OATH ECB Proposed Repeal of the Air Asbestos Penalty Schedule

Proposed Rules: Closed to Comments

Comment By: 
Tuesday, August 7, 2018

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is proposing to repeal its Air Asbestos Penalty Schedule rule. This schedule is currently found in § 3-101 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and it contains penalties for violations of provisions in Chapter 1 of Title 15 of the Rules of the City of New York, Title 24 of the Administrative Code, and Part 56 of Title 12 of the New York Codes, Rules and Regulations. At the same time, the Department of Environmental Protection (DEP) is proposing a similar penalty schedule in Chapter 51 of Title 15 of the Rules of the City of New York.

The context for this proposed repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having rulemaking and policymaking jurisdiction over the laws underlying the violations.


Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule to the enforcement agency’s rules 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 repeal will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.

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 could 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. This proposed rule repeal was identified as meeting the criteria for this initiative.

Public Hearing

OATH ECB Proposed Repeal of the Air Asbestos Penalty Schedule

Public Hearing Date: 
Tuesday, August 7, 2018 -
11:00am to 12:00pm

OATH Rules, (212) 436-0708

10th Floor Conference Room
66 John Street 10th Floor
New York, NY 10038