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(a) Definitions. As used in this section:
"New" means installed on or after the effective date of the local law that added this section.
"Existing" means installed before the effective date of the local law that added this section.
"Week" means a period of seven consecutive days starting on Sunday, unless a different start day is specified in the registration filed pursuant to section 24-109 of this code.
(b) No person shall operate any new commercial char broiler or any existing chain-driven commercial char broiler to cook more than eight hundred seventy-five pounds of meat, including but not limited to beef, lamb, pork, poultry, fish, or seafood, per week unless such commercial char broiler is equipped with an emissions control device that meets the requirements of the rules of the department.
(c) On or after January 1, 2018, the commissioner may promulgate rules regulating emissions from: existing chain-driven commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week or existing under-fired commercial char broilers.
(d) On or after January 1, 2020, the commissioner may promulgate rules regulating emissions from new commercial char broilers used to cook eight hundred seventy-five pounds or less of meat per week.
(e) The operator of a commercial char broiler shall maintain records regarding the dates of installation, replacement, cleaning, and maintenance of any emissions control device. Such records shall be made available to the department upon request.
(f) The operator of a commercial char broiler that is not equipped with an emissions control device that meets the requirements of the rules of the department shall maintain records showing the amount of meat purchased per month. There shall be a presumption that all meat purchased in a given month was cooked on a commercial char broiler. The records required pursuant to this subdivision shall be maintained for not less than one year and shall be made available to the department upon request.
(g) Notwithstanding any other provision this section, where a facility uses more than one commercial char broiler to cook meat, the amount of meat cooked per week shall be calculated for the purposes of this section based on the total amount of meat cooked on all commercial char broilers at the same facility.
(L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) Definitions. As used in this section:
"New" means installed on or after the effective date of the local law that added this section.
"Existing" means installed before the effective date of the local law that added this section.
(b) No person shall use a new cook stove for the preparation of food intended for on-site consumption or retail purchase without the use of an emission control device for odors, smoke and particulate matter that meets the requirements for such system as established by the rules of the department.
(c) No person shall use an existing cook stove unless such cook stove is in compliance by January 1, 2020, with the requirements for control systems established by the commissioner pursuant to subdivision (b) of this section.
(L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
(a) Any stationary reciprocating compression ignition internal combustion engine that is required to obtain a certificate of operation pursuant to section 24-122 of this code for the first time on or after January 1, 2018, shall be equipped with an engine certified to the tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 60.4201 or to any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent.
(b) On or after January 1, 2025, the certificate of operation for a stationary reciprocating compression ignition internal combustion engine will be renewed only if the owner or operator of such engine can demonstrate in accordance with department rules that the engine meets the tier four emissions standards established by the United States environmental protection agency as set forth in 40 CFR § 60.4201 or any subsequent United States environmental protection agency emissions standard for such engine that is at least as stringent.
(c) The owner or operator of a stationary reciprocating compression ignition internal combustion engine may apply to the commissioner for additional time to comply with the requirements subdivision (a) or (b) of this section. If the owner or operator can show that the timeframes set forth in subdivision (a) or (b) of this section would constitute an undue hardship, the commissioner may enter into a compliance agreement with the owner or operator. In determining whether the owner or operator has demonstrated undue hardship pursuant to this subdivision, the commissioner may consider whether there is a showing of financial hardship, public necessity, or other emergency condition that would make compliance with the requirements of this section impracticable.
(d) This section shall not apply to any emergency stationary internal combustion engine, as such term is defined in 40 CFR § 60.4219, or to any emergency stationary reciprocating internal combustion engine, as such term is defined in 40 CFR § 63.6675.
(L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
Editor's note: former § 24-150.1 was renumbered 24-139; see L.L. 2015/038 §12, 5/6/2015, eff. 5/6/2016.
(a) No person shall cause or permit the installation or use of any device or use of any means which, without resulting in a reduction in the total amount of air contaminant emitted, conceals an emission of the air contaminant which would otherwise violate subchapter six of this code.
(b) No person shall cause or permit the installation or use of any device or use of any means designed to mask the emission of an air contaminant which causes or may cause detriment to the health, safety or welfare of any person.
(a) If any control apparatus required by this code is or will be inoperative for more than six hours, the commissioner shall be provided with a repair and resumption schedule for his or her approval by the owner of the equipment.
(b) Whenever the emission of an air contaminant, which emission constitutes a violation of any provision of this code, occurs as a result of, malfunction, breakdown or removal from service of equipment or apparatus, the owner of the equipment from which the emission of an air contaminant occurs shall report the emission of the air contaminant and its attendant circumstances to the commissioner not later than thirty minutes from its discovery. The report shall be confirmed in writing, in a form prescribed by the commissioner not later than three days thereafter.
(c) An owner of such equipment shall not continue it in operation during any malfunction, breakdown, or shutdown of the equipment or of the apparatus which serves the equipment, except with the express permission of the commissioner. Such permission shall be given only as may be necessary to protect the public health and safety. This subdivision shall not apply where the emission of air contaminant is of a type or within the limits permitted by this code.
(d) This section shall not apply to refuse compacting equipment and fuel burning equipment that primarily serves residents of a building or structure that is occupied in whole or in part as the residence of one or more persons, or that is occupied for transacting business, for rendering professional services, or for rendering public or civic services.
(e) Whenever the commissioner shall determine that equipment, for which a certificate of operation is required by this code, may emit or be capable of emitting dangerous or odorous air contaminants, either as a result of a malfunction or breakdown of such equipment or as a result of a malfunction or breakdown of the apparatus which serves such equipment, the commissioner may require the owner of such equipment to file with the department an acceptable emergency action plan. The emergency action plan shall detail all activity that will be taken to prevent or control emissions resulting from a malfunction or breakdown.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
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