(a) No person shall operate an existing cook stove that was installed prior to May 6, 2016, without hiring a professional engineer or registered architect licensed under Sections 7202 or 7302 of the Education Law to conduct and submit a feasibility analysis of installing an Emissions Control Device as set forth in this section to reduce such cook stove’s total PM emissions by 75 percent or more. The feasibility analysis must detail the Emission Control Devices, if any, that can be installed be submitted to the Department within one year of the effective date of this rule. A feasibility analysis is not required if an emission control device that is on the Fire Department’s and the Department’s approved list of emission control devices found at: https://www.nyc.gov/assets/fdny/downloads/pdf/business/coa-pcus-and-air-cleaners.pdf and https://www.nyc.gov/assets/dep/downloads/pdf/air/approved-cook-stove-technology.pdf is installed.
(b) Except as otherwise provided in this section, if the assessment submitted pursuant to subdivision (a) of this section determines that one or more Emission Control Devices can be installed to reduce an existing cook stove’s total PM emissions by 75 percent or more, the Emission Control Device, or Emission Control Devices if more than one is required, must be installed within 180 days of the date on which such assessment is submitted to the Department. Any Emission Control Device that is installed must be certified by the Department in accordance with 15 RCNY § 62-07 and installed in accordance with the requirements of this chapter.
(c) If the assessment submitted pursuant to subdivision (a) of this section concludes that one or more Emission Control Devices can be installed to reduce an existing cook stove’s total PM emissions by at least 25 percent but less than 75 percent, such assessment must describe the Emissions Control Devices that can be installed to achieve such reduction, and such Emissions Control Devices shall be installed prior to operation of the cook stove in accordance with the requirements of this chapter. After installation of such Emission Control Devices, the operator must conduct another assessment in accordance with subdivision (a) of this section within two years of the date on which the Emission Control Devices were installed to determine if additional Emission Control Devices can be installed to reduce such existing cook stove’s total PM emissions by at least 75 percent.
(d) If the assessment concludes that no Emission Control Device can be installed on an existing cook stove or that any Emission Control Devices that can be installed cannot achieve a reduction of the existing cook stove’s total PM emissions by at least 25 percent, the assessment must include an explanation for this conclusion, and the applicant must submit a variance petition in accordance with the procedures set forth in § 24-110 of the Administrative Code of the City of New York.
(Added City Record 10/27/2023, eff. 4/27/2024)