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Proposed Subpart 225-1 Fuel Composition and Use - Sulfur Limitations

The New York State Department of Environmental Conservation (Department) is proposing to revise 6 NYCRR Subpart 225-1, "Fuel Composition and Use - Sulfur Limitations". Subpart 225-1 imposes limits on the sulfur content of distillate oil, residual oil, and coal fired in stationary sources. The Department is proposing these revisions to both implement a statutory requirement and meet our obligations to reduce air pollution. The revisions to Subpart 225-1 will be a component of the State Implementation Plan (SIP) for New York State (NYS) directed at attainment of the particulate matter less than or equal to 2.5 microns in diameter (PM-2.5) national ambient air quality standard (NAAQS), the sulfur dioxide (SO2) NAAQS and the Department's obligations under the regional haze SIP submitted to U.S. Environmental Protection Agency (EPA) on March 15, 2010.

The revisions to Subpart 225-1 will add process sources and incinerators as stationary emission sources to which these revisions will apply in NYS. The revisions will also lower the sulfur-in-fuel limit for waste oil and correct minor typographical errors. Finally, the revisions will remove both 6 NYCRR subdivision 225-1.3(e) which cites section 117 of article 5 of the Energy Law and 6 NYCRR paragraph 225-1.4(c)(2) pertaining to the coal and coke variance.

Due to the unprecedented nature of Covid-19, Governor Cuomo has issued a PAUSE Order directing non-essential meetings/gatherings to be suspended or cancelled. See Executive Order 202 and subsequent additions. As a result, at this time, the Department is cancelling the previously scheduled public hearings for this proposed rulemaking and extending the comment period for this rulemaking for 30 days.

Comment period closed.

The public comment period for this rulemaking is extended until 5:00 PM Wednesday, May 15, 2020. For further information, contact:

Mike Jennings
NYSDEC
Division of Air Resources
625 Broadway
Albany, NY 12233-3251
Phone (518) 402-8403
E-mail: air.regs@dec.ny.gov

Requests for information and comments related to the SIP revision may be obtained from:

Robert D. Bielawa, P.E.
NYSDEC
Division of Air Resources
625 Broadway
Albany, NY 12233-3251
Phone: (518) 402-8396
E-mail: mailto:air.sips@dec.ny.gov


More about Proposed Subpart 225-1 Fuel Composition and Use - Sulfur Limitations:

  • Proposed Subpart 225-1 Regulatory Impact Statement Summary - Summary of the Regulatory Impact Statement
  • Proposed Subpart 225-1 Express Terms Summary - The Department is proposing revisions to Subpart 225-1 to add process sources and incinerators as stationary emission sources, lower the sulfur-in-fuel limit for waste oil, correct minor typographical errors, remove subdivision 225-1.3(e), and remove paragraph 225-1.4(c)(2).
  • Proposed Subpart 225-1 Express Terms - Proposed changes to Subpart 225-1 express terms
  • Proposed Subpart 225-1 Regulatory Impact Statement - A general overview of the regulation detailing, among other things, the statutory authority, need for and justification of the proposal, expected cost and recordkeeping/reporting impacts, and compliance schedule.
  • Proposed Subpart 225-1 Job Impact Statement - Necessary for all regulations affecting 100 or more jobs and employment opportunities, this document details the number and categories of jobs affected, regions of the state suffering a disproportionate impact, and measures taken to minimize any impact on jobs and employment opportunities.
  • Proposed Subpart 225-1 Rural Area Flexibility Analysis - Defined as counties with populations of fewer than 200,000 people and towns in non-rural counties where population density is less than 150 people per square mile, this must state any impacts or requirements imposed upon rural areas. This must also express opportunities provided for rural citizens, businesses or organizations to participate in the rulemaking.
  • Proposed Subpart 225-1 Regulatory Flexibility Analysis for Small Businesses and Local Governments - Consideration of, and steps taken by the Department, to minimize any negative impacts on small businesses (independently owned businesses wholly within New York State of 100 employees or fewer) or local governments. This includes an explanation of what opportunities were provided to these entities to participate in the rulemaking process.
  • Contact for this Page
  • NYSDEC
    Division of Air Resources
    Proposed Subpart 225-1
    625 Broadway
    Albany, NY 12233-3250
    518-402-8401
    Send us an email
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