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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, August 22, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law Number 53 of 2018 amended the Administrative Code by adding a new Section 24-223.1, which provides for the issuance of a stop work order when it is found that work is being performed in violation of the provisions of Section 24-222 or 24-228 or any rules promulgated thereunder.

DEP is proposing these rules, as required by Section 24-223.1, to establish a procedure for requesting a hearing to appeal a written stop work order by amending Chapter 45 of Title 15 of the Rules of the City of New York (RCNY).

DEP is also amending Chapter 32 of Title 15 of the RCNY to add the hearing for appeal of written stop work orders provided for in the new Chapter 45 to the list of adjudicatory hearings that can be conducted by DEP.

Consistent with the above, DEP proposes to promulgate the following new Rule, to be found at 15 RCNY Chapter 45 and 15 RCNY Chapter 32.

The Rule is authorized by Section 1043 of the Charter and Sections 24-204 and 24-223.1 of the Administrative Code.

Subject: 

Amendment of rules regarding the issuance and appeal of a stop work order.

Location: 
DEP 9th Floor Hearing Room
59-17 Junction Boulevard 9th Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, August 22, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a rule to amend Chapter 47 of Title 15 of the Rules of the City of New York (RCNY), to establish new penalties for violations of Title 24, Chapter 2 of the New York City Administrative Code, also known as the Noise Control Code (Noise Code), as amended by Local Law 53 of 2018 (LL 53). The proposed rule is authorized by section 1043 of the Charter of the City of New York and sections 24-204 and 24-257 of the Noise Code, and is exempt from review under section 1043(d) of the Charter pursuant to section 1043(d)(4)(iii).

LL 53, which takes effect on July 16, 2018, amends subdivision (d) of section 24-223 of the Noise Code to set enforceable decibel limitations from construction noise. Prior to the enactment of LL 53, violations were not authorized for exceedances of a decibel level unless the responsible party failed to confer with the Department concerning mitigation measures that can be used to reduce noise. In addition, LL 53 authorizes the Department to issue a stop work order if the Department finds that work is being performed in violation of sections 24-223 or 24-228 of the Noise Code, or any rules promulgated thereunder.

Subject: 

AMENDMENT OF NOISE CODE PENALTY SCHEDULE.

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

No contact

Proposed Rules: Closed to Comments (View Public Comments Received:33)

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: Closed to Comments

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: Closed to Comments

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): 

Pages