DEP Subscribe to RSS - DEP

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, November 26, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

 

Section 1403(c) of the New York City Charter and Section 24-105 of the City Administrative Code authorize the commissioner to regulate and control the emission of harmful air pollutants into the open air.

 

Sections 24-109, 24-122, and 24-125 of the Administrative Code respectively authorize the commissioner

1)      To regulate and control emission sources other than those located in one or two family dwellings and motor vehicles by requiring a registration to be filed with the department; and

2)      Set forth general requirements for applications for work permits, certificates of operation, and renewal of certificates of operation; and provide standards for granting work permits.

 

Chapter 2 of title 15 provides performance standards and other engineering criteria for oil-burning boilers. The rules were revised earlier this year, after not having been revised since their original promulgation in 1970.

 

After this year’s revision, DEP received a number of comments from the regulated community. In response, the rule is being amended to expand the universe of individuals who are permitted to be a qualified combustion tester as well as deleting the term qualified combustion tuner, as the term is not used in the rule. The remainder of the paragraphs within the definitions section have been renumbered.

Subject: 

Amendment to Voluntary Hazard Remediation Technician

Location: 
8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
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

 

Local Law Number 153 (LL 153) for the year 2013 amended various sections of the Administrative Code of the City of New York, including two sections in the Air Pollution Control Code (24-165 and 24-166) and one section in the Noise Control Code (24-227). The amendments to Sections 24-165, 24-166 and 24-227 made by LL 153 give respondents an opportunity to avoid paying a civil penalty for a first violation of these sections if they admit liability and provide a certification that demonstrates that they have cured the violation within a forty-five day time period.

 

LL 153 requires the Commissioner of the DEP to promulgate rules that prescribe the information and documentation needed for a respondent to certify that he or she has permanently corrected a violation issued under Section 24-165, 24-166 or 24-227. A certification of compliance is necessary for the Commissioner to recommend that no monetary penalty be imposed for a first violation of these sections.

 

Consistent with the above, DEP promulgates the following new rule, to be found at 15 RCNY Chapter 36.

 

This rule is authorized by Section 1043 of the Charter of the City of New York and sections 24-165(g), 24-166(c), and 24-227(d) of the Administrative Code.

Effective Date: 
Mon, 11/17/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, September 24, 2014
Proposed Rules Content: 

Local Law Number 153 (LL 153) for the year 2013 amended various sections of the Administrative Code of the City of New York, including two sections in the Air Pollution Control Code (24-165 and 24-166) and one section in the Noise Control Code (24-227). The amendments to Sections 24-165, 24-166 and 24-227 made by LL 153 give respondents an opportunity to avoid paying a civil penalty for a first violation of these sections if they admit liability and provide a certification that demonstrates that they have cured the violation within a forty-five day time period.

 

LL 153 requires the Commissioner of the DEP to promulgate rules that prescribe the information and documentation needed for a respondent to certify that he or she has permanently corrected a violation issued under Section 24-165, 24-166 or 24-227. A certification of compliance is necessary for the Commissioner to recommend that no monetary penalty be imposed for a first violation of these sections.

Subject: 

.

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

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Local Law Number 3 for the year 2014 amends Title 24 of the Administrative Code of the City of New York by adding a new Chapter 10 in relation to the creation of a voluntary master environmental hazard remediation technician registration program.  The law requires the Department of Environmental Protection (DEP) to establish a program that provides for the voluntary registration of persons as master environmental hazard remediation technicians.

 

This rulemaking sets forth the determination by the Commissioner of the DEP as to the fee for registration and renewal of registration, as provided for in section 24-1002(f) of the new law, as well as the forms needed to register for the program, as provided for in section 24-1002(d) of the new law.

 

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 35.

 

The Rule is authorized by Section 1043 of the Charter of the City of New York and section 24-1000 et seq. of the Administrative Code.

Effective Date: 
Wed, 09/24/2014

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

Agency:
Comment By: 
Wednesday, July 23, 2014
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law Number 3 for the year 2014 amends Title 24 of the Administrative Code of the City of New York by adding a new Chapter 10 in relation to the creation of a voluntary master environmental hazard remediation technician registration program. The law requires the Department of Environmental Protection (DEP) to establish a program that provides for the voluntary registration of persons as master environmental hazard remediation technicians. This rulemaking sets forth the determination by the Commissioner of the DEP as to the fee for registration and renewal of registration, as provided for in section 24-1002(f) of the new law, as well as the forms needed to register for the program, as provided for in section 24-1002(d) of the new law. Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 35. The Rule is authorized by Section 1043 of the Charter of the City of New York and section 24-1000 et seq. of the Administrative Code.

Subject: 

Voluntary Master Environmental Hazard Remediation Technician Registration Program.

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

Russ Pecunies

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

The New York City Department of Environmental Protection (“DEP” or “Department”) is adopting amendments to the rules “Governing and Restricting the Use and Supply of Water” (15 RCNY §20-01 et seq.), to reflect changes in technology and practice related to the installation, repair, and maintenance of water services and service connections, and to the selection, sizing, and use of water meters. The amendments also update rules for outdoor and indoor water use, and modernize the process for issuing permits to companies performing water meter testing or repairs.

 

These changes reflect Department efforts to reduce system leakage, incorporate the use of new technologies and products, update policies concerning outdoor water use, and eliminate outdated rules and specifications.  The amendments were developed partly in response to recommendations from oversight agencies, trade and professional organizations, and members of the public at large.

 

Subdivision (a) of Section 20-01 is amended to require a permit for water meter accuracy testing and repair prior to commencement of such testing and repair, and a permit for companies to perform water meter accuracy tests.  

 

Subdivision (a) of Section 20-02 is amended to clarify that one tax lot cannot supply water to another tax lot.

 

Subdivision (b) of Section 20-03 is amended to specify requirements for approving new internal water mains, and to require that a property with an internal water main have a water meter and backflow prevention device placed at or near the property line.

 

Subdivisions (e), (g), and (h) of Section 20-04 are amended, and subdivision (i) is repealed, to reference technical standards for backflow prevention designs, revise testing requirements for backflow prevention devices, match requirements for water hammer arresters and suction tanks with the New York City Plumbing Code, and eliminate the use of separation or section valves.

 

Subdivisions (a), (b), (d), (e), (i), (k), (l), and (r) of Section 20-05 are amended to clarify metering requirements, standards and permits for companies performing meter tests, and proper applications for certain meter technologies; update minimum meter equipment specifications and individual metering requirements for condominiums; and specify locations for Automatic Meter Reading equipment.

 

Subdivision (a) of Section 20-06 is amended to reflect recently enacted changes to the Plumbing Code (Local Law 54 of 2010) that ban the use of once-through water cooled equipment for all purposes except for ice makers producing no more than 500 pounds of ice per day.

 

Subdivision (a) of Section 20-08 is amended to specify performance standards for equipment used for sidewalk washing, and to eliminate the existing requirement that prohibits serving water in a restaurant unless a patron asks for it.  This requirement remains in Chapter 21 of the Rules, the Drought Emergency Rules.

 

Section 20-10, the Glossary, is amended by adding six new definitions and revising two definitions.

 

Finally, Figures 7, 7A, 7B, 8, 9, 9A, 10, 10A, and 11 through 17 are updated. New Figures 16A, 16B, 16C, 18, 19, 20, and 21 are added to clarify requirements for outdoor meter pit installations and meters installed in or adjacent to indoor pits.

Effective Date: 
Sat, 02/22/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

 

Section 1403(c) of the New York City Charter and Section 24-105 of the City Administrative Code authorize the commissioner to regulate and control the emission of harmful air pollutants into the open air.

 

Sections 24-109, 24-122, and 24-125 of the Administrative Code respectively authorize the commissioner

1)    To regulate and control emission sources other than those located in one or two family dwellings and motor vehicles by requiring a registration to be filed with the department; and

2)    To set forth general requirements for applications for work permits, certificates of operation, and renewal of certificates of operation; and provide standards for granting work permits.

 

Chapter 2 of title 15 provides performance standards and other engineering criteria for oil-burning boilers. The rules have not been revised since their original promulgation in 1970. Since then, technological advances in boiler design and fuels have rendered many of the current rules obsolete. Since the proposed changes to the existing rules are so extensive, the existing rules are being deleted entirely and replaced with new rules.

 

The final rules include the following important changes and additions:

 

  • Provisions are added that address natural gas boilers.
  • References to fuel oil grades #4 and #6 are removed, as relating to the use of such fuels in new boilers, as the installation of new boilers using those fuels is no longer permitted.
  • The current combustion efficiency requirements for carbon dioxide have been deleted, as modern combustion efficiency analyzers now measure oxygen instead.
  • The combustion efficiency requirement for oil-fired boilers is increased from 80 percent to 83 percent, and is established at 80 percent for natural gas-fired boilers.
  • A requirement has been added for annual boiler tune-ups and combustion efficiency tests conducted by a qualified combustion tester using a calibrated combustion analyzer. The test results must be submitted with the application to renew the certificate of operation.
  • The equipment approval process has been changed to allow professional engineers to certify equipment that is not on DEP’s Accepted Equipment list, provided the equipment meets required criteria. Additionally, equipment that is listed by Underwriters’ Laboratory, the Canadian Standards Association, or ETL is also acceptable.  Unlisted or custom equipment will require certification by a professional engineer.
  • Provisions that address condensing boilers are added.
  • Provisions to allow for variances are added.
  • Specific design requirements, such as heat release, combustion chamber, furnace volume, and oil handling, are deleted.
  • Chimney radial distances have been updated for new chimneys to conform to the requirements set forth in the Mechanical Code and Fuel Gas Code.

 

There are three changes in the Final Rule from the Proposed Rule which was published in November:

 

  • Clarified in section 2-01 that this rule is applicable to existing and currently installed boilers and water heaters.
  • Language has been amended in section 2-08 to clarify the maximum delivery rate of a burner.
  • Clarified that the requirements in sections 2-04(a)(2) and 2-11(c) are mandatory by changing the words “should” for “must”.

 

Effective Date: 
Mon, 02/17/2014

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, December 23, 2013
Proposed Rules Content: 

Statement of Basis and Purpose

The New York City Department of Environmental Protection (“DEP” or “Department”) proposes to amend the rules “Governing and Restricting the Use and Supply of Water” (15 RCNY §20-01 et seq.), to reflect changes in technology and practice related to the installation, repair, and maintenance of water services and service connections, and to the selection, sizing, and use of water meters. The proposed amendments also update rules for outdoor and indoor water use, and modernize the process for issuing permits to companies performing water meter testing or repairs.

These changes reflect Department efforts to reduce system leakage, incorporate the use of new technologies and products, update policies concerning outdoor water use, and eliminate outdated rules and specifications. The amendments were developed partly in response to recommendations from oversight agencies, trade and professional organizations, and members of the public at large.

Subdivision (a) of Section 20-01 is amended to require a permit for water meter accuracy testing and repair prior to commencement of such testing and repair, and a permit for companies to perform water meter accuracy tests.

Subdivision (a) of Section 20-02 is amended to clarify that one tax lot cannot supply water to another tax lot.

Subdivision (b) of Section 20-03 is amended to specify requirements for approving new internal water mains, and to require that a property with an internal water main have a water meter and backflow prevention device placed at or near the property line.

Subdivisions (e), (g), and (h) of Section 20-04 are amended, and subdivision (i) is repealed, to reference technical standards for backflow prevention designs, revise testing requirements for backflow prevention devices, match requirements for water hammer arresters and suction tanks with the New York City Plumbing Code, and eliminate the use of separation or section valves.

Subdivisions (a), (b), (d), (e), (i), (k), (l), and (r) of Section 20-05 are amended to clarify metering requirements, standards and permits for companies performing meter tests, and proper applications for certain meter technologies; update minimum meter equipment specifications and individual metering requirements for condominiums; and specify locations for Automatic Meter Reading equipment. Subdivision (a) of Section 20-06 is amended to reflect recently enacted changes to the Plumbing Code (Local Law 54 of 2010) that ban the use of once-through water cooled equipment for all purposes except for ice makers producing no more than 500 pounds of ice per day.

Subdivision (a) of Section 20-08 is amended to specify performance standards for equipment used for sidewalk washing, and to eliminate the existing requirement that prohibits serving water in a restaurant unless a patron asks for it. This requirement remains in Chapter 21 of the Rules, the Drought Emergency Rules.

Section 20-10, the Glossary, is amended by adding six new definitions and revising two definitions.

Finally, Figures 7, 7A, 7B, 8, 9, 9A, 10, 10A, and 11 through 17 are updated. New Figures 16A, 16B, 16C, 18, 19, 20, and 21 are added to clarify requirements for outdoor meter pit installations and meters installed in or adjacent to indoor pits.

Material being deleted is shown below in [brackets] and material being added is underlined.

Subject: 

A Rule Governing and Restricting the Use and Supply of Water.

Location: 
DEP 6th Floor Hearing Room
59-17 Junction Boulevard 6th Floor
Flushing, NY 11373
Contact: 

Russell Pecunies
russellp@dep.nyc.gov

Download Copy of Proposed Rule (.pdf): 

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

Agency:
Comment By: 
Friday, December 20, 2013
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

Section 1403(c) of the New York City Charter and Section 24-105 of the City Administrative Code authorize the commissioner to regulate and control the emission of harmful air pollutants into the open air.

 

Sections 24-109, 24-122, and 24-125 of the Administrative Code respectively authorize the commissioner

1)    To regulate and control emission sources other than those located in one or two family dwellings and motor vehicles by requiring a registration to be filed with the department; and

2)    Set forth general requirements for applications for work permits, certificates of operation, and renewal of certificates of operation; and provide standards for granting work permits.

 

Chapter 2 of title 15 provides performance standards and other engineering criteria for oil-burning boilers. The rules have not been revised since their original promulgation in 1970. Since then, technological advances in boiler design and fuels have rendered many of the current rules obsolete. Since the proposed changes to the existing rules are so extensive, the existing rules are being deleted entirety and replaced with new rules.

 

The new rules include the following important changes and additions: 

·       Provisions are added that address natural gas boilers.

·      References to fuel oil grades #4 and #6 are removed, as relating to the use of such fuels in new boilers, as the installation of new boilers using those fuels is no longer permitted.

·       The current combustion efficiency requirements for carbon dioxide have been deleted, as modern combustion efficiency analyzers now measure oxygen instead.

·       The combustion efficiency requirement for oil-fired boilers is increased from 80 per cent to 83 per cent, and is established at 80 per cent for natural gas-fired boilers.

·        A requirement has been added for annual boiler tune-ups and combustion efficiency tests conducted by a qualified combustion tester using a calibrated combustion analyzer. The test results must be submitted with the application to renew the certificate of operation.

·       The equipment approval process has been changed to allow professional engineers to certify equipment that is not on DEP’s Accepted Equipment list, provided the equipment meets required criteria. Additionally, equipment that is listed by Underwriters’ Laboratory, the Canadian Standards Association, or ETL is also acceptable.  Unlisted or custom equipment will require certification by a professional engineer.

·       Provisions that address condensing boilers are added.

·       Provisions to allow for variances are added.

·       Specific design requirements, such as heat release, combustion chamber, furnace volume, and oil handling, are deleted.

·       Chimney radial distances have been updated for new chimneys to conform to the requirements set forth in the Mechanical Code and Fuel Gas Code. 

 

Subject: 

Engineering Criteria for Fossil Fuel Burning Boilers & Water Heaters

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

Alyssa Preston
apreston@dep.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rule

 

Section 1403(c) of the New York City Charter and Section 24-105 of the Administrative Code authorize the Commissioner to regulate and control the emission of harmful air pollutants into the open air.

 

Dry cleaners use chemicals, including those that may be hazardous. Existing Department of Environmental Protection (DEP) rules set forth the primary permits and other compliance requirements for existing and new dry cleaners. DEP currently requires dry cleaners to post a notice that informs the public of the use of the chemical perchloroethylene (perc) in the dry cleaning process.

 

The rule requires an additional notice for perc that would inform the public how to access

 

Material Safety Data Sheets from DEP’s website. These Material Safety Data Sheets provide more detailed information about the chemicals used in dry cleaning. In addition, the rule requires that the notice include the dry cleaner’s DEP permit number.

 

The rule also requires dry cleaners that use chemicals other than perc to post a notice that would identify the primary non-perc chemical used. Recently, dry cleaners have been promoting the use of non-perc solvents as environmentally green solvents, but customers typically are not informed about what chemical the dry cleaner uses. The notice must also contain the information about the Material Safety Data Sheets and the dry cleaner’s DEP permit number.

 

After receiving public comments, the requirement to post that the public can call 311 to report chemical odors or leaks was removed. A Department of Consumer Affairs Posting Notice at dry cleaners provides the 311 number, as well as a State Department of Environmental Conservation odor complaint phone number.

 

The new notices, which must be posted where they can be easily seen, will keep the public informed of perc and the primary non-perc chemical used in the dry cleaning process. A dry cleaner that uses both perc and non-perc chemicals would have to post separate notices informing the public about the use of perc and the primary non-perc chemical.

 

 

Effective Date: 
Tue, 02/11/2014

Pages