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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 7, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing new rules, to be found at Title 15 of the Rules of the City of New York (“RCNY”) Chapter 43, to establish penalties for violations of Title 24, Chapter 1 of the New York City Administrative Code, also known as the Air Pollution Control Code (“Air Code”), as amended by Local Law 38 of 2015 (“LL 38”). The proposed rules are authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-178 of the Administrative Code.
LL 38, which takes effect on May 6, 2016, amends Title 24 of the Administrative Code by adding a new Table of Civil Penalties, replacing the existing table, which is found in Section 24-178(b)(5)(i), and simplifies the existing table by establishing four categories of violations, with minimum penalties of $200, $400, $800 and $1600, respectively. The existing table has a wider range of penalties and requires frequent references to accompanying schedules that have been eliminated from the new table.

The existing Air Code Penalty Schedule is incorporated into the rules of the Office of Administrative Trials and Hearings/Environmental Control Board (“OATH/ECB”) published at 48 RCNY 3-102. Because the penalties in the existing Air Code Penalty Schedule do not, in many cases, fall within the range of penalties established by LL 38, a new Air Code Penalty Schedule is being proposed. The new penalty schedule would take effect on May 6, 2016, the same date as LL 38 becomes effective. It would apply as provided by proposed rules of OATH/ECB, which would also repeal the existing penalty schedule, effective the same day.

Keywords:
Subject: 

Air Code Penalty Proposed Rule

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

Russell Pecunies

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, March 21, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule Subchapter 5 of Chapter 1 of Title 24 of the Administrative Code, which set forth fees to be imposed under the Air Pollution Control Code, was repealed by Local Law 38 of 2015, which has an effective date of May 6, 2016. The proposed rule establishes fees to replace the repealed subchapter. The new fee schedule retains the existing fees and establishes fees for previously unregulated equipment that will be regulated under the revised Air Code. These sources include char broilers, which will require a registration, and cogeneration systems, which will require a certificate of operation. The new fee schedule also reflects the changes that have been made in the revised Air Code to reflect more accurate units of measurement for various types of equipment, such as kilowatts for generators and horsepower for engines. The current code uses British Thermal Units (btu) as the unit of measurement for all types of fuel burning equipment. The revised Air Code clarifies that the output of some types of equipment is more accurately measured by horsepower (HP) or kilowatts (KW) and the new fee schedule reflects this. The use of this more accurate terminology does not affect the fees imposed. The revised fee schedule also reflects the change that has been made in the Air Code, which increases the threshold for boiler and engine registrations from 2.8 million Btu per hour to 4.2 million Btu per hour. By increasing the threshold, more boiler applications can be filed through the registration process, which is available for on-line filing. Finally, the asbestos fees, which are set forth in Subchapter 6 of the current Air Code, were also repealed by Local Law 38 and will be replaced by fees set forth in the proposed Rule. The amounts of the existing fees will not be changed.

Subject: 

Hearing to Establish Fees Under the Air Pollution Control Code.

Location: 
NYC DEP
59-17 Junction Blvd. 9 Floor Conference Rm.
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 Proposed Rule Section 1403(c) of the New York City Charter and Section 24-105 of the New York City Administrative Code authorize the Commissioner of Environmental Protection to regulate and control the emission of harmful air pollutants into the open air. Section 24-146.1(d)(1) of the Administrative Code authorizes the Commissioner to make rules establishing criteria for certifying individuals to receive an asbestos handling certificate and for certifying programs as approved safety and health programs. The Commissioner may restrict the asbestos handling certificate as to certain functions and responsibilities. Section 24-163.1(d)(2) authorizes the Commissioner to make rules establishing criteria for certifying individuals as asbestos investigators. The amendments codify the existing practices of the Asbestos Control Program. The New York State-approved training courses for asbestos handler supervisors and asbestos investigators are administered only in English, so the DEP examination for these certificates is also given only in English. Asbestos handler supervisors need to speak and understand English to ensure that there is someone at the work site who can communicate with a DEP inspector. Asbestos investigators must speak English to perform their responsibilities, which includes communicating with DEP inspectors at office and field audits. The amendments to the Adjudications chapter provide that translation services will be made available for all hearings held under that chapter except for those related to the possible suspension or revocation of asbestos handler supervisor and asbestos investigator certificates. As holders of those certificates must pass a training course and a certification exam in English, it will not be necessary to provide translation services for those hearings. Subdivision (e) of Section 32-01 of Chapter 32 of Title 15 of the Rules of the City of New York has been repealed because Local Law 38 of 2015 includes the repeal of Administrative Code § 24-133 (from the Air Pollution Control Code).

Effective Date: 
Mon, 09/28/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 20, 2015
Proposed Rules Content: 

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

 

Section 24-146.1(d)(1) of the Administrative Code authorizes the Commissioner to make rules establishing criteria for certifying individuals to receive an asbestos handling certificate and for certifying programs as approved safety and health programs. The commissioner may restrict the asbestos handling certificate as to certain functions and responsibilities. Section 24-163.1(d)(2) authorizes the Commissioner to make rules establishing criteria for certifying individuals as asbestos investigators.

 

The proposed changes would codify the existing practices of the Asbestos Control Program. The New York State-approved training courses for asbestos handler supervisors and asbestos investigators are administered only in English, so the DEP examination for these certificates is also given only in English. Asbestos handler supervisors need to speak and understand English to ensure that there is someone at the work site who can communicate with a DEP inspector. Asbestos investigators must speak English to perform their responsibilities, which includes communicating with DEP inspectors at office and field audits.

 

The proposed changes to the Adjudications chapter would provide that translation services will be made available for all hearings held under that chapter except for those related to the possible suspension or revocation of asbestos handler supervisor and asbestos investigator certificates. As holders of those certificates must pass a training course and a certification exam in English, it would not be necessary to provide translation services for those hearings.Subdivision (e) of Section 32-01 of Chapter 32 of Title 15 of the Rules of the City of New York would be repealed because Local Law 38 of 2015 includes the repeal of Administrative Code § 24-133 (from the Air Pollution Control Code).

Subject: 

DEP Rule to Establish standards and requirements concerning Asbestos Handler Supervisor Certificates

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8 Floor
Flushing, NY 11368
Contact: 

Russell Pecunies

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)      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.

 

 

 

 

Effective Date: 
Thu, 01/15/2015

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

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