§ 64-02 Emissions Control Technologies Required for Existing Under-Fired Commercial Char Broilers and Assessment.
RCNY § 64-02
(a)No person shall operate an existing under-fired commercial char broiler that was installed prior to May 6, 2016, to cook more than 875 pounds of meat per week unless an Emissions Control Device that meets the requirements of this chapter has been installed. The Emissions Control Device to be used must have either been tested and certified in accordance with 15 RCNY § 64-05 and be on the Fire Department’s and the Department’s approved list of Emissions Control Devices found at: https://www.nyc.gov/assets/dep/downloads/pdf/air/approved-under-fired-technology.pdf (“certified”) or have passed a site-specific field test that complies with the requirements of 15 RCNY § 64-06. The field test must demonstrate that a 75 percent PM emissions reduction is achievable or that the measured PM concentration after the Emissions Control Device is installed is no higher than 10 mg/m 3 . Except as otherwise provided in this section, the Emissions Control Device must be installed within 180 days of the effective date of this rule.
(b)If an owner cannot install an Emissions Control Device on the certified list or a non-certified Emissions Control Device that meets the requirements of this chapter, the owner must retain a professional engineer or registered architect licensed under sections 7202 or 7302 of the Education Law who shall conduct and submit an assessment. The assessment must detail the technical limitations of installing an Emissions Control Device, the financial limitations of the owner, and why they preclude the installation of an Emissions Control Device that meet the requirements of this chapter. The assessment must be submitted to the Department within one year of the effective date of this rule.
(c)If the assessment submitted pursuant to subdivision (b) of this section concludes that an Emissions Control Device can be installed to reduce an existing under-fired commercial char broiler’s total PM emissions by at least 25 percent but less than 75 percent with the controlled emission being above 10 mg/m 3 for total PM, such assessment must describe the Emissions Control Device that can be installed to achieve such reduction. After installation of such Emissions Control Device, the owner must conduct another assessment in accordance with subdivision (b) of this section within two years of the date on which the Emissions Control Device was installed to determine if additional or different Emissions Control Devices can be installed to reduce total PM emissions by at least 75 percent or to reduce total PM emissions to less than or equal to 10 mg/m 3 .
(d)If the assessment concludes that no Emissions Control Device can be installed on an existing under-fired commercial char broiler or that any Emissions Control Device that could be installed cannot achieve a reduction of the existing under-fired commercial char broiler’s total PM emissions by at least 25 percent or achieve a controlled emission level of less than or equal to 10 mg/m 3 , the assessment must include a technical and economic evaluation as described in subdivision (b), and the applicant must submit a variance petition in accordance with the procedures set forth in § 24-110 of the Administrative Code of the City of New York. (Added City Record 5/20/2025, eff. 11/20/2025)
