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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP.

DEP promulgates these rules, as authorized by Section 24-109(a)(17), to reduce emissions from cook stoves used primarily for cooking food for onsite consumption at a food service establishment.

This rulemaking reflects DEP’s determination that cook stoves are a source of significant emissions that must be registered with DEP.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-149.5 of the New York City Administrative Code.

DEP received one public comment concerning the applicability of this rule to charitable institutions and that it would be burdensome and onerous for religious institutions to comply. DEP has removed the provision that char coal burning appliances must register with the department since only coal and wood fired cook stoves are currently regulated by the Air Code.

Consistent with the above, DEP promulgates the following Rule to be found at 15 RCNY Chapter 50.

Effective Date: 
Thu, 08/02/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 13, 2018
Proposed Rules Content: 

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 authorizing the department to promulgate rules that will require emission sources or activities not listed in section 24-109(a)(1-16) to be registered with DEP

DEP is proposing these rules, as authorized by Section 24-109(a)(17), to reduce emissions from cook stoves and charcoal burning appliances used primarily for cooking food for onsite consumption at a food service establishment.

This rulemaking reflects DEP’s determination that cook stoves and charcoal burning appliances are a source of significant emissions that must be registered with DEP.

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 50.

DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and sections 24-109(a)17 and 24-149.5 of the New York City Administrative Code.

Subject: 

Registration of Cook Stoves and Charcoal-Burning Appliances.

Location: 
DEP 9th Floor Conference Room
59-17 Junction Blvd. 9th Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

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 promulgates 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, 2016) 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.

Effective Date: 
Wed, 05/24/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 12, 2017
Proposed Rules Content: 

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.

Subject: 

Control Devices for Reducing Emissions from Cook Stoves at Food Service Establishments

Location: 
DEP 11th Floor Conference Room
59-17 Junction Blvd. 11 Floor
Flushing, NY 11373
Contact: 

No contact

Download Copy of Proposed Rule (.pdf):