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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, February 6, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a new rule to be found at Title 15 of the Rules of the City of New York (RCNY) Chapter 47, to establish penalties for violations of Title 24, Chapter 1 of the New York City Administrative Code, also known as the Noise Control Code (Noise Code) as amended by Local Law 72 of 2016 (LL 72), as well as violations of 15 RCNY Chapter 28, which governs noise from construction. The proposed rules are authorized by section 1043 of the Charter of the City of New York and sections 24-204 and 24-257 of the Noise Code.

LL 72 amends section 24-218 of the Noise Code by adding a new subdivision (a-1) applying to unreasonable noise violations committed in a commercial context or in certain cases by building owners. The law also amends section 24-257 to change the penalty range for a first offense of section 24-218(a) to $75 to $150, the civil penalty for a second offense within two years to $150 to $250, and the civil penalty for a third offense within two years to $350 to $500. The current penalties for unreasonable noise will now be applicable to violations of section 24-218(a-1).

The current Noise Code Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-115, is not being changed, other than the changes required by LL 72 as described above. OATH will repeal the existing penalty schedule from its rules on the same day that this proposed rule takes effect.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule relocation will speed up the rulemaking process by eliminating the need for board approval of penalties that have already been established by the legislature or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.
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 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. The proposed repeal of 48 RCNY §3-115 was identified as meeting the criteria for this initiative.
Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 47.

Subject: 

DEP Noise Code Penalty Rule

Location: 
DEP 19 Floor Conference Room
59-17 Junction Boulevard 19 Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 1, 2017
Proposed Rules Content: 

Statement of Basis and Purpose

Section 1403 of the Charter of the City of New York and Sections 24-337 and 24-346 of the Administrative Code of the City of New York authorize the New York City Department of Environmental Protection (“DEP”) to amend the “Drought Emergency Rules” (15 RCNY Chapter 21) in order to address water shortage emergencies due to circumstances other than natural conditions, such as planned and unplanned infrastructure outages and repairs. The proposed amendments also add, remove, and change certain water use prohibitions during the different stages of water shortage emergencies, to better reflect DEP’s current understanding of City water use. Although the proposed rule does not apply to routine residential water use such as water used for drinking, bathing, or dishwashing, the Department expects that when the restrictions in the proposed rule are implemented during a water shortage emergency, public awareness of the restrictions will lead to decreased residential water use. The new rules include the following important changes and additions:

Restrictions on Water Use for Reasons Other than Hydrological Conditions
The proposed rule addresses the need for DEP to impose water use restrictions whenever there is a water shortage, regardless of whether such shortage is caused by natural hydrological conditions or other circumstances such as planned and unplanned infrastructure outages and repairs.

Amendments to Water Use Restrictions to Reflect Updated Studies
In 2012, DEP completed several studies to better understand water use in the City among different types of users and for different types of land uses. These studies analyzed how water uses vary in residential, commercial, and high-rise buildings, and single-family homes. The studies also analyzed industrial water uses. The revised rules reflect DEP’s updated understanding of the City’s water use.

Amendments to Defined Terms
DEP proposes amending the defined terms to replace “drought emergencies” with “water shortage emergencies,” in order to capture water shortages caused by other, non-drought circumstances, such as planned or unplanned infrastructure outages. DEP also proposes to include additional terms related to golf courses and to clarify other existing terms.

Clarifications to Exemptions from Water Use Restrictions
The proposed amendments clarify when one can apply for an exemption from the rules restricting water use, as well as the process for applying for the exemption.

Clarifications to Setting a Water Shortage Rate
The proposed amendments authorize the Commissioner to request and recommend that the New York City Water Board set a water shortage rate in advance of a water shortage emergency, which can be implemented during a water shortage emergency. A water shortage rate is the increased rate in effect during a water shortage emergency to encourage water conservation.

Amendments to Signage Requirements
The proposed rule clarifies and broadens the categories of residential units required to display signs during Stage II and Stage III water shortage emergencies.

Changes and Restrictions for Certain Activities and Specific High Volume Users
The rule establishes new percentages by which water use must drop for certain activities during different stages of a water shortage emergency. The new requirements apply to nurseries, golf course tee boxes and greens, playgrounds, athletic playfields, and certain bottling plants, paper recycling facilities, and hotels.

Subject: 

Amendment of Water Emergency Rules

Location: 
NYC DEP 20th Flooe Hearing Room
59-17 Junction Blvd. 20 Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, February 1, 2016
Proposed Rules Content: 

Statement of Basis and Purpose

Section 1403 of the Charter of the City of New York and Sections 24-337 and 24-346 of the Administrative Code of the City of New York authorize the New York City Department of Environmental Protection (“DEP”) to amend the “Drought Emergency Rules” (15 RCNY Chapter 21) in order to address water shortage emergencies due to circumstances other than natural conditions, such as planned and unplanned infrastructure outages and repairs. The proposed amendments also add, remove, and change certain water use prohibitions during the different stages of water shortage emergencies, to better reflect DEP’s current understanding of City water use. Although the proposed rule does not apply to routine residential water use such as water used for drinking, bathing, or dishwashing, the Department expects that when the restrictions in the proposed rule are implemented during a water shortage emergency, public awareness of the restrictions will lead to decreased residential water use. The new rules include the following important changes and additions:

Restrictions on Water Use for Reasons Other than Hydrological Conditions
The proposed rule addresses the need for DEP to impose water use restrictions whenever there is a water shortage, regardless of whether such shortage is caused by natural hydrological conditions or other circumstances such as planned and unplanned infrastructure outages and repairs.

Amendments to Water Use Restrictions to Reflect Updated Studies
In 2012, DEP completed several studies to better understand water use in the City among different types of users and for different types of land uses. These studies analyzed how water uses vary in residential, commercial, and high-rise buildings, and single-family homes. The studies also analyzed industrial water uses. The revised rules reflect DEP’s updated understanding of the City’s water use.

Amendments to Defined Terms
DEP proposes amending the defined terms to replace “drought emergencies” with “water shortage emergencies,” in order to capture water shortages caused by other, non-drought circumstances, such as planned or unplanned infrastructure outages. DEP also proposes to include additional terms related to golf courses and to clarify other existing terms.

Clarifications to Exemptions from Water Use Restrictions
The proposed amendments clarify when one can apply for an exemption from the rules restricting water use, as well as the process for applying for the exemption.

Clarifications to Setting a Water Shortage Rate
The proposed amendments authorize the Commissioner to request and recommend that the New York City Water Board set a water shortage rate in advance of a water shortage emergency, which can be implemented during a water shortage emergency. A water shortage rate is the increased rate in effect during a water shortage emergency to encourage water conservation.

Amendments to Signage Requirements
The proposed rule clarifies and broadens the categories of residential units required to display signs during Stage II and Stage III water shortage emergencies.

Changes and Restrictions for Certain Activities and Specific High Volume Users
The rule establishes new percentages by which water use must drop for certain activities during different stages of a water shortage emergency. The new requirements apply to nurseries, golf course tee boxes and greens, playgrounds, athletic playfields, and certain bottling plants, paper recycling facilities, and hotels.

Subject: 

Amendment of Water Emergency Rules

Location: 
NYC DEP 20th Floor Conference Room
59-17 Junction Boulevard 20th Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

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

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