New York State Department of Environmental Conservation 

Assistant Commissioner 

Office of Air Resources, Climate Change & Energy, 14tb Floor 

625 Broadway, Albany, New York 12233-1010 

Phone: (518) 402-8549· F'ax: (518) 402-8541 ]()e Martens 

'Website: Commissioner 

Ms. Judith Enck 

Regional Administrator 

United States Environmental Protection Agency 

Region 2 

290 Broadway, 26th Floor 

New York, New York 10007-1866 

Revision to New York State Implementation Plan for Regional Haze 

Dear Ms. Enck: 

On behalf ofthe Governor ofthe State ofNew York, I am submitting for approval by the 

United States Environmental Protection Agency (USEPA) revisions to the New York State 

Implementation Plan for Regional Haze. 

These revisions consist oflegislation amending the Environmental Conservation Law 

(ECL) to require a reduction in sulfur for heating oil used in New York State, Specifically, Bill 

Number S1145C amends the ECL by adding a new section 19-0325 to require that on or after 

July 1, 2012. all number two heating oil sold for use in residential, commercial, or industrial 

heating within New York State shall not have a sulfur content greater than fifteen parts per 

million. When number two heating oil containing sulfur is burned, sulfur dioxide, a primary 

precursor pollutant for sulfate particles, is released into the atmosphere. These sulfates are the 

main constituent ofregional haze in the Northeast. Additionally, exhaust particles fonned by 

burning home heating oil contribute to the level of fine particulates in the air, especially those 

less than 2.5 microns in size (PM2.5), exacerbating allergies, triggering asthma attacks, 

decreasing lung function, causing heart attacks and shortening life expectancy. 

An analysis ofthe sulfur dioxide (SOz) reductions obtained through the use ofJow sulfur 

number two heating oil statewide, based on the sulfur content used in the 2002 area source 

combustion inventory and a future sulfur content of 0.0015 percent, shows a projected S02 

emission reduction of approximately 54,090.3 tons, from 54,300 tons in 2002 to an estimated 

209.7 tons as a result of implementing this law. 

The chart below represents a comparison between implementing the low sulfur 

legislation in 2012 and not implementing the legislation. Significant SOz reductions are obtained 

as a result ofthe legislation being implemented. 
2 

Comparison 'SO E .. at 2 'miSSIOns firom D'IStl'11ate 0'11 uscdfior Heatmg Area Sources 

Sector 2002 Distillate 2012 Distillate 2002 S02 Emissions 2012 S02 Emissions 

(x 1000 gal) (x 1000 gal) (tons) (tons) 

2002 Fuel ULSD 

Sulfur 

Residential 1,333,500 1,334,400 35,890 35,920 142.1 

Commercial 560,100 526,100 15,700 14,750 56.0 

Industrial 109,400 108,500 3,660 3,630 11.6 

Totals 2,003,000 1,969,000 55,250 54,300 209.7 

ULSD: Ultra-low sulfur diesel (0.0015 percent sulfur). 

The following growth factors (2002 to 2012) were used: 

Residential Sector: 1.0007
 

Commercial Sector: 0.9394
 

Industrial Sector: 0.9924
 

The Department's Regional Haze SIP, which was submitted to the USEPA on March 15, 

2010, showed a reduction in S02 emissions of68 percent from 2002 to 2018. That SIP 

contained a low sulfur fuel oil reduction strategy through which New York will reduce the sulfur 

content to specific limits by 2012, but did not include the ECL amendments, The i~c1usion of 

these new programs in New York's regional haze SIP will result in additional S02 reductions of 

54,090.3 tons per year from the area source sector and assist in meeting the reasonable progress 

goals contained in the MarL:h 20 I 0 Regional Haze SIP. 

The revisions to the EeL being submitted today address those strategies as they relate to 

the residential, commercial/institutional, electrical or industrial burning of number two fuel oil 

satisfying, in part, New York State's obligation under this SIP. This requirement was established 

through state legislation rather than rulemaking and is presently in effect without a need for rule 

promulgation. 

This SIP revision request includes the following: 

1.	 Chapter 203 of the Laws ofNew York, 2010, containing new Section 19-0325. 

2.	 Notice ofProposed Regional Haze State Implementation Plan Revisions as 

published in the Environmental Notice Bulletin on October 20, 2010. 

3.	 Corrected Notice of Proposed Regional Haze State Implementation Plan 

Revisions as published in the Environmental Notice Bulletin on November 17, 

2010. 

4.	 Assessment of Public Comments received from October 20, 20 I0 to December 

20,2010. . 
--

3 

In addition, the Department of Environmental Conservation is proposing to revise 6 

NYCRR Subpart 225-1, Fuel Composition and Use - Sulfur Limitations, to lower current 

distillate and residual oil sulfur-in-fuel1imitations. Eel section 19-0325 establishes the limits 

for heating oil throughout the State beginning on July 1,2012. We are proposing to include 

these provisions and establish additional requirements for the remainder of fuel oils beginning on 

July 1,2014. 

Should you have any questions regarding this submission, please do not hesitate to 

contact Mr. David J. Shaw, Director of the Department's Division ofAir Resources, at (518) 

402-8452. 

1. Jarqd Snyder 

Assistant Commissioner 

Office of Air Resources, Climate Change and 

Energy 

Enclosures 

cc: D. Shaw 

S. flint 

R. Sliwinski

R. \Venter, EPA Region 2 
LAWS OF NEW YORK, 2010 

CHAPTER 203 

AN ACT to amend the environmental conservation law, in relation to 

requiring a reduction in sulfur for all heating oil used in the state 

Became a law July 15, 2010, with the approval of the Governor.
 

Passed by a majority vote, three-fifths being present.
 

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Section 1. The environmental conservation law is amended by adding a 

new section 19-0325 to read as follows: 

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§ 2. This act shall take effect immediately. 

The Legislature of the STATE OF NEW YORK ~~:.

Pursuant to the authority vested in us by section 70-b of the Public 

Officers Law, we hereby jointly certify that this slip copy of this 

session law was printed under our direction and, in accordance with such 

section, is entitled to be read into evidence. 

MALCOLM A. SMITH SHELDON SILVER 

!,>:r,esiden'c of t:he Sena.te .Speake:r:: ~.!: 5;£~!') !~~ ~i~~L;;:

EXPLANATION--Matter in i.talics is new; matter in brackets [ ] is old law 

to be omitted. 
PUBLIC NOTICE 

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 

"REGIONAL HAZE STATE IMPLEMENTATION PLAN REVISIONS FOR LEGISLATION AMENDING THE 

ENVIRONMENTAL CONSERVATION LAW TO REQUIRE A REDUCTION IN SULFUR FOR HEATING OIL 

USED IN NEW YORK STATE AND INCLUSION OF NEW YORK CITY LOCAL LAW REQUIRING LOW 

SULFUR HEATING OIL USED IN NEW YORK CITY" 

Notice is hereby given that the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL 

CONSERVATION (Department) plans to submit State Implementation Plan (SIP) revisions for the Regional Haze 

SIP. These revisions consist of legislation amending the Environmental Conservation Law (ECL) to require a 

reduction in sulfur for heating oil used in New York State. The ECL was amended by adding a new section 19-0325 

to require that on or after July 1, 2012, all number two heating oil sold for use in residential, commercial, or 

industrial heating within New York State shall not have a sulfur content greater than fifteen parts per million. 

Additional revisions to the Regional Haze SIP include the requirements in New York City Local Law 194-A, which 

requires that by 2012, the sulfur content of number four heating oil be limited to no more than 1,500 parts per 

million by October 1, 2012; all sources (boilers for heating space and water, over 350,000 btuJhr) ofnumber four and 

number six heating oil will be required to use the low sulfur number four oil; and at equipment replacement, the use 

ofthe equivalent (for PM and NOx emissions) ofnumber two or natural gas will be required. 

The Regional Haze SIP which was submitted to the United States Environmental Protection Agency on 

March 15, 2010 contained a low sulfur fuel oil reduction strategy through which New York will reduce the sulfur 

content to specific limits by 2012. The revisions to the ECL being submitted today address those strategies as they 

relate to the residential, commercial/institutional, electrical or industrial burning of number two fuel oil satisfying, in 

part, New York State's obligation under this SIP. Local Law 194-A requires sulfur reductions in number four 

heating oil. Please note that these requirements were established through state and local legislation, respectively, 

rather than rulemaking and are presently in effect without a need for rule promulgation. 

The Department is providing a 30-day period to comment on the inclusion of these revisions in the SIP. 

Written comments should be submitted by 5:00 PM on November 22,2010 to Ms. Diana L. Rivenburgh, New York 

State Department of Environmental Conservation, 625 Broadway, 2nd Floor, Albany, New York, 12233-3251 or by 

e-mail to:airsips@gw.dec.state.ny.us.Ms. Rivenburgh can be reached at (518) 402-8396 with any questions 

regarding these SIP revisions. 
PUBLIC NOTICE 

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 

"REGIONAL HAZE STATE IMPLEMENTATION PLAN REVISIONS FOR LEGISLATION AMENDING THE 

ENVIRONMENTAL CONSERVATION LAW TO REQUIRE A REDUCTION IN SULFUR FOR HEATING OIL 

USED IN NEW YORK STATE AND INCLUSION OF NEW YORK CITY LOCAL LAW REQUIRING LOW 

SULFUR HEATING OIL USED IN NEW YORK CITY" 

This replaces the previous public notice published on October 20, 2010 regarding these revisions and 

therefore, the comment period deadline has also been extended as noted below. 

Notice is hereby given that the NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL 

CONSERVATION (Department) plans to submit State Implementation Plan (SIP) r~visions for the Regional Haze 

SIP. These revisions consist oflegislation amending the Environmental Conservation Law (ECL) to require a 

reduction in sulfur for heating oil used in New York State. The ECL was amended by adding a new section 19-0325 

to require that on or after July 1,2012, all number two heating oil sold for use in residential, commercial, or 

industrial heating within New York State shall not have a sulfur content greater than fifteen parts per million. 

Additional revisions to the Regional Haze SIP include the requirements in New York City Local Law 194-A, which 

requires that the sulfur content of number four heating oil be limited to no more than 0.15 percent by October 1, 

2012. 

The Regional Haze SIP which was submitted to the United States Environmental Protection Agency on 

March 15, 2010 contained a low sulfur fuel oil reduction strategy through which New York will reduce the sulfur 

content to specific limits by 2012. The revisions to the ECL being submitted today address those strategies as they 

relate to the residential, commercial/institutional, electrical or industrial burning of number two fuel oil satisfying, in 

part, New York State's obligation under this SIP. Local Law 194-A requires sulfur reductions in number four 

heating oil. Please note that these requirements were established through state and local legislation, respectively, 

rather than rulemaking and are presently in effect without a need for rule promulgation. 

The Department is providing a 30-day period to comment on the inclusion ofthese revisions in the SIP. 

Written comments should be submitted by 5:00 PM on December 20,2010 to Ms. Diana L. Rivenburgh, New York 

State Department ofEnvironmental Conservation, 625 Broadway, 2nd Floor, Albany, New York, 12233-3251 or by 

e-mail to:airsips@gw.dec.state.ny.us.Ms. Rivenburgh can be reached at (518) 402-8396 with any questions 

regarding these SIP revisions. 
Assessment of Public Comments 

Proposed Revisions to the State Implementation Plans for Regional Haze Incorporating Low Sulfur Heating Oil 

Requirements
 

Comments Received from October 20,2010 to December 20,2010
 

Economic Concerns 

1. Comment: Legislation passed by the NYS legislature to reduce the sulfur content of home heating oil to 

15 ppm by 2012 will cause significant harm to consumers in New York by raising the price of both No.2 fuel 

oil (means No.2 fuel oil with a sulfur content of 2000 ppm or more) and diesel fuel by 15 to 25 cents per 

gallon. The combined effects from this rule of diminished supply and increasing demand will raise prices to 

consumers of heating oil and diesel by about 20 cents per gallon, costing consumers in New York. The 

reduction from 500 ppm to 15 ppm will not bring any additional economic benefits to consumers. A 15 ppm 

standard will cause high quality distillate to be downgraded to much less valuable products. A 15 ppm or 50 

ppm standard imposes unnecessary burdens and costs on business and consumers. (1) 

Response: Thank you for your comment. On July 15,2010 Chapter 203 of the Laws of New York, 

2010 was passed by the New York State Legislature and signed into law by the Governor. While the 

Department does not have any control over the NYS Legislature, this law will provide New York with 

significant emissions reductions. Stationary sources subject to the Subpart 225-1 provisions may incur 

increased fuel oil costs associated with this proposed regulation. There are several factors that may affect fuel 

oil prices. These factors include but are not limited to fuel availability, price of crude oil, production costs, an 

increase in taxes on oil, overall demand based on weather conditions, and natural gas availability and price. 

The Department anticipates that production costs will increase. This in tum may increase the cost to fuel oil 

consumers (fuel oil consists of either distillate oil or residual oil) by five to nine cents per gallon from the 2009­

Page 1 of9 
2010 oil price average. However, based on the above listed factors there mayor may not be an increase in -oil 

prices (there is the possibility that oil prices could decrease). There is a net benefit in health costs and 

maintenance costs showing that the proposed standards for distillate oil and residual oil will have a minimum 

net benefit in health care savings of $1.75 billion. (Public Health Benefits of Reducing Ground-level Ozone 

and Fine Particle Matter in the Northeast U.S., A Benefits Mapping and Analysis Program (BENMAP) Study, 

NESCAUM, January 15, 2008). Also, energy efficiency improvement efforts would result in future reductions 

in fuel oil consumption. The use of low sulfur distillate oil by consumers for heating results in a cost benefit 

because the lower-sulfur oil is cleaner-burning and results in a substantial reduction in heating equipment 

maintenance and service requirements, while at the same time reducing S02 emissions. Additionally, the use of 

low sulfur distillate oil will extend furnace life and could reduce the cost of new oil furnaces, because of the 

ability to use lower-cost materials in their construction and more compact heat exchangers. New York is 

proposing to include the Chapter 203 legislation in the Regional Haze SIP to help obtain emissions reductions 

required under the federal Clean Air Act (Act). 

2. Comment: The proposed reduction in sulfur content ofhome heating oil to 15 ppm statewide in 2012 is 

not clearly needed. The reduction to 15 ppm exceeds requirements of Federal law and a cost-benefit analysis is 

needed for this step. Commenter does not believe the reduction to 15 ppm can be justified at this time and 

believes that 500 or 1000 ppm is a more supportable standard as part of the SIP. The proposed reduction of 

sulfur content in heating oil to 15 ppm is the most restrictive standard for heating oil in the entire world. The 

product cost of the reduction from 500 ppm to 15 ppm is estimated by EPA to be much higher than the 

reduction to 500 ppm for much less sulfur reduction. A product specification of 500 ppm is less likely to result 

in price spikes because there are more additional sources of supply. Implementing a 15 ppm sulfur for heating 

oil drastically limits worldwide of supply, with two predictable effects, higher long term prices and much more 

limited ability to obtain supply quickly in the case of a cold winter. (l) 

Page 2 of9 
Response: Please see the response to Comment 1. In response to the concern that the availability of 

ultra-low sulfur distillate oil may be constrained at the beginning of 2012, the Department proposes to 

implement the ultra-low sulfur distillate oil standard for number 2 heating oil in 2012 because the legislation 

mandates such. Currently available refinery studies conducted for the National Oil Heat Research Alliance 

(NORA) American Petroleum Institute (API) and a public health benefits study conducted by the Northeast 

States for Coordinated Air Use Management (NESCAUM) did not anticipate a future shortage or availability 

problems for ultra-low sulfur distillate oil. 

Timing Concerns 

3. Comment: This law, by requiring refiners to supply the new fuel specification in less than 2 years, is 

unprecedented and unfair by not providing refiners who have continued to make an important product used by 

millions of consumers adequate time to retool to make the new fuel. No other major fuel specification change 

has ever been made in such a short period of time and doing so will disrupt markets for diesel fuel for both road 

and home heating use in New York and elsewhere, partiCularly with other states such as Pennsylvania 

considering similar actions. Any reduction in fuel oil sulfur content should allow at least four years for refiners 

to add additional processing capabilities. It is our understanding that before this legislation passed, NYSDEC 

agreed with this position, which is consistent with positions taken by New York and other states as part of a 

regional cooperative, and had intended to propose rules similar to those adopted by New Jersey. Requiring use 

ofULSD in New York by 2012 will eliminate suppliers for fuel oil to the State by not giving refiners time to 

invest in additional capacity. (l) 

Page 3 of9 
Response: Please see the response to Comment 1. On July 15,2010 Chapter 203 of the Laws of New 

York was passed by the New York State Legislature and signed into law by the Governor amending the 

Environmental Conservation Law by adding a new Section 19-0325, effective July 1, 2012 requiring a 

reduction in sulfur for heating oil used in New York State. The Department does not have the legal ability to 

change that legislation. This action placed the existing legislation into our SIP which will allow the Department 

to take credit for the emission reductions associated with this requirement. 

Unnecessary Rule 

4. Comment: It is our view that New York should not, as a policy matter, adopt the Fuel Sulfur Rule as 

part of the State Implementation Plan for those areas currently in attainment with PM-2.5 standards, because 

there is no compelling or rational basis to do so for most of New York State, which is in attainment with these 

standards and has NO Class I areas. Commenter also questions whether the data supports the need for the Fuel 

Sulfur Rule in the New York nonattainment area for the annual PM2.5 standard. A state implementation plan 

for the 24 hour standard is due in 2012, and any action should await a consolidated rulemaking, but it is not 

clear from the most recent data that any action is needed to attain this standard for currently designated nonattainment areas. The environmental benefits of this rule are overstated and do not justify its adoption at this 

time. Visibility cannot be used as basis to adopt a rule effective in 2012. Based on the (i) the extremely limited 

benefit to Class I air areas, (ii) overstated emissions inventory for fuel oils and (iii) the lack of any legal driver 

to adopt a visibility standard by 2012, there is no rational or basis to adopt these rules at.this time as part of a 

SIP. PM 2.5 cannot be used as basis to adopt a statewide rule effective in 2012. Indeed, areas that are 

themselves in attainment but are deemed to contribute significantly to non-attainment in another area are 

already included in the non-attainment areas subject to SIP requirements, as they are required to be under 

Page 4 of9 
Section 107 (d) of the Clean Air Act. Even for those areas that are not in attainment, NYSDEC has not 

demonstrated that this measure is needed for attainment of any PM standard. (1) 

Response: This action is a proposed revision to the Regional Haze SIP. Although NY has no Class I 

areas, the federal Regional Haze Rule in 40 CFR Section 51.308 still requires emission reduction measures to 

meet the federally-mandated reasonable progress goals set in the SIP. These goals were developed in concert 

with the MANE-VU states and apply to all of its members. New York is proposing to include the Chapter 203 

legislation in the Regional Haze SIP to help obtain emissions reductions required under the Act. 

5. Comment: NOx and ozone cannot be used to justify this rule and are irrelevant considerations because 

most heating oil is a wintertime fuel. In some cases, proponents oflow sulfur heating oils have sought to justify 

sulfur content regulation based on NOx and Ozone. It is critical to note New York's use of No. 2 fuel oil is 

primarily for home heating. That means that its use is most concentrated in the months of January and 

February. Yet Ozone is almost entirely a summertime issue, as a result of higher temperatures causing 

atmospheric reactions with NOx that create ozone. These conditions are not, obviously, present in wintertime. 

The rule proposal also tangentially mentions nitrogen oxides as a factor in particulate matter pollution and 

visibility impairment. However, No.2 Fuel Oil represents a tiny fraction of the NOx inventory in New York. 

Equally important, it is quite clear that nitrate particles are not the major factor in visibility impairment. (1) 

Response: Please see the response to Comment 1. We are including the provisions of Chapter 203 of· 

the Laws of New York in the SIP to obtain emissions reductions in the Regional Haze SIP. Any NOx and 

ozone benefits may be used in other contexts. 

Page 5 of9 
6. Comment: There is no technology driver that requires a mandated level of 15 ppm sulfur heating oil for 

all boilers. High Efficiency Energy Star boilers do not require 15 ppm sulfur heating oil. There is no need for a 

mandate for 15 ppm or 50 ppm sulfur because this fuel is already available to consumers who want or need it. 

EPA's area source boiler NESHAPS rule could effectively eliminate new oil fired boilers, so that upgrades to 

theoretically more efficient technology would be irrelevant. (l) 

Response: Please see the response to Comment 1. 

Legal Concerns 

7. Comment: Adding these provisions as SIP provisions works to effectively deprive the New York State 

Le~slature of its prerogative to change or reconsider this law, because once it is adopted as part of the SIP, it is 

exceptionally difficult to undo this change because of EPA procedural requirements, even it is not needed or 

required at this time. For example, the legislature could, quite reasonably, decide that New York should line up 

behind the New Jersey timeline and revise this law to do so. But that law, once EPA approves the SIP, would 

have no effect until EPA approved a change to the SIP. This need to defer to the legislature is particularly 

important because of the razor thin margin by which this bill passed last year and the fact that control of the 

Senate has since changed. (1) 

Response: The potential for legislative changes exists for any measure, but it does not preclude the 

Department from including it in the SIP. If legislation is enacted that changes the timing or limitation in the 

current law, the Department will make the necessary changes to the SIP. 

Page 6 of9 
8. Comment: With regard to the reduction in fuel S content for No.4 Oil, that proposal is based on a New 

York City law. If the Fuel Sulfur Rule is statewide for the S content of No. 4 oil, it cannot be proposed justified 

as a statewide measure on that basis. (1) 

Response: This SIP revision does not propose to apply the New York City requirements statewide. 

9. Comment: Commenter does not believe that the provisions in the Fuel Sulfur Rule for temporarily 

allowing higher sulfur material will be effective and do not represent good policy. The proposal allows higher 

sulfur material to be used as follows: "2) the Governor may, by issuing an executive order, temporarily suspend 

the applicability of this section at any time based on the Governor's determination, after consulting with the 

New York Energy Research and Development Authority, that meeting the requirement of subdivision one of 

this section is not feasible due to lack of adequate supply ofthe required fue1." First, it typically takes days for 

a decision to be made. By the time NYSDEC and NYSERDA acts to allow the higher sulfur material into the 

marketplace, it is already too late and shortage situations will develop. Second, it is exceptionally rare for 

actual product runouts to occur such that the Governor could declare that insufficient product is available. 

Third, such waivers typically cause post waiver dislocations, because a supplier gets "stuck" with a tank full of 

material that cannot be sold in New York because it exceeds the sulfur spec of 15 ppm. (1) 

Response: Please see the response to Comment 1. Chapter 203 of the Laws of New York adopted 

Section 19-0325 of the Environmental Conservation Law include temporary suspensions of rule applicability. 

The Department has the responsibility of implementing the law as written. 

Environmental Concerns 

Page 7 of9 
... 10. Comment: This proposal will probably raise ORO emissions in the short and medium term, not lower 

them, and will not materially enhance boiler and furnace efficiency, Lowering the standard below 500 ppm 

would have unintended negative environmental consequences. The benefits of this rule are offset by negative 

consequences, and the rule should be viewed as increasing ORO emissions. (1) 

Response: Please see the response to Comment 1. Boilers will not degrade as rapidly using the lower 

sulfur fuel. Greenhouse gas emissions are not affected by sulfur in fuel. The Department believes that these 

provisions are necessary to protect the environment and public health. In addition, the inclusion in the Regional 

Raze SIP of the lower sulfur fuel standard in Environmental' Conservation Law Section 19-0325 will result in 

additional S02 reductions of54,090 tons per hear from the area source sector. 

Page 8 of9 
LIST OF COMMENTORS THAT SUBMITTED COMMENTS 

DURING THE COMMENT PERIOD 

Commentor No. Cornmentor 

1 CHRISTOPHER S. COLMAN, HESS CORPORATION 

Page 9 of9