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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Proposed Rule

On May 11, 2016, Chapter 43 of Title 15 of the Rules of the City of New York, establishing a penalty schedule for violations of the Air Code, took effect. It has since been discovered that there is an error in the penalty schedule.

Administrative Code Section 24-169, which prohibits the use, purchase, sale, offer, storage or transport of fuel with excess sulfur content, is listed in the penalty schedule with the incorrect subdivision. The schedule should include § 24-169(a) and § 24-169(b) but not § 24-169(c), which is not a charging section. The amounts of the penalties are set forth correctly, and remain unchanged.

Consistent with the above, DEP promulgates the following amendment, to be found at 15 RCNY Chapter 43.

Effective Date: 
Thu, 06/08/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 28, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

On August 7, 2016, OATH made changes to its rules, which are found at Title 48 of the Rules of the City of New York (RCNY). OATH has repealed the Air Code and Noise Code Penalty Schedules from its rules and these penalty schedules have been promulgated by DEP as 15 RCNY 43-01 et seq. (Air) and 15 RCNY 47-01 et seq. (Noise). When DEP promulgated these penalty schedules in its rules, outdated references to sections of OATH’s rules were carried over. The proposed rules replace these outdated references.

Consistent with the above, DEP promulgates the following amendments, to be found at 15 RCNY Chapters 43 and 47.

Subject: 

.

Location: 
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 26, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

On May 11, 2016, Chapter 43 of Title 15 of the Rules of the City of New York, establishing a penalty schedule for violations of the Air Code, took effect. It has since been discovered that there is an error in the penalty schedule.

Administrative Code Section 24-169, which prohibits the use, purchase, sale, offer, storage or transport of fuel with excess sulfur content, is listed in the penalty schedule with the incorrect subdivision. The schedule should include § 24-169(a) and § 24-169(b) but not § 24-169(c), which is not a charging section. The amounts of the penalties are set forth correctly, and remain unchanged.

Subject: 

DEP Amendments to the Penalty Schedule for Violations of the Air Code

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

No contact

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 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

Adopted Rules: Closed to Comments

Adopted 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.

Effective Date: 
Wed, 05/11/2016

Adopted Rules: Closed to Comments

Adopted 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 (the “Air Code”), was repealed by Local Law 38 of 2015, which has an effective date of May 6, 2016. This rule establishes fees to replace the repealed subchapter. The new fee schedule retains the existing fees and establishes fees for previously unregulated equipment that are regulated under the revised Air Code. These sources include char broilers, which require a registration, and cogeneration systems, which 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 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 are replaced by fees set forth in the rule. The amounts of the existing fees are unchanged.

Effective Date: 
Fri, 05/06/2016

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):