Section 24-168
§ 24-168 Use of proper fuel in fuel burning equipment. (a) No person
shall cause or permit the use of a kind or grade of fuel in fuel burning
equipment which is not designed to burn that kind or grade of fuel.
Nothing in this subdivision shall be construed to prohibit the use of
bioheating fuel in equipment that may be adapted for such use.
(b) No person shall cause or permit the burning of refuse material in
fuel burning equipment unless the equipment is designed to burn refuse
material.
Section 24-168.1
§ 24-168.1 Clean heating oil. (a) Definitions. For the purpose of this
section, the following terms shall have the following meanings:
(1) "Biodiesel" shall mean a fuel, designated B100, that is composed
exclusively of mono-alkyl esters of long chain fatty acids derived from
feedstock and that meets the specifications of the American Society of
Testing and Materials designation D 6751-09a.
(2) "Bioheating fuel" shall mean a fuel comprised of biodiesel blended
with petroleum heating oil that meets the specifications of the American
Society of Testing and Materials designation D 396-09a or other
specifications as determined by the commissioner.
(3) "District steam system" shall mean a system for the production of
steam and for its transmission and distribution through underground
pipelines to multiple buildings.
(4) "Emergency generator" shall mean a machine or device that combusts
fuel to create electricity and that is used for the purpose of providing
backup power in the event of a general interruption in electrical
service.
(5) "Feedstock" shall mean soybean oil, oil from annual covercrops,
algal oil, biogenic waste oils, fats or greases, or non-food grade corn
oil, provided that the commissioner may modify the definition of
feedstock based on the vegetable oils, animal fats or cellulosic biomass
listed in table 1 of 40 C.F.R. § 80.1426.
(6) "Heating oil" shall mean oil refined for the purpose of use as
fuel for combustion in a heating system and that meets the
specifications of the American Society of Testing and Materials
designation D 396-09a or other specifications as determined by the
commissioner.
(7) "Heating system" shall mean a system that generates heat, hot air,
hot water or steam by combustion and distributes it within a building.
(8) "Renewable biomass" shall mean crops and crop residue from
existing agricultural land, tree residues, animal waste material and
byproducts, slash and pre-commercial thinnings from non-federal forest
lands, biomass cleared from the vicinity of buildings and other areas to
reduce the risk of wildfire, algae, and separated yard waste or food
waste. Such term shall not include processed materials such as particle
board, treated or painted wood, and melamine resin-coated panels.
(9) "Renewable fuel" shall mean fuel produced from renewable biomass.
(b) (1) After October 1, 2012, no person shall cause or permit the use
in any building in the city or deliver to any building in the city for
use in such building, heating oil that is fuel oil grade no. 2, no. 4 or
no. 6 containing less than two percent biodiesel by volume. The
provisions of this subdivision shall not apply to the use or delivery of
heating oil for use in an emergency generator or for use in a boiler
where heating oil from a dual-use tank supplies both such boiler and an
emergency generator.
(2) The commissioner may authorize the use of any renewable fuel in
heating systems if he or she determines that such fuel meets an
applicable American Society for Testing and Materials standard or other
standard as determined by the commissioner, and the emissions from such
fuel contain equal or lesser amounts of particulate matter, sulfur
dioxide and nitrogen oxides than the emissions from fuel oil grade no.
2.
(c) The commissioner may waive the requirements of paragraph 1 of
subdivision b of this section in accordance with the provisions of this
subdivision.
(1) A waiver may be issued for a particular type of boiler or fuel if
the commissioner finds that:
(i) a sufficient quantity of bioheating fuel containing two percent
biodiesel is not available in the city for that boiler type;
(ii) the price of available bioheating fuel for that boiler type is at
least fifteen percent more than the price of a comparable fuel oil grade
of one hundred percent petroleum heating oil;
(iii) the use of bioheating fuel would void the manufacturer's
warranty for that boiler type; or
(iv) there is no applicable American Society of Testing and Materials
standard or other standard as determined by the commissioner to govern
the specification of the bioheating fuel for purposes of receiving bids
and enforcing contracts.
(2) Any waiver issued pursuant to subparagraph (i) or (ii) of
paragraph 1 of this subdivision shall expire after three months, unless
renewed in writing by the commissioner.
(3) Any waiver issued pursuant to subparagraph (iii) or (iv) of
paragraph 1 of this subdivision shall expire after six months, unless
renewed in writing by the commissioner.
(4) A waiver may be issued for a specific district steam system if the
commissioner finds based on documentation submitted by the applicant,
including but not limited to a report certified by a professional
engineer, that compliance with the requirements of paragraph 1 of
subdivision b of this section would result in damage to equipment used
to generate steam within such district steam system. Any waiver issued
pursuant to this paragraph shall expire after one year, unless renewed
in writing by the commissioner.
(d)(1) No later than September 1, 2013, and no later than September 1
of every year thereafter, the commissioner shall submit a report to the
mayor and the speaker of the council, which shall include:
(i) all waivers, findings and renewals of such findings issued
pursuant to this section during the immediately preceding calendar year;
(ii) a summary of the information received pursuant to subdivision e
of this section;
(iii) all waivers, findings and renewals of such findings issued
pursuant to subdivision b of section 24-169 of this code during the
immediately preceding calendar year; and
(iv) determinations made by the commissioner regarding renewable
biomass pursuant to paragraph 2 of subdivision b of this section and any
recommendations with respect to the use of renewable biomass in the
city, considering appropriate standards and experiential use.
(2) The report required pursuant to this subdivision may be satisfied
by including such information in the management report and preliminary
management report made public and submitted to the council by the mayor
pursuant to section twelve of the New York city charter.
(e)(1) The commissioner shall require persons who supply heating oil
directly to buildings in the city to disclose annually to the
commissioner the following information regarding fuel oil supplied:
(i) the amount in gallons of each fuel oil grade supplied by such
person to buildings by zip code; and
(ii) the average percentage of biodiesel blended into each fuel oil
grade supplied by such person within the city and the types of feedstock
used in the creation of such biodiesel.
(2) The commissioner shall prescribe the form in which required
information shall be reported annually to the department. Such form
shall be certified by the person supplying the information as to the
completeness and accuracy of the information provided.
(3) The department shall require that records be maintained to
substantiate the information provided pursuant to this subdivision and
that such records shall be made available for inspection and audit by
the department for a period up to three years.
(f) The term "fuel oil" as used in any provision of the administrative
code of the city of New York or the rules of the city of New York shall
be deemed to include heating oil that is fuel oil grade no. 2, no. 4 or
no. 6 containing biodiesel.
(g) The commissioner shall promulgate rules to carry out the
provisions of this section.
(h) The commissioner shall have the authority to sample, test and
analyze heating oil supplied to buildings in the city to determine
compliance with this section.
(i) Use of biodiesel for heating purposes by city buildings. (1) After
October first, two thousand fourteen, all no. 2, no. 4 and no. 6 heating
oil purchased for use in any building owned by the city shall be
bioheating fuel containing not less than five percent biodiesel (B5) by
volume except that the provisions of this subdivision shall not apply to
the use of emergency generators.
(2) The commissioner of citywide administrative services shall
institute a pilot program to use greater amounts of biodiesel in
city-owned buildings. Such pilot program shall require that beginning
October first, two thousand fourteen, the heating oil burned in not less
than five percent of city-owned buildings shall contain at least ten
percent biodiesel (B10) by volume. Such pilot program shall continue
until October first, two thousand fifteen and within six months of the
conclusion of such pilot program, the commissioner of citywide
administrative services shall issue a report to the mayor and the
speaker of the council detailing the findings of such pilot program,
including the utility of and any impediments to the use of ten percent
biodiesel (B10) by volume in city-owned buildings and any
recommendations for the use of ten percent biodiesel (B10) by volume in
all city-owned buildings.
(3) The commissioner of citywide administrative services in
conjunction with the office of long-term planning and sustainability
shall undertake a one year study on the feasibility of the use of five
percent biodiesel (B5) by volume in all buildings throughout the city.
Such study shall include recommendations on whether and when the city
should require the use of five percent biodiesel (B5) by volume in
heating oil in all buildings and shall be issued to the mayor and the
speaker of the council by April first, two thousand fifteen.
Section 24-169
§ 24-169 Sulfur content of fuel restricted. Except for ocean-going
vessels engaged in international or interstate trade, no person, other
than one having a sulfur exemption certificate, shall cause or permit
the use, or if intended for use in New York city, the purchase, sale,
offer for sale, storage or transportation of:
(a) Fuel oil grade no. 2 as classified by the American Society for
Testing and Materials that contains more than 0.2 percent of sulfur by
weight and after June 30, 2012, more than the amount set forth in
section 19-0325 of the environmental conservation law or as provided by
an executive order of the governor issued pursuant to such section.
(b) Residual fuel oil and fuel oil grade no. 4 as classified by the
American Society for Testing and Materials or solid fuel on a dry basis
that contains more than the following percentages of sulfur by weight:
(1) 0.30 percent and
(2) for fuel oil grade no. 4 after October 1, 2012, more than 0.15
percent, provided that the commissioner may waive the requirements of
this paragraph if the commissioner finds that there is an insufficient
quantity of fuel oil grade no. 2 that contains no more than 0.0015
percent of sulfur by weight. Any waiver issued pursuant to this
subdivision shall expire after three months, unless renewed in writing
by the commissioner. The provisions of paragraph 1 of this subdivision
shall apply during the period such waiver is in effect.
(c) Residual fuel oil or fuel oil grade no. 4 as classified by the
American society for testing and materials used in facilities for the
generation of steam for off-premises sale and electricity, which
contains more than the following percentages of sulfur by weight:
(1) For a period ending October first, nineteen hundred seventy-one,
one percent;
(2) For a period ending October first, nineteen hundred seventy-two,
an annual average of 0.55 percent;
(3) After October first, nineteen hundred seventy-two, 0.30 percent.
(d) Those facilities burning solid fuel which are operated in
compliance with this code may, at the discretion of the commissioner,
continue to burn solid fuel containing up to 0.7 percent sulfur after
October first, nineteen hundred seventy-one, provided that there is no
increase or expansion of use and further provided that a report,
satisfactory to the commissioner, is submitted setting forth a detailed
program, including a specific time schedule, for the termination of use
of such solid fuel.
(e) Sulfur by weight shall be calculated by the methods of the
American society for testing and materials.
Section 24-170
§ 24-170 Reporting of fuel supplies. The owner of any boiler with a
capacity of five hundred million Btu per hour or more shall report fuel
supply information to the commissioner on or before the first day of
each month.
Section 24-171
§ 24-171 Sulfur exemption certificates. (a) Except for fuel burning
equipment that must comply with the sulfur dioxide emission standards of
section 24-144 of this code, the commissioner may grant a certificate of
exemption from the sulfur content restrictions of section 24-169 of this
code if the applicant establishes to the satisfaction of the
commissioner that the fuel burning equipment is operated in such a
manner, or is equipped with such control apparatus, as to continuously
prevent the emission of any sulfur compound or compounds in an amount
greater than that which would have been emitted from the same fuel
burning equipment, if operated, in the absence of control apparatus,
using fuel which complies with the sulfur content restrictions of
section 24-169 of this code.
(b) The commissioner may grant a temporary certificate of exemption
from the sulfur content restrictions of section 24-169 of this code, if
the applicant establishes to the satisfaction of the commissioner that
the application is for the purpose of conducting an experimental
operation prior to application for a sulfur exemption certificate.
(c) A sulfur exemption certificate shall be valid for one year from
the date granted or renewed, unless sooner suspended or revoked.
Application for renewal shall be made by the holder of the certificate,
and shall be postmarked, or where personally delivered, date stamped by
the department no later than ninety days prior to the expiration of the
certificate. The commissioner may renew a sulfur exemption certificate
if he or she is satisfied that the provisions of this code and the
conditions and terms contained in the certificate will be met.
(d) Any sulfur exemption certificate or temporary sulfur exemption
certificate issued by the commissioner shall be limited to the kind and
amount of fuel specified, and to use in the equipment described, and may
be further limited as determined by the commissioner.
(e) A separate application for a sulfur exemption certificate or
temporary sulfur exemption certificate shall be made for each unit of
fuel burning equipment for which exemption is sought.
(f) In addition to the conditions and limitations for the issuance of
a sulfur exemption certificate or temporary sulfur exemption certificate
specified in this section, the commissioner may provide such further
conditions or limitations as he or she may deem appropriate.
(g) A temporary sulfur exemption certificate shall be valid for three
months from the date granted or renewed, unless sooner suspended or
revoked. The commissioner may renew a temporary certificate no more than
once upon application which is postmarked or dated by the department no
later than fourteen days prior to the expiration of the certificate.
Section 24-172
§ 24-172 Volatile content of solid fuel restricted. (a) No person
shall cause or permit the use of solid fuel as the normal boiler fuel
which contains more volatile matter by weight in any part thereof than:
(1) If used in equipment which is hand-fed, fourteen percent; or
(2) If used in equipment which is mechanically fed, thirty-two
percent.
(b) Volatile matter shall be calculated on a moisture and ash-free
basis.
Section 24-173
§ 24-173 Use of solid fuel. (a) Except as provided in subdivision (c)
of this section, no person shall cause or permit the use of solid fuel
in fuel burning equipment to provide heat or hot water for any structure
or any part thereof, other than the generation of steam for off-premises
sale.
(b) No person shall cause or permit the use of solid fuel in fuel
burning equipment for any purpose whatsoever, unless he or she has
complied with subdivision (c) of this section. No person shall cause or
permit the use of bituminous coal in fuel burning equipment, for which
an operating certificate or certificate of registration is required
pursuant to this chapter for any purpose whatsoever.
(c) Solid fuel, unless otherwise prohibited by this section, may be
used for fueling boilers used for on-site space heating, provided that:
(1) No expansion of capacity of the boiler shall be made over capacity
existing on May twentieth, nineteen hundred sixty-eight; and
(2) Only anthracite coal is used; or
(3) The solid fuel shall meet the following criteria:
(a) Volatile content shall not exceed thirty-two percent by weight.
(b) Fixed carbon shall not be lower than sixty-six percent by weight.
(c) Ash shall not exceed four percent by weight.
(d) Sulfur shall not exceed 0.7 percent by weight.
(e) Heating value shall not be less than fourteen thousand seven
hundred fifty Btu/lb.
All the above criteria shall be measured on a dry basis.
Section 24-174
§ 24-174 Lead content of gasoline restricted. (a) No person shall
cause or permit the use, or, if intended for use in the city of New
York, the purchase, sale, offer for sale, storage or transportation of
gasoline which contains more than the following amount of lead by weight
for the respective octane ranges as follows:
95.9 Octane No.* Below 95.9
& Above Octane No.*
(1) On and after
November 1, 1971.. 2.0 grams per gal. 1.5 grams per gal.
(2) On and after
January 1, 1972... 1.0 grams per gal. 1.0 grams per gal.
(3) On and after
January 1, 1973... 0.5 grams per gal. 0.5 grams per gal.
(4) On and after
January 1, 1974... zero grams zero grams
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* The term octane number shall mean research octane number or rating
measured by the research method.
(b) Where the lead content of gasoline is restricted to zero grams per
gallon as in subdivision (a) of this section, gasoline which contains
0.075 grams of lead per gallon shall be deemed to meet such restriction.
Section 24-175
§ 24-175 Volatility limits on gasoline. Effective October first,
nineteen hundred seventy-one, no person shall cause or permit the use,
or, if intended for use in the city of New York, the purchase, sale,
offer for sale, storage or transportation of gasoline which exceeds the
following volatility limits:
(a) For the period October first, through April thirtieth, not to
exceed twelve Reid vapor pressure.
(b) For the period May first through September thirtieth, not to
exceed seven Reid vapor pressure.
Section 24-176
§ 24-176 Fuel information ticket required for shipment or delivery of
fuel into New York city. No person, other than a dealer in solid fuel
who complies with section 20-626 of the code, shall cause or permit the
shipment or delivery of fuel into New York city for use in the city
without first reporting the shipment or delivery on a form prescribed by
the department to be known as a fuel information ticket. A fuel
information ticket shall not be required for fuel shipped into New York
city in the engine fuel tank of a motor vehicle. A shipment or delivery
includes any sale or non-sale transaction, or any transaction between
shipper and recipient who are identical.
Section 24-177
§ 24-177 General requirements for fuel information tickets. (a) Each
fuel information ticket shall contain the following statement signed by
the shipper of the fuel: "I hereby attest that I have shipped to the
recipient named hereon the fuel specified in this ticket."
(b) Copies of the fuel information ticket required to be retained by
the shipper of fuel by subdivision (c) of this section shall be kept at
the shipper's place of business. The copy of the fuel information ticket
required to be retained by the recipient of the fuel by subdivision (c)
of this section shall be kept at his or her place of business or at the
place where the delivery was received.
(c) All records relating to the use of fuel, or the distribution,
storage or transportation of fuel for use in the city of New York shall
be retained for not less than one year and shall be kept readily
available at all times during business hours for inspection by the
department.
(d) This section shall apply to all shipments of fuel into the city
and it shall be no defense to non-compliance that the shipment was not
made pursuant to a sales transaction between the shipper and the
recipient or that the shipper and the recipient are identical.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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