Control Devices for Reducing Emissions from Cook Stoves at Food Service Establishments
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Statement of Basis and Purpose of Proposed Rule
Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by adding a new Section 24-149.5, which provides that cook stoves used at food service establishments shall be equipped with an emission control device for odors, smoke and particulates that meets the requirements of rules established by the department.
DEP is proposing these rules, as required by Section 24-149.5, with the goal of reducing particulate matter released into the environment, which is a known cause of asthma and other respiratory complications. In accordance with Section 24-105 of the Administrative Code, an advisory committee has been consulted in the development of these rules, which includes representatives from the restaurant and related industries, representatives of the environmental protection and environmental justice communities, and persons with expertise in the health effects of pollutants associated with cooking devices.
Newly installed cook stoves must comply with this rule as soon as it takes effect. Existing cook stoves (those installed before May 6, 2015) do not have to install emission control devices until January 1, 2020.
This rulemaking sets forth DEP’s determination as to emission controls that must be used to comply with section 24-149.5.
Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 38.
The Rule is authorized by Section 1043 of the Charter of the City of New York and section 24-105 and 24-149.5 of the Administrative Code.