NYC Air Pollution Control Code for Wood and Coal Fired Appliances

NYC Air Pollution Control Code for Wood and Coal Fired Appliances

April 2015

On May 6th, 2015, the New York City Council and Mayor De Blasio passed a large amendment regarding solid fuel pollution control in the New York City Air Pollution Control Code. Restauranteurs, food service consultants, and building engineers should be aware of the new articles in reference to "cook stoves" (wood fired and coal fired commercial cooking appliances) and char broilers.

The NYC Air Pollution Control Code now officially defines "cook stoves" as:

[(19) Department] “Cook stove” means any wood fired or anthracite coal fired appliance used primarily for cooking food for onsite consumption at a food service establishment, as such term is defined in section 81.03 of the New York city health code.

§ 28. Subchapter 6 of chapter 1 of title 24 of the administrative code of the city of New York is amended by adding a new section 24-149.5 to read as follows:
§24-149.5 Cook stoves.
(a) Definitions.
As used in this section:
“New” means installed on or after the effective date of the local law that added this section. [May 6th, 2015]
“Existing” means installed before the effective date of the local law that added this section.

Regulations put in place include:

(b) No person shall use a new cook stove for the preparation of food intended for on-site consumption or retail purchase without the use of an emission control device for odors, smoke and particulate matter that meets the requirements for such system as established by the rules of the department.

(c) No person shall use an existing cook stove unless such cook stove is in compliance by January 1, 2020, with the requirements for control systems established by the commissioner pursuant to subdivision (b) of this section.

In regards to char broilers, the legislation reads:

§ 27. Subchapter 6 of chapter 1 of title 24 of the administrative code of the city of New York is
amended by adding a new section 24-149.4 to read as follows:
§24-149.4 Commercial char broilers.
(a) Definitions.
As used in this section:
“New” means installed on or after the effective date of the local law that added this section. [May 6th, 2015]
“Existing” means installed before the effective date of the local law that added this section.

(b) No person shall operate any new commercial char broiler or any existing chain-driven commercial
char broiler to cook more than eight hundred seventy-five pounds of meat, including but not limited to beef, lamb, pork, poultry, fish, or seafood, per week unless such commercial char broiler is equipped with an emissions control device that meets the requirements of the rules of the department.

(c) On or after January 1, 2018, the commissioner may promulgate rules regulating emissions from:
existing chain-driven commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week or existing under-fired commercial char broilers.

(d) On or after January 1, 2020, the commissioner may promulgate rules regulating emissions from new
commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week.

(e) The operator of a commercial char broiler shall maintain records regarding the dates of installation,
replacement, cleaning, and maintenance of any emissions control device. Such records shall be made available to the department upon request.

(f) The operator of a commercial char broiler that is not equipped with an emissions control device that
meets the requirements of the rules of the department shall maintain records showing the amount of meat purchased per month. There shall be a presumption that all meat purchased in a given month was cooked on a commercial char broiler. The records required pursuant to this subdivision shall be maintained for not less than one year and shall be made available to the department upon request.

(g) Notwithstanding any other provision this section, where a facility uses more than one commercial
char broiler to cook meat, the amount of meat cooked per week shall be calculated for the purposes of this section based on the total amount of meat cooked on all commercial char broilers at the same facility.