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

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

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 is promulgating these rules, as authorized by Section 24-109(a)(17) to reduce emissions, from mobile food vending units used to power a process device, which in the case of mobile vending units is used to preserve food. DEP will conduct public outreach to the regulated community to make all stakeholders aware of these requirements.

This rulemaking reflects DEP’s determination that engines in mobile food vending units with an input of less than 50 horsepower are an emission source 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 24-163.12 of the New York City Administrative Code.

Effective Date: 
Thu, 02/15/2018

Proposed Rules: Closed to Comments (View Public Comments Received:7)

Agency:
Comment By: 
Wednesday, February 14, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Working with the City’s rule-making agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. In light of this review, the Department of Enviornmental Protection (“DEP” or “the department”) is making several changes to its asbestos regulations to update them and make them easier for the public and the regulated community to understand.

Among other changes, the proposed rule:
• clarifies the purpose of the rule;
• adds definitions;
• adds sections related to the Asbestos Assessment Report and renewal of the Restricted Asbestos Handler Certificate;
• clarifies variance-related issues;
• clarifies the qualifications required for investigator certificates;
• clarifies record-keeping requirements for the contractor, air monitor and investigator;
• updates language on, and the specifications of, required warning signs and labels;
• prohibits employees of the department’s Asbestos Control Program from applying for an asbestos investigator certificate or from applying for renewal of the certificate;
• allows in certain instances individuals denied a certificate to appeal the decision;
• repeals section 1-22 (b)(2), Asbestos Exemption Certification;
• limits the number of times any certificate holder may receive a replacement certificate to twice in any two-year validity period;
• requires an asbestos abatement permit when there is an obstruction of an interior exit stairway;
• requires a sample location sketch to be made within one hour of the beginning of sample collection of suspected asbestos-containing material;
• requires additional training for investigators with a high school diploma including blueprint-reading courses;
• requires a minimum of six months graduate experience in building survey or a certified asbestos investigator;
• allows for electronic recordkeeping;
• clarifies for the investigator what a chain of custody must include;
• sets required procedures for encapsulation and enclosure;
• requires applicants to achieve a passing grade on a departmental examination by the third attempt;
• makes failure to comply with a work place safety plan a violation of the rules;
• requires that a variance for the use of a remote worker decontamination enclosure be obtained;
• requires a building owner or its authorized representative to retrieve the approved stamped copy of the work place safety plan from DEP and post that copy at the work place;
• requires that a sample location sketch must be made within one hour of the beginning of sample collection;
• amends section 1-26 to always require a work place safety plan when a permit is required;
• clarifies the roofing, flooring, vertical surface, and pre-demolition procedures; and
• includes minor plain-language revisions.

Subject: 

Amendment of Asbestos Control Program Rules

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

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose
Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that should be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help promote public understanding and compliance. In light of this retrospective rules review, the Department of Environmental Protection is making several changes to its community right-to-know regulations to make them more readily understandable to the public.

Effective Date: 
Mon, 02/05/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, December 20, 2017
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 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 is proposing 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 used to comply with section 24-146(e).

Consistent with the above, DEP proposes the following new Rule, to be found at 15 RCNY Chapter 49. This proposed rule excludes spray on foam applications from the definition of “insulating material.” DEP invites comments regarding this exclusion.

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

Subject: 

Limitation of Airborne Particulates in Spraying of insulating Material.

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

Alyssa Preston

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, December 20, 2017
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 mobile food vending units used to power a process device, which in the case of mobile vending units is used to preserve food.

This rulemaking reflects DEP’s determination that engines in mobile food vending units with an input of less than 50 horsepower are an emission source 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 24-163.12 of the New York City Administrative Code.

Subject: 

Registration of Certain Mobile Food Vending Unit Engines.

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

Alyssa Preston

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 25, 2017
Proposed Rules Content: 

Statement of Basis and Purpose

The proposed 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, DEP is authorized 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 proposed 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 proposed amendments clarify that only stormwater and allowable runoff may enter a storm sewer, catch basin or manhole without written approval.

The proposed 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 proposed amendments would 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.

Subject: 

Regulation of Discharges into Storm Sewers and Catch Basins

Location: 
NYC 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

Agency:
Comment By: 
Wednesday, September 27, 2017
Proposed Rules Content: 

Statement of Basis & Purpose
Working with the City's rulemaking agencies, the Law Department, the Mayor's Office of Management and Budget, and the Mayor's Office of Operations conducted a retrospective rules review of the City's existing rules, identifying those rules that should be repealed or modified to reduce regulatory burdens, increase equity, support small business, and simplify and update content to help promote public understanding and compliance. In light of this retrospective rules review, the Department of Environmental Protection is making several changes to its community right-to-know regulations to make them more readily understandable to the public.

Subject: 

Amendment of Right to Know Rules

Location: 
NYC DEP 10th Floor Conference Room
59-17 Junction Blvd. 10th 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
In 2012, the Department signed a Consent Order modifying a 2005 New York State Department of Environmental Conservation Consent Order (DEC Case No CO2-20000107-8, as modified) to reduce combined sewer overflows (“CSOs”) and committed to construct and implement green stormwater management practices (also known as “green infrastructure”) that are part of a broader green/grey strategy (i.e., also employing “grey infrastructure,” which includes CSO storage facilities and other engineered projects) to improve water quality in local waterways. Specifically, the Department is required to manage one (1) inch of rainfall on ten percent (10%) of the impervious surfaces within combined sewer areas by 2030 using green infrastructure. The Department established its Office of Green Infrastructure to implement the Green Infrastructure Grant Program (“Program”) and launched the Program in order to partner with stakeholders and community groups in the construction and maintenance of green infrastructure. The Program provides funding to private property owners for the design and construction of qualified green infrastructure practices. Grants under this Program are available to owners of property located within the five (5) boroughs of the City of New York whose property and proposals meet the criteria set forth by the Department.
The Department received a comment from an environmental organization urging that a number of changes be made to the rule, including the deletion of the requirement that the final contract plans be certified by a professional, and other changes which, in the commenter’s view, would hinder the effectiveness of the Program. After due consideration of this comment, the Department has decided to finalize the rule without change.
This rulemaking sets forth the determination by the Commissioner of the Department as to the requirements for eligible projects and grant applicants, the application process, compliance and administration and funding requirements under the Program. The Department is therefore promulgating the following new rule, to be found at 15 RCNY Chapter 48.
The Rule is authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.

Effective Date: 
Mon, 06/12/2017

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