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Part 250: Miscellaneous Orders

[Effective date 5/1/72]

[Revisions to Part 250 effective 9/23/84]

[page 1 of 1]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Stationary Sources at (518) 402-8403 for technical questions pertaining to this rule.

Contents:

Sec.

§250.1 Air pollution episode--stagnation advisory dated Febuary 9, 1972

I, Henry L. Diamond, Commissioner of Environmental Conservation of the State of New York, have found, after investigation, that the ambient levels of air contaminants and weather conditions are such that a danger to the health and welfare of the People of the State exists, and that it would be prejudicial to the interests of the People of the State to delay action until an opportunity for a hearing could be provided.

NOW, pursuant to the authority vested in me by Section 14 and 16 of the Environmental Conservation Law, I do hereby declare that a stagnation stage of an air pollution episode exists, and

ORDER: That all persons, forthwith cease and abate and refrain from, until further notice by me, the burning of any material in any open fire.

This Order shall apply to the following counties of the State: Kings, Queens, Richmond, Bronx, New York, Nassau, Suffolk, Westchester and Rockland.

Signed: [Henry L. Diamond]

Dated: February 9, 1972

I, Henry L. Diamond, Commissioner of Environmental Conservation, of the State of New York, have found, after investigation, that the conditions presenting dangers to the health and welfare of the people of the State, for which I issued a summary order on February 9, 1972 to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by Section 14, 15 and 16 of the Environmental Conservation Law, I do hereby RESCIND SUCH ORDER, effective 1:00 p.m., February 11, 1972.

Signed: [Henry L. Diamond]

Dated: 11:45 a.m. February 11, 1972

§250.2 Air pollution episode--stagnation advisory dated July 18, 1972

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation, of the State of New York, have found, after investigation, that the ambient levels of air contaminants and weather conditions are such that a danger to the health and welfare of the People of the State exists, and that it would be prejudicial to the interests of the People of the State to delay action until an opportunity for a hearing could be provided.

NOW, pursuant to the authority vested in me by the Public Health Law and the Environmental Conservation Law, I do hereby declare that a stagnation stage of an air pollution episode exists, and

ORDER:

That all persons, forthwith cease and abate and refrain from, until further notice by me, the burning of any material in any open fire.

This order shall apply to the following counties of the State:

Kings, Queens, Richmond, Bronx, New York, Nassau, Suffolk, Westchester and Rockland.

Signed: [Henry L. Diamond]

Dated: 1:00 p.m. July 18, 1972

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found, after investigation, that the conditions presenting dangers to the health and welfare of the people of the State, for which I issued an Air Pollution Episode summary order on July 17 and 18, 1972 to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by the Public Health Law and the Environmental Conservation Law, I do hereby

RESCIND SUCH ORDER, effective 2:00 p.m., July 20, 1972.

Signed: [Henry L. Diamond]

Dated: 2:00 p.m. July 20, 1972

§250.3 Air pollution episode--stagnation advisory dated July 19, 1972

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation, of the State of New York, have found, after investigation, that the ambient levels of air contaminants and weather conditions are such that a danger to the health and welfare of the People of the State exists, and that it would be prejudicial to the interests of the People of the State to delay action until an opportunity for a hearing could be provided.

NOW, pursuant to the authority vested in me by the Public Health Law and the Environmental Conservation Law, I do hereby declare that a stagnation stage of an air pollution episode exists, and

ORDER:

That all persons forthwith cease and abate and refrain from, until further notice by me, the burning of any material in any open fire.

This order shall apply to the following counties of the State:

Ulster, Dutchess, Orange and Putnam Counties in addition to the New York Metropolitan Area of Kings, Queens, Richmond, Bronx, New York, Nassau, Suffolk, Westchester and Rockland which were covered in my previous summary order of 1:00 P.M. July 18, 1972.

Signed: [Henry L. Diamond]

Dated: 1:00 p.m. July 19, 1972

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found, after investigation, that the conditions presenting dangers to the health and welfare of the people of the State, for which I issued an Air Pollution Episode summary order on July 17 & 18, 1972 to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by the Public Health Law and the Environmental Conservation Law, I do hereby

RESCIND SUCH ORDER, effective 2:00 p.m., July 20, 1972.

Signed: [Henry L. Diamond]

Dated: 2:00 p.m. July 20, 1972

§250.4 Air pollution episode--stagnation advisory dated January 26, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation, of the State of New York, have found, after investigation, that the ambient levels of air contaminants and weather conditions are such that a danger to the health and welfare of the People of the State exists, and that it would be prejudicial to the interests of the People of the State to delay action until an opportunity for a hearing could be provided.

NOW, pursuant to the authority vested in me by the Public Health Law and the Environmental Conservation Law, I do hereby declare that a stagnation stage of an air pollution episode exists, and

ORDER: That all persons, forthwith cease and abate and refrain from, until further notice by me, the burning of any material in any open fire.

This order shall apply to the following counties of the State: Kings, Queens, Richmond, Bronx, New York, Suffolk, Westchester, Nassau and Rockland.

Signed: [Henry L. Diamond]

Dated: 6 p.m. January 26, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found, after investigation, that the conditions presenting dangers to the health and welfare of the people of the State, for which I issued a summary order on January 26, 1973, to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by the Public Health Law and the Environmental Conservation Law, I do hereby

RESCIND SUCH ORDER, effective 1 p.m., January 28, 1973.

Signed: [Henry L. Diamond]

Dated: 1 p.m. January 28, 1973

§250.5 Air pollution episode--forecast stage dated August 17, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found after investigation that the ambient levels of air contaminants and weather conditions are such that a danger to the health and welfare of the People of the State exists, and that it would be prejudicial to the interests of the People of the State to delay action until an opportunity for a hearing could be provided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby declare that a forecast stage of an air pollution episode exists, and

ORDER: That all persons forthwith cease, abate and refrain from burning of any material in any open fire until further notice.

This Order shall apply to the following counties of the State: Richmond, Kings, Queens, Bronx, New York County, Nassau, Suffolk, Rockland, Westchester, Orange, Putnam, Dutchess,Ulster.

Signed: [Henry L. Diamond]

Dated: 3:00 p.m. August 17, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found after investigation that the conditions presenting dangers to the health and welfare of the People of the State, for which I issued a summary order on August 17, 1973, 3:00 p.m. to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby

RESCIND SUCH ORDER, effective 12 Noon, August 19, 1973.

Signed: [Henry L. Diamond]

Dated: 12 Noon August 19, 1973

§250.6 Air pollution episode--forecast stage dated September 4, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found after investigation that the ambient levels of air contaminants and weather conditions are such that a danger to the health and welfare of the People of the State exists, and that it would be prejudicial to the interests of the People of the State to delay action until an opportunity for a hearing could be provided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby declare that a forecast stage of an air pollution episode exists, and

ORDER: That all persons forthwith cease, abate and refrain from burning of any material in any open fire until further notice.

This Order shall apply to the following counties of the State: Westchester, Rockland, New York City, Nassau and Suffolk.

Signed: [Henry L. Diamond]

Dated: 3:00 p.m. September 4, 1973

I, Henry L. Diamond, Commissioner of the Department of the Environmental Conservation of the State of New York, have found after investigation that the conditions presenting dangers to the health and welfare of the People of the State, for which I issued a summary order on September 4, 1973, 3 p.m., to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby

RESCIND SUCH ORDER, effective 9:00 a.m., September 6, 1973.

Signed: [Henry L. Diamond]

Dated: 9:00 a.m. September 6, 1973

§250.7 Air pollution episode--forecast stage dated October 9, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found after investigation that the ambient levels of air contaminants and weather conditions are such that a danger to the health and welfare of the People of the State exists, and that it would be prejudicial to the interests of the People of the State to delay action until an opportunity for a hearing could be provided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby declare that a forecast stage of an air pollution episode exist, and

ORDER: That all persons forthwith cease, abate and refrain from burning of any material in any open fire until further notice.

This Order shall apply to the following counties of the State: Westchester, Rockland, New York City, Nassau , Suffolk, Putnam, Orange, Dutchess and Ulster.

Signed: [Henry L. Diamond]

Dated: 3:00 p.m. E.D.T., October 9, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found after investigation that the conditions presenting dangers to the health and welfare of the People of the State, for which I issued a summary order on October 9, 1973 to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby

RESCIND SUCH ORDER, effective October 11, 1973.

Signed: Henry L. Diamond

Dated: 3:00 p.m. E.D.T., October 11, 1973

§250.8 Air pollution episode--forecast stage dated October 10, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found after investigation that the ambient levels of air contaminants and weather conditions are such that a danger to the health and welfare of the People of the State exists, and that it would be prejudicial to the interests of the People of the State to delay action until an opportunity for a hearing could be provided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby declare that a Forecast Stage of an air pollution episode exists, and

ORDER: That all persons forthwith cease, abate and refrain from burning of any material in any open fire until further notice.

This order shall apply to the following counties of the State: Sullivan, Delaware, Otsego, Chenango, Broome, Tioga, Tompkins, Cortland, Madison, Onondaga, Cayuga, Chemung, Schuyler, Seneca,Wayne, Ontario, Yates, Steuben, Livingston, Monroe, Orleans, Genesee, Wyoming, Allegany, Cattaraugus, Chautauqua, Erie, Niagara.

Signed: Henry L. Diamond

Dated: 3:00 p.m. E.D.T., October 10,1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found after investigation that the conditions presenting dangers to the health and welfare of the People of the State, for which I issued a summary order on October 10, 1973 to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby

RESCIND SUCH ORDER, effective 3 p.m., October 11, 1973

As it applies to the following counties of the State: Sullivan, Delaware, Otsego, Chenango, Broome, Tioga, Cortland, Madison.

Signed: Henry L. Diamond

Dated: 3:00 p.m. E.D.T., October 11, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found after investigation that the conditions presenting dangers to the health and welfare of the People of the State, for which I issued a summary order on October 10, 1973 to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby

RESCIND SUCH ORDER, effective 1 p.m. E.D.T., October 12, 1973.

Signed: Henry L. Diamond

Dated: 1:00 p.m. E.D.T., October 12, 1973

§250.9 Air pollution episode--forecast stage dated October 24, 1973

I, Henry L. Diamond, Commissioner of the Department of Environmental Conservation of the State of New York, have found after investigation that the ambient levels of air contaminants and weather conditions are such that a danger to the health and welfare of the People of the State exists, and that it would be prejudicial to the interests of the People of the State to delay action until an opportunity for a hearing could be provided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby declare that a Forecast Stage of an air pollution episode exists and

ORDER: That all persons forthwith cease, abate and refrain from burning of any material in any open fire until further notice.

This order shall apply to the following counties of the State: All five counties of New York City, Nassau, Suffolk, Rockland, Westchester, Putnam, Orange, Dutchess, Ulster, Sullivan, Delaware, Otsego, Greene, Columbia, Schoharie, Albany, Rensselaer, Schenectady, Montgomery, Fulton, Saratoga, Washington, Warren and Hamilton.

Signed: Henry L. Diamond

Dated: 1 p.m. E.D.T., October 24, 1973

I, Henry L. Diamond, Commissioner of the department of Environmental Conservation of the State of New York, have found after investigation that the conditions presenting dangers to the health and welfare of the People of the State, for which I issued a summary order on October 24, 1973 to cease activities which contributed thereto, have passed and subsided.

NOW, pursuant to the authority vested in me by the Environmental Conservation Law and 6 NYCRR Part 207, I do hereby RESCIND SUCH ORDER, effective 12 noon, E.D.T., October 25, 1973.

Signed: Henry L. Diamond

Dated: 12 noon E.D.T., October 25, 1973

§250.10 Special limitation--Niagara Mohawk Power Corporation, Unit 5 of Oswego generating facility

It is ordered, pursuant to section 225.2 of this Subchapter:

(a) That a special limitation for Unit 5 of the Oswego generating facility is renewed to the extent that the Niagara Mohawk Power Corporation (NIMO) is authorized to purchase and use residual oil of up to a maximum of 2.8 percent sulfur content by weight in this unit only, and that residual oil of up to 2.8 percent by weight may be sold to NIMO for use in this unit only. The limitation is conditioned on the following:

(1) that the special limitation shall expire on March 19, 1984;

(2) that NIMO continue to provide and operate a department-approved continuous monitoring network. The prior network shall be expanded to include:

(i) one additional monitor to measure sulfur dioxide concentrations at or near the point of maximum predicted short-term impacts; and

(ii) one additional monitor to measure sulfur dioxide concentrations at or near the point of maximum predicted impacts resulting from lake breeze fumigation. In addition, measurements of wind speed and direction, (measurement of horizontal fluctuations in wind direction) and temperature will be required at this site.

Locations for these additional monitors are to be selected by NIMO and approved by the department;

(3) that such monitoring network shall be operated in accordance with a quality assurance program approved by the department;

(4) that NIMO admit department staff, on request and at reasonable hours, to the monitoring sites in such network for the purpose of inspecting and auditing the monitors;

(5) that the department reserves the right to require modification of the continuous monitoring network at any time, provided adequate time is allowed for any modification required;

(6) that NIMO continue to submit semiannual reports which summarize the levels of sulfur dioxide and such other data as measure by the monitoring network, to the department's Division of Air, chief, Source Technology Section, a report for the period January 1st through June 30th to be submitted on or before the first of the following October and a report for the period July 1st through December 31st to be submitted on or before the first of the following April.

(7) that NIMO shall revise the reporting format and reporting dates upon notification by the department;

(8) that NIMO shall continue to operate, and use data as currently monitored at, the Nine Mile Point meteorological tower as an integral part of this special limitation;

(9) that the department expressly reserves the right to modify or revoke the special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitation fails to adequately protect the public health and welfare from sulfates, a determination that operation of Unit 5 at such higher sulfur content oil as authorized herein contributed to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality;

(10) that NIMO shall undertake a program to achieve compliance with the particulate emission limits as defined in Part 227 of this Subchapter and mitigate the occurrence of "acid smut" and other air quality impacts resulting from the operation of Units 1-5 through such means as shall be required by the department;

(11) that the special limitation granted in this section shall not relieve NIMO from operating the Oswego facility in such manner as to conform to the terms and conditions of the certificate(s) to operate issued therefor, nor shall the special limitation issued in this section otherwise relieve NIMO from any responsibilities for compliance with any applicable laws, regulations or requirements.

§250.11 Special limitations--Nothern Air Quality Control Region

It is ordered, pursuant to section 225.2(c) of this Title:

(a) that a special limitation for the Northern Air Quality Control Region is granted, to the extent that fuel oil of up to 2.8 percent sulfur content by weight may be sold to and used by all sources in said region with total rated heat inputs not in excess of 250 million BTU per hour, except all such sources in the City of Glens Falls, all sources in the Town of Queensbury with total rated heat inputs in excess of 100 million BTU per hour, the Stevens and Thompson Paper Company in Washington County, the Newton Falls Paper Mill, inc. in St. Lawrence County and the Clinton Correctional Facility in Clinton County;

(b) that this special limitation shall take effect no sooner than 30 days after the regulations are filed and only on approval of the terms thereof by the United States Environmental Protection Agency, and as approved shall continue in effect until and including June 30, 1984;

(c) that the department expressly reserves the right to modify or revoke this special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that this special limitation fails adequately to protect the public health and welfare from sulfates, a determination that use of such higher sulfur content oil by sources subject to the special limitation herein contributes to the contravention of any applicable ambient air quality standard, or a determination that such use would significantly degrade air quality; and

(d) that the special limitation granted herein shall not relieve any affected source owner or operator from operating any affected source in such manner as to conform to the terms and conditions of any applicable Certificate to Operate issued therefor; nor shall the special limitation issued herein otherwise relieve any such source owner or operator from any responsibilities for compliance with any applicable laws, regulations or requirements.

Signed: Peter A. A. Berle, Commissioner

By: Langdon Marsh, General Counsel

Dated: June 10, 1977

§250.12 Special limitations--Central Air Quality Control Region

It is ordered, pursuant to section 225.2(c) of this Title:

(a) that a special limitation for the Central Air Quality Control Region is granted, to the extent that fuel oil of up to a maximum of 2.8 percent sulfur content by weight may be sold to and used by all sources in said region with total rated heat inputs not in excess of 250 million BTU per hour, except all sources in Onondaga County, the Oswego Facilities Trust Company in Oswego County, the Burrows Paper Corporation in Herkimer County and Colgate University in Madison County;

(b) that this special limitation shall take effect no sooner than 30 days after the regulations are filed and only on approval of the terms thereof by the United States Environmental Protection Agency, and as approved shall continue in effect until and including June 30, 1984;

(c) that the department expressly reserves the right to modify or revoke this special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that this special limitation fails adequately to protect the public health and welfare from sulfates, a determination that use of such higher sulfur content oil by sources subject to the special limitation herein contributes to the contravention of any applicable ambient air quality standard, or a determination that such use would significantly degrade air quality; and

(d) that the special limitation granted in this section shall not relieve any affected source owner or operator from operating any affected source in such manner as to conform to the terms and conditions of any applicable Certificate to Operate issued therefor; nor shall the special limitation issued herein otherwise relieve any such source owner or operator from any responsibilities for compliance with any applicable laws, regulations or requirements.

Signed: Peter A. A. Berle, Commissioner

By: Langdon Marsh, General Counsel

Dated: June 10, 1977

§250.13 Special limitations--Southern Tier East Air Quality Control Region Suffolk County

It is ordered, pursuant to section 225.2(c) of this Title:

(a) that a special limitation for the Southern Tier East Air Quality Control Region is granted, to the extent that fuel oil of up to 2.8 percent sulfur content by weight may be sold to and used by all sources in said region with total rated heat inputs not in excess of 250 million BTU per hour with the exception of all sources in Broome County;

(b) that this special limitation shall take effect no sooner than 30 days after the regulations are filed and only on approval of the terms thereof by the United States Environmental Protection Agency, and as approved shall continue in effect until and including June 30, 1984;

(c) that the department expressly reserves the right to modify or revoke this special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that this special limitation fails adequately to protect the public health and welfare from sulfates, a determination that use of such higher sulfur content oil by sources subject to the special limitation herein contributes to the contravention of any applicable ambient air quality standard, or a determination that such use would significantly degrade air quality; and

(d) that the special limitation granted herein shall not relieve any affected source owner or operator from operating any affected source in such manner as to conform to the terms and conditions of any applicable Certificate to Operate issued therefor; nor shall the special limitation issued in this section otherwise relieve any such source owner or operator from any responsibilities for compliance with any applicable laws, regulations or requirements.

Signed: Peter A. A. Berle
Commissioner

By: Langdon Marsh
General Counsel

Dated: June 10, 1977

§250.14 Special limitations--Village of Freeport, Nassau County

It is ordered, pursuant to section 225.2(c) of this Title:

(a) That a special limitation for Units 1 and 2 of the Village of Freeport's Plant No. 2 generating facility is granted:

(1) to the extent that the Village of Freeport is authorized to purchase and use residual oil of up to a maximum of 1.0 percent sulfur content by weight in each such unit and that residual oil of up to 1.0 percent sulfur content by weight may be sold to the Village of Freeport for use in each such unit; or

(2) to the extent that the Village of Freeport is authorized to purchase and use residual oil of up to a maximum of 2.2 percent sulfur content by weight in each such unit and that residual oil of up to 2.2 percent sulfur content by weight may be sold to the Village of Freeport for use in each such unit if the units are modified such that combustion gases are exhausted in a stack extending approximately 180 feet above ground elevation.

(b) The limitation is conditioned on:

(1) that the special limitation shall take effect on approval of the terms thereof by the United States Environmental Protection Agency;

(2) that, as approved by the United States Environmental Protection Agency, the special limitation shall continue until and including July 31, 1980;

(3) that the Village of Freeport shall provide and operate a department-approved continuous monitoring network;

(4) that the department shall specify by September 30, 1977, with due consideration given to recommendations by the Nassau County Health Department, the continuous monitoring network to be installed. The Village of Freeport shall install and have operative such network by March 31, 1978, or another later date as approved by the department;

(5) that the department reserves the right to audit and require modification of the continuous monitoring network at any time, provided adequate time is allowed for any required modification;

(6) that the department expressly reserves the right to modify or revoke the special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitation fails adequately to protect the public health and welfare from sulfates, a determination that operation at such higher sulfur content oil as authorized herein contributes to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality;

(7) that the Village of Freeport shall submit semiannual reports which summarize sulfur dioxide concentrations, as measured by its monitoring network for averaging times corresponding to Federal and State ambient air quality standards. The first semiannual report shall be submitted on March 15, 1978 and shall include data for the period beginning August 1, 1977 and ending January 31, 1978. The second semiannual report shall be submitted September 15, 1978 and shall include data for the period beginning February 1, 1978 and ending July 31, 1978. This frequency of semiannual reporting shall continue for the duration of the limitation such that the last report is submitted by September 15, 1980;

(8) that the Village of Freeport shall submit two copies of all reports, required by this order, to the following individuals:

(i) department's Region I Air Pollution Control Engineer;

(ii) Nassau County Health Department's Director, Bureau of Air Quality Management; and

(iii) department's Division of Air Resource's Chief, Source Review Section;

(9) that the Village of Freeport shall revise the reporting format and reporting dates upon notification by the department; and

(10) that the special limitations granted herein shall not relieve the Village of Freeport from operating the subject facilities in such manner as to conform to the terms and conditions of the Certificates to Operate issued therefor; nor shall the special limitations issued herein otherwise relieve the Village of Freeport from any responsibilities for compliance with any applicable laws, regulations or requirements.

Signed: Peter A. A. Berle,

Commissioner

By: Langdon Marsh,
General Counsel

Dated: May 3, 1977

§250.15 Special limitations--Rochester Gas and Electric Corporation: Unit 12, Beebee Generating Station

It is ordered, pursuant to section 225.2(c) of this Title:

(a) that a special limitation for Unit 12 of the Beebee Station generating facility is granted, to the extent that RG&E is authorized to purchase and use coal of up to a maximum sulfur content of 2.8 pounds per million BTU gross heat content in said unit, and that coal with a sulfur content of up to 2.8 pounds per million BTU gross heat content may be sold to RG&E for use in said unit. The limitation is conditioned on the following:

(1) that RG&E provide and operate a department-approved continuous monitoring network;

(2) that the special limitation shall take effect on approval of the terms thereof by the United States Environmental Protection Agency;

(3) that, as approved by the United States Environmental Protection Agency, the special limitation shall continue in effect until and including October 31, 1980;

(4) That the department expressly reserves the right to modify or revoke each special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitation fails adequately to protect the public health and welfare from sulfates, a determination that operation of Beebee Station at such higher sulfur content coal as authorized in this section contributes to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality;

(5) that the department reserves the right to audit and require modification of the continuous monitoring network at any time, provided adequate time is allowed for any modification required;

(6) that RG&E shall submit semiannual reports which summarize sulfur dioxide concentrations, as measured by its monitoring network for averaging times corresponding to Federal and State ambient air quality standards. The first semiannual report shall be submitted on June 15, 1978 and shall include data for the period beginning November 1, 1977 and ending April 30, 1978. The second semiannual report shall be submitted December 15, 1978 and shall include data for the period beginning May 1, 1978 and ending October 31, 1978. This frequency of semiannual reporting shall continue for the duration of the limitation, such that the last report is submitted by December 15, 1980;

(7) that RG & E shall submit two copies of all reports, required by this order, to the following individuals:

(i) department's Region 8 Air Pollution Control Engineer;

(ii) director, Monroe County Department of Health;

(iii) department's Division of Air Resources, Chief, Source Review Section;

(8) that RG & E shall revise the reporting format and reporting dates upon notification by the department; and

(9) that the special limitation granted in this section shall not relieve RG&E from operating the subject facilities in such manner as to conform to the terms and conditions of the Certificate to Operate issued therefor; nor shall the special limitation issued in this section otherwise relieve RG&E from any responsibilities for compliance with any applicable laws, regulations or requirements.

Signed: Peter A. A. Berle,
Commissioner

By: Langdon Marsh,
General Counsel

Dated: August 25, 1977

§250.16 Special limiitations--Long Island Lighting Company: Northport and Port Jefferson generating facilities

It is ordered, pursuant to section 225-1.2(c) of this Subchapter:

(a) That special limitations for Units 1, 2 and 3 of the Northport generating facility and for Units 3 and 4 of the Port Jefferson generating facility are granted, to the extent that LILCO is authorized to continue to purchase and use residual oil of up to a maximum of 2.8 percent sulfur content by weight be sold to LILCO for use in each such unit for the period of September 25, 1984 to September 24, 1986. From September 25, 1986 to December 31, 1987 the authorized sulfur content will be reduced to 2.0 percent by weight. The limitations are conditioned on the following:

(1) that LILCO provide and operate a department-approved continuous air quality monitoring network, which shall include telemetering of data from said network at not less than daily intervals in a manner satisfactory to the department;

(2) that LILCO provide and operate a department-approved quality assurance plan to ensure valid and credible monitoring data;

(3) that LILCO shall submit semiannual quality assurance reports, the format and content of said reports to be in accordance with department specifications;

(4) that the department expressly reserves the right to modify or revoke the special limitations on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitations fail adequately to protect the public health and welfare from the deleterious effects of sulfates, a determination that operation of the Northport or Port Jefferson plants at such higher sulfur content oil as authorized in this section contributes to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality. Further, the special limitations will be directly subject to any final determination made as a result of an environmental impact statement (EIS) being prepared by the department to evaluate its sulfur emissions policy. They also will be evaluated with respect to requirements of the State Acid Deposition Control Act, if appropriate;

(5) that LILCO shall maintain a reserve supply of 1.0 percent sulfur oil for use as directed by the department during emergency periods;

(6) that the special limitations granted herein shall continue the existing special fuel use limitations from the current expiration date of September 24, 1984 until December 31, 1987, unless modified or rescinded as provided by paragraph (4) of this section, with 2.8 percent being the authorized sulfur content for the period of September 25, 1984 to September 24, 1986, and 2.0 percent being the authorized sulfur content from September 25, 1986 until December 31, 1987;

(7) that LILCO initiate immediately the following modifications to the continuous monitoring network:

(i) removal of the Wolf Hill and Pilgrim monitors; and

(ii) relocation of the Northport monitor to a downwind distance of about 2 kilometers southeast of the Northport plant. The final location of said monitor is to be approved by department staff prior to siting;

(8) that the department reserves the right to audit and require modification of the network at any time, with provision for adequate time to effect any modifications required;

(9) that LILCO shall revise the reporting format, content and schedule upon notification by the department; and

(10) that the special limitations granted in this section shall not relieve LILCO from operating the subject facilities in such manner as to conform to the terms and conditions of the Certificates to Operate issued therefor; nor shall the special limitations issued in this section otherwise relieve LILCO from any responsibilities for compliance with any applicable laws, regulations or requirements.

§250.18 Special limitations-- Long Lighting Company: Units 4 and 5 of the Glenwood facility and Units 1 and 2 of the E.F. Barrett facility

It is ordered pursuant to section 225.2(c) of this Title that a special limitation for Units 4 and 5 of the Glenwood generating facility and for Units 1 and 2 of the E.F. Barrett generating facility is granted, to the extent that Long Island Lighting Company (LILCO) is authorized to purchase and use residual oil of up to a maximum of 1.0 percent sulfur content by weight in each unit at Glenwood and 2.2 percent sulfur in each unit at E.F. Barrett and that such residual oils may be sold to LILCO for use in each such unit. The limitation is conditioned on:

(1) LILCO's providing and operating a department approved continuous monitoring network;

(2) that each special limitation shall take effect on approval of the terms thereof by the United States Environmental Protection Agency;

(3) that, as approved by the United States Environmental Protection Agency each special limitation shall continue in effect for a period of three years from the day of such approval;

(4) that the department expressly reserves the right to modify or revoke each special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitation fails adequately to protect the public health and welfare from sulfates, a determination that operation of either Glenwood or E.F. Barrett at such higher sulfur content oil as authorized herein contributes to the contravention of any applicable ambient air quality standard, a determination that the special limitation precludes the operation of another source in the areas of impacts of either Glenwood or E.F. Barrett Stations, or a determination that such operation would significantly degrade air quality; and

(5) that the department reserves the right to audit and require modification of the continuous monitoring network at any time provided adequate time is allowed for any modification required;

(6) that LILCO shall submit semiannual reports, which summarize sulfur dioxide concentrations, as measured by its monitoring network for averaging times corresponding to Federal and State ambient air quality standards. The first semiannual report shall be submitted eight months after the limitation is approved by EPA and shall include data for the first six months of the limitation. The second semiannual report shall be submitted six months after the first report and shall include data for months 7 through 12 of the approved limitation. This frequency of semiannual reporting shall continue for the duration of the limitation;

(7) that LILCO shall submit two copies of all reports, required by this order, to the following individuals:

(i) the department's Region I Air Pollution Control Engineer;

(ii) the Nassau County Department of Health's Director of Bureau of Air Quality Management; and

(iii) the department's Division of Air Resources, Chief, Source Review Section;

(8) that LILCO shall revise the reporting format and reporting dates upon notification by the department; and

(9) that the special limitations granted herein shall not relieve LILCO from operating the subject facilities in such manner as to conform to the terms and conditions of the Certificates to Operate issued therefor; nor shall the special limitations issued herein otherwise relieve LILC0 from any responsibilities for compliance with any applicable laws, regulations or requirements.

Signed: Peter A. A. Berle,
Commissioner

Dated: March 23, 1978

§250.19 Special limitations--Orange and Rockland Utilities, Inc.: Units 1 and 2 of the Bowline Point generating facility

It is ordered, pursuant to section 225.2 of this Subchapter:

(a) that a special limitation for Units 1 and 2 of the Bowline Point generating facility is granted, to the extent that Orange and Rockland Utilities, Inc. (O&R) is authorized to purchase and use residual oil of up to a maximum of 0.60 percent sulfur content by weight in each such unit, and that residual oil of up to 0.60 percent sulfur content by weight may be sold to O&R for use in each such unit. The limitation is conditioned on the following:

(1) that O&R provide and operate a department-approved continuous monitoring network;

(2) that O&R shall notify the department by letter or telegram prior to commencement of burning oil exceeding 0.37 percent sulfur content by weight;

(3) that, the special limitation shall continue in effect until April 24, 1983;

(4) that the department expressly reserves the right to modify or revoke the special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitation fails adequately to protect the public health and welfare from sulfates, a determination that operation of Bowline Point at such higher sulfur content oil as authorized herein contributed to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality;

(5) that the department reserves the right to audit and require modification of the continuous monitoring network at any time, provided adequate time is allowed for any modification required;

(6) that O&R shall submit semiannual reports, which summarize sulfur dioxide concentrations, as measured by its monitoring network, for averaging times corresponding to Federal and State ambient air quality standards. The first semiannual report shall be submitted eight months after the limitation. The second semiannual report shall be submitted six months after the first report and shall include data for 7 through 11 of the approved limitations. This frequency of semiannual reporting shall continue for the duration of the limitation.

(7) that O&R shall submit two copies of all reports, required by this order, to the following individuals:

(i) the department's Region 3 Air Pollution Control Engineer;

(ii) Director, Rockland County Department of Health;

(iii) the department's Division of Air, Chief, Source Review Section.

(8) that O&R shall revise the reporting format and reporting dates upon notification by the department;

(9) that O&R conduct an investigation program to develop and validate a mathematical modeling procedure which will provide accurate estimates of impact on the prevention of significant deterioration increments for SO2 under "building downwash" conditions. That such program will incorporate expansion of the existing monitoring network, development procedures and accuracy of performance criteria determined and agreed to by the department;

(10) that O&R will maintain a three-day reserve supply of oil of 0.37 percent sulfur content by weight for use as directed by the department during emergency periods associated with air pollution episodes;

(11) that the special limitation granted in this section shall not relieve O&R from operating the subject facility in such manner as to conform to the terms and conditions of the Certificate to Operate issued therefor; nor shall the special limitation issued in this section otherwise relieve O&R from any responsibilities for compliance with any applicable laws, regulations or requirements.

§250.21 Special limitations--Consolidated Edison Company of New York, Inc.: Unit 3 of the Ravenswood facility and facility Units 2 and 3 of the Arthur Kill facility

It is ordered, pursuant to section 225.2 of this Subchapter:

(a) That a special limitation for Unit 3 of the Ravenswood generating facility and Units 2 and 3 of the Arthur Kill generating facility is granted to the extent that Consolidated Edison Company of New York, Inc. (Con Edison) is authorized to continue to purchase and use residual oil of up to a maximum of 1.5 percent sulfur content by weight in each such unit, and that residual oil of up to 1.5 percent sulfur content by weight may be sold to Con Edison for use in each such unit. The limitation is granted on the following conditions:

(1) that, the special limitation shall continue in effect until November 10, 1981. By this date Con Edison must submit applications and environmental impact statements for conversion of Ravenswood Unit 3 and Arthur Kill Units 2 and 3 to coal which statements must include an analysis of continued burning of 1.5 percent sulfur oil during the coal conversion review process;

(2) that, if condition in paragraph (1) of this subdivision is met, the special limitation shall be extended until final action is taken by the department regarding use of coal fuel at these facilities; should conversion to coal be disapproved, the special limitation shall terminate immediately; should conversion to coal be approved, the special limitation shall continue in effect until the units commence coal-firing but shall be reduced to a sulfur content fuel oil which will result in sulfur dioxide emissions of the amount approved for coal conversion;

(3) that the special limitation shall terminate immediately upon a disapproval by the United States Environmental Protection Agency (EPA);

(4) that the department expressly reserves the right to modify or revoke the special limitation on reasonable notice, if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitation fails adequately to protect the public health and welfare from sulfates, a determination that operation of the Ravenswood or Arthur Kill plants at such higher sulfur content oil as authorized herein contribute to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality;

(5) that Con Edison provide and operate a Department of Environmental Conservation approved continuous monitoring network;

(6) that Con Edison reevaluate and modify by December 31, 1981, the Con Edison monitoring network in a manner acceptable to the commissioner;

(7) that Con Edison upgrade the quality assurance procedures for the operation of its monitoring network in accordance with audits and recommendations by NYS DEC technical staff;

(8) that the department reserves the right to audit and require modification of the continuous monitoring network at any time, provided sufficient time is allowed for any modification required;

(9) that Con Edison shall submit monthly and annual reports which summarize sulfur dioxide concentrations as measured by its monitoring network for averaging times corresponding to Federal and State ambient air quality standards and wind observations obtained by instrumentation at both facilities; the format and submission schedule of such reports shall be in accordance with department specifications;

(10) that Con Edison shall submit two copies of all reports, required by this order, to the following persons:

(i) the department's Region 2 Air Pollution Control Engineer;

(ii) Commissioner, New York City Department of Environmental Protection;

(iii) department's Division of Air, Chief, Source Review Section;

(11) that Con Edison shall revise the reporting format and reporting dates upon notification by the department;

(12) that Con Edison submit by December 31, 1981 a comprehensive evaluation report of air monitoring data, including all Con Edison and New York State Department of Environmental Conservation data and selected New Jersey Department of Environmental Protection and Connecticut Department of Environmental Protection data collected during the period August 12, 1980 through August 11, 1981, in a manner acceptable to the commissioner;

(13) that Con Edison will maintain a reserve supply of oil of 0.30 percent sulfur content by weight for use as directed by the department during emergency periods;

(14) that Con Edison modify its emergency fuel switching program and procedures to incorporate appropriate New Jersey Department of Environmental Protection monitors;

(15) that Con Edison, upon commencement of the special limitation extension, initiate immediately an investigative program to determine the limitation of fuel sulfur content and combustion procedures necessary to meet and maintain opacity standards. That investigation to be completed within one month unless the need for additional time can be demonstrated to the satisfaction of the commissioner. The Arthur Kill Units 2 and 3 will be subsequently limited to the sulfur content and procedures determined;

(16) that Con Edison institute a program of plant operation of the Con Edison network to enhance the simulation of coal conversion operation consisting of:

(i) maximizing the plant capacity operation of Ravenswood Unit 3 and Arthur Kill Units 2 and 3 to achieve the 67 percent capacity operation anticipated subsequent to coal conversion, i.e., coal conversion dispatch; and

(ii) minimizing the use of natural gas in the Con Edison network, particularly at Ravenswood Units 1 and 2, to anticipate the future nonavailability of natural gas;

(17) that Con Edison institute and report to the department bi-monthly on the development and progress of an active and positive program of conversion to natural gas use of low level combustion sources, including space heating sources such as large housing projects and private developments, particularly south of the Mabel Dean Bacon area, incorporating technical and engineering assistance and possibly low interest loan funding assistance;

(18) that this special limitation will be modified to conform to any policy developed and agreed upon by the Atlantic Alliance regarding limits on pollutant emissions and prevention of significant deterioration increment consumption; and

(19) that the special limitation granted in this section shall not relieve Con Edison from the obligation to operate the Ravenswood and Arthur Kill facilities in such manner as to conform to the terms and conditions of the Certificate to Operate issued for such facilities; nor shall the special limitation issued in this section otherwise relieve Con Edison from any responsibilities for compliance with any applicable laws, regulations or requirements.

§250.22 Special limitation-- General Electric Company of Schenectady: Rotterdam boiler facility

It is ordered, pursuant to section 225.2(c) of this Title, that a special limitation for Units 1, 2, 3, and 4 at the Rotterdam steam generating facility is granted, to the extent that the General Electric Company (G.E.) of Schenectady, New York is authorized to purchase and use residual oil of up to a maximum of 2.8 percent sulfur content by weight in each of such units, and that residual oil of up to 2.8 percent sulfur content by weight may be sold to G.E. for use in each such unit. The limitation is conditioned on the following:

(a) that G.E. provide and operate a department-approved continuous monitoring network;

(b) that the special limitation shall take effect on approval of the terms thereof by the United States Environmental Protection Agency (EPA);

(c) that, as approved by EPA, the special limitation shall continue in effect for a period of three years from the date of such approval;

(d) that the department expressly reserves the right to modify or revoke the special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitation fails adequately to protect the public health and welfare from sulfates, a determination that operation of the Rotterdam facility at such higher sulfur-content oil as authorized herein contributes to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality;

(e) that the department reserves the right to audit and require modification of the continuous monitoring network at any time, provided adequate time is allowed for any modification required;

(f) that G.E. shall submit quarterly reports which summarize sulfur dioxide concentrations as measured by its monitoring network for averaging times corresponding to Federal and State ambient air quality standards and wind observations obtained by instrumentation at both facilities; the format and submission schedule of such reports shall be in accordance with department specifications;

(g) that G.E. shall submit two copies of all reports, required by this order, to the following individuals:

(1) the department's Region 4 Air Pollution Control Engineer;

(2) the department's Division of Air, Chief, Power Plant Review Section;

(h) that G.E. shall revise the reporting format and reporting dates upon notification by the department;

(i) that G.E. will maintain a reserve supply of oil of 2.0 percent sulfur content by weight for use as directed by the department during emergency periods;

(j) that the special limitation granted in this section shall not relieve G.E. from operating the subject facility in such manner as to conform to the terms and conditions of the certificate to operate issued therefor; nor shall the special limitation issued in this section otherwise relieve G.E. from any responsibilities for compliance with any applicable laws, regulations or requirements.

§250.23 Special limitation-- New York State Office of Mental Health: Kings Park Psychiatric Center, Smithtown, Suffolk County

It is ordered, pursuant to section 225.2(c) of this Title, that a special limitation for units 1, 2, 3 and 4 at the Kings Park Psychiatric Center (KPPC) steam generating facility is granted, to the extent that the New York State Office of Mental Health (NYSOMH) of Albany, New York is authorized to purchase and use coal with a sulfur content of up to 2.2 pounds per million BTU of gross heat content in each such unit, and that said coal may be sold to NYSOMH for use in each such unit. The limitation is conditioned on the following:

(a) that NYSOMH provide and operate or cause to be provided and operated a department-approved continuous monitoring network;

(b) that the special limitation shall take effect on approval of the terms thereof by the United States Environmental Protection Agency (EPA);

(c) that, as approved by EPA, the special limitation shall continue in effect for a period of three years from the day of such approval;

(d) that the department expressly reserves the right to modify or revoke the special limitation on reasonable notice if the department determines such action is necessary to protect the public interest, including but not limited to a determination that the special limitation fails adequately to protect the public health and welfare from sulfates, a determination that operation of the KPPC facility at such higher sulfur content coal as authorized herein contributes to the contravention of any applicable ambient air quality standard, or a determination that such operation would significantly degrade air quality;

(e) that the department reserves the right to audit and require modification of continuous ambient monitoring network at any time, provided adequate time is allowed for any modification required;

(f) the NYSOMH shall submit quarterly reports which summarize sulfur dioxide concentrations as measured by the ambient monitoring network for averaging times corresponding to Federal and State ambient air quality standards and wind observations, obtained by instrumentation within the network; the format and submission schedule of such reports shall be in accordance with department specifications;

(g) the NYSOMH shall submit two copies of all reports, required by this order, to the following individuals:

(1) the department's Region 1 Air Pollution Control Engineer;

(2) department's Division of Air, Chief, Power Plant Review Section;

(h) that NYSOMH shall revise the reporting format and reporting dates upon notification by the department;

(i) that NYSOMH will maintain a reserve supply of coal of up to 0.6 pound sulfur per million BTU of gross heat content for use as directed by the department during emergency periods;

(j) that the special limitation granted in this section shall not relieve NYSOMH from operating the subject facility in such manner as to conform to the terms and conditions of the Certificate to Operate issued therefor, nor shall the special limitation issued in this section otherwise relieve NYSOHM from any responsibilities for compliance with any applicable laws, regulations or requirements;

(k) that the NYSOHM Certificate to Operate specify that no more than three of the four units can be operated simultaneously at any given time.