Document Citation: 6 NYCRR 225-1.4

Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER III. AIR RESOURCES
SUBCHAPTER A. PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
PART 225. FUEL COMPOSITION AND USE
SUBPART 225-1. F

Date:
08/31/2009

Document:

§ 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 not 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 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.