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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

This rule defines the method that must be used in performing a smoke test or stack test for generators with an output of 40 kilowatts or more.

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York. It defines required procedures that a professional engineer (P.E.) or registered architect (R.A.) must follow in order to certify that any generator with an output of 40 kilowatts or more has passed a stack test. This rule only sets forth the test method that a P.E. or R.A. shall follow if a Method 9, “Visual determination of the opacity of emissions from stationary sources” test is not used to meet the requirements set forth in Section 24-109(c)(2)(i).

Section 24-109(c)(2)(i) specifically requires the Department to establish by rule a method for the stack test that generators must pass before registration of the generator that may be used instead of conducting a Method 9 test. This rule also meets the requirement set forth in section 24-125(a) that requires the Department to issue a rule that establishes criteria that must be met prior to a work permit being granted for any equipment, including a generator.

DEP has clarified the requirements and standards required in this rule based on comments received at the hearing and in writing. Comments that were submitted that pertained to Code requirements, including but not limited to what types of generators need to obtain a registration or work permit and certificate of operation, are not addressed by this rule as these requirements have already been affirmatively provided for in the Air Pollution Control Code.

The Rule is authorized by Section 1043 of the Charter and section 24-105 24-109(c)(2)(i), and 24-125(a)(1) of the Administrative Code.

Effective Date: 
Wed, 01/04/2017

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Tuesday, January 3, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The Fire Code regulates the manufacturing, storage, handling, use and transportation of hazardous materials in New York City, including fuel oil, a combustible liquid.

 

Currently, Section 3405-01 of the Fire Department’s rules (Title 3 of the Rules of the City of New York) allows mobile heating and power generating trailers to operate with a citywide permit, and sets forth permit, supervision, and design and installation requirements. The rule was originally developed in response to the use of these trailers to serve buildings whose heating or electrical systems were undergoing major repairs or replacement and were taken out of service.  The trailers are typically parked on the street and connected to building utilities by piping or electrical lines.

 

Permitting of Mobile Trailers for Outdoor Gatherings

 

When the current rule was promulgated, the Fire Department did not envision that these trailers would be used at public gatherings like street fairs and festivals near large numbers of people, cooking operations, and other activities where their presence may potentially pose a danger to others. In response to this unanticipated use of these trailers, the Fire Department is proposing to amend the rule to clarify when the citywide permit may be used and what it authorizes, and to specifically provide that a site-specific permit, different from the one used for building heating and electrical systems, is required for mobile heating and power generating trailers used at street fairs, bazaars, carnivals, concerts, festivals, and similar outdoor gatherings.

 

Additional Capacity Permitted

 

The Fire Department additionally proposes to amend the rule to increase from 550 gallons to 1200 gallons the fuel oil storage capacity permitted on mobile heating and power generating trailers.  Trailers with 1200-gallon tanks have become the industry standard; use of such trailers has been allowed by the Fire Department by modification (variance) without incident.  Although the rule would allow the on-site storage of a substantial additional amount of fuel, the risk of fire and fuel spills is greatest when the tanks are being filled.  During peak usage, when the equipment is in constant operation, a 550 gallon tank may need to be refueled daily.  The larger tank reduces the need for frequent fueling and therefore reduces the risk of fire or spills.  Accordingly, the Fire Department has concluded that 1200-gallon capacity trailers should be allowed, eliminating the need for special applications and additional fees to obtain permission to use larger tanks.

 

Elimination of Certificate of Fitness Requirement For Most Uses

 

The Fire Department further proposes to amend the rule to provide that mobile heating and power-generating trailers only need to be supervised when connected to a high-pressure boiler.  Personal supervision of most residential heating systems is no longer required by the New York City Department of Buildings (DOB) now that use of #6 fuel oil has been virtually eliminated for environmental reasons and replaced by fuels that do not require pre-heating.  Personal supervision by a DOB-licensed operating engineer continues to be required by DOB for high-pressure boilers.  Accordingly, under this proposal, the requirement of a certificate of fitness would be eliminated where no high-pressure boiler is involved.

 

Rule Clarifications

 

The proposed rule includes two clarifications.  First, the section would be amended to make clear that it applies only to mobile heating and power generating trailers with storage for more than 10 gallons of combustible liquid fuel on the trailer or in the equipment mounted thereon, which  require a permit as set forth in FC105.6 .

 

Second, the scope of the rule would be amended to clarify that a mobile trailer with heating and power generating equipment that stores 10 gallons or less of combustible liquid fuel (or no fuel) in or upon the trailer, but is fueled by an off-vehicle temporary tank, is subject to the permit requirement applicable to combustible liquid fuel storage in the tank (also set forth in FC105.6), rather than the permit requirement applicable to mobile trailers.

 

To summarize, the proposed rule:

 

1.    Clarifies the authorization granted to operate mobile trailers under a citywide permit and makes clear that use at a street fair requires a site-specific permit to address the fire safety concerns associated with operation at such an event;

 

2.    Allows larger (1200-gallon) tanks to be installed on such mobile trailers instead of the current 550 gallon tanks;

 

3.    Eliminates the supervision requirement except for use of such mobile trailers in connection with high-pressure boilers;

 

4.    Clarifies that the rule applies only to mobile heating and power generating trailers that require a permit – that is, trailers with storage for more than 10 gallons of combustible liquid fuel on the trailer or in the equipment mounted thereon; and

 

5.    Clarifies that a mobile trailer with heating and power generating equipment that stores 10 gallons or less of combustible liquid fuel (or no fuel) in or upon the trailer, but is fueled by an off-vehicle temporary tank, is subject to the permit requirement applicable to combustible liquid fuel storage in the tank, not the permit requirement applicable to mobile trailers.

 

Working with the City’s rulemaking agencies, the Law Department, and the Office of Management and Budget, the 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. Portions of this proposed rule amendment were identified through this initiative.

 

Text that has been deleted is indicated by [brackets].  Text that has been added is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

Guidance with respect to the interpretation of the Fire Code and Fire Department rules may be obtained using the Public Inquiry Form on the Fire Department’s website,http://www1.nyc.gov/site/fdny/about/resources/code-and-rules/nyc-fire-code.page.

 

Subject: 

Storage and Use of Fuel Oil on Mobile Trailers for Heating and Power Generation

Location: 
Fire Department Auditorium
9 MetroTech Center
Brooklyn, NY 11201
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, November 16, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule This rule defines the method that must be used in performing a smoke test or stack test for generators with an output of 40 kilowatts or more. Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York. It defines required procedures that a professional engineer (P.E.) or registered architect (R.A.) must follow in order to certify that any generator with an output of 40 kilowatts or more has passed a stack test. This rule only sets forth the test method that a P.E. or R.A. shall follow if a Method 9, “Visual determination of the opacity of emissions from stationary sources” test is not used to meet the requirements set forth in Section 24-109(c)(2)(i). Section 24-109(c)(2)(i) specifically requires the Department to establish by rule a method for the stack test that generators must pass before registration of the generator that may be used instead of conducting a Method 9 test. This rule also meets the requirement set forth in section 24-125(a) that requires the Department to issue a rule that establishes criteria that must be met prior to a work permit being granted for any equipment, including a generator. DEP has clarified the requirements and standards required in this rule based on comments received at the hearing and in writing. Comments that were submitted that pertained to Code requirements, including but not limited to what types of generators need to obtain a registration or work permit and certificate of operation, are not addressed by this rule as these requirements have already been affirmatively provided for in the Air Pollution Control Code. The Rule is authorized by Section 1043 of the Charter and section 24-105 24-109(c)(2)(i), and 24-125(a)(1) of the Administrative Code.

Subject: 

Measurement of Stack Emissions of Certain Generators

Location: 
NYC DEP 9th Floor Conference Room
59-17 Junction Boulevard 9th Floor Conference Room
Flushing, NY 11373
Contact: 

Russell Pecunies

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Wednesday, August 10, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

This rule defines the method that must be used in performing a smoke test or stack test for generators with an output of 40 kilowatts or more.

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York. It defines required procedures that a professional engineer or registered architect must follow in order to certify that any generator with an output of 40 kilowatts or more has passed a stack test or smoke test.

Section 24-109(c)(2)(i) specifically requires the Department to establish by rule a method for the stack test that generators must pass before registration of the generator. Section 24-125(a) requires the Department to issue a rule that establishes criteria that must be met prior to a work permit being granted for any equipment, including a generator.

The Rule is authorized by Section 1043 of the Charter and section 24-105 24-109(c)(2)(i), and 24-125(a)(1) of the Administrative Code.

Subject: 

Measurement of Stack Emissions of Certain Generators

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9 Floor
Flushing, NY 11373
Contact: 

Alyssa Preston

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

Businesses in New York City are required to recycle in accordance with the Department of Sanitation’s commercial recycling rules promulgated pursuant to Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code. Private carters, which collect and dispose of putrescible and non-putrescible waste from commercial waste generators, must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

These rules revise the City’s current commercial recycling rules to simplify the requirements, and make them easier for businesses to understand.  Currently, not all businesses are required to recycle the same materials.  Eliminating the distinction and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for the business community.  In addition, allowing all designated recyclable materials including metal, glass, plastic, paper and cardboard to be placed in the same bag or bin by the business generator (“single stream recycling”) and prohibiting private carters from placing any source separated recyclables material with refuse in the same compartment of a waste hauling truck, will help make commercial recycling easier and can significantly increase the diversion of recyclables.

 

These rules:

 

·       Amend §1-01 by adding, amending and removing relevant definitions;

·       Make technical amendments to §1-02 (collection service), §1-08 (residential recycling) and §1-09 (agency and institutional recycling); 

·       Designate a standard set of recyclable materials that all businesses that receive private-carter collection are required to recycle, including but not limited to, metal, glass, plastic, paper and cardboard, consistent with the requirements for New York City residents;

·       Prohibit the commingling of any designated recyclable materials with solid waste;

·       Allow private carters, in addition to separate pick-up of designated recyclable materials, to utilize single stream collection and recycling or the co-collection of recyclables;

·       Require any generator of private carter collected waste to post a sign identifying: 1) its private carter(s); 2) by type, each designated recyclable material that will be collected by each private carter, and; 3) if such private carter will be utilizing single stream collection and recycling or co-collection of recyclables;

·       Provide implementation and notice requirements for owners, net lessees, or persons-in-charge who arrange for private carter collection, and set forth recycling requirements for their tenants and occupants;

·       Set forth responsibilities of operators of non-putrescible and putrescible solid waste transfer stations; and

·       Provide for the enforcement of such rules in accordance with the New York City Administrative Code.

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-306 of the New York City Administrative Code.

Effective Date: 
Mon, 08/01/2016

Proposed Rules: Closed to Comments (View Public Comments Received:5)

Agency:
Comment By: 
Thursday, October 22, 2015
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

 

 

Businesses in New York City are required to recycle in accordance with the Department of Sanitation’s commercial recycling rules promulgated pursuant to Local Law No. 87 of 1992, which amended §16-306 of the Administrative Code. Private carters, which collect and dispose of putrescible and non-putrescible waste from commercial waste generators in New York City, must recycle designated recyclable materials, including paper, cardboard, metal, glass and plastic.

 

 

 

The proposed rules would revise the City’s current commercial recycling rules to simplify the requirements, which would make them more understandable for businesses and easier to follow.  Currently, certain types of businesses are required to recycle different materials than other types of businesses.  Eliminating the distinction between businesses types and applying the same rules for all businesses will facilitate greater recycling participation and make recycling easier for businesses.  In addition, allowing single stream collection and recycling (when all designated recyclable metal, glass, plastic and paper are placed in the same bags or bins by a business), and co-collection of recyclables (when all designated recyclable metal, glass and plastic is source separated from designated paper by the business, but a private carter places the source separated materials into the same compartment of a waste hauling truck), will help make commercial recycling easier to manage and can significantly increase diversion of recyclables from landfills. 

 

 

 

The proposed rules:

 

 

 

·       Amend §1-01 by adding, amending and removing relevant definitions;

 

·       Make technical amendments to §1-02 (collection service), §1-08 (residential recycling) and §1-09 (agency and institutional recycling); 

 

·       Designate a number of recyclable materials, including, but not limited to, metal, glass, plastic,  and paper, to the list of items that businesses that receive private-carter collection are required to recycle;

 

·       Prohibit the commingling of any designated recyclable materials with solid waste;

 

·       Allow private carters, in addition to separate pick-up of designated recyclable materials, to utilize single stream collection and recycling or the co-collection of recyclables;

 

·       Require any generator of private carter collected waste to post a sign identifying: 1) its private carter(s); 2) by type, each designated recyclable material that will be collected by each private carter, and; 3) if such private carter will be utilizing single stream collection and recycling or co-collection of recyclables;

 

·       Provide implementation and notice requirements for owners, net lessees, or persons-in-charge who arrange for private carter collection, and set forth recycling requirements for their tenants and occupants;

 

·       Set forth responsibilities of operators of non-putrescible and putrescible solid waste transfer stations; and

 

·       Provide for the enforcement of such rules in accordance with the New York City Administrative Code.

 

 

 

 

 

 

 

 

 

DSNY’s authority for these rules is found in sections 753 and 1043(a) of the New York City Charter and section 16-306 of the New York City Administrative Code.

 

 

Subject: 

Source Separation and Recycling Requirements for Entities that Receive Private Carter Collection

Location: 
DSNY Headquarters
125 Worth Street 2nd Floor Auditorium
New York, NY 10013
Contact: 

Madelynn Liguori, Associate Counsel, (646) 885-4786