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Air Code Penalty Schedule – Second and Third Offenses of Certain Violations, Including Vehicular Idling Violations

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Rule status: Proposed

Agency: DEP

Comment by date: February 8, 2023

Rule Full Text

The Department of Environmental Protection is proposing to amend the Air Code Penalty Schedule in regard to changing and clarifying the criteria for second and third offenses of certain violations, including vehicular idling violations, and to provide that such violations can be admitted without going through the stipulation process.

Attendees who need reasonable accommodation for a disablity such as a sign language translation should contact the agency by calling 1 (718) 595-6531 or emailing by February 1, 2023

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  • Email:
  • Fax: 1 (718) 595-6543
  • Mail: Department of Environmental Protection, Bureau of Legal Affairs, 59-17 Junction Boulevard Room/Floor: 19th Floor ; Flushing, New York 11373

Public Hearings


February 8, 2023
11:00am - 12:00pm EST


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Meeting ID: 231 754 331 61
Passcode: aHoyWG

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+1 347-921-5612,,936628871#
Phone Conference ID: 936 628 871#

Disability Accommodation

Comments close by February 8, 2023

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Online comments: 3


    There needs to be a transfer of liability option as well as an exemption for certified clean idle vehicles.

    Comment attachment
    Comment added January 10, 2023 7:15am
  • Michael

    I support the change but additional work is required in order to improve the overall submission process and processing time improvement. As a resident, I attempted two submit two idling complaints. The amount of paperwork and red tape to accomplish that was unrealistic for such a simple desk. In addition, the reporting site was broken and I received no response from support team at after multiple attempts.

    It’s as if the complaint submission process was clearly designed not to use it!

    Comment added January 10, 2023 9:06am
  • Eric E

    I am generally supportive of this rule change, with caveats.

    Repeat offenses should be calculated at the respondent-level, not at the level of individual vehicles. It should not be necessary for OATH to separately warn a company not to idle each and every vehicle in that company’s fleet. One or two warnings should suffice to put the company on notice that higher penalties will be applicable going forward.

    Additionally, the penalties at each level should be adjusted upward, in view of the urgency of the climate and health crisis, as well as in view of the fines having effectively been decreased over time due to inflation. The DEP has been repeatedly requested to increase these fines, including on several occasions unanimously by Manhattan Community Board 4, but has so far failed to do so.

    Comment added January 13, 2023 10:05am