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Department of Environmental Protection
Codified Title: 
Title 15: Department of Environmental Protection

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, October 25, 2017
Proposed Rules Content: 

Statement of Basis and Purpose

The proposed amendments to Title 15 RCNY Chapter 19 (“Chapter 19”) are intended to add more clarity and specificity to the existing agency regulations in order to avoid confusion, and promote higher rates of compliance.

In addition, section 24-520.1 of the Administrative Code of the City of New York authorizes the Commissioner to regulate non-stormwater discharges into separate storm sewers. Specifically, DEP is authorized to establish “allowable runoff” through rules that are consistent with the City’s State Pollutant Discharge Elimination System (SPDES) Municipal Separate Storm Sewer System (MS4) permit and the proper maintenance and purpose of storm sewers.

Accordingly, the proposed amendments are intended to add more clarity and specificity to the existing agency regulations in order to comply with the City’s Municipal Separate Storm Sewer System (MS4) permit, issued by the New York State Department of Environmental Conservation on August 1, 2015 pursuant to the federal Clean Water Act. The MS4 Permit requires the City to reduce pollutants in stormwater runoff that discharge to the local waterbodies.

Specifically, the proposed amendments clarify that only stormwater and allowable runoff may enter a storm sewer, catch basin or manhole without written approval.

The proposed amendments add §19-13 to allow for and delineate an appeals process for Commissioner’s Orders issued pursuant to sections 24-581 or 24-524(a) of the New York City Administrative Code.

The proposed amendments would make Chapter 19 clearer as well as more detailed and comprehensive, in order to make it easier for the regulated community to determine what needs to be done to attain compliance.

Subject: 

Regulation of Discharges into Storm Sewers and Catch Basins

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

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Wednesday, September 27, 2017
Proposed Rules Content: 

Statement of Basis & Purpose
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 should be repealed or modified to reduce regulatory burdens, increase equity, support small business, and simplify and update content to help promote public understanding and compliance. In light of this retrospective rules review, the Department of Environmental Protection is making several changes to its community right-to-know regulations to make them more readily understandable to the public.

Subject: 

Amendment of Right to Know Rules

Location: 
NYC DEP 10th Floor Conference Room
59-17 Junction Blvd. 10th Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule
In 2012, the Department signed a Consent Order modifying a 2005 New York State Department of Environmental Conservation Consent Order (DEC Case No CO2-20000107-8, as modified) to reduce combined sewer overflows (“CSOs”) and committed to construct and implement green stormwater management practices (also known as “green infrastructure”) that are part of a broader green/grey strategy (i.e., also employing “grey infrastructure,” which includes CSO storage facilities and other engineered projects) to improve water quality in local waterways. Specifically, the Department is required to manage one (1) inch of rainfall on ten percent (10%) of the impervious surfaces within combined sewer areas by 2030 using green infrastructure. The Department established its Office of Green Infrastructure to implement the Green Infrastructure Grant Program (“Program”) and launched the Program in order to partner with stakeholders and community groups in the construction and maintenance of green infrastructure. The Program provides funding to private property owners for the design and construction of qualified green infrastructure practices. Grants under this Program are available to owners of property located within the five (5) boroughs of the City of New York whose property and proposals meet the criteria set forth by the Department.
The Department received a comment from an environmental organization urging that a number of changes be made to the rule, including the deletion of the requirement that the final contract plans be certified by a professional, and other changes which, in the commenter’s view, would hinder the effectiveness of the Program. After due consideration of this comment, the Department has decided to finalize the rule without change.
This rulemaking sets forth the determination by the Commissioner of the Department as to the requirements for eligible projects and grant applicants, the application process, compliance and administration and funding requirements under the Program. The Department is therefore promulgating the following new rule, to be found at 15 RCNY Chapter 48.
The Rule is authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.

Effective Date: 
Mon, 06/12/2017

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

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.

Effective Date: 
Thu, 06/08/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by adding a new Section 24-149.5, which provides that cook stoves used at food service establishments shall be equipped with an emission control device for odors, smoke and particulates that meets the requirements of rules established by the department.

DEP promulgates these rules, as required by Section 24-149.5, with the goal of reducing particulate matter released into the environment, which is a known cause of asthma and other respiratory complications. In accordance with Section 24-105 of the Administrative Code, an advisory committee has been consulted in the development of these rules, which includes representatives from the restaurant and related industries, representatives of the environmental protection and environmental justice communities, and persons with expertise in the health effects of pollutants associated with cooking devices.

Newly installed cook stoves must comply with this rule as soon as it takes effect. Existing cook stoves (those installed before May 6, 2016) do not have to install emission control devices until January 1, 2020.

This rulemaking sets forth DEP’s determination as to emission controls that must be used to comply with section 24-149.5.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 38.

The Rule is authorized by Section 1043 of the Charter of the City of New York and section 24-105 and 24-149.5 of the Administrative Code.

Effective Date: 
Wed, 05/24/2017

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
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 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. DEP adopts various plain language changes in various chapters to help make them easier to read and understand.
DEP’s authority for these rules is found in Section 1043(a) of the City Charter and sections 24-105, 24-204, and 24-611 of the City Administrative Code.

Effective Date: 
Fri, 04/14/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 12, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by adding a new Section 24-149.5, which provides that cook stoves used at food service establishments shall be equipped with an emission control device for odors, smoke and particulates that meets the requirements of rules established by the department.

DEP is proposing these rules, as required by Section 24-149.5, with the goal of reducing particulate matter released into the environment, which is a known cause of asthma and other respiratory complications. In accordance with Section 24-105 of the Administrative Code, an advisory committee has been consulted in the development of these rules, which includes representatives from the restaurant and related industries, representatives of the environmental protection and environmental justice communities, and persons with expertise in the health effects of pollutants associated with cooking devices.

Newly installed cook stoves must comply with this rule as soon as it takes effect. Existing cook stoves (those installed before May 6, 2015) do not have to install emission control devices until January 1, 2020.

This rulemaking sets forth DEP’s determination as to emission controls that must be used to comply with section 24-149.5.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 38.

The Rule is authorized by Section 1043 of the Charter of the City of New York and section 24-105 and 24-149.5 of the Administrative Code.

Subject: 

Control Devices for Reducing Emissions from Cook Stoves at Food Service Establishments

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

No contact

Download Copy of Proposed Rule (.pdf): 

Pages