-Know Regulations (Title 15, Chapter 41 of the Rules of the City of New York) which add a new Section 41-14 to require spillage prevention measures for all portable containers of hazardous substances in order to prevent releases of hazardous substances in case of an extreme weather event, and to impose spillage prevention requirements for facilities located in a Special Flood Hazard Area. The proposed rule also authorizes DEP to perform inspections at facilities and to issue summonses for violations of the rule, and adds definitions for terms found in the new section 41-14.
The proposed rule also deletes Section 41-11(b)(i)(4), which refers to a provision of the New York State regulations that no longer exists, and includes a number of simple, plain language revisions throughout.
DEP’s authority for this rule is found in New York City Charter section 1043 and section 24-716 of the Administrative Code.

Subject: 

Siting and Storage of Hazardous Materials.

Location: 
DEP 11th Floor Conference Room
59-17 Junction Blvd. 11 Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, June 13, 2018
Proposed Rules Content: 

Local Law number 38 for the year 2015, as codified in Section 24-163.11 of the Administrative Code, requires the Department of Environmental Protection (“DEP”) to promulgate rules requiring heavy duty trade waste hauling vehicles to operate using the best available retrofit technology.

This proposed rule sets forth DEP’s determinations as to precautions that must be used to comply with the requirements of Section 24-163.11. The goal of this proposed rule is to reduce particulate matter emission from the vehicles by requiring controls that will limit the amount of particulate matter emitted into the open air from a heavy duty trade waste hauling vehicle.

This rulemaking is authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-163.11 of the Administrative Code. The proposed rule will add a new Chapter 51 to Title 15 of the Rules of the City of New York.

Matter underlined is new. Matter in [brackets] is to be deleted.

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rule of this department unless otherwise specified or unless the context clearly indicates otherwise.

Subject: 

Fuel Requirements for Heavy Duty Trade Waste Hauling Vehicles.

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9th Floor Conference Room
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 13, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP

DEP is proposing these rules, as authorized by Section 24-109(a)(17), to reduce emissions from cook stoves and charcoal burning appliances used primarily for cooking food for onsite consumption at a food service establishment.

This rulemaking reflects DEP’s determination that cook stoves and charcoal burning appliances are a source of significant emissions that must be registered with DEP.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 50.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-149.5 of the New York City Administrative Code.

Subject: 

Registration of Cook Stoves and Charcoal-Burning Appliances.

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9th Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by requiring the department to promulgate rules that will require precautions to be in place prior to the spraying of insulating material in or upon any building during construction, alteration or repair.

DEP promulgates these rules, as required by Section 24-146(e), with the goal of reducing dust released into the environment, which is a known cause of asthma and other respiratory complications.

This rulemaking sets forth DEP’s determination as to the precautions that must be followed to comply with Section 24-146(e).

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 49. This rule excludes spray on foam applications from the definition of “insulating material.” DEP revised the rule both in the applicability section as well as clarified precautions that must be taken based on industry practices as well as city and state regulations governing this subject matter.

The Rule is authorized by Section 1043 of the New York City Charter and section 24-105 and 24-146(e) of the Administrative Code.

Effective Date: 
Mon, 04/23/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

The amendments to Title 15 RCNY Chapter 19 (“Chapter 19”) are intended to add more clarity and specificity to the existing agency regulations in order to avoid confusion, and promote higher rates of compliance.

In addition, section 24-520.1 of the Administrative Code of the City of New York authorizes the Commissioner to regulate non-stormwater discharges into separate storm sewers. Specifically, the section authorizes DEP to establish “allowable runoff” through rules that are consistent with the City’s State Pollutant Discharge Elimination System (SPDES) Municipal Separate Storm Sewer System (MS4) permit and the proper maintenance and purpose of storm sewers.

Accordingly, the amendments are intended to add more clarity and specificity to the existing agency regulations in order to comply with the City’s Municipal Separate Storm Sewer System (MS4) permit, issued by the New York State Department of Environmental Conservation on August 1, 2015 pursuant to the federal Clean Water Act. The MS4 Permit requires the City to reduce pollutants in stormwater runoff that discharge to the local waterbodies.

Specifically, the amendments clarify that only stormwater and allowable runoff may enter a storm sewer, catch basin or manhole without written approval.

The amendments add §19-13 to allow for and delineate an appeals process for Commissioner’s Orders issued pursuant to sections 24-581 or 24-524(a) of the New York City Administrative Code.

The amendments will make Chapter 19 clearer as well as more detailed and comprehensive, in order to make it easier for the regulated community to determine what needs to be done to attain compliance.

The final rule also contains amendments to 15 RCNY § 19-10(d), which were not included in the proposed rule. This language is being added to clarify and update the description of how inspections will be conducted to enforce the chapter.

Effective Date: 
Fri, 03/30/2018

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