NYCDEP Rules for Emission Testing of Generators

Posted on September 9, 2016

All Generators with an output of 40-kw or more must pass a stack test or smoke test

NYCDEP LogoThe New York City Department of Environmental Protection (NYCDEP) is proposing new rules that establish requirements for stack tests and smoke tests to measure smoke emissions from generators with an output of 40 kilowatts or more.  Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York. It defines required procedures that a Professional Engineer or Registered Architect must follow in order to certify that any generator with an output of 40 kilowatts or more has passed a stack test or smoke test.

backup_generatorDetails of the rule are as follows:

  • Testing requirements will not apply to newly installed generators being registered for the first time if that engine meets Tier IV Particulate Matter (PM) emission standards established by the United States Environmental Protection Agency (USEPA) as set forth in Table 1 of Section 1039.101 of Title 40 of the Code of Federal Regulations (40 CFR).
  • In accordance with the Administrative Code of the City of New York, Section 24-109(c)(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 Appendix A-4 to 40 CFR Part 60: “Method 9 – Visual determination of the opacity of emissions from stationary sources.”
  • Alternatively, in order to demonstrate that the PM emissions from the stack of the generator meet the Tier IV PM emission standard, documentation in the form of certification by a Professional Engineer or Registered Architect that a stack test has been performed in accordance with EPA Method 5, titled “Determination of particular matter from stationary sources,” as set forth in Appendix A-3 to 40 CFR Part 60.
  • emergencypowergeneratorEmergency generators are also required to pass a smoke test conducted by a qualified observer in accordance with EPA Method 9 (40 CFR Part 60, Appendix A-4) or a stack test in accordance with EPA Method 5 (40 CFR Part 60, Appendix A-3). Proof of the smoke test or stack test must be submitted to the Department with the registration.
  • For generators that require a Certificate of Operation under Section 24-122 of the Administrative Code of the City of New York (those with an output of 450 kilowatts or more), proof that the generator passed either a stack test using EPA Method 5 or a smoke test using EPA Method 9 must be submitted to the Department with the application for a work permit.
  • Records of tests required by this rule shall be maintained by the equipment owner for five years.

To help you make an informed decision about this new rule, now is the time to call and arrange for an initial confidential, no-cost, and no obligation consultation.

Thomas P. Fox, P.G.                                         Patricia B. Cunningham, P.E.

Vice President                          or                     Environmental Engineer

(516) 364-9890 x 3068                                     (516) 364-9890 x 3061

tfox@db-eng.com                                             pcunningham@db-eng.com