DEP Subscribe to RSS - DEP

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

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Monday, July 23, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Law 53 of 2018 added a new subdivision (e) to Section 24-207 of the Administrative Code. This new subdivision requires the commissioner to prescribe specific time frames for inspections in response to after hours noise complaints received by the department to ensure that inspections are most likely to occur at a time that the alleged noise is continued from the time of such complaint, or at a time when the alleged noise is likely to be repeated.

DEP is proposing these rules, as required by section 24-207(e), to establish the method and strategy to inspect afterhours complaints when the noise will still be continuing and/or likely to be repeated.

Consistent with the above, DEP will promulgate the following rule as a new Chapter 52 in Title 15 of the Rules of the City of New York.

The rule is authorized by Section 1043 of the Charter and sections 24-205 and 24-207(e) of the Administrative Code.

Subject: 

Amendment of rules establishing specific time frames for inspections in response to after hours noise complaints.

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

No contact

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Monday, July 23, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Local Laws 10 and 53 of 2018 amended Section 24-219 and 24-220 of the Administrative Code, require the filing of noise mitigation plans that must be made publicly available on the department’s website, as well as requiring noise mitigation rules for interior renovation.

DEP is proposing these rules, as required by section 24-219 and 24-220 to clarify and revise the existing noise construction rules as set forth in 15 RCNY 28-100 et seq. to require that noise mitigation plans must be filed with the department and add a section to the rules that will provide for mitigation techniques to control for interior renovation noise.

Consistent with the above, DEP promulgates the following new Rule, to be found Chapter 28 of Title 15 of the Rules of the City of New York.

The Rule is authorized by Section 1043 of the Charter and sections 24-219 and 24-220 of the Administrative Code.

Subject: 

Amendment of existing construction noise rules relating to the submission of noise mitigation plans and interior noise construction.

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th Floor
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Open to Comments

Log in or register to post comments
Agency:
Comment By: 
Wednesday, July 11, 2018
Proposed Rules Content: 

Statement of Basis and Purpose
Local Law 143 of 2013 amended Section 24-716 of the Administrative Code by adding a new subdivision (b) requiring that the Department of Environmental Protection (DEP) promulgate rules “for the proper siting and storage of hazardous substances, taking into consideration all safety issues…” In response, after consulting with other emergency response agencies, as well as the Law Department, the Mayor’s Office of Operations, and the New York State Department of Environmental Conservation, DEP has developed amendments to the existing Community Right-to-Know Regulations (Title 15, Chapter 41 of the Rules of the City of New York) which add a new Section 41-14 to require spillage prevention measures for all portable containers of hazardous substances in order to prevent releases of hazardous substances in case of an extreme weather event, and to impose spillage prevention requirements for facilities located in a Special Flood Hazard Area. The proposed rule also authorizes DEP to perform inspections at facilities and to issue summonses for violations of the rule, and adds definitions for terms found in the new section 41-14.
The proposed rule also deletes Section 41-11(b)(i)(4), which refers to a provision of the New York State regulations that no longer exists, and includes a number of simple, plain language revisions throughout.
DEP’s authority for this rule is found in New York City Charter section 1043 and section 24-716 of the Administrative Code.

Subject: 

Siting and Storage of Hazardous Materials.

Location: 
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: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, June 13, 2018
Proposed Rules Content: 

Local Law number 38 for the year 2015, as codified in Section 24-163.11 of the Administrative Code, requires the Department of Environmental Protection (“DEP”) to promulgate rules requiring heavy duty trade waste hauling vehicles to operate using the best available retrofit technology.

This proposed rule sets forth DEP’s determinations as to precautions that must be used to comply with the requirements of Section 24-163.11. The goal of this proposed rule is to reduce particulate matter emission from the vehicles by requiring controls that will limit the amount of particulate matter emitted into the open air from a heavy duty trade waste hauling vehicle.

This rulemaking is authorized by Section 1043 of the Charter of the City of New York and sections 24-105 and 24-163.11 of the Administrative Code. The proposed rule will add a new Chapter 51 to Title 15 of the Rules of the City of New York.

Matter underlined is new. Matter in [brackets] is to be deleted.

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

Subject: 

Fuel Requirements for Heavy Duty Trade Waste Hauling Vehicles.

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

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 13, 2018
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 authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP

DEP is proposing these rules, as authorized by Section 24-109(a)(17), to reduce emissions from cook stoves and charcoal burning appliances used primarily for cooking food for onsite consumption at a food service establishment.

This rulemaking reflects DEP’s determination that cook stoves and charcoal burning appliances are a source of significant emissions that must be registered with DEP.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 50.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-149.5 of the New York City Administrative Code.

Subject: 

Registration of Cook Stoves and Charcoal-Burning Appliances.

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9th 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

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by requiring the department to promulgate rules that will require precautions to be in place prior to the spraying of insulating material in or upon any building during construction, alteration or repair.

DEP promulgates these rules, as required by Section 24-146(e), with the goal of reducing dust released into the environment, which is a known cause of asthma and other respiratory complications.

This rulemaking sets forth DEP’s determination as to the precautions that must be followed to comply with Section 24-146(e).

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 49. This rule excludes spray on foam applications from the definition of “insulating material.” DEP revised the rule both in the applicability section as well as clarified precautions that must be taken based on industry practices as well as city and state regulations governing this subject matter.

The Rule is authorized by Section 1043 of the New York City Charter and section 24-105 and 24-146(e) of the Administrative Code.

Effective Date: 
Mon, 04/23/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

The 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, the section authorizes DEP 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 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 amendments clarify that only stormwater and allowable runoff may enter a storm sewer, catch basin or manhole without written approval.

The 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 amendments will 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.

The final rule also contains amendments to 15 RCNY § 19-10(d), which were not included in the proposed rule. This language is being added to clarify and update the description of how inspections will be conducted to enforce the chapter.

Effective Date: 
Fri, 03/30/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP.

DEP is promulgating these rules, as authorized by Section 24-109(a)(17) to reduce emissions, from mobile food vending units used to power a process device, which in the case of mobile vending units is used to preserve food. DEP will conduct public outreach to the regulated community to make all stakeholders aware of these requirements.

This rulemaking reflects DEP’s determination that engines in mobile food vending units with an input of less than 50 horsepower are an emission source that must be registered with DEP.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 50.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-163.12 of the New York City Administrative Code.

Effective Date: 
Thu, 02/15/2018

Proposed Rules: Closed to Comments (View Public Comments Received:7)

Agency:
Comment By: 
Wednesday, February 14, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Working with the City’s rule-making 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. In light of this review, the Department of Enviornmental Protection (“DEP” or “the department”) is making several changes to its asbestos regulations to update them and make them easier for the public and the regulated community to understand.

Among other changes, the proposed rule:
• clarifies the purpose of the rule;
• adds definitions;
• adds sections related to the Asbestos Assessment Report and renewal of the Restricted Asbestos Handler Certificate;
• clarifies variance-related issues;
• clarifies the qualifications required for investigator certificates;
• clarifies record-keeping requirements for the contractor, air monitor and investigator;
• updates language on, and the specifications of, required warning signs and labels;
• prohibits employees of the department’s Asbestos Control Program from applying for an asbestos investigator certificate or from applying for renewal of the certificate;
• allows in certain instances individuals denied a certificate to appeal the decision;
• repeals section 1-22 (b)(2), Asbestos Exemption Certification;
• limits the number of times any certificate holder may receive a replacement certificate to twice in any two-year validity period;
• requires an asbestos abatement permit when there is an obstruction of an interior exit stairway;
• requires a sample location sketch to be made within one hour of the beginning of sample collection of suspected asbestos-containing material;
• requires additional training for investigators with a high school diploma including blueprint-reading courses;
• requires a minimum of six months graduate experience in building survey or a certified asbestos investigator;
• allows for electronic recordkeeping;
• clarifies for the investigator what a chain of custody must include;
• sets required procedures for encapsulation and enclosure;
• requires applicants to achieve a passing grade on a departmental examination by the third attempt;
• makes failure to comply with a work place safety plan a violation of the rules;
• requires that a variance for the use of a remote worker decontamination enclosure be obtained;
• requires a building owner or its authorized representative to retrieve the approved stamped copy of the work place safety plan from DEP and post that copy at the work place;
• requires that a sample location sketch must be made within one hour of the beginning of sample collection;
• amends section 1-26 to always require a work place safety plan when a permit is required;
• clarifies the roofing, flooring, vertical surface, and pre-demolition procedures; and
• includes minor plain-language revisions.

Subject: 

Amendment of Asbestos Control Program Rules

Location: 
DEP 8th Floor Conference Room
59-17 Junction Boulevard 8th 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 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 businesses, 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.

Effective Date: 
Mon, 02/05/2018

Pages