Required Emission Control Devices for Commercial Cook Stoves in New York City

Within the last decade, the New York City Department of Environmental Protection (NYCDEP) has taken several measures to reduce emissions of particulate matter (PM) and the resulting impact on the environment and health of residents. Local Law 38 of 2015 (LL38) amended Title 24 of the Administrative Code of the City of New York (NYC) by adding a new Section 24-149.5. This was the initial legislation passed in order to achieve the PM emissions reduction goal and required food service establishments to employ emission controls for particulates, smoke, and odors.

In May 2017, the NYCDEP amended its rules [15 Rules of the City of New York (RCNY) Chapter 38] regarding emission controls, requiring all existing cook stoves installed before May 6, 2016 to comply with this rule by January 1, 2020. Any cook stoves installed after this date must comply with this rule upon startup. In 2023, some amendments were published resulting in changes to 15 RCNY Chapter 38 and the creation of a new rule, 15 RCNY Chapter 62 (Emissions Reduction Technologies for Existing Cook Stoves).

How are cook stoves now defined in 15 RCNY Chapter 38?

Cook stoves are “any wood fired or anthracite coal fired appliance used … for the preparation of food intended for onsite consumption or retail purchase.”

What are the requirements under 15 RCNY Chapter 38 for existing and new cook stoves?

• Stoves must be equipped with an appropriate emissions control device (control device), compliant with the NYC Construction Code and the NYC Fire Code
• PM testing must be performed on each control device and reported to the NYCDEP
• Control devices must be properly maintained and inspected and cleaned every three months
• Records must be kept regarding installation, replacement, and routine maintenance of each control device

How will the new rule, 15 RCNY Chapter 62, affect those who operate cook stoves within NYC?

• Generally, control devices must achieve 75% or greater PM reduction compared to uncontrolled emissions. If this cannot be achieved, a variance petition may be submitted to NYC for review
• Existing cook stoves must be certified in accordance with UL 2162 (2001)
• If wood is being used as the fuel source, only treated firewood as defined in 6 NYCRR Part 195.2 (a) (13) shall be used
• If a control device is not on the NYCDEP’s preapproved list, field testing may be performed in accordance with the rule in order to certify the control device

If you own or operate establishments that use commercial cook stoves in New York City and would like to discuss your current compliance status and testing requirements, contact Walden today at 516-559-6976.