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Subpart 225-1 Fuel Composition and Use - Sulfur Limitations

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105)

[Filed 12/30/85. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. Contacts for technical questions for Subparts 225-1, and 225-2: Bureau of Stationary Sources at (518) 402-8403; Subpart 225-3: Bureau of Air Quality Planning at (518) 402-8396; Subpart 225-4: Bureau of Mobile Sources and Technology Development at (518) 402-8292.

Contents:

Sec.

• 225-1.1 Definitions
• 225-1.2 Prohibitions
• 225-1.3 Impact offset plans
• 225-1.4 Exceptions contingent upon fuel shortage
• 225-1.5 General variances
• 225-1.6 Compliance
• 225-1.7 Emission and fuel monitoring
• 225-1.8 Reports, sampling and analysis

§225-1.1 Definitions

(a) For the purpose of this Subpart, the general definitions of Part 200 of this Title apply.

(b) For the purpose of this Subpart, the following definitions also apply:

(1) Department. The New York State Department of Environmental Conservation.

(2) Environmental threshold value (ETV). The deposition rate, expressed in kilograms of wet sulfate per hectare per year, at which no significant damaging chemical or biological effects of acid deposition have been reported, and above which there is high probability that such effects would occur. The department has determined the ETV to be 20 kilograms of wet sulfate per hectare per year.

(3) Impact control point. The location or locations at which annual sulfate deposition is to be determined for purposes of determining the approvability of an impact offset plan.

(4) Sensitive receptor areas. Regions of the State, encompassing geographically significant land areas not wholly contained within any county, that the department determines to be susceptible to the impacts of acid deposition, based upon:

(i) geological information identifying areas incapable of adequately neutralizing acid deposition;

(ii) the presence of plant or animal species that are particularly sensitive to acid deposition;

(iii) existing acid deposition reports and data prepared by agencies of the State or Federal government; or

(iv) such other information that the department determines to be indicative of acid sensitivity.

§225-1.2 Prohibitions

(a) Except as provided in subdivision (b) of this section, or where the use of fuel with a sulfur content exceeding the limits of Tables 1-3 is specifically allowed pursuant to section 225-1.3, 225-1.4 or 225-1.5 of this Subpart, no person will sell, offer for sale, purchase or use any fuel which contains sulfur in a quantity exceeding the following limitations:

(1) oil with 0.75 percent sulfur by weight or coal with 0.60 pound of sulfur per million Btu gross heat content, where such oil or coal is for use in any stationary combustion installation with a total heat input greater than 250 million Btu per hour, if an application for a permit to construct the installation was received by the department or an application for a certificate of environmental compatibility and public need was received by the Public Service Commission after March 15, 1973, and the installation is not located in New York City, Nassau, Rockland or Westchester County. If two or more furnaces are connected to a common air cleaning device and/or stack, the total heat input for such stationary combustion installation is the sum of the total heat input of all furnaces which are operated simultaneously and connected to the common air cleaning device and/or stack; or

(2) as otherwise specified in Table 1, Table 2 or Table 3 of this section.

(b) No person who changes from the use of fuel oil or gas to coal in his air contamination source shall purchase for, or use in, such source coal with a sulfur content (in pounds per million Btu) which exceeds the sulfur-in-fuel limitations in Table 1, Table 2 or Table 3 of this section. If such air contamination source is located in an area of the State where any applicable ambient air quality standard for sulfur dioxide is being contravened or where an air quality impact analysis indicates that application of the sulfur-in-fuel limitations in Table 1, Table 2 or Table 3 could result in the contravention of any such sulfur dioxide standard, the sulfur content of the coal must not exceed:

(1) the sulfur-in-fuel level that would result in compliance with any applicable ambient air quality standard for sulfur dioxide; or

(2) the product of 0.55 times the maximum sulfur content for oil (in percent by weight) permitted by this Subpart for such source, whichever limitation is less stringent.

(c) Table 1.

* South Buffalo is defined as the area in the City of Buffalo south of a line from the intersection of IR 190 and Route 5 and proceeding east along IR 190 to the city limit.

** Averages are computed for each emission source by dividing the total sulfur content (pounds of sulfur) by the total gross heat content of all solid fuel received during any consecutive three-month period.

*** Averages are computed for each emission source by dividing the sum of the sulfur content (percent by weight) times the amount of each shipment of oil received, by the total amount of all oil received during any consecutive three-month period.

**** The sulfur-in-fuel limitations in this Table are the maximum sulfur-in-fuel limitations of general applicability in New York State prior to January 1, 1988. These limitations will continue in effect as the maximum permissible sulfur-in-fuel content in the State Implementation Plan (SIP) after December 31, 1987. Sources which seek alternative sulfur-in-fuel limits to those set forth in Table 2 may be granted limits up to those in Table 1 without constituting a change to the SIP. Should a source owner demonstrate that a sulfur-in-fuel limit above Table 1 can be accommodated, adoption of such limit will require satisfaction of the State Environmental Quality Review and State Implementation Plan requirements for the specific source.

(d) Table 2.

* South Buffalo is defined as the area in the City of Buffalo south of a line from the intersection of IR 190 and Route 5 and proceeding east along IR 190 to the city line.

** Averages are computed for each emission source by dividing the total sulfur content by the total gross heat content of all solid fuel received during any consecutive three-month period.

*** Annual averages are computed for each emission source by dividing the total sulfur content by the total gross heat content of all solid fuel received during any consecutive 12-month period.

**** The sulfur limitations in Table 1 will continue in effect as the maximum permissible sulfur-in-fuel content in the State Implementation Plan (SIP) after December 31, 1987. Under an impact offset plan, sources which seek alternative sulfur-in-fuel limits to those in Table 2 may be granted limits up to those in Table 1 without constituting a change to the SIP. Should a source owner demonstrate that a sulfur-in-fuel limit above that specified in Table 2 can be accommodated, such a limit may be granted provided an environmental impact statement is prepared which demonstrates that the requirements of the State Acid Deposition Control Act (SADCA) and the SIP requirements for specific source will be met.

(e) Table 3.

¹ Sulfur-in-fuel limitation in effect through September 24, 1986.

² Sulfur-in-fuel limitation in effect after September 24, 1986 through December 31, 1987.

³ Sulfur-in-fuel limitation in effect for units 4 and 5 if both are operated on coal. Sulfur dioxide emissions are not to exceed 1.0 lb/million Btu heat input. This limitation will remain in effect until amended.

⁴ Sulfur-in-fuel limitation in effect for one unit if the other is operated on 0.37 percent sulfur content oil or natural gas, or is not operated at all. Sulfur dioxide emissions are not to exceed 1.5 lb/million Btu heat input. This limitation will remain in effect until amended.

⁵ Maximum sulfur-in-fuel limitation for which a sulfate deposition offset credit is available as part of an impact offset plan pursuant to section 225-1.3 of this Subpart.

(f) Any sulfur dioxide control technique specified in section 19-0909 of the Environmental Conservation law (State Acid Deposition Control Act) is allowable to comply with the sulfur-in-fuel limitations in Table 2 (subdivision [d] of this section) or, as applicable, in Table 3 (subdivision [e]). The department may include any permit conditions it deems necessary to ensure that the control technique used for a specific source is enforceable and results in emissions no greater than those that would result from the use of fuel otherwise mandated.

§ 225-1.3 Impact offset plans

(a) The owner of a stationary combustion installation may develop a sulfur dioxide impact offset plan instead of having each emission source comply with the sulfur-in-fuel limitations of this Subpart.

(1) An impact offset plan may consist of two or more emission sources at a single facility, or at two or more proximate facilities where the commissioner determines that the emissions from the sources have the same acid deposition impact as though they were all from a single facility, provided that the facility has annual actual emissions of sulfur dioxide in excess of 100 tons, or the facility is a fossil fuel-fired electric generating facility with a generating capacity of 50 megawatts or more.

(i) Such an impact offset plan may provide for the use of fuel with a sulfur content that does not exceed the limitations of Table 1 (section 225-1.2[c] of this Subpart) or the sulfur limitations available to specific sources in Table 3 (section 225-1.2[e]), as applicable, provided that the source owner demonstrates, through an air quality impact analysis acceptable to the commissioner, that there will not be an increase in annual deposition of sulfates at an impact control point in any sensitive receptor area where the environmental threshold value is exceeded. The use of different types of fuel on a seasonal basis may be approved pursuant to this paragraph.

(ii) If total emissions of sulfur dioxide from the facility do not exceed the amount that would be allowed if each stationary combustion installation used fuel that complies with applicable limitations of Table 2 (section 225-1.2[d]) or the sulfur limitations available to specific sources in Table 3, as applicable, such an impact offset plan is approvable without the submittal of an air quality impact analysis.

(iii) Such an impact offset plan may provide for the use of fuel with a sulfur content that exceeds the limitations of Table 1 or the sulfur limitations available to specific sources in Table 3 , as applicable, provided that:

(a) the source owner demonstrates, through an air quality impact analysis acceptable to the commissioner, that there will not be an increase in annual deposition of sulfates at an impact control point in any sensitive receptor area where the environmental threshold value is exceeded, and that sulfur dioxide emissions from any source which is included in the impact offset plan will not cause a contravention of any ambient air quality standard or consume more prevention of significant deterioration (PSD) increment than allowed by the commissioner; and

(b) the emission limitation is approved by the Environmental Protection Agency as a revision to the State Implementation Plan.

(2) An inter-facility impact offset plan may consist of emission sources at two or more separate facilities. For a facility to be eligible to be included in an impact offset plan, annual actual emissions of sulfur dioxide must exceed 100 tons, or the facility must be a fossil fuel-fired electric generating facility with a generating capacity of 50 megawatts or more.

(i) Such an impact offset plan may provide for the use of fuel with a sulfur content that does not exceed the limitations of Table 1 or the sulfur limitations available to specific sources in Table 3 , as applicable, provided that the source owner(s) demonstrates, through an air quality impact analysis acceptable to the commissioner, that there will not be an increase in annual deposition of sulfates at an impact control point in any sensitive receptor area where the environmental threshold value is exceeded.

(ii) Such an impact offset plan may provide for the use of fuel with a sulfur content that exceeds the limitations of Table 1, provided that:

(a) the source owner(s) demonstrates, through an air quality impact analysis acceptable to the commissioner, that there will not be an increase in annual deposition of sulfates at an impact control point in any sensitive receptor area where the environmental threshold value is exceeded, and that sulfur dioxide emissions from any source which is included in the impact offset plan will not cause a contravention of any ambient air quality standard or consume more prevention of significant deterioration (PSD) increment than allowed by the commissioner; and

(b) the emission limitation is approved by the Environmental Protection Agency as a revision to the State Implementation Plan.

(b) The terms of an approved impact offset plan will be made conditions of the certificates to operate for each emission source which is part of the plan. Emission reductions which are used to offset the acid deposition impact of other sources must be quantifiable actual reductions that are enforceable through conditions on the certificate to operate. In the case of inter-facility impact offset plans, owners of each facility included in the plan must consent to the addition of such conditions to the certificates to operate before the plan may be implemented.

(c) Before applications for modifications of certificates to operate, submitted in accordance with an inter-facility impact offset plan, will be considered complete, the applicant must submit, and the department must approve, an agreement between the source owners and/or operators which binds the facilities to operate under the plan. The agreement must remain in effect for at least three years, and any modifications or amendments must be submitted to the commissioner for approval. If permit or certificate conditions which set forth the plan are not complied with, the commissioner may revoke or modify the permit or certificate pursuant to section 621.13 of this Title, Uniform procedures.

(d) If approval of the impact offset plan requires a public hearing, pursuant to clause (a)(1)(iii)(b) or (a)(2)(ii)(b) of this section, the applicant(s) for the plan must bear all associated hearing expenses, including but not limited to rental of a hearing location transcript, and a stenographer.

(e) An impact offset plan may include stationary combustion installations which are subject to paragraph (1) of section 225-1.2(a) of this Subpart, but such installations will not be allowed to operate in contravention of that paragraph.

(f) For purposes of this Subpart, sensitive receptor areas are:

(1) Central-Western Adirondack Mountains, including Hamilton County and parts of Essex, Franklin, Fulton, Herkimer, Lewis, Oneida, St. Lawrence and Saratoga Counties. The impact control points for this sensitive receptor area are located at latitude 43 57' N. and longitude 74 54' W., and at latitude 44 21' N. and longitude 74 00' W.

(2) Western Catskill Mountains, including parts of Sullivan and Ulster Counties. The impact control point for this sensitive receptor area is located at latitude 42 00' N. and longitude 74 30'W.

(3) Hudson Highlands, including part of Dutchess, Orange, Putnam and Rockland Counties. The impact control point for this sensitive receptor area is located at latitude 41 24' N. and longitude 74 00' W.

(g) Applications for impact offset plans will not be considered which include offsetting acid deposition increases, caused by the use of higher sulfur content fuel than is otherwise mandated, with decreases in emissions of oxides of nitrogen, until the department has promulgated a regulation which controls the emission of oxides of nitrogen as directed by section 19-0913 of the Environmental Conservation Law.

§225-1.4 Exceptions contingent upon fuel shortage

(a) Upon application by an air contamination source owner or a fuel supplier, or upon his own initiative, the commissioner may issue an order granting a temporary variance from the provisions of this Subpart where it can be shown, to the commissioner's satisfaction, that there is an insufficient supply of conforming fuel, either:

(1) of the proper type required for use in a particular air contamination source; or

(2) generally throughout an area of the State.

(b) The Commissioner of the State Energy Office must certify that there exists an insufficient supply of fuel which conforms to the standards in this Subpart before a sulfur-in-fuel variance may be granted under this subdivision.

(c) The commissioner may grant a sulfur-in-fuel variance contingent upon a fuel shortage for a period longer than 45 days.

(d) The commissioner may grant a sulfur-in-fuel variance contingent upon a fuel shortage for a period longer than 45 days but not longer than one year only after a public hearing is held to gather information relevant to such a variance. The applicant for the variance must publish notice of such hearings, in a form acceptable to the commissioner, in a newspaper of general circulation in the area for which the variance is sought. The applicant will bear the cost of publication of the notice, of the hearing transcript, and for rental of space in which the hearing is conducted.

(e) An economic adjustment fee must be deposited with the commissioner before a variance will be granted. The economic adjustment fee is computed by multiplying the cost per unit of conforming fuel, less the cost per unit of nonconforming fuel, by the quantity of nonconforming fuel, less the cost per unit of nonconforming fuel, by the quantity of nonconforming fuel allowed to be supplied by the variance. The cost per unit of conforming fuel will be established by the State Energy Office. If the total quantity of nonconforming fuel allowed by the variance is not distributed or received, a proportionate economic adjustment fee refund will be made. No economic adjustment fee will be assessed on any fuel supplied to a public utility or to a facility owned and operated by a governmental agency.

(f) The commissioner recognizes that, pursuant to section 117 of article 5 of the Energy Law, provisions of this Subpart may be preempted when the Governor declares that an energy or fuel supply emergency exists or is impending.

§225-1.5 General variances

(a) Fuel mixtures. Fuels with a sulfur content greater than that allowed by this Subpart may be used when the source owner can demonstrate that sulfur dioxide emissions do not exceed the value for S calculated by the following equation:

where:

This general variance for fuel mixtures only applies to processes or stationary combustion installations. Compliance will be based on the total heat input from all fuels burned, including gaseous fuels. Any source owner who chooses to burn a fuel mixture pursuant to this subdivision is subject to the emission and fuel monitoring requirements of section 225-1.7 of this Subpart.

(b) Equivalent emission rate. The commissioner will grant a variance from the sulfur-in-fuel limitations in this Subpart to a source owner who demonstrates, to the commissioner's satisfaction, that the fuel use thus permitted will not result in the emission of sulfur compounds (expressed as sulfur dioxide) to the outdoor atmosphere at a rate greater than would result through the use of fuels otherwise mandated. Equivalency must be calculated on the basis of pounds of sulfur dioxide per million Btu heat input.

(c) Experiments. Upon application, the commissioner may issue an order allowing the sale, offering for sale, purchase and use of fuel having a sulfur content in excess of the limits imposed by this Subpart, where such fuel would be used to demonstrate the performance of experimental equipment and/or process(es) for reducing sulfur compounds in stack emissions.

(d) Coal and coke. In New York City and Nassau, Rockland and Westchester Counties, the commissioner will permit:

(1) the sale and the continued, but not increased, purchase and use of coal and coke for installations with a maximum operating heat input equal to or less than one million Btu per hour if coal and coke has been used continuously since December 31, 1967 and the maximum sulfur content does not exceed 0.6 pound per million Btu gross heat content;

(2) the sale and the continued, but not increased, purchase and use of coal and coke for installations with a maximum operating heat input greater than one million Btu per hour if coal and coke has been used continuously since December 31, 1967, an application for continued use of such fuel was received before April 2, 1977, and the use of such fuel does not violate the terms and conditions of the State Implementation Plan; and

(3) the sale, purchase and use of coal and coke for approved conversions of existing stationary combustion installations to the use of coal, and for new coal-fired stationary combustion installations; provided that the coal conversion or new stationary combustion installations meets all applicable air quality and State Environmental Quality Review requirements.

§225-1.6 Compliance

(a) Any person who buys, sells, offers for sale or uses fuel must comply with the sulfur-in-fuel limitations in Table 1 (section 225-1.2[c]) as of the effective date of this Subpart [January 29, 1986].

(b) The sulfur-in-fuel limitations in Table 2 (section 225-1.2[d]) are in effect beginning January 1, 1988.

(c) If a sulfur-in-fuel limitation available to specific sources listed in Table 3 (section 225-1.2[e]) is in effect, the limitation in Table 3 will supersede, after the effective date of this Subpart, the limitation in Table 1 or, after January 1, 1988, the limitation in Table 2, for that specific source. Continuation of a sulfur-in-fuel limitation for a specific source after its expiration will require satisfaction of the State Environmental Quality Review and State Implementation Plan requirements for the specific source. Sulfur-in-fuel limitations for specific sources listed in Table 3 which are not currently in effect must also meet the above requirements before they can be put into effect.

§225-1.7 Emission and fuel monitoring

(a) The provisions of this section apply to owners of stationary combustion installations:

(1) with a total heat input greater than 250 million Btu per hour. If two or more furnaces are exhausted through a common stack, the total heat input for such a stationary combustion installation is either the sum of the maximum operating heat inputs of all furnaces which are operated simultaneously and exhausted through the common stack, or the maximum operating heat input of any individual furnace operated independently and connected to the common stack, whichever is greater;

(2) which are equipped with approved sulfur dioxide control equipment; or

(3) which are subject to a sulfur dioxide equivalent emissions rate for a fuel fixture pursuant to section 225-1.5(a) of this Subpart.

(b) Instruments for continuously monitoring and recording sulfur compound emissions (expressed as sulfur dioxide) must be installed and operated at all times that the stationary combustion installation is in service. Such instruments must be operated in accordance with manufacturer's instructions, must satisfy the criteria in "performance specification 2," appendix B, part 60 of title 40 of the Code of Federal Regulations (see Table 1, section 200.9 of this Title), and must be acceptable to the commissioner. Exceptions to this requirements are:

(1) installations where gaseous fuel is the only fuel burned; or

(2) installations, not including any equipped with sulfur dioxide control equipment, whose fuel is subjected to representative sampling and sulfur analysis conducted in a manner approved by the commissioner.

(c) Measurements must be made daily of the rate of each fuel burned. The gross heat content and ash content of each fuel burned must be determined at least once each week. In the case of combustion installations producing electricity for sale, the average electrical output and the hourly generation rate must also be measured.

(d) Data collected pursuant to this section must be tabulated and summarized in a form acceptable to the commissioner, and must be retained for at least three years. The source owner must furnish such records and summaries upon request of the commissioner.

(e) Source owners subject to this section must submit a written report of the fuel sulfur content exceeding the applicable sulfur-in-fuel limitation, or of measured emissions exceeding the applicable sulfur-in-fuel limitation, or of measured emissions exceeding the applicable equivalent emission rate, and the nature and cause of such excesses if known, for each calendar quarter.

§225-1.8 Reports, sampling and analysis

(a) The commissioner may require an owner of an air contamination source to retain for up to three years, and to submit to him, fuel analyses, information on the quantity of fuel received, burned or sold, and results of stack sampling, stack monitoring and other procedures to ensure compliance with the provisions of this Subpart.

(b) (1) Any person who sells oil and/or coal must retain, for at least three years, records containing the following information:

(i) fuel analyses and data on the quantities of all oil and coal received; and

(ii) the names of all purchasers, fuel analyses and data on the quantities of all oil and coal sold.

(2) Such analyses must contain, as a minimum:

(i) data on the sulfur content, ash content, specific gravity and heating value of residual oil;

(ii) data on the sulfur content, specific gravity and heating value of distillate oil; and

(iii) data on the sulfur content, ash content and heating value of coal.

(c) Persons required to maintain and retain records pursuant to subdivision (b) of this section must make such records available for inspection during normal business hours by the commissioner or his representative, and must furnish copies of such records to the commissioner or his representative upon request.

(d) Sampling, compositing and analysis of fuel samples must be done in accordance with methods acceptable to the commissioner.