§ 64-06 Field Testing Requirements for Emission Control Devices That Are Not Certified.
RCNY § 64-06
Field testing must be performed on any Emissions Control Device that is not found on the certified emissions control list established pursuant to 15 RCNY § 64-04(b) before such Emissions Control Device may be used. This one-time testing must comply with the requirements of this section. Approval is specific to the location where the test was performed. The test must demonstrate that the Emissions Control Device achieved at least a 75 percent emissions reduction or resulted in controlled emissions no higher than 10 mg/m 3 to be approved by the Department.
(a)Test methods. Tests must be performed using the OPC Method or the NIOSH 0500 Method. AFDs or ESPs must be used with the OPC method. Wet Scrubber Systems, ESPs, and Air Filtration Devices must be used with the NIOSH 0500 Method. The test conditions of 15 RCNY § 64-05(b) must be complied with for all methods.
(b)Sampling locations for all methods. For AFDs or ESPs, when taking samples while the char broiler unit is on, readings must be taken from within the clean out Access Point downstream of the device, or at the Discharge Point. When taking samples while the unit is off, samples must be taken upstream of the Emissions Control Device. When the Emissions Control Device upstream Access Point is not reachable, the test must be conducted at a downstream Access Point or at the chimney output point. A field tester must remove the access plate and replace with a Test Port Plate and place the sampling probe inside a precut hole or place the probe directly within the Discharge Point.
(c)Flow rate and volume for OPC samples. Samples taken using OPC must be taken for a minimum of ten minutes at two liters per minute pump speed, or if the flow rate is not adjustable using the constant flow, but no more than 2 L/min. This procedure must be done with two to four samples collected with the unit on and two to four samples with the unit off. If the OPC is equipped with a filter assembly, a new glass or PVC fiber filter must be used for each test. If the OPC is equipped with RH Correction Function, it should be enabled when the humidity is expected to exceed 50 percent.
(d)Protocols for NIOSH samples.
(i)A minimum 20-liter sample must be drawn into a 37 mm glass or PVC fiber filter. The sample should be drawn for a minimum of ten minutes at two liters per minute pump speed, with two to four samples collected with the unit on and two to four samples with the unit off. Filters should be changed for each test.
(ii)Samples must be taken in accordance with the following sections of NIOSH Method 0500, Issue 2, August 15, 2004: “Equipment” section (except that a 37 mm glass or PVC fiber filter should be used), “Preparation of Filters” section, “Sampling” section (except that the total sample volume must be a minimum 20 liters), and “Sample Preparation” section. The filters must then be collected, and the weight of the filters must be certified by an Industrial Hygienist in an accredited laboratory.
(iii)Laboratory Testing. Laboratory testing must be performed in a National Environmental Laboratory Accreditation (NELAC) or New York State Department of Health Environmental Laboratory Approval Program (ELAP) certified laboratory and must follow measurements for nuisance dust as per the NIOSH 0500 method. During each test, samples must be collected from the sampling port of the Emissions Control Device.
(e)Reporting for all methods. For OPC, the installer of the Emissions Control Device must submit a printout to the Department with the readings of Total PM and submit pictures of the filter with the unit on and off. For NIOSH 0500, complete laboratory results certified by an Industrial Hygienist must be submitted to the Department to document the reduction in PM. The owner must submit a report for site-specific testing that will include a project and test condition description, diagram of the sampling location with the cooking equipment and emissions control information, results of testing either printout readings from Total PM from OPC or laboratory results for NIOSH 0500, any supporting information including calculations, photos, and a conclusion. (Added City Record 5/20/2025, eff. 11/20/2025)













