Emissions Control Devices for Commercial Char Broilers

Adopted Rules: Closed to Comments

Effective Date: 
Friday, September 16, 2016

Statement of Basis and Purpose

Commercial char broilers throughout the five boroughs emit an estimated 1,400 tons of particulate matter per year. The Department of Health and Mental Hygiene estimates that those emissions contributed to more than 12% of PM2.5-attributable premature deaths annually in 2005 to 2007 or 400 deaths per year in that period; if all commercial char broilers had had control technology installed, the reduction in ambient PM2.5 concentrations could have prevented nearly 350 of these premature deaths each year.

To reduce the amount of the emissions released by commercial char broilers, in 2015 the City Council amended Title 24 of the Administrative Code of the City of New York by adding a new Section 24-149.4, which prohibits the operation of any new commercial char broiler and any existing chain-driven commercial char broiler used to cook more than 875 pounds of meat per week unless it has an emissions control device that meets the requirements established by the Commissioner of the Department of Environmental Protection (DEP) (Local Law Number 38 for the year 2015, effective May 6, 2016).

DEP promulgates these rules, as required by Section 24-149.4, to establish requirements for the control of emissions from char broilers. In accordance with Section 24-105 of the Administrative Code, an advisory committee, which includes representatives of the restaurant industry and related industries, representatives of the environmental protection and environmental justice communities, and persons with expertise regarding the health effects of pollutants associated with cooking devices, has been consulted in the development of these rules.

In response to a comment received on the proposed rule, the final rule expands the testing methodology authorized for determining particulate matter emissions on commercial char broilers. In addition to EPA Methods 5 and 202, South Coast Air Quality Management District Method 5.1 may also be used.

Section 2 of the rule amends Chapter 43 of Title 15 of the Rules of the City of New York to correct an error in the Air Code Penalty Schedule that became effective on May 11, 2016.

Specifically, the proposed rules:
• Create a new chapter of DEP’s rules for char broiler emissions requirements (Title 15, Chapter 37),
• Set forth the requirements for emissions control devices, and
• Establish maintenance, certification and recordkeeping requirements.

The Rule is authorized by Section 1043 of the New York City Charter and sections 24-105 and 24-149.4 of the Administrative Code.