§ 873.1321. Air Quality; fuel composition and use; prohibitions.

1.

No person shall construct, install or modify or cause to be constructed, installed or modified any combustion installation that is designed for use of a solid fuel containing 0.20 pound of sulfur per million Btu's gross heat content, except as may otherwise be provided for in the Environmental Conservation Law or the rules and regulations promulgated pursuant thereto.

2.

No solid fuel that contains more than 0.20 pound of sulfur per million Btu's gross heat content shall be sold, offered for sale or purchased for use in or used in any stationary combustion installation except as may otherwise be provided for in the Environmental Conservation Law or the rules and regulations promulgated pursuant thereto.

3.

No person shall sell, offer for sale or purchase for use in or use in any stationary air contamination source fuel, other than distillate and residual oil, having a sulfur content greater than 0.37 percent by weight, except as may otherwise be provided for in the Environmental Conservation Law or the rules and regulations promulgated pursuant thereto.

4.

No waste fuel shall be offered for sale or purchased for use in any stationary air contamination source except upon prior written approval of the commissioner.

5.

On and after July 31, 2018, the use of fuel oil grade no. 6, as classified by ASTM Standard D396-15c, in any stationary combustion installation operated in the County of Westchester shall be prohibited.

6.

On and after July 31, 2020, the use of fuel oil grade no. 4, as classified by ASTM Standard D396-15c, in any stationary combustion installation operated in the County of Westchester shall be prohibited.

7.

The Commissioner may, on written application and after review, grant a one-time variance from a specific provision of subsections 5 and/or 6 of this section, subject to any appropriate conditions and including a time schedule for compliance, when such variance is in harmony with the general purposes and intent of this article and when there are significant practical difficulties or unnecessary hardship in complying with such provision. Variances may only be granted under one or more of the following significant practical difficulties:

a.

Delays caused by the energy company.

b.

Delays in obtaining financial assistance that are not due to actions or inaction of the building owner.

c.

Delays caused by the permitting process of the local municipality.

d.

If, in the course of complying with subsections 5. and/or 6. of this section, an oil leak has occurred which requires significant cleanup.

(Added 5-28-1987, eff. 5-28-1987; L.L. No. 5-2016, § 2 )