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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, January 18, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law Number 38 of 2015 amended Section 24-146 of the Administrative Code, which provides for the issuance of an abatement order when it is found that work is being performed in violation of the provisions of Section 24-146.

DEP is proposing these rules, as required by Section 24-146(f)(5)(iii), to establish a procedure for requesting a hearing to appeal a written abatement order as a new 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 Rules to add the hearing for appeal of written abatement orders provided for in the new Chapter 45 to the list of adjudicatory hearings that can be conducted by DEP.

In addition, Chapter 32 is being amended to simplify complex legal references and to update obsolete references, including the repeal of subdivisions (f), (g) and (h) of 15 RCNY §32-01. Subdivision (f) is being repealed because the reference to noise sensitive zones in Administrative Code § 24-229(b) was repealed as part of the revision to the Noise Pollution Control Code by Local Law 113 of 2005. Subdivision (g) is being repealed because the reference to Environmental Ratings in Administrative Code § 24-154(b) was repealed as part of the revision to the Air Pollution Control Code by Local Law 38 of 2015. Subdivision (h) is being repealed because the reference to “approved noise consultants” incorrectly referenced the Air Pollution Code, and the process to appeal a revocation as a noise consultant is already set forth accurately in 15 RCNY § 32-01(b). Finally, this rule would allow parties in Department hearings to select the option of e-mail notification of the Department’s final determination.

Consistent with the above, DEP promulgates 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 24-105 and 24-146 of the Administrative Code.

Subject: 

Appeal of Abatement Orders

Location: 
NYC DEP 8th Floor Conference Room
59-17 Junction Blvd. 8th Floor Conference 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

This rule defines the method that must be used in performing a smoke test or stack test for generators with an output of 40 kilowatts or more.

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York. It defines required procedures that a professional engineer (P.E.) or registered architect (R.A.) must follow in order to certify that any generator with an output of 40 kilowatts or more has passed a stack test. This rule only sets forth the test method that a P.E. or R.A. shall follow if a Method 9, “Visual determination of the opacity of emissions from stationary sources” test is not used to meet the requirements set forth in Section 24-109(c)(2)(i).

Section 24-109(c)(2)(i) specifically requires the Department to establish by rule a method for the stack test that generators must pass before registration of the generator that may be used instead of conducting a Method 9 test. This rule also meets the requirement set forth in section 24-125(a) that requires the Department to issue a rule that establishes criteria that must be met prior to a work permit being granted for any equipment, including a generator.

DEP has clarified the requirements and standards required in this rule based on comments received at the hearing and in writing. Comments that were submitted that pertained to Code requirements, including but not limited to what types of generators need to obtain a registration or work permit and certificate of operation, are not addressed by this rule as these requirements have already been affirmatively provided for in the Air Pollution Control Code.

The Rule is authorized by Section 1043 of the Charter and section 24-105 24-109(c)(2)(i), and 24-125(a)(1) of the Administrative Code.

Effective Date: 
Wed, 01/04/2017

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

Agency:
Comment By: 
Wednesday, December 7, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

Consistent with Citywide policy, the Department of Environmental Protection (“DEP”) supports film production activities on properties and within facilities under its jurisdiction. Given the increased regularity of such filming activities, it has become necessary to codify the process that has been followed over time. Such codification is also consistent with the City Charter requirement that agencies whose procedures or requirements affect the general public shall promulgate rules governing such activities. The purpose of these rules is thus to provide clear guidance to the persons and entities who wish to engage in film and photography shoots on properties and within facilities under the jurisdiction of DEP, activities which require that they obtain permits from the Mayor's Office of Film, Theatre and Broadcasting (“MOFTB”).

The proposed rules set forth: (i) how to obtain authorization for pre-production location scouting at DEP facilities; (ii) the documentation that must be approved by DEP prior to production, which includes a letter of intent, a location agreement, and proof of insurance; (iii) the requirement to obtain a permit from MOFTB prior to production; and (iv) the post-production responsibilities of the filmmakers or photographers, which includes reimbursing DEP for the personnel costs it incurred and for any DEP property damaged during the film or photography shoot. This proposal would be encompassed in a new Chapter 46 of Title 15 of the Rules of the City of New York.

Subject: 

.Filming and Photography Authorized by DEP

Location: 
DEP 8th Floor Conference Room
59-17 Junction Blvd. 8th Floor Conference Room
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, November 16, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule This rule defines the method that must be used in performing a smoke test or stack test for generators with an output of 40 kilowatts or more. Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York. It defines required procedures that a professional engineer (P.E.) or registered architect (R.A.) must follow in order to certify that any generator with an output of 40 kilowatts or more has passed a stack test. This rule only sets forth the test method that a P.E. or R.A. shall follow if a Method 9, “Visual determination of the opacity of emissions from stationary sources” test is not used to meet the requirements set forth in Section 24-109(c)(2)(i). Section 24-109(c)(2)(i) specifically requires the Department to establish by rule a method for the stack test that generators must pass before registration of the generator that may be used instead of conducting a Method 9 test. This rule also meets the requirement set forth in section 24-125(a) that requires the Department to issue a rule that establishes criteria that must be met prior to a work permit being granted for any equipment, including a generator. DEP has clarified the requirements and standards required in this rule based on comments received at the hearing and in writing. Comments that were submitted that pertained to Code requirements, including but not limited to what types of generators need to obtain a registration or work permit and certificate of operation, are not addressed by this rule as these requirements have already been affirmatively provided for in the Air Pollution Control Code. The Rule is authorized by Section 1043 of the Charter and section 24-105 24-109(c)(2)(i), and 24-125(a)(1) of the Administrative Code.

Subject: 

Measurement of Stack Emissions of Certain Generators

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

Russell Pecunies

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

As part of the amendments to the Air Pollution Control Code, which took effect May 6, 2016 (Local Law Number 38 for the year 2015), a definition of emergency generator was added to Administrative Code § 24-104. Additionally, Section 24-109 of the Administrative Code was clarified to expressly require emergency generators to be registered with the Department of Environmental Protection (DEP). These amendments to the Administrative Code have superseded the requirements relating to emergency generators found in Chapter 40 of Title 15 of the Rules of the City of New York, and, along with existing requirement of the State Department of Environmental Conservation contained in 6 NYCRR §200.1(cq) and 6 NYCRR §201-3.2, have made these rules redundant and unnecessary. Accordingly, Chapter 40 of Title 15 is repealed. This repeal does not affect the substantive requirements applicable to emergency generators in New York City.

The Rule is authorized by Section 1043(b) of the Charter and Sections 24-105 and 24-109(a)(6) of the Administrative Code.

Effective Date: 
Fri, 10/14/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

Commercial char broilers throughout the five boroughs emit an estimated 1,400 tons of particulate matter per year. The Department of Health and Mental Hygiene estimates that those emissions contributed to more than 12% of PM2.5-attributable premature deaths annually in 2005 to 2007 or 400 deaths per year in that period; if all commercial char broilers had had control technology installed, the reduction in ambient PM2.5 concentrations could have prevented nearly 350 of these premature deaths each year.

To reduce the amount of the emissions released by commercial char broilers, in 2015 the City Council amended Title 24 of the Administrative Code of the City of New York by adding a new Section 24-149.4, which prohibits the operation of any new commercial char broiler and any existing chain-driven commercial char broiler used to cook more than 875 pounds of meat per week unless it has an emissions control device that meets the requirements established by the Commissioner of the Department of Environmental Protection (DEP) (Local Law Number 38 for the year 2015, effective May 6, 2016).

DEP promulgates these rules, as required by Section 24-149.4, to establish requirements for the control of emissions from char broilers. In accordance with Section 24-105 of the Administrative Code, an advisory committee, which includes representatives of the restaurant industry and related industries, representatives of the environmental protection and environmental justice communities, and persons with expertise regarding the health effects of pollutants associated with cooking devices, has been consulted in the development of these rules.

In response to a comment received on the proposed rule, the final rule expands the testing methodology authorized for determining particulate matter emissions on commercial char broilers. In addition to EPA Methods 5 and 202, South Coast Air Quality Management District Method 5.1 may also be used.

Section 2 of the rule amends Chapter 43 of Title 15 of the Rules of the City of New York to correct an error in the Air Code Penalty Schedule that became effective on May 11, 2016.

Specifically, the proposed rules:
• Create a new chapter of DEP’s rules for char broiler emissions requirements (Title 15, Chapter 37),
• Set forth the requirements for emissions control devices, and
• Establish maintenance, certification and recordkeeping requirements.

The Rule is authorized by Section 1043 of the New York City Charter and sections 24-105 and 24-149.4 of the Administrative Code.

Effective Date: 
Fri, 09/16/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

On May 6, 2016, Subchapter 5 of Title 24, Chapter 1 of the Administrative Code was repealed. The repealed subchapter had set forth fees for the Air Pollution Control Code. A rule was promulgated to replace the fees which had been set forth in the repealed subchapter; however, certain fees were not carried over. The purpose of this rule is to carry over those omitted fees.

Effective Date: 
Mon, 09/05/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, August 31, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

As part of the amendments to the Air Pollution Control Code, which took effect May 6, 2016 (Local Law Number 38 for the year 2015), a definition of emergency generator was added to Administrative Code § 24-104. Additionally, Section 24-109 of the Administrative Code was clarified to expressly require emergency generators to be registered with the Department of Environmental Protection (DEP). These amendments to the Administrative Code have superseded the requirements relating to emergency generators found in Chapter 40 of Title 15 of the Rules of the City of New York, and, along with existing requirement of the State Department of Environmental Conservation contained in 6 NYCRR §200.1(cq) and 6 NYCRR §201-3.2, have made these rules redundant and unnecessary. Accordingly, Chapter 40 of Title 15 is repealed. This repeal does not affect the substantive requirements applicable to emergency generators in New York City.

The Rule is authorized by Section 1043(b) of the Charter and Sections 24-105 and 24-109(a)(6) of the Administrative Code.

Subject: 

Technical Amendments to the Air Pollution Control Code.

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

Alyssa Preston

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Wednesday, August 10, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

This rule defines the method that must be used in performing a smoke test or stack test for generators with an output of 40 kilowatts or more.

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York. It defines required procedures that a professional engineer or registered architect must follow in order to certify that any generator with an output of 40 kilowatts or more has passed a stack test or smoke test.

Section 24-109(c)(2)(i) specifically requires the Department to establish by rule a method for the stack test that generators must pass before registration of the generator. Section 24-125(a) requires the Department to issue a rule that establishes criteria that must be met prior to a work permit being granted for any equipment, including a generator.

The Rule is authorized by Section 1043 of the Charter and section 24-105 24-109(c)(2)(i), and 24-125(a)(1) of the Administrative Code.

Subject: 

Measurement of Stack Emissions of Certain Generators

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

Alyssa Preston

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, July 27, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule
On May 6, 2016, Subchapter 5 of Title 24, Chapter 1 of the Administrative Code was repealed. The repealed subchapter had set forth fees for the Air Pollution Control Code. A rule was promulgated to replace the fees which had been set forth in the repealed subchapter; however, certain fees were not carried over. The purpose of the proposed rule is to carry over those omitted fees.

Subject: 

DEP is promulgating rules that would amend the existing fee rule for the Air Pollution Control Code.

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

Alyssa Preston

Download Copy of Proposed Rule (.pdf): 

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