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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Section 24-705 of the Ad Code provides that DEP “by regulation shall develop a facility inventory form” which is to be filed annually with DEP by facilities in accordance with Ad Code section 24-706 in order to report the presence of certain hazardous substances in facilities.

DEP complied with section 24-705 by promulgating an FIF as Appendix A to the Community Right-to-Know Rules, which are found at Title 15, Chapter 41 of the Rules of the City of New York. However, the FIF which currently appears in Appendix A has not been revised since 1990.

The current FIF needs to be updated for two reasons: First, the United States Environmental Protection Agency (EPA) has amended its hazardous chemical reporting regulations (40 CFR Part 370) to implement the Emergency Planning and Community Right-to-Know Act (EPCRA), as a result of changes to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). Following EPCRA, to incorporate the adoption of the OSHA HCS in 40 CFR Part 370, the U.S. EPA is replacing the existing five federal hazard categories for list reporting (Section 311) and annual inventory reporting (Section 312) with 24 new physical and health hazard categories. Since the FIF must reflect EPA’s reporting requirements, it must be changed to accommodate these new categories.

Second, Local Law Number 143 for the year 2013 amended Title 24 of the Ad Code by requiring the department to promulgate rules amending the FIF to include (1) any applicable special flood hazard area zone, as established by the Building Code, and Office of Emergency Management coastal storm and hurricane evacuation zone; (2) a certification that hazardous substance storage is in compliance with department rules and all other applicable federal, state, and local laws, rules and regulations; and (3) a description of how such storage takes into account potential flooding and other extreme weather events.

This rule also makes technical corrections to 15 RCNY §§ 41-03 (definitions), 41-05(a) and 41-12(b) (1).

DEP received one comment regarding the rule. In response to this comment, the words “and used” have been added after the word “stored” in the certification language at the end of the form.

DEP’s authority for this rule is found in New York City Charter section 1043 and Section 24-705 of the New York City Administrative Code.

Effective Date: 
Fri, 03/08/2019

Proposed Rules: Closed to Comments

Comment By: 
Wednesday, January 16, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Environmental Protection (DEP) DEP is adopting a new rule, adding a new Chapter 54 of Title 15 of the Rules of the City of New York (RCNY), to govern the siting and storage of hazardous substances stored in portable containers. The proposed rule is authorized by section 1043 of the Charter of the City of New York and section 24-716(b) of the Administrative Code.
The addition of this new rule requires a change to the existing Community Right-to-Know Penalty Schedule, in order to add penalties for 15 RCNY section 41-14 as specified in section 24-713(d) of the Administrative Code.
The current Community Right-to-Know Law Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-104, will be repealed by OATH on the same day that this proposed rule takes effect.
The penalty schedule will be moved from OATH Environmental Control Board (ECB) to DEP’s rules. Although OATH Environmental Control Board (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 violations 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 DEP’s rules will also make it easier for the public to find the penalties.
Finally, the proposed rule relocation 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 will 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. The proposed repeal of 48 RCNY §3-104 was identified as meeting the criteria for this initiative.
DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and Section 24-713 of the New York City Administrative Code.


Promulgation of Right to Know Penalty Schedule

DEP 19th Floor Fishbowl Conference Room
59-17 Junction Blvd. 19 Floor
Flsuhing, NY 11373

No contact

Download Copy of Proposed Rule (.pdf):