Building & Construction Emissions - DEP

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Building & Construction Emissions

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Building & Construction Emissions

Emissions from buildings and construction are a substantial source of air pollution in New York City. As our city continues to grow we need to make certain that the buildings we build and live in are operating in ways that support our quality of life. If you would like general Air Quality Information, visit Air Quality.

Visit the Clean Air Tracking System (CATS).

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Commercial Char Broilers and Cook Stoves

Commerical Char Broilers

Commercial char broilers throughout the five boroughs emit an estimated 1,400 tons of particulate matter per year. The Department of Health and Mental Hygiene estimates that those emissions contributed to more than 12% of PM2.5-attributable premature deaths annually in 2005 to 2007 or 400 deaths per year in that period; if all commercial char broilers had been equipped with control technology, the reduction in ambient PM2.5 concentrations could have prevented nearly 350 of these premature deaths each year.

Pursuant to the Commissioner’s authority set forth in Section 24-105 of the Air Code to control the emission of air contaminants, for site specific testing, emissions below an upper limit of 10 mg/m3 of Particular Matter (PM) will be accepted as a demonstration of compliance with 15 RCNY Chapters 37, and 38 and 62. This compliance standard is an alternative to achieving a 75% reduction in PM. Proof of compliance with either standard is acceptable.

View the Commercial Char Broilers Rule

Download the Commercial Char Broiler Certification Form

Download the Approved Under Fired Technology

The Char Broiler Registration Instructions for Online Filing are available for download in: English, Español, 简体中文, русский, Kreyòl ayisyen, 한국어, বাংলা, Polski, العربية, Français, اردو.

Commercial Cook Stoves

Cook stoves used at food service establishments must be equipped with an emission control device for odors, smoke and particulates that meets the requirements established by DEP. This rule will reduce particulate matter released into the environment, which is a known cause of asthma and other respiratory complications.

View the Commercial Cook Stove Rule

View the Adopted Rule for Existing Commercial Cook Stoves that were in existence prior to May 2016

Download the Approved Commercial Cook Stove Technology

Download the Commercial Cook Stove Certification Form

Form to Determine if Your Cooking Equipment Must Get Registered with DEP

Fill out my online form.

Resources and Funding

To assist restaurants in complying with DEP’s emission control regulations, the following resources and funding may be available to restaurants:

The NYC Business Express Service Team (BEST) initiative can assist with coordination of permitting and finding a feasibility analysis provider as well as assist with small business loan application process.

The NYC MyCity Business Site can also provide assistance in obtaining financing. Businesses can access free assistance to apply to available loan and grant resources, including federal, state, local, and private funds.

The NYC Department of Small Business Services (SBS) can assist with small business loans.

The Greater New York Chamber of Commerce, for loans, grants, marketing, educational, legal and business assistance.

The NYC Small Business Resource Network can assist with financial and professional services sectors, as well as universities, philanthropies and expert volunteers to help small business owners gain access to a range of programs and services.

If your organization provides resources or funding programs suitable for assisting restaurants and would like to have a link on this page, please contact cookingequipment@dep.nyc.gov.

Disclaimer: Some of these links are not City websites. Please be advised that the NYC Department of Environmental Protection assumes no responsibility or liability for any errors or omissions in the content of the resources seen here. This information is provided here as a courtesy and holds no guarantee as to the accuracy, usefulness, or timeliness of these funds and grants.

Dry Cleaning

We require dry cleaners to post a notice that informs the public of the the chemicals they use in the dry cleaning process.
Download the Guide to Requirements for Dry Cleaners
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PERChloroethylene Compliance Requirements and Data Sheets

PERChloroethylene (PERC) is a chemical used in the dry cleaning process that if ingested can adversely affect human health. DEP has regulations and permitting requirements for New York City Dry Cleaners (15 RCNY 12-01 et seq.) that set forth the primary permits and other compliance requirements for existing and new dry cleaners. New dry cleaning machines should not operate in residential buildings and existing dry cleaning operations shall stop cleaning with PERC or move to non-residential buildings by 2020.

Dry cleaning establishments that use PERC in their cleaning process are required to post a notice (8½ x 11) that includes the name of the store, the manufacturer of the PERC product (examples: Dow Chemical, Vulcan Chemicals), as well as their DEP air permit number and Right To Know ID number. If your dry cleaning process uses both PERC and non-PERC chemical methods you are required to post a PERC and Non-PERC notice.

Download the PERC Posting Notice

PERChloroethylene Material Safety Data Sheets

Safety Data Sheets for Perchloroethylene dry cleaning solvents:

Download the Acros Co. Material Safety Data Sheet

Download the Ashland Co. Material Safety Data Sheet

Download the Dow Co. Material Safety Data Sheet

Download the Fisher Co. Material Safety Data Sheet

Download the Mallinckrodt Co. Material Safety Data Sheet

Download the PPG Material Safety Data Sheet

Download the Safety Kleen Co. Material Safety Data Sheet

Download the Vopak Co. Material Safety Data Sheet

Download the Vulcan co. Material Safety Data Sheet

Non PERC Chemicals Compliance Requirements and Data Sheets

Dry Cleaning establishments using non-PERC chemicals are required to post a notice (8½ x11) that includes the name of the store; the primary chemical substance used in the cleaning process, as well as the DEP air permit number (if applicable), and any Right To Know (RTK) ID number if the facility files under the RTK Law. The notice only requires the commercial brand name of the primary chemical used (examples: DF2000 Fluid; Green Earth SB-32).

If your dry cleaning process uses both PERC and non-PERC chemical methods you are required to a PERC and Non-PERC notice.

Download the Non-PERC Posting Notice

Non-PERChloroethylene Material Safety Data Sheets

Safety Data Sheets for all NY State Department of Environmental Conservation approved alternative dry cleaning solvents:

Download the Carbon Dioxide Liquid (Airgas) Safety Data Sheet

Download the DF-2000 Fluid (ExxonMobil) Safety Data Sheet

Download the ECOSOLV Dry Cleaning Fluid (Chevron Phillips) Safety Data Sheet

Download the GE Silicones SB-32 Green Earth Cleaning Safety Data Sheet

Download the LPA-142 Solvent (SASOL Chemicals) Safety Data Sheet

Download the Rynex-3 Dry Cleaning Solvent (Equinox Chemicals & Rynex Technologies) Safety Data Sheet

Download the Rynex-3 Dry Cleaning Solvent (Rynex Technologies) Safety Data Sheet

Download the Shin-Etsu Silicones of America GEC-5 Green Earth Cleaning Safety Data Sheet

Download the Solvair Start-up Fluid (R.R. Street & Co.) Safety Data Sheet

Download the SolvonK4 (Chemische Fabrik Kreussler) Safety Data Sheet

Heating Oil

New Yorkers burn more than 1 billion gallons of heating oil every year which accounts for nearly 14% of fine particulate matter pollutants emitted into our air; more PM2.5 emissions than all cars and trucks in the city combined.

Heating Oil Rules, Forms, and Fact Sheets

Fine particulate matter contains many pollutants that are associated with respiratory and cardiac diseases. The City published a rule that requires all boilers in New York City burn low sulfur Number 2 oil or natural gas. Low sulfur Number 2 oil—a new class of fuel created by state law—contains only 15 ppm of sulfur, compared to 3,000 ppm incurrent Numbers 4 and 6 heating oil. Upon full implementation, these regulations will reduce the number of fine particles emitted from heating buildings by at least 63%. They could lower the overall concentration of fine particles in the city’s air from all sources by 5%. We estimate that these air quality improvements could prevent approximately 200 deaths, 100 hospitalizations, and 300 emergency room visits for illnesses caused by air pollution each year. The regulations will also reduce carbon dioxide by approximately one million metric tons.

Download Information about Local Law 97 Requirements

Download the Compliance Agreement

Download the Local Law 43—Biodiesel Fuel Requirement

Download the Interpretive Memo Use of Heating Oil Remaining in Tanks

Download the Sample Calculation Sheet

Download the Fuel Grade Choice Fact Sheet

Download the Assessment of New York City Natural Gas Market Fundamentals and Life Cycle Fuel Emissions

Construction Dust and Debris

Dust and debris from construction can become airborne and exacerbate respiratory illnesses and cause damage to surrounding property. DEP oversees dust control and has issued rules to prevent dust emissions from construction related activities.

Construction Dust Rules

DEP advertises best management practices to control the emission of dust from construction related activities. Section 24-146(c) of the New York City Administrative Code states, in summary, that no person shall cause or permit a building or road to be constructed without taking such cautions as may be ordered by the commissioner to prevent particulate matter from becoming airborne. Subsection (f) of the Code states that demolition by toppling of walls shall not occur except when approved by the commissioner. Read together, the two sections of the Code require the commissioner of DEP to promulgate rules to control dust during construction or demolition.

Download the Final Rules to Control Dust During Construction or Demolition

Dust Plan Mitigation Form

All persons constructing or operating a large article, machine, device, equipment, such as a rock crusher, or other contrivance or facility capable of causing or permitting emission of dust into the atmosphere at a construction site shall keep on site a document detailing such equipment. Information provided on this document shall include the ownership, location, design, make and model, operation, i.e. how does it operate, as well as any other pertinent information requested by the Department. In addition, the measures utilized to reduce dust emissions resulting from the use of these items as set forth in 15 RCNY 13-01 et seq. shall be clearly outlined. This document shall be attached as an addendum sheet to the Noise Mitigation Plan prepared pursuant to Section 24-220 of the Noise Code.

Download the Dust Plan Mitigation Form