Emission Controls for Existing Underfired Charbroilers: A Guide to NYC DEP Compliance

Underfired charbroilers are common fixtures in restaurants across New York City, but they’re also major sources of fine particulate matter (PM) pollution. To combat this, the NYC Department of Environmental Protection (DEP) has adopted new emissions control rules for existing underfired charbroilers—those installed before May 6, 2016. These rules, codified as 15 RCNY Chapter 64, are part of a broader effort to improve air quality and public health in the five boroughs.

If you’re a restaurant owner, design professional, or contractor, understanding and complying with these rules is essential. This post breaks down the DEP’s new requirements, outlines effective strategies for compliance, and explains how they relate to previously adopted emissions control regulations under 15 RCNY Chapter 62.

DEP estimates that commercial charbroilers emit up to 4,000 tons of PM per year, contributing to respiratory illnesses and premature deaths. In fact, PM emissions from charbroilers were linked to 400 premature deaths annually between 2005 and 2007. By installing emission control devices, restaurants can significantly reduce their environmental impact—and avoid penalties.

Who Must Comply

If you operate an existing underfired charbroiler in NYC that cooks more than 875 pounds of meat per week, you must install an emissions control device that complies with RCNY 15 Chapter 64.

There are two primary compliance pathways:

1. Demonstrate a 75% reduction in PM emissions, or

2. Demonstrate PM emissions do not exceed 10 mg/m³ after control.

Key Definitions

• Underfired Charbroiler: A grill where the heat source is located beneath the food.

• PM 10: Particulate matter with a diameter of 10 micrometers or less.

• Emissions Control Device: Equipment such as electrostatic precipitators, wet scrubbers, or filtration systems designed to reduce PM emissions.

• Existing: Equipment installed before May 6, 2016.

Approved Emissions Control Technologies

The NYC DEP allows only specific emissions control technologies for underfired charbroilers to ensure consistent and reliable reductions in PM emissions. Understanding how these systems work, what’s involved in their installation, and how to properly maintain them is essential for achieving long-term compliance under 15 RCNY Chapter 64.

1. Electrostatic Precipitators (ESPs)

How They Work: ESPs use an electrical charge to remove particles from the airstream. Smoke and grease-laden air passes through ionizing wires, which charge the particles. These charged particles are then captured on oppositely charged collection plates.

Installation Considerations:

• Must comply with UL 867 or UL 8782.

• FDNY approval required due to the use of high-voltage components.

• Typically installed in the hood plenum or in the ductwork before the exhaust fan.

• Requires a dedicated electrical circuit and proper clearances for service access.

• May require duct modifications and integration with fire suppression systems.

Operation:

• Operates continuously during cooking.

• Most units include control panels to monitor function and fault alarms.

• ESPs may include automated wash cycles or need manual disassembly for cleaning.

Maintenance:

• Weekly to monthly cleaning of ionizer wires and collector plates is typically required.

• Non-compliance with cleaning schedules can severely reduce efficiency and cause fire hazards.

• Keep logbooks of cleaning and maintenance for DEP inspection.

2. Wet Scrubber Systems

How They Work:Wet scrubbers capture particulate matter by forcing the air stream through a mist of water or cleaning solution. The PM particles collide with water droplets and are removed from the airstream, collecting in a sump or filter.

Installation Considerations:

• Must comply with UL 1978 (Standard for Grease Ducts).

• Requires a drainage system to dispose of wastewater—often connected to a grease interceptor.

• Needs proper water supply and pump system to circulate scrubbing liquid.

• Usually installed in mechanical rooms or rooftop enclosures due to their size.

Operation:

• Requires constant water flow and proper water pressure.

• Some systems use chemical additives to neutralize grease or enhance collection efficiency.

• May include monitoring sensors to measure pressure drop or flow rate.

Maintenance:

• Daily inspection of water level and pump operation.

• Weekly cleaning of spray nozzles and sump tank.

• Periodic replacement of nozzles or pump components due to scale buildup or grease fouling.

3. Air Filtration Devices

How They Work:These systems use physical filters to trap smoke, grease, and particulate matter. The setup usually includes a multi-stage filtration process—with pre-filters, HEPA or high-efficiency media filters, and activated carbon filters for odor control.

Installation Considerations:

• Must comply with UL 1978 if located in or near the ductwork.

• Typically modular and can be installed above ceiling space, in duct runs, or rooftop enclosures.

• Must be accessible for filter changes and maintenance.

Operation:

• Runs continuously with kitchen exhaust.

• Includes a pressure differential monitor to indicate when filters are clogged.

• Odor control options (e.g., carbon filters) must be sized correctly for cooking volume and exhaust airflow.

Maintenance:

• Pre-filters: cleaned or replaced every 2–4 weeks depending on usage.

• Main filters: replaced quarterly to semi-annually.

• Maintain documentation showing filter replacement intervals and system pressure readings.

4. DEP-Approved Alternative Technologies

These include technologies not explicitly listed above but reviewed and approved by the DEP based on demonstrated performance.

Examples may include:

• Hybrid systems combining ESPs with filters.

• Advanced ceramic or catalytic filtration units.

• Proprietary devices designed for high-volume kitchens.

Installation, operation, and maintenance for these vary based on the system type, but DEP approval typically requires third-party testing or manufacturer certification showing compliance with PM emission limits.

Compliance Pathways

You have two options for demonstrating compliance:

1. Certified Devices

• Use a DEP- and FDNY-approved emissions control device from the certified list. No further testing is needed if using certified equipment.

2. Field Testing

If using a non-certified device:

• Hire a licensed professional engineer or registered architect.

• Conduct field testing to show:

  • ≥75% PM reduction, or

  • PM ≤ 10 mg/m³ at the stack/discharge point.

Testing must follow EPA Method 5 or SCAQMD Method 5.1 using properly equipped ports and equipment.

Variance and Hardship Provisions

If technical or financial reasons prevent installation of a compliant device, owners must submit a licensed assessment to DEP within 1 year of the rule’s effective date.

The assessment must include:

• Technical limitations

• Financial limitations

• Feasibility of achieving at least 25% PM reduction

If no viable control option is possible, a variance petition under NYC Administrative Code §24-110 must be filed.

Maintenance and Recordkeeping

Once installed, emissions control devices must be:

• Maintained regularly

• Inspected as per manufacturer recommendations

• Tested for performance (if non-certified)

• Documented with records available upon DEP request

Effective Strategies for Compliance with Emission Controls for Existing Underfired Charbroilers

Here are some practical steps to meet the new DEP requirements:

1. Assess Your Weekly Meat Volume: If you cook over 875 lbs/week, compliance is mandatory.

2. Review the Certified Devices List: This is the simplest path.

3. Work with a PE or RA: Especially for custom or site-specific configurations.

4. Plan for Maintenance: Create a recurring schedule for inspections and cleaning.

5. Budget for Compliance: Many devices qualify for energy efficiency or clean air grant programs.

Navigating the complexities of NYC DEP environmental regulations requires more than just awareness—it demands expert interpretation and tailored engineering solutions. At BUILT Engineers, we specialize in helping building owners, restaurant operators, and contractors meet New York City's evolving air quality and emissions requirements. Our team brings deep regulatory knowledge, mechanical system expertise, and field experience to streamline compliance from initial assessment through documentation and installation.

Need help evaluating your current setup or planning compliant upgrades? Contact us today for a consultation and let our team ensure your facility remains safe, efficient, and regulation-ready.