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When used in the New York city air pollution control code:
"Air" means all the respirable gaseous mixture available for human, animal or plant respiration.
"Air contaminant" means any particulates, aerosol or any gas or any combination thereof in the open air, other than uncombined water.
"Air contaminant detector" means a device or combination of devices that cause audible and/or visible signals in the presence of an air contaminant of a particular concentration, density or opacity.
"Air contaminant recorder" means an apparatus that produces a record of the time, duration, concentration and density or opacity of an air contaminant.
"Air pollution" means the presence in the open air of one or more contaminants in quantities, of characteristics and of a duration that are or may be injurious to human, animal or plant life or to property or that unreasonably interfere with the comfortable enjoyment of life and property.
"Alteration" means any modification or change of the design, capacity, process or arrangement, or any increase in the connected load of equipment or any apparatus that will affect the kind of air contaminant emitted or increase the amount of an air contaminant emitted. Alteration does not include replacement or repair of worn out or defective equipment.
"Anthracite coal" means anthracite coal as classified by the ASTM standard D 388-12.
"Apparatus" means any device that prevents, controls, detects, or records the emission of any air contaminant from fuel burning equipment.
"Architectural coating" means coating to be applied to stationary structures and their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Adhesives and coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, and automobiles are not considered architectural coatings for the purposes of this code.
"Biodiesel" means a fuel, designated B100, that is composed exclusively of mono-alkyl esters of long chain fatty acids derived from feedstock and that meets the specifications of ASTM standard D 6751-12.
"Bioheating fuel" means a fuel comprised of biodiesel blended with petroleum heating oil that meets the specifications of ASTM standard D 396-12, or other specifications as determined by the commissioner.
"Board" means the environmental control board of the city of New York.
"Boiler" means equipment that is used to heat water for the purpose of generating hot water and/or steam. The hot water and/or steam generated by a boiler may be used for heating, processing, or generating power or for other purposes, including but not limited to, cooking and sanitation.
"British thermal unit" or "Btu" means the amount of energy needed to heat one pound of water by one degree Fahrenheit.
"Capacity rating" means the fuel burning equipment manufacturer's guaranteed maximum heat input rating in millions of Btu per hour, or the maximum four-hour average actual rate, whichever is higher.
"Certificate of operation" means a document issued by the department authorizing the operation of a specific piece of equipment or apparatus that may emit an air contaminant.
"Chain-driven commercial char broiler" means a commercial char broiler that is a semi-enclosed cooking device with a mechanical chain that automatically moves food through the device.
"Charter" means the New York city charter.
"City" means the city of New York.
"City agency" means a city, county, borough, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.
"Clean wood" means wood or wood pellets that have not been painted, stained, or treated with any coating, glue or preservative.
"Cogeneration system" means equipment for the simultaneous production of electricity and heat from a single fuel source, such as natural gas, biomass, waste heat, or oil. Cogeneration system is also known as a combined heat and power system.
"Combustion controller" means an apparatus that automatically and continually maintains the proper fuel to air ratio for the optimum combustion of fuel.
"Combustion shutoff" means an apparatus that is designed to halt automatically a combustion process when proper combustion conditions are not being maintained.
"Commercial char broiler" means a device that consists primarily of a grated grill and a heat source and that is used to cook meat, including beef, lamb, pork, poultry, fish, and seafood, for human consumption at a food service establishment, as such term is defined in section 81.03 of the New York city health code.
"Commissioner" means the commissioner of environmental protection.
"Control apparatus" means any device that prevents or controls the emission of an air contaminant.
"Cook stove" means any wood fired or anthracite coal fired appliance used primarily for cooking food for onsite consumption at a food service establishment, as such term is defined in section 81.03 of the New York city health code.
"Demolition" means the complete or partial removal, razing, or dismantling of any exterior part of a building or structure.
"Department" means the department of environmental protection.
"Dust" means solid particulates that have been released into the air by natural forces or by manual or mechanical processes.
"Emergency generator" means an internal combustion engine that operates as a mechanical or electrical power source only when the usual source of power is unavailable.
"Emission" means dispersion of an air contaminant into the open air of the city.
"Emission rate potential" means the rate in pounds per hour at which an air contaminant would be emitted to the open air in the absence of air pollution control facilities or other control measures. The emission rate potential for cyclic operations shall be determined by considering both the instantaneous emission potential and the total emission potential over the time period of the cycle.
"Emission source" means a point at which an emission occurs.
"Engine" means a motor designed to convert energy into useful mechanical motion.
"Environmental rating" means a rating as established in part two hundred twelve of title six of the New York codes, rules and regulations.
"Equipment" means any device capable of causing the emission of an air contaminant into the open air, or any stack, conduit, flue, duct, vent or similar device connected or attached to, or serving such device.
"Exhaust" or "ventilation source" means a system that removes or transports an air contaminant to the exterior of a building or other structure.
"Experimental installation" means equipment not previously used or tested in the city, or equipment using fuel not regulated by this code or rules promulgated thereunder.
"Feedstock" means soybean oil, oil from annual covercrops, algal oil, biogenic waste oils, fats or greases, or non-food grade corn oil, provided that the commissioner may modify the definition of feedstock based on the vegetable oils, animal fats or cellulosic biomass listed in table 1 of 40 CFR § 80.1426.
"Fireplace" means a hearth and fire chamber or similar prepared place in which a fire may be made and which is built in conjunction with a chimney.
"Flare" means an open or closed flame gas combustion device used for burning off unwanted gas or flammable gas. A flare may include some or all of the following components: the foundation, flare tip, structure support, burner, ignition, flare controls including air injection or steam injection systems, flame arrestors, knockout pots, piping and header systems.
"Fuel burning equipment" means equipment, other than a motor vehicle, designed to burn oil, natural gas, or renewable fuel.
"Fuel oil grade no. 1" means a fuel oil meeting the definition of fuel oil grade no. 1 as classified by ASTM standard D 396-12.
"Fuel oil grade no. 2" means a fuel oil meeting the definition of fuel oil grade no. 2 as classified by ASTM standard D 396-12.
"Fuel oil grade no. 4" means a fuel oil meeting the definition of fuel oil grade no. 4 as classified by ASTM standard D 396-12.
"Fuel oil grade no. 6" means a fuel oil meeting the definition of fuel oil grade no. 6 as classified by ASTM standard D 396-12.
"Generator" means any internal combustion engine that operates as a mechanical or electrical power source.
"Heat input" means the quantity of heat generated by fuel fed into equipment under conditions of complete combustion, measured in British thermal units. Heat input includes sensible heat, calculated above sixty degrees Fahrenheit, available from materials introduced into the combustion zone.
"Horsepower" means a unit of power in the United States Customary System, equal to 745.7 watts or thirty-three thousand foot-pounds per minute.
"Installation" means the placement, assemblage or construction of equipment or apparatus at the premises where the equipment or apparatus will be used, and includes all preparatory work at such premises.
"Kilowatt" means a unit of electrical power equal to one thousand watts.
"Mobile food vending unit" shall have the same meaning as set forth in section 89.03 of the New York city health code.
"Motor vehicle" means equipment that is propelled by an engine in or upon which a person or material may be transported on the ground.
"Odorous air contaminant" means any air contaminant that is released in sufficient concentrations to be detected by the human olfactory sense.
"Open air" means all the air available for human, animal, or plant respiration, but shall not include the air in equipment and private dwellings.
"Open fire" means any outdoor fire or smoke producing process wherein the products of combustion are emitted directly into open air and are not directed thereto through a stack, conduit, flue, duct, vent or similar device.
"Outdoor wood boiler" means a device designed to burn wood that is either located outdoors or is specified by the manufacturer for outdoor installation or installation in structures not normally occupied by humans, and is used to heat building space or water by means of gas or liquid heated in the device.
"Owner" means and includes the owner of the premises or lesser estate therein or mortgagee thereof, a lessee or an agent of any of the above persons, a lessee of the equipment or his or her agent, a tenant, operator, or any other person who has regular control of equipment or apparatus.
"Particulate" means any air or gas-borne material, except water, that exists as a liquid or solid. The quantity of particulates present in a stack shall be determined in accordance with emission testing methods as prescribed by the commissioner by rule. As used in this code, particulate matter shall have the same meaning as particulates.
"Peak shaving" means the practice of utilizing on-site generating capacity for use at a facility at the request of the primary electricity supplier, provided that peak shaving shall not include emergency generation when the usual sources of heat, power, and lighting are temporarily unavailable.
"Permissible emission rates" means the maximum rate in pounds per hour (lbs./hr.) at which air contaminants are allowed to be emitted to the open air.
"Person" means individual or partnership, company, corporation, association, firm, organization, governmental agency, administration or department, or any other group of individuals, or any officer or employee thereof.
"Portable" means (i) designed to be and capable of being carried or moved from one location to another, and (ii) not kept at one location for more than twelve consecutive months. Mechanisms indicating that an object is designed to be and capable of being carried or moved from one location to another include, but are not limited to, wheels, skids, carrying handles or platforms.
"Portable equipment" means equipment designed to be transported from place to place for temporary operation and to provide heat or hot water.
"Portable generator" means any internal combustion engine whose uses may include, but are not limited to, the generation of electric power, designed to be and capable of being carried or moved from one location to another.
"Process" means any industrial, commercial, agricultural or other activity, operation, manufacture or treatment in which chemical, biological and/or physical properties of the material or materials are changed, or in which the material(s) is conveyed or stored without changing the material(s) (where such conveyance or storage system is equipped with a vent(s) and is non-mobile), and which emits air contaminants to the outdoor atmosphere. A process does not include an open fire, operation of a combustion installation, or incineration of refuse other than by-products or wastes from processes.
"Professional certification" means certification by a professional engineer or registered architect who is licensed to practice engineering or architecture under section seven thousand two hundred two or seven thousand three hundred two of the education law.
"Professional engineer" means a person licensed and registered to practice the profession of engineering pursuant to the New York state education law.
"Refuse burning equipment" means equipment designed to burn biological materials from hospitals or crematoriums, waste material burned for the purpose of energy generation, or such other material as may be designated by the department by rule.
"Registered architect" is a person licensed and registered to practice the profession of architecture pursuant to the New York state education law.
"Registered design professional" means a professional engineer or registered architect.
"Registration" means a notification to the department of the use or operation of equipment that may result in the emission of an air contaminant.
"Renewable biomass" means crops and crop residue from existing agricultural land, tree residues, animal waste material and byproducts, slash and pre-commercial thinnings from non-federal forest land, biomass cleared from the vicinity of buildings and other areas to reduce the risk of wildfire, algae, and separated yard waste or food waste. Such term shall not include processed materials such as particle board, treated or painted wood and melamine resin-coated panels.
"Renewable fuel" means fuel produced from renewable biomass or captured from landfills or wastewater treatment.
"Residual fuel oil" means a fuel oil meeting the current definition of fuel oil grades No. 5 and 6 as classified by the ASTM standard D 396-12.
"Scrubber" means a control apparatus that uses water or other fluids to remove an air contaminant from an exhaust stream.
"Standard smoke chart" means the Ringelmann chart, as published by the United States bureau of mines, photographically reduced to 1/18th in size for use in the field.
"Stationary" means (i) not designed to be or capable of being carried or moved from one location to another, or (ii) kept at one location for more than twelve consecutive months.
"Stationary reciprocating compression ignition internal combustion engine" shall have the same meaning as set forth in 40 CFR § 60.4219.
"This code" means the air pollution control code.
"Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur content of no more than fifteen parts per million.
"Under-fired commercial char broiler" means a commercial char broiler that has a grill, a high temperature radiant surface, and a heat source that is located below the food.
"Water heater" means a boiler used to heat and store water.
"Wood burning heater" means any enclosed, permanently installed, indoor device burning pellets designed to be used primarily for aesthetic purposes.
"Work permit" means a permit issued for the installation or alteration of a device or apparatus.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2016/119, 10/18/2016, eff. 10/18/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/039.
Subchapter 2: General Provisions
(a) Subject to the provisions of this code, the commissioner may take such action as may be necessary to control the emission of any air contaminant that causes or may cause, by itself or in combination with other air contaminants, detriment to the safety, health, welfare or comfort of the public or to a part thereof, injury to plant and animal life, or damage to property or business. The commissioner may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this code. The commissioner may adopt such rules, regulations and procedures as may be necessary to effectuate the purposes of this chapter, including rules, regulations and procedures to establish fees and to authorize and encourage the development and use of environmentally beneficial technologies.
(b) The commissioner shall appoint an advisory committee, which shall include but need not be limited to representatives of the restaurant industry and related industries, representatives of the construction industry, representatives of the environmental protection and environmental justice communities, persons with expertise regarding the health effects of pollutants associated with cooking devices, and may include employees of the department and of other relevant city agencies. The city council may appoint a representative to serve on the committee. The committee shall provide advice and recommendations to the department relating to the development and use of emissions control technologies for commercial char broilers and shall assist the department in the development of rules regarding emissions control technologies. The commissioner shall consult with the committee regarding any proposed amendments of such rules. In the development of such rules the commissioner shall consider factors such as the availability and cost of proposed technologies.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
The commissioner may make or cause to be made any investigation or study that in his or her opinion is desirable for the purpose of enforcing this code or controlling or reducing the amount or kind of air contaminants. For such purposes, the commissioner may make tests, conduct hearings, compel the attendance of witnesses, and take their testimony under oath and may compel the production of books, papers and other things reasonably necessary to the matter under consideration.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) If the commissioner has reasonable cause to believe that any equipment or fuel is in violation of this code, the commissioner may order the owner of the equipment or fuel to conduct such tests as are necessary in the opinion of the commissioner to determine whether the equipment, its operation, or the fuel is in violation of this code, or whether material used in any manufacturing process is contributing to any violation of this code and to submit the test results to the commissioner within ten days after the tests are completed.
(b) Such tests shall be conducted in a manner approved by the commissioner. The test shall be certified by a laboratory acceptable to the commissioner. The entire test results shall be reviewed and certified by a professional engineer.
(c) The owner shall notify the commissioner of the time and place of a test at least seven days before the commencement of such test. Reasonable facilities shall be made available for the commissioner to witness the test.
(d) If in the opinion of the commissioner tests by the department are necessary, the commissioner may order the owner to provide (1) sampling holes at such points in the stack, conduit, flue, duct or vent, as the commissioner may reasonably request, to provide a power source suitable to the points of testing, and to provide allied facilities, exclusive of sampling and sensory devices, or (2) test ports for gas burning equipment. These provisions shall be made at the expense of the owner of the equipment. The owner shall be furnished with copies of the analytical results of the samples collected.
(e) If the results of tests conducted pursuant to this section show that the equipment or fuel is in violation of this code, the commissioner shall order the owner to cure the defect within thirty days.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) The department may inspect at any reasonable time and in a reasonable manner any equipment, apparatus, or fuel that affects or may affect the emission of an air contaminant including but not limited to the premises where the equipment, apparatus, or fuel is used, or where the fuel is stored, purchased, sold, or offered for sale for use in the city of New York.
(b) The department may inspect at any reasonable time and in a reasonable manner any record relating to a use of equipment or apparatus that affects or may affect the emission of an air contaminant, or relating to the use of fuel, or the distribution, storage or transportation of fuel for use in the city of New York.
(c) The department may, at any reasonable time and in a reasonable manner, obtain a sample of an air contaminant or any other substance used in a process that affects or may affect the emission of an air contaminant.
(d) If an authorized employee of the department obtains a sample of an air contaminant or any other substance used in a process that affects or may affect the emission of an air contaminant during the course of an inspection, he or she shall give to the owner of the equipment or fuel, prior to leaving the premises, a receipt for the sample obtained.
(e) No person shall refuse entry or access into a place of business or into the public areas of a multiple dwelling to an authorized employee of the department who presents appropriate credentials nor shall any person refuse entry or access into any other portion of a premises to an authorized employee of the department who presents appropriate credentials and a search warrant.
(f) The owner of every building, other than a one- or two-family dwelling, shall make the area where the heating system is located readily accessible to members of the department pursuant to the requirements of section 27-2033 of the code.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) No person shall cause or permit the following unless he or she has first registered with the department:
(1) The spraying of any insulating material in or upon any building or other structure during its construction, alteration or repair.
(2) The demolition of any building or other structure, or part thereof, unless the demolition of the building or structure is being conducted by or on behalf of a city agency pursuant to chapter one of title seventeen of the code or pursuant to an order issued by the department of buildings under article two hundred fifteen of chapter two of title twenty-eight of the code.
(3) The installation, alteration, use or operation of an individual boiler or water heater that has a heat input equal to or greater than three hundred fifty thousand Btu per hour but less than four million two hundred thousand Btu per hour.
(4) The installation, alteration, use or operation of any boilers, including water heaters, that are owned by the same person in a single building and would not individually require a registration or certificate of operation, if in the aggregate such boilers have a heat input equal to or greater than three hundred fifty thousand Btu per hour. Such boilers shall be registered together in a single registration.
(5) The use or operation of fuel burning equipment or portable equipment with a heat input equal to or greater than three hundred fifty thousand Btu per hour but less than four million two hundred thousand Btu per hour, except as otherwise provided in this section.
(6) The use or operation of any emergency generator that has an output equal to or greater than forty kilowatts.
(7) The use or operation of any portable generator with an output equal to or greater than forty kilowatts.
(8) The use or operation of a portable engine with an input equal to or greater than fifty horsepower but less than six hundred horse power, unless such engine is used to power self-propelled construction or landscaping equipment.
(9) The use or operation of a stationary generator, other than an emergency generator, with an output equal to or greater than forty kilowatts but less than four hundred fifty kilowatts.
(10) The use or operation of a stationary engine with an input of equal to or greater than fifty horsepower but less than six hundred horsepower.
(11) The use or operation of an engine with an input equal to or greater than fifty horsepower that is used exclusively at a construction site, unless such engine is used to power self-propelled construction or landscaping equipment.
(12) The use or operation of equipment with an environmental rating of C that produces a flow rate equal to or greater than one hundred standard cubic feet per minute but less than two thousand standard cubic feet per minute.
(13) The use or operation of a cogeneration system that has a total input equal to or greater than three hundred fifty thousand Btu per hour but less than four million two hundred thousand Btu per hour.
(14) The installation, use or operation of any flare.
(15) The installation, use or operation of any gasoline dispensing station.
(16) The installation, alteration, use or operation of any commercial char broiler.
(17) Any other emission source or activity not listed in paragraphs one through sixteen of this subdivision that the commissioner requires by rule to be registered with the department, provided that the commissioner shall not require by rule the registration of an engine used to propel a motor vehicle or any emission source or activity located in a one- or two-family dwelling.
(b) Registration shall not be required for any fuel burning equipment for which a certificate of operation is required pursuant to subchapter four of this code.
(c) Registration shall be filed on forms prescribed by the department.
(1) An application for the registration of any boiler shall include documentation that the boiler has passed a combustion efficiency test. The commissioner shall specify by rule the requirements for such test.
(2) (i) An application for the registration of any generator shall include documentation that the generator has passed a smoke test performed in accordance with the procedures set forth in "Method 9 - Visual determination of the opacity of emissions from stationary sources," Appendix A-4 to 40 CFR part 60, or documentation in the form of certification by a professional engineer or registered architect that a stack test has been performed in accordance with the rules of the department.
(ii) The department may require that any portable generator being registered for the first time be made available for a smoke test to be conducted by the department before the application for registration will be processed. If the department conducts such smoke test, the documentation required in subparagraph (i) of this paragraph shall not be required.
(iii) The requirements of this paragraph shall not apply to any newly installed generator that is being registered for the first time and that is equipped with an engine certified to the tier four emissions standards established by the United States environmental protection agency as set forth in table one of 40 CFR § 1039.101 or to any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent, provided that the requirements of this paragraph shall apply to such generator upon renewal of such registration.
(d) Registration shall be filed by the following persons:
(1) In the case of registration pursuant to paragraph one of subdivision (a) of this section, by the contractor responsible for the spraying of the insulating material.
(2) In the case of registration pursuant to paragraph two of subdivision (a) of this section, by the contractor responsible for the demolition activity.
(3) In the case of registration pursuant to any other paragraph of subdivision (a) of this section, by the owner of the equipment or his or her authorized agent.
(e) After a registration has been approved, the department shall return an approved copy to the registrant. The approved copy shall be displayed in accordance with section 24-113 of this subchapter.
(f) Any registrant, except a registrant of equipment described in paragraphs seven or eight of subdivision (a) of this section, shall notify the department within fifteen days of any change in the information submitted in the registration. If the change in information relates to a change in ownership of the equipment then the new owner shall notify the department of the change.
(g) Registrations shall be valid for up to three years from the date of approval, unless cancelled by the department. Registrations shall be renewed in a timely manner prior to expiration. A registration that has been expired for a period of one year or more shall be considered cancelled by the department. Applications for registration renewals shall be submitted on a form prescribed by the department.
(h) The application for a registration of new equipment shall indicate whether the new equipment is replacing existing registered equipment. The existing registration shall be cancelled upon registration of the new equipment.
(i) The registrant shall notify the department when removing registered equipment, and the registration shall be cancelled upon such notification.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
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