Measurement of Stack Emissions of Certain Generators
Adopted Rules: Closed to Comments
Statement of Basis and Purpose of Rule
This rule defines the method that must be used in performing a smoke test or stack test for generators with an output of 40 kilowatts or more.
Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York. It defines required procedures that a professional engineer (P.E.) or registered architect (R.A.) must follow in order to certify that any generator with an output of 40 kilowatts or more has passed a stack test. This rule only sets forth the test method that a P.E. or R.A. shall follow if a Method 9, “Visual determination of the opacity of emissions from stationary sources” test is not used to meet the requirements set forth in Section 24-109(c)(2)(i).
Section 24-109(c)(2)(i) specifically requires the Department to establish by rule a method for the stack test that generators must pass before registration of the generator that may be used instead of conducting a Method 9 test. This rule also meets the requirement set forth in section 24-125(a) that requires the Department to issue a rule that establishes criteria that must be met prior to a work permit being granted for any equipment, including a generator.
DEP has clarified the requirements and standards required in this rule based on comments received at the hearing and in writing. Comments that were submitted that pertained to Code requirements, including but not limited to what types of generators need to obtain a registration or work permit and certificate of operation, are not addressed by this rule as these requirements have already been affirmatively provided for in the Air Pollution Control Code.
The Rule is authorized by Section 1043 of the Charter and section 24-105 24-109(c)(2)(i), and 24-125(a)(1) of the Administrative Code.