Last year, the NYC Department of Environmental Protection (DEP) enacted the largest update to the NYC Air Pollution Code in 35 years. This addition to the code mandated that emission control devices are in NYC restaurants that use char broilers that cook over 875 lb of meat per week. On September 16, 2016, the DEP released an rule that further regulates this requirement by outlining the standards for their performance, testing and re-certification. Below are the highlighted changes:
Requirements for Emission Control Devices:
- Such devices must reduce the chain-driven commercial char broiler’s baseline PM10 emissions, including condensable PM, at a reduction rate of 75% or greater.
- “PM 10” stands for Particulate Matter with an aerodynamic diameter equal to or less than 10 micrometers.
- Where a facility uses more than one commercial char broiler to cook meat, the amount of meat cooked per week must be calculated based on the total amount of meat cooked on all commercial char broilers at the same facility, and the emissions reduction must be calculated per commercial char broiler.
Maintenance for Emission Control Devices:
- Installed devices shall be operated, cleaned, and maintained in accordance with the manufacturer’s specifications.
- Systems must be cleaned by a person holding a FDNY Certificate of Fitness P- 64 Commercial Kitchen Exhaust & Precipitator Cleaning Technician.
Record Keeping:
- Effective May 6, 2016 –
- Any person operating a new under-fired commercial char broiler or an existing or new chain-driven commercial char broiler used to cook 875 pounds or less of meat per week, must maintain records showing the amount of meat purchased per month.
- Any person operating a new under-fired commercial char broiler or an existing or new chain-driven commercial char broiler used to cook more than 875 pounds of meat per week must maintain records regarding the date of installation, replacement and maintenance of any emissions control device installed to abate emissions from the char broiler.
- Records for breakdown repair, cleaning on the emissions control device or preventative maintenance will need to be kept for at least one year and be made available to the DEP upon request.
Certification of Emission Control Devices:
- The manufacturer or owner of emission control devices may seek DEP certification by submitting documentation from an EPA-approved independent testing laboratory (full testing protocols are included in the official rule in the link below).
Fines for not adhering to this new rule can range from $800 to $3,200, depending on the severity of the infraction.
Click here for the full text of this new rule.