DEP - Air and Noise

Bull riveter in operation, January 24, 1913.

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	Air and Noise Noise Code (Local Law 113 of 2005) The City's new noise code takes effect on July 1, 2007. Noise complaints continue to be the number one quality of life issue for New York City residents; however the City's old noise code was over 30 years old. The new legislation establishes a flexible, yet enforceable noise code that responds to the need for peace and quiet while maintaining New York's reputation as the "City that never sleeps". Summary of the new noise code (PDF) Complete text of the noise code (PDF) Noise Code Penalty Schedule 15 RCNY §31-115 (PDF) Construction Noise Rules The construction rules that were written in coordination with the new noise code will become effective on July 1, 2007. These rules establish a unique noise mitigation plan for each construction site, offering alternatives for contractors to continue their important construction tasks while having less noise impact on the surrounding environment. Construction Noise Rules (PDF) Minimal Noise Rule The minimal noise rule sets forth a list of construction activities with minimal noise impact and specific noise mitigation measures applicable to such activities. Pursuant to that section, these rules set forth such a list and prescribe the methods and procedures that shall be used whenever any one or more of the construction activities with minimal noise impact are employed or performed. Minimal Noise Rules (PDF) Construction Noise Contact Sheet All contractors should have the attached contact sheet posted on a fence outside their construction site. Construction Contact Sheet (PDF) Construction Noise Mitigation Plan – Sample Form In accordance with Section 24-220 of the New York City Administrative Code, any individual or entity performing construction work in the city, shall adopt and implement a noise mitigation plan for each construction site when any device or activity is conducted as defined in Section 24-219. The attached sample form of a noise mitigation plan is intended to inform the user of the required plan elements that a responsible party must include when the listed devices are being used on site, and the mitigation strategies and best management practices that are being employed as defined in 15RCNY Section 28-102. Construction Noise Mitigation Sample Form (PDF) Construction Noise Alternative Mitigation Plan– Sample Form When required by Section 24-221 of the Administrative Code and or 15 RCNY Section 28-104, a complete and accurate Alternative Noise Mitigation Plan ["ANMP"] shall be filed when strict compliance with the noise mitigation rules is not possible. After review by DEP's technical staff, and when approval of this plan is warranted, such plan shall be conspicuously posted at the job site. When an ANMP is required, no construction activities, covered by such plan, shall take place until such plan is filed and subsequently approved by the DEP. Construction Noise Alternative Mitigation Sample Form (PDF) Construction Noise Control Products and Vendor Guidance Sheet The following is intended to provide guidance to construction contractors with respect to findings and selecting suitable noise control products. These products and vendors may be helpful to contractors for achieving compliance with the New York City Noise Regulations. These items are provided only as suggestions for contractors to consider and should not be construed as an official endorsement of any product and/or vendor by the City of New York. Contractors are free to choose other products/vendors that meet the requirements of such Code. This sheet will be updated from time to time as new noise control technologies gain acceptance. Construction Noise Control Products and Vendor Guidance Sheet (PDF) Requirements and Standards to be a Noise Consultant Form On December 29th, 2005, Mayor Bloomberg signed Local Law 113 for the year 2005. The law amended the Administrative Code of the City of New York in relation to the Noise Control Code. Specifically, the law established standards and procedures to reduce noise from construction and commercial music, and established sound level standards and procedures for specific noise sources. The law also mandated the adoption of rules in section 24-231 of the Administrative Code. Pursuant to that section, these rules set forth the requirements to obtain a zero penalty for a first violation of section 24-231(a) as well as obtaining a variance from the decibel limits for commercial music establishments and enterprises. The rules also set forth the requirements and standards to be a noise consultant. The rules are authorized by section 1043 of the Charter of the City of New York as well as section 24-231 of the Administrative Code of the City of New York. Requirements and Standards to be a Noise Consultant Form (PDF) Approved List of Noise Consultants (PDF) Air Monitoring in Lower Manhattan DEP monitored the ambient outdoor air for asbestos in lower Manhattan in response to the World Trade Center disaster, augmenting asbestos sampling performed by the EPA and other federal, state and city agencies. Learn more Certified Asbestos Investigators, Asbestos Contractors and Air Monitoring Firms Lists of asbestos investigators, and asbestos contractors and air monitoring firms. Learn more Asbestos Rules and Regulations The complete Asbestos Rules and Regulations of the City of New York. Learn more Asbestos Forms Online forms and filing instructions for abatement activities of asbestos-containing materials and for asbestos certification, as established under the Asbestos Control Program Rules. Learn more Use of Ultra Low Sulfur Diesel Fuel by Nonroad Vehicles On December 22, 2003, Mayor Michael Bloomberg signed Local Law 77 for the year 2003. The law amended the Administrative Code of the City of New York in relation to the use of ultra low sulfur diesel fuel (“ULSDF”) and the best available technology (“BAT”) by nonroad vehicles in city construction. The law requires that any diesel-powered nonroad vehicle, fifty horsepower and greater, that is owned by, operated by or on behalf of, or leased by a City agency be powered by ULSDF and utilize BAT for reducing the emission of pollutants. The law provides that the Commissioner of the Department of Environmental Protection shall make determinations, and shall publish a list of such determinations, as to the BAT for reducing the emission of pollutants to be used for each type of diesel-powered nonroad vehicle affected by the law. DEP has gone through the CAPA process and chose Diesel Particulate Filters and Diesel Oxidation Catalysts as the BAT. DEP continues to review the technology every 6 months. Local Law 77 Signed by Mayor Bloomberg Final Rule 2008 (PDF) Rules Concerning the Use of Ultra-Low Sulfur Fuel and Emissions Control Technology on City Motor Vehicles On May 11, 2005, Mayor Michael Bloomberg signed Local Law 39 for the year 2005. The law amended the Administrative Code of the City of New York in relation to the use of ultra low sulfur diesel fuel (“ULSDF”) and best available retrofit technology (“BART”) by city motor vehicles. The law requires that diesel fuel-powered motor vehicles owned or operated by city agencies be powered by ULSDF. The law further requires that a percentage, increasing yearly to 100 percent, of diesel fuel-powered motor vehicles with a weight of more than 8,500 pounds that are owned or operated by city agencies utilize BART or be equipped with an engine certified to the 2007 EPA standard for reducing the emission of pollutants. The law provides that the Commissioner shall make determinations, and shall publish a list of such determinations, as to the BART for reducing the emission of pollutants to be used for each type of diesel fuel-powered motor vehicle affected by the law. DEP went through the Citywide Administrative Procedure Act (CAPA) process and promulgated a list of what constitutes BART in a hierarchical schematic. Diesel Particulate Filters and Diesel Oxidation Catalysts were found to be the best devices based on the EPA and California Air Resources Board for verified technology. Proposed Rule (PDF) Rules Concerning the Use of Emissions Control Technology on Sight-Seeing Buses On May 11, 2005, Mayor Michael Bloomberg signed Local Law 41 for the year 2005. The law amended the Administrative Code of the City of New York in relation to the use of best available retrofit technology (“BART”) by sight-seeing buses. The law requires that beginning January 1, 2007, any sight-seeing bus that is licensed by the Department of Consumer Affairs (DCA) and is equipped with an engine that is over three years old shall utilize BART for reducing the emission of pollutants. A sight-seeing bus, as defined by the law, is a vehicle that carries eight or more passengers and operates for hire from a fixed point in the City to a place of interest or amusement. The law provides that the Commissioner of the Department of Environmental Protection shall make determinations, and shall publish a list of such determinations, as to the BART for reducing the emission of pollutants to be used for each type of diesel fuel-powered sight-seeing bus affected by the law. DEP went through the CAPA process and selected diesel particulate filters and diesel oxidation catalysts as the BART. Proposed Rule (PDF) Rules Concerning the Use of Ultra-Low Sulfur Diesel Fuel and Emissions Control Technology on Vehicles that Transport Children to and from School On May 11, 2005, Mayor Michael Bloomberg signed Local Law 42 for the year 2005. The law amended the Administrative Code of the City of New York in relation to the use of ultra low sulfur diesel fuel (“ULSDF”) and the best available retrofit technology (“BART”) by vehicles that transport children to and from school. The law requires that by September 1, 2006 all diesel fuel-powered school buses shall be powered by ULSDF. The law provides that the Commissioner shall make determinations, and shall publish a list of such determinations, as to the BART for reducing the emission of pollutants to be used for each type of diesel fuel-powered school bus affected by the law. DEP went through the Citywide Administrative Procedure Act (CAPA) process and promulgated a list of what constitutes BART in a hierarchical schematic. Proposed Rule (PDF)