§ 2-15 Performance Standards for the Continued Use of #4 Oil and #6 Oil in Heat and Hot Water Boilers.
RCNY § 2-15
(a)General Provisions.
(1)The commissioner will not issue a work permit or a certificate of operation or a registration for a boiler and/or burner that uses #4 oil or #6 oil unless (i) the applicant demonstrates to the satisfaction of the commissioner that the particulate matter and NOx emissions of the #4 oil and/or #6 oil meets the equivalency standards described in this section, or (ii) the applicant enters into a compliance agreement with the commissioner as provided in this section.
(2)An owner who holds a certificate of operation or a registration for a boiler and/or burner that uses #4 oil may file an amendment to convert the boiler and/or burner to use #2 oil and/or natural gas. An owner who holds a certificate of operation or a registration for a boiler and/or burner that uses #6 oil may file such an amendment to convert the boiler and/or burner to use #2 oil, #4 oil and/or natural gas. An amendment pursuant to this paragraph must not require the replacement of a boiler and/or burner.
(3)The commissioner will not approve any amendment for a previously issued work permit or certificate of operation or a registration to convert a boiler and/or burner from using #2 oil, #4 oil and/or natural gas to using #6 oil or from using #2 oil and/or natural gas to using #4 oil.
(4)The equivalency levels of particulate matter and NOx as set forth in this section must be demonstrated through (i) the submission by either a professional engineer or registered architect licensed under Education Law §§ 7202 or 7302 of detailed calculations and supporting documentation to verify the equivalency levels or (ii) the submission by the applicant of an equivalency form published by the department that provides for calculations based on fuel use, energy values and emission factors from AP-42.
(5)Notwithstanding any other provision in this section, the commissioner will not issue a work permit or a certificate of operation or a registration for a boiler and/or burner that uses #2 oil, #4 oil, #6 oil and/or natural gas unless the particulate matter and NOx emissions of such boiler or burner meets any binding emissions standard established by either state or federal law or regulation.
(6)Nothing in this section may be interpreted as requiring the New York City Department of Housing Preservation and Development, when conducting an emergency repair in accordance with §§ 27-2125 through 27-2129 of the New York City Administrative Code, to convert a boiler and/or burner to use different fuel or to replace a boiler and/or burner with a boiler and/or burner that uses a different fuel.
(b)Existing Boilers (Renewal).
(c)New Installations (Replacement).
(d)Sunset Provision. Notwithstanding any other provision in this section, after January 1, 2030, all applications for a certificate of operation or a registration for a boiler and/or burner must specify that the equipment uses #2 oil and/or natural gas, unless (i) the applicant demonstrates to the satisfaction of the commissioner that the particulate matter and NOx emissions of the #4 oil or #6 oil to be used in such boiler and/or burner will be equivalent to or less than emissions from #2 oil as provided in paragraph 4 of subdivision a of this section, or, (ii) the applicant is an owner of fifty or more buildings with boilers or burners that use #4 oil or #6 oil, and enters into a compliance agreement with the commissioner in accordance with subdivision (e) of this section.
(e)Compliance Agreements.
(7)By December 31, 2014, and every year thereafter, the commissioner will publish a report summarizing the number of compliance agreements applied for and granted. The report will also summarize the environmental impacts of such compliance agreements and the overall program on tons of particulate matter and NOx in the air.
(8)Notwithstanding this specific compliance provision, § 24-110 of the New York City Administrative Code may apply. (Amended City Record 5/13/2016, eff. 6/12/2016)
