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What is NYC AC § 24-168?

Quick Answer

This section regulates the types of fuel that can be used in fuel burning equipment, prohibiting the use of non-compatible fuels and specifying restrictions on burning certain grades of fuel oil. The Department of Environmental Protection (DEP) enforces these regulations. Applies to building owners operating fuel burning equipment.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 24-168 Use of proper fuel in fuel burning equipment.

AC § 24-168

(a)No person shall cause or permit the use of a kind or grade of fuel in fuel burning equipment that is not designed to burn that kind or grade of fuel. Nothing in this subdivision shall be construed to prohibit the use of bioheating fuel in fuel burning equipment that is adapted for such use.

(b)No person shall cause or permit the burning of refuse material in fuel burning equipment unless the equipment is designed to burn refuse material.

(c)No person shall cause or permit a boiler to burn residual fuel oil on or after January 1, 2020.

(d)No person shall cause or permit a boiler to burn fuel oil grade no. 4 on or after July 1, 2027, or for a boiler used to generate electricity and/or steam in an electric, steam, or combined electric and steam generation facility, on or after January 1, 2025. No work permit, certificate of operation, or registration for a boiler to burn fuel oil grade no. 4 shall be issued or renewed on or after June 30, 2024.

(e)No person shall cause or permit the use of a kind or grade of fuel in a diesel powered generator other than ultra low sulfur diesel.

(f)Notwithstanding the provisions of subdivision (d), no person shall cause or permit a boiler to burn fuel oil grade no. 4 in a boiler in a city property or in a public school building operated by the department of education on or after July 1, 2025. For the purposes of this section, the term "city property" shall mean any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2018/031, 1/8/2018, eff. 1/8/2018; Am. L.L. 2023/032, 3/6/2023, eff. 3/6/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/043 and L.L. 2023/032.

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