Adoption of Technical Amendments to the Air Pollution Control Code

Adopted Rules: Closed to Comments

Effective Date: 
Friday, October 14, 2016

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 These amendments to the Administrative Code have superseded the requirements relating to emergency generators found in Chapter 40 of Title 15 of the Rules of the City of New York, and, along with existing requirement of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 Accordingly, Chapter 40 of Title 15 is repealed.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.